Chapter 8.25 AIR POLLUTION CONTROL

The Tulalip Department of Environment, having regulatory authority over air quality within the exterior boundaries of the Tulalip Indian Reservation, adopts the following regulation to control the emission of air contaminants from all sources within the jurisdiction of the Department, to provide for the uniform administration and enforcement of this regulation, and to carry out the requirements and purposes of the Federal Clean Air Act.

The Tulalip Tribes is a Federally recognized Indian tribe organized pursuant to the Indian Reorganization Act of 1934, as amended, which is the successor in interest of the aboriginal Snohomish, Snoqualmie, Skykomish and other allied tribes and bands that were parties to the Treaty of Point Elliott. [Ord. 96 § 1.01, 6-7-1997 (Res. 97-0118)].

8.25.020 Name of agency.

The name of the air pollution control agency shall be known and cited as the Tulalip Department of Environment. [Ord. 96 § 1.03, 6-7-1997 (Res. 97-0118)].

8.25.030 Definitions.

When used herein:

(1) “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 impacts 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 established by the Board after public hearing and are listed in Appendix A, attached to the ordinance codified in this chapter.

(2) “Actual emissions” means the average rate at which the source actually emitted air contaminants during the two-year period preceding a specific 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 that is more representative of normal operations than is the immediately preceding two-year period.

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

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

(5) “Air pollution” means 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.

(6) “Air pollution episode” means a period when a forecast, alert, warning, or emergency air pollution stage is declared by the Tulalip Department of Environment.

(7) “Allowable emissions” means the emission rate calculated using the maximum rated capacity of the source (unless the source is subject to a Federal enforcement permit that limits the operating rate, or hours of operation, or both) and the most stringent of the following:

(a) Any applicable standard under 40 CFR Parts 60, 61, and 63;

(b) Any applicable emission standard under this chapter;

(c) Any applicable emission standard specified in an order of approval or operating permit, including those with a further compliance date.

(8) “Ambient air” means an established concentration, exposure time, and frequency of occurrence of an air contaminant in the ambient air that shall not be exceeded.

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

(10) “Best available control technology” means technology that will result in an emission standard, including a visible emission standard, based on the 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 achievable 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 any air contaminant that would exceed the emissions allowed by any applicable standard under 40 CFR Parts 60, 61, and 63. The Department may prescribe a design, equipment, work practice, or operational standard, or combination thereof, to meet the requirements of the 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.

(11) “Board” means the Board of Directors of the Tulalip Tribes.

(12) “Commenced construction” means that the owner or operator has all the necessary pre-construction approvals or permits and either has begun, or has caused to begin, a continuous program of actual on-site construction of the source or has entered into binding agreements or contractual obligations to undertake construction of the source which cannot be canceled or modified without substantial loss to the owner or operator.

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

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

(15) “Control Officer” means an Air Pollution Control Officer of the Tulalip Tribes.

(16) “Department” means the Tulalip Department of Environment.

(17) “Emission” means a direct or indirect release of any air contaminant into the ambient air.

(18) “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.

(19) “Equipment” means any stationary or portable device or any part thereof that emits or may emit any air contaminant into the atmosphere.

(20) “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.

(21) “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.

(22) “Fuel burning equipment” means equipment that produces hot air, hot water, steam, or other heated fluids by external combustion.

(23) “Fugitive dust” means particular 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.

(24) “Fugitive emission” means an emission that does not pass and that could not reasonably pass through a stack, chimney, or other functionally equivalent opening.

(25) “Gasoline” means a volatile organic compound having a true vapor pressure greater than one and one-half pounds per square inch at 68 degrees Fahrenheit, that is liquid at standard conditions, and is used as a fuel for internal combustion engines.

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

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

(28) “Installation” means the placement, assemblage, or construction of equipment or control equipment at the premises where the equipment or control equipment will be used, and includes all preparatory work at such premises.

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

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

Air Contamination	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 be reasonably qualified, shall be included. Any emission reduction credits banked by the facility since the designation is applied are then considered to have been used. For modifications of an individual piece of equipment, the baseline shall be the source’s actual emissions or allowable emissions, whichever is smaller. (Note: volatile organic compounds and nitrogen oxides are the air contaminants for which an area is designated nonattainment for ozone.)

(31) “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 Federal Clean Air Act. In determining whether the threshold defining a major source has been exceeded, all fugitive emissions that can be reasonably quantified shall be included. Any emission reduction credits banked by the facility may be subtracted from this amount; provided, that any credits so applied are then considered to have been used.

(32) “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, that increases the amount of any air contaminant emitted or that results in the emission of any air contaminant not previously emitted.

(33) “Motor vehicle” means any operating vehicle or one capable of being operated that has its own self-contained sources of motive power, is designated for the transportation of people or property, and is the type for which a license is required for operation on a highway.

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

(35) “Nonattainment area” 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.

(36) “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.

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

(38) “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.

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

(40) “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 CFR Part 50 and designated in accordance with 40 CFR Part 53 or by an equivalent method designated in accordance with 40 CFR Part 53.

(41) “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 control equipment and restrictions on the 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.

(42) “Reasonably available control technology” means the lowest emission standard that a particular source or source category is capable of meeting by the 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 control or air quality, and the capital and operating costs of the additional controls.

(43) “Refuse burning equipment” means equipment employed to burn any solid or liquid combustible refuse.

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

(45) “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.

(46) “Solid fuel burning 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 1,000,000 BTU per hour.

(47) “Source” means a building, structure, equipment, control equipment, or a facility that emits or may emit any air contaminant into the atmosphere.

(48) “Standard conditions” means a temperature of 68 degrees Fahrenheit and a barometric pressure of 29.92 inches of mercury.

(49) “Total allowable emissions” means allowable emissions, including the emissions from all orders of approval issued to the facility since the designation of nonattainment that were not major modifications, and all fugitive emissions that can be reasonably quantified.

(50) “Toxic air contaminant” or “TAC” means an air contaminant listed in Appendix A, attached to the ordinance codified in this chapter.

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

(52) “True vapor pressure” means the equilibrium partial pressure of an organic liquid (determined by methods described in American Petroleum Institute Bulletin 2517, “Evaporation Loss from Floating Roof Tanks,” February 1989.)

(53) “Volatile organic compound” or “VOC” means an organic compound that participates in atmospheric photochemical reactions. This excludes all compounds determined to have negligible photochemical reactivity by the U.S. Environmental Protection Agency and listed in 40 CFR 51.100(s). [Ord. 96 § 1.04, 6-7-1997 (Res. 97-0118)].

Article II. General Provisions

8.25.040 Duties and powers of the Control Officer.

(1) Appointment of Tribal Control Officers.

(a) A Tribal Control Officer is any person who has and maintains command authority within a fire district at or above the rank of captain in any fire district duly organized under the laws of the State of Washington or the Tulalip Tribes, or any person directly appointed by the Board of Directors of the Tulalip Tribes. Persons serving as Control Officers shall be given picture identification cards identifying the person as a commissioned Control Officer of the Tulalip Tribes, appointed by the Board of Directors.

(b) Each fire district to which this chapter applies is entitled to have up to three of its members, as appointed by the chief of the fire district, appointed and certified by the Tulalip Tribes. The names and addresses of persons possessing acting Control Officer appointment shall be provided to the chief executive officer of the Tulalip Tribes.

(2) Withdrawal of Appointments. The Board of Directors may, upon seven days’ notice to any person appointed by the Board as a Tribal Control Officer, withdraw the appointment and commission.

(3) Powers of Control Officers. Control Officers are hereby empowered to:

(a) Investigate fires to determine whether they are unlawful or permitted by going on any lands or waters within the boundaries of the Tulalip Reservation.

(b) Direct that fires found to be unlawful or unpermitted be extinguished by the responsible fire district or the person or persons responsible for the fire.

(d) Observe and enforce the provisions of this chapter and all orders, rules, and regulations pursuant thereto. The Control Officer is empowered by the Board to sign official complaints, issue citations, initiate Court suits, or use other legal means to enforce the provisions of this chapter.

(4) Immunity. Tulalip Control Officers shall be entitled to all the immunities provided to employees and officers of the Tulalip Tribes when acting under this chapter. [Ord. 96 § 2.01, 6-7-1997 (Res. 97-0118)].

8.25.050 Investigations by the Control Officer.

(1) For the purpose of investigating conditions specific to the control, recovery, and release of air contaminants into the atmosphere, the Control Officer or a duly authorized representative 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. No person shall refuse access entry for the purpose of inspection to one who presents appropriate credentials; nor shall any person obstruct, hamper or interfere with any such inspection.

(2) For the purpose of determining compliance with an emission standard, the Control Officer or a duly authorized representative shall have the authority to conduct testing of a source or to order the owner or operator of the source to have it tested and to report the results to the Department. In the event the Department conducts the test, the Department shall provide the owner or operator an opportunity to observe the sampling and to obtain a sample at the same time.

(3) For the purpose of determining compliance with a burning permit, any Tribal Control Officer may go upon any and all lands within the Tulalip Reservation to determine whether an existing fire is lawful and validly permitted. If any fire is found to be unlawful and/or unpermitted, the Control Officer is hereby empowered to direct any person responsible for the fire to extinguish the fire and, if the responsible person refuses, or a responsible person is not at the site of the fire, to direct the fire district with responsibility for the area in which the fire is located to extinguish the fire. [Ord. 96 § 2.03, 6-7-1997 (Res. 97-0118)].

8.25.060 Compliance tests.

(1) Testing of sources for compliance with emission standards shall be performed in accordance with current U.S. Environmental Protection Agency-approved methods unless specific methods have been adopted, and testing shall be performed in accordance with a method approved in writing by the Control Officer.

(2) The owner or operator of a source shall notify the Department in writing at least two weeks prior to any compliance test and provide the Department an opportunity to review the test plan and to observe the test.

(3) The owner or operator of any source required to perform a compliance test shall submit a report to the Department no later than 60 days after the test. The report shall include:

(a) A description of the source and the sampling location;

(b) The time and date of the test;

(d) A description of the test methods and quality assurance procedures employed;

(e) The amount of fuel burned or raw material processed by the source during the test;

(f) The operating parameters of the source and control equipment during the test;

(g) Field data and example calculations; and

(h) A statement signed by the senior management official of the testing firm certifying the validity of the source test report. [Ord. 96 § 2.5, 6-7-1997 (Res. 97-0118)].

8.25.070 Violations – Notice.

(1) At least 30 days prior to the commencement of any formal enforcement action, the Board or Control Officer shall cause written notice to be served upon the alleged violator or violators. The notice shall specify the orders, rules, or regulations adopted pursuant thereto, alleged to be violated, and the facts alleged to constitute a violation thereof and may include an order directing that necessary corrective action be taken within a reasonable time. In lieu of an order, the Board or the Control Officer may require that the alleged violator or violators appear before the Tribal Court 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.

(2) 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.

(3) In the case of continuing violation, whether or not knowingly committed, each day’s continuance shall be a separate and distinct violation. [Ord. 96 § 2.07, 6-7-1997 (Res. 97-0118)].

8.25.080 Civil penalties.

(1) Any person who violates any of the rules or regulations in force pursuant thereto may incur a civil penalty in an amount not to exceed $11,000 per day for each violation.

(2) Any person who fails to take action as specified by an order issued pursuant to this chapter of the Tulalip Department of Environment shall be liable for a civil penalty of not more than $11,000 for each day of continued noncompliance.

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

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

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

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

(d) A clear and concise statement showing the grounds upon which the appealing party sustains his or her grounds for appeal;

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

(f) A statement that the appealing party has received the Notice of Appeal 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 requester of extraordinary circumstances such as the presence of information or factors not considered in setting the original penalty.

(4) Any civil penalty may also be appealed to the Tribal Court if the appeal is filed with the Court and served on the Department within 30 days after receipt by the person penalized of the notice imposing the penalty or 30 days after receipt of the notice of a disposition on the application for relief from the penalty.

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

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

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

(6) If the amount of the civil 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 or in any court in which the violator does business. In these actions, the procedures and rules of evidence shall be the same as in an ordinary civil action.

(7) Civil penalties incurred but not paid shall accrue interest beginning on the ninety-first day following the date that the penalty becomes due and payable, at the highest rate allowed by the Tribes on the date that the penalty becomes due and payable. If violations or penalties are appealed, interest shall not begin to accrue until the thirty-first day following final resolution of the appeal.

(8) To secure the penalty incurred under this section, the Department shall have a lien on any vessel used or operated in violation of this chapter. [Ord. 96 § 2.09, 6-7-1997 (Res. 97-0118)].

8.25.090 Criminal penalties.

(1) Any person who knowingly violates any rules or regulations in force pursuant thereto shall be guilty of a crime and, upon conviction thereof, shall be punished by a fine of not more than $10,000, or by imprisonment for not more than one year, or both, for each separate violation.

(2) Any person who negligently releases into the ambient air any substance listed by the Department of Ecology as a hazardous air pollutant, other than in compliance with the terms of an applicable permit or emission limit, and who at the time negligently places another person in imminent danger of death or substantial bodily harm shall be guilty of a crime and shall, upon conviction, be punished by a fine of not more than $10,000, or by imprisonment for not more than one year, or both.

(3) Any person who knowingly releases into the ambient air any substance listed by the Department of Ecology as a hazardous air 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, by punished by a fine of not less than $50,000, or by imprisonment for not more than five years, or both. [Ord. 96 § 2.11, 6-7-1997 (Res. 97-0118)].

8.25.100 Additional enforcement.

(1) 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 constitute or will constitute a violation of any order, rule, or regulation issued by the Board or the Control Officer or a duly authorized agent, the Board, after notice to such person and an opportunity to comply, may petition the Tribal Court for a restraining order or a temporary or permanent injunction or another appropriate order.

(2) As an additional means of enforcement, the Board or Control Officer may accept an assurance of discontinuance of any act or practice deemed in violation of any order, rule, or regulation adopted pursuant thereto, 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 any such assurance shall constitute prima facie proof of a violation of this chapter or the orders, rules, or regulations issued pursuant thereto, which make the alleged act or practice unlawful for the purpose of securing any injunction or other relief from the Superior Court. [Ord. 96 § 2.13, 6-7-1997 (Res. 97-0118)].

8.25.110 Jurisdiction of Courts.

The Courts of the Tulalip Tribes shall have jurisdiction to adjudicate all claims by complaint or citation filed pursuant to the provisions of this chapter. [Ord. 96 § 2.14, 6-7-1997 (Res. 97-0118)].

8.25.120 Appeal of orders.

(1) Any order of the Control Officer issued pursuant to TTC 8.25.070 may be appealed to the Tribal Court if the appeal is filed with the Court and served on the Department within 30 days after receipt of the order. This is the exclusive means of appeal of such an order.

(2) The Control Officer may stay the effectiveness of the order during the pendency of such an appeal. At any time during the pendency of such an appeal of such an order to the Court, the appellant may apply to the Court for a stay of the order or for the removal thereof.

(3) Upon failure to comply with any final order of the Control Officer, the attorney for the Department, upon request of the Board or Control Officer, may bring an action in the Superior Court of the county where the violation occurred or the potential violation is about to occur to obtain such relief as necessary. [Ord. 96 § 2.15, 6-7-1997 (Res. 97-0118)].

8.25.130 Confidential information.

Whenever any records or other information, other than ambient air quality data or emission data, furnished to or obtained by the Department, relates to processes or production unique to the owner or operator, or is 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 the 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. [Ord. 96 § 2.17, 6-7-1997 (Res. 97-0118)].

8.25.140 Separability.

If any provision of this chapter is declared unconstitutional, or the application thereof to any person or circumstances is held invalid, the constitutionality or validity of every other provision of this chapter shall not be affected thereby. [Ord. 96 § 2.19, 6-7-1997 (Res. 97-0118)].

8.25.150 Alternate means of compliance.

Other emission reduction methods may be employed to achieve compliance with the emissions standards of this chapter if the owner or operator demonstrates to the satisfaction of the Control Officer that they are at least as effective as the required methods and they are included in their operating permit. [Ord. 96 § 2.21, 6-7-1997 (Res. 97-0118)].

Article III. Registration

8.25.160 Definition and components of registration program.

(1) For the purpose of the 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 (2)(b) through (g) of this section performed in direct support of the registration program.

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

(a) Initial registration and annual or other periodic reports from source owners providing the information described in TTC 8.25.180(1).

(b) On-site inspections necessary to verify compliance with TTC 8.25.170 and/or to supplement information provided by sources pursuant to the requirements of TTC 8.25.180(1).

(c) Computer and software maintenance used to compile and retrieve information provided by sources pursuant to the requirements of TTC 8.25.180(1).

(d) Emission inventory reports and emission reduction credits computed from information provided by sources pursuant to the requirements of TTC 8.25.180(1).

(e) Staff review, including engineering analysis for accuracy and currentness, of information provided by sources pursuant to the requirements of TTC 8.25.180(1).

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

(g) Administrative support provided in directly carrying out the registration program. [Ord. 96 § 3.01, 6-7-1997 (Res. 97-0118)].

8.25.170 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 chapter, which by this reference is made a part hereof.

EXHIBIT A – INSIGNIFICANT SOURCES
Exclusions:
(1)	Ventilating systems, including fume hoods, not designated to prevent or reduce air contaminant emissions.
(2)	Fuel burning equipment that has a maximum input rate of:
	(a)	Less than 50,000 BTU per hour (150,000 joules per second) burning waste-derived fuel; or
	(b)	Less than 10,000,000 BTU per hour (3,000,000 joules per second) burning natural gas, propane, or butane; or
	(c)	Less than 1,000,000 BTU per hour (30,000 joules per second) burning any other fuel.
(3)	Insecticide, pesticide, or fertilizer spray equipment.
(4)	Internal combustion engines less than the size thresholds of the proposed United States Environmental Protection Agency (EPA) New Source Performance Standards (NSPS), 40 CFR Part 60 Subpart FF (Stationary Internal Combustion Engines, 44 FR 43152, 7/23/79), or the promulgated EPA NSPS 40 CFR Part 60 Subpart GG (Stationary Gas Turbines).
(5)	Laboratory equipment used exclusively for chemical or physical analysis.
(6)	Laundry dryers without control equipment.
(7)	Dryers or ovens used solely to accelerate evaporation.
(8)	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.
(9)	Storage tanks:
	(a)	That do not store substances capable of emitting air contaminants; or
	(b)	With a rated capacity of 1,000 gallons (3,780 liters) or less used for storage of gasoline; or
	(c)	With a rated capacity of less than 10,000 gallons (38,000 liters) used for storage of volatile organic compounds; or
	(d)	With a rated capacity of less than 40,000 gallons (150,000 liters) used for storage of volatile organic compounds with a true vapor pressure less than 0.01 kPa (0.002 psia).
(10)	Sanitary or storm drainage systems.
(11)	Welding, brazing, or soldering equipment.
(12)	Asphalt roofing and laying equipment (not including manufacturing or storage).
(13)	Restaurants and other retail food-preparing establishments.
(14)	Cold solvent cleaners using a solvent with a true vapor pressure less than or equal to 4.2 kPa (0.6 psia).
(15)	Retail printing operations (not including web presses).
(16)	Spray painting or blasting equipment used at a temporary location to clean or paint, with the potential to contribute to air pollution, determined through review by the Control Officer not to warrant registration.

[Ord. 96 § 3.03, 6-7-1997 (Res. 97-0118)].

8.25.180 General requirements for registration.

(1) Owners or operators of air contaminant sources subject to TTC 8.25.170 shall, upon request by the Department, make annual and/or periodic reports to the Department regarding emission sources, types and amounts of raw material used and air contaminants emitted, data on equipment and control equipment, stack heights, process weights, process flow, fuel composition, pollutant concentrations, and any other information directly related to air pollution registration requested by the Department.

(2) 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 the Department-approved format. The owner of the source shall be responsible for 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.

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

(4) The confidentiality provisions of TTC 8.25.130 shall be applicable in administering the registration and reporting program.

(5) Owners or operators of air contaminant sources subject to TTC 8.25.170 shall develop and implement an operation and maintenance plan to assure continuous compliance with this chapter. A copy of the plan shall be filed with the Control Officer and include, but not be limited to, the following:

(a) Periodic inspection of all equipment and control equipment;

(b) Monitoring and recording of equipment and control equipment performance;

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

(e) The control measures to be employed to assure compliance with TTC 8.25.360;

(f) 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. [Ord. 96 § 3.05, 6-7-1997 (Res. 97-0118)].

8.25.190 Registration and operating permit fees.

(1) 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.

(2) 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 within 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 $83.00 per facility except $2,083 per facility for those subject to Title V of the Federal Clean Air Act; and
(2)	For all facilities:
	(a)	$35.00 for each item of air contaminant generating equipment; and
	(b)	$80.00 for each item of air contaminant control equipment; and
	(c)	$500.00 for each incinerator; and
	(d)	$500.00 for each landfill; and
(3)	For all facilities except those subject to subsection (4) of this table, a $21.00 emission fee for each item of air contaminant generating equipment except for unvented dry cleaning machines; and
(4)	For only those facilities which have permitted emissions of 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)	$21.00 per ton for PM10, sulfur oxides, nitrogen oxides, or volatile organic compounds, including any negligibly reactive compound; and
	(b)	$7.00 per ton for carbon monoxide or toxic air contaminants.
(5)	The fees required by this section are for the calendar year 1996 and shall be based on department files showing equipment to be used during 1996, and either:
	(a)	Actual emissions during calendar year 1996 if the source is not subject to a facility-wide limit on permitted emissions; or
	(b)	If the source is subject to a facility-wide limit on permitted emissions, the lesser of actual emissions during calendar year 1996 or permitted emissions; or
	(c)	Permitted emissions if no actual emissions were reported during calendar year 1996.

[Ord. 96 § 3.07, 6-7-1997 (Res. 97-0118)].

8.25.200 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. [Ord. 96 § 3.09, 6-7-1997 (Res. 97-0118)].

Article IV. Outdoor Fires

8.25.210 Policy and purpose.

The purpose of this article is to protect the health and welfare of residents of the Tulalip Indian Reservation and surrounding communities, and to facilitate the enjoyment of natural attractions on the Reservation. The Tulalip Tribes will work with the Puget Sound Air Pollution Control Agency (PSAPCA), the Department of Natural Resources (DNR), and all fire districts that are within the exterior boundaries of the Tulalip Indian Reservation. [Ord. 96 § 4.01, 6-7-1997 (Res. 97-0118); Ord. 77, 12-5-1992 (Res. 92-0194)].

8.25.220 Exceptions and prohibitions.

(1) Outdoor fires on shore or tidelands, held for the purpose of Tribal member fishing and/or cultural ceremonies, are permitted.

(2) Fires on shore or tidelands, for any other purpose, are prohibited.

(3) The Tribes’ Senior Air Pollution Control Officer, upon approval by the Tulalip Board of Directors, shall designate a zone west of and adjacent to Interstate 5 in which no exempt from this prohibition. [Ord. 96 § 4.02, 6-7-1997 (Res. 97-0118); Ord. 77, 12-5-1992 (Res. 92-0194)].

8.25.230 Residential burning.

(1) The Tulalip Tribes will work with Fire District No. 15, Fire District No. 20, and the Marysville Fire Department to regulate residential burning on the Tulalip Indian Reservation.

(2) The Tulalip Tribes reserves the right to restrict, regulate, revoke or postpone outdoor fires due to adverse fire weather or to prevent restriction of visibility, excessive air pollution or a nuisance, and that exceed or threaten to exceed Federal or State ambient air quality standards.

During an air pollution episode as identified by the Tulalip Tribes or the Puget Sound Air Pollution Control Agency, all outdoor fires will be prohibited.

(3) A permit must be obtained in order to conduct residential burning of outdoor fires. Permits may be obtained by calling or visiting the Tulalip Tribes Natural Resources Division, Monday through Friday, during normal business hours (8:00 a.m. to 4:30 p.m.). Information regarding the location and approximate time of the fire must be provided. Provided no burn bans are in effect, a permit will be issued. Fires must also meet the following conditions in order to be eligible for a permit:

(a) The fire consists of natural vegetation only resulting from maintenance of land immediately adjacent and in close proximity to a human dwelling.

(b) Burning may only be conducted on the lands on which the materials originated.

(c) The fire, of natural vegetation only, shall not contain rubber products, plastics, asphalt, garbage, dead animals, petroleum products, paints or similar materials that emit dense smoke or create offensive odors when burned.

(d) The fire pile must not be larger than four feet in diameter and three feet in height.

(e) A person capable of extinguishing the fire must be in attendance at all times and must fully extinguish the fire prior to leaving it.

(f) No fires are to be within 50 feet of a structure(s) or within 50 feet from any forest trees.

(g) Only one pile may be burned at a time. Each pile must be fully extinguished before lighting another.

(h) Burning may be conducted during daylight hours only.

(i) Material to be burned must be placed on bare soil, green grass or other similar areas free of combustible material for a distance adequate to prevent the escape of fire.

(j) A shovel and a garden hose connected to an adequate water supply must be present at the fire at all times. The hose must be able to reach at least 50 feet beyond the fire pile.

(k) Burning must be done only during periods of calm to very light winds, and conducive to minimize any impact to others.

(l) If, in the discretion of the fire district, the Tribes, or the Tribal Control Officer, the fire creates a nuisance from smoke, odor or flying ash, it must be extinguished immediately. A nuisance consists in unlawfully doing an act, or omitting to perform a duty, which act or omission either annoys, injures, or endangers the comfort, repose, health or safety of others, offends decency, or unlawfully interferes with, obstructs or tends to obstruct any lake or navigable river, bay, stream, canal, or basin or any public park, square, street or highway; or in any way renders other persons insecure in life, or in the use of property. [Ord. 96 § 4.03, 6-7-1997 (Res. 97-0118); Ord. 77 § A, 12-5-1992 (Res. 92-0194)].

8.25.240 Land clearing burning.

(1) A permit must be obtained in order to conduct land clearing burning:

(a) If burning is to be conducted on fee land, then a permit must be obtained from the Department of Natural Resources (DNR).

(b) If burning is to be conducted on trust land, then a permit must be obtained from the Tulalip Tribes.

(2) The Tulalip Tribes reserves the right to restrict, regulate, refuse, revoke or postpone outdoor fires due to adverse fire weather or to prevent restriction of visibility, excessive air pollution or a nuisance, and that exceed or threaten to exceed Federal ambient air quality standards.

During an air pollution episode as identified by the Tulalip Tribes or the Puget Sound Air Pollution Control Agency, the Tribes will prohibit all land clearing fires.

(3) Burning permits will only be issued for land clearing fires that meet the following conditions:

(a) The fire consists of natural vegetation only resulting from the clearing of land from which vegetation originated.

(b) The fire shall not include rubber products, plastic products, asphalt, garbage, dead animals, petroleum products, paints, or other products that emit dense smoke or create offensive odors when burned. The fire shall not include any hauled-in material.

(c) If the fire creates a nuisance from smoke, odor or flying ash, it must be extinguished immediately. A nuisance consists in unlawfully doing an act, or omitting to perform a duty, which act or omission either annoys, injures, or endangers the comfort, repose, health, or safety of others, offends decency, or unlawfully interferes with, obstructs or tends to obstruct any lake or navigable river, bay, stream, canal, or basin, or any public park, square, street or highway; or in any way renders other persons insecure in life, or in the use of property.

The Control Officer is hereby authorized to abate any nuisance resulting from a fire which they have permitted or over which they have authority.

(d) A person with equipment capable of extinguishing the fire or keeping the fire from spreading must attend the fire at all times.

(e) No fires are to be within 50 feet of any structures or within 50 feet from any forest trees.

(f) A permit can be revoked for any cause by the Control Officer.

(4) If a Fire Department or duly authorized person is called to a fire, the property owner or person attending said fire must be able to provide a copy of the burning permit upon request. If there is no one in attendance at the fire, and if there is potential for the fire to spread, it shall be at the discretion of the Fire Department to extinguish the fire. [Ord. 96 § 4.04, 6-7-1997 (Res. 97-0118); Ord. 77 § B, 12-5-1992 (Res. 92-0194)].

8.25.250 Outdoor agricultural fires.

(1) A permit is required from PSAPCA in order to burn outdoor agricultural fires on fee land.

(a) In order to obtain a permit from PSAPCA, approval from the Tulalip Tribes must first be obtained. Upon approval by the Tulalip Tribes, PSAPCA will issue a permit and a list of associated conditions; provided, that the permit application meets the requirement of PSAPCA’s regulations.

(b) The public interest in air pollution and safety to life and property must be fully considered, and air pollution must be minimized insofar as is practical.

(2) The conditions for approval of a permit are as follows:

(a) The outdoor fires shall not be allowed during meteorological conditions conducive to the buildup of air contaminants.

(b) The air contaminants emitted from the outdoor fires shall not be 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.

(d) This approval does not relieve the applicant from obtaining permits, licenses or other approval if required by a Fire Department.

(e) If the Tulalip Tribes receives a complaint by an individual being impacted as a result of the agricultural burn, they reserve the right to revoke this permit. [Ord. 96 § 4.05, 6-7-1997 (Res. 97-0118); Ord. 77, 12-5-1992 (Res. 92-0194)].

8.25.260 Unpermitted or unlawful fires.

(1) Entry on Lands. For the purpose of determining compliance with a burning permit, any Tribal Control Officer may enter upon any and all lands within the Tulalip Reservation to determine whether an existing fire is lawful and validly permitted. If any fire is found to be unlawful and/or unpermitted, the Control Officer is hereby empowered to direct any person responsible for the fire to extinguish the fire and if the responsible person refuses, or a responsible person is not at the site of the fire, to direct the fire district with responsibility for the area in which the fire is located to extinguish the fire.

(2) Costs of Investigation and Extinguishing Unlawful and Unpermitted Fires. Persons found responsible for the setting of unpermitted or unlawful fires, including property owners actually aware that an unlawful or unpermitted fire is located or is to be located on the property in which they have interest, shall be responsible for the payment of all the costs of investigation and extinguishment of an unlawful or unpermitted fire, including all Court and enforcement costs and attorneys fees necessary for the collection of these costs.

(3) Control Officer May Bring Action.

(a) Any Tulalip Control Officer shall be empowered to bring an action by complaint or citation, in the name of the Tulalip Tribes and/or the name of the fire district or districts incurring costs to extinguish or investigate any unlawful or unpermitted fire, in the Tulalip Tribal Courts to collect all sums of money owed by any person pursuant to the provisions of subsection (2) of this section.

(b) The Control Officer shall also be empowered to place a judgment or lien on any property, real or personal, belonging to a person found by the Tulalip Tribal Courts to be responsible for payments of money set out in subsection (2) of this section and money found by the Tulalip Tribal Courts in a judgment to be due and owing for the costs and fees set out in this chapter. [Ord. 96 § 4.07, 6-7-1997 (Res. 97-0118)].

Article V. Emission Standards

8.25.270 Emission of air contaminant – Visual standard.

(1) 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:

(a) 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

(b) Of such opacity as to obscure an observer’s view to a degree equal to or greater than does smoke described in subsection (1)(a) of this section.

(2) 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.

(3) 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.

(4) This section shall not apply to solid fuel burning devices, permitted fire training facilities, motor vehicles when operated on public roads, or aircraft.

(5) Subsection (1) of this section shall not apply to any source which meets the requirements of TTC 8.25.310(3). [Ord. 96 § 5.01, 6-7-1997 (Res. 97-0118)].

8.25.280 Refuse burning.

(1) It shall be unlawful for any person to cause or allow the burning of combustible refuse except in a multiple chamber incinerator provided with control equipment.

(2) It shall be unlawful for any person to cause or allow the operation of refuse burning equipment anytime other than daylight hours. [Ord. 96 § 5.03, 6-7-1997 (Res. 97-0118)].

8.25.290 Sulfur dioxide emission standard.

It shall be unlawful for any person to cause or allow the emission of sulfur dioxide from any source in excess of 1,000 parts per million by volume on a dry basis, one-hour average (corrected to seven percent oxygen for the fuel burning equipment and refuse burning equipment). [Ord. 96 § 5.05, 6-7-1997 (Res. 97-0118)].

8.25.300 Fuel oil standards.

(1) It shall be unlawful for any person to cause or allow the combustion of oil in fuel burning equipment or refuse burning equipment that exceeds any of the following limits unless that person has obtained an order of approval from the Department.

Ash	0.1% (Maximum)
Sulfur	1.0% (Maximum for used oil)
Sulfur	2.0% (Maximum for fuel oil)
Lead	100 ppm (Maximum)
Arsenic	5 ppm (Maximum)
Cadmium	2 ppm (Maximum)
Chromium	10 ppm (Maximum)
Total Halogens	1,000 ppm (Maximum)
Polychlorinate Biphenyles (PCBs)	2 ppm (Maximum)
Flash Point	100ºF (Maximum)

(2) It shall be unlawful for any person to sell or make available for sale any oil in excess of the limits of this section to any person who has not obtained an order of approval from the Department. Any person who sells or makes available for sale such oil shall submit a report to the Department within 15 days of the end of the month that includes the name and address of the recipient, the amount of oil delivered, and the concentration of contaminants therein.

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

(a) Ocean-going vessels;

(b) Used oil burned in space heaters that have a maximum heat output of not greater than 500,000 BTU per hour; and

(c) Persons in the business of collecting used oil from residences when under authorization by a city, county, or the Utilities and Transportation Commission. [Ord. 96 § 5.07, 6-7-1997 (Res. 97-0118)].

8.25.310 Particulate matter emission standards.

(1) It shall be unlawful for any person to cause or allow the emission of particulate matter in excess of the following concentrations:

Refuse Burning Equipment:
	1.	Rated at 12 tons per day or less without heat recovery and without hydrochloric acid control equipment	0.10 gr/dscf @ 7% O2
	2.	Rated at 12 tons per day or less without heat recovery and with hydrochloric acid control equipment	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
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 100,000,000 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
Equipment Used in a Manufacturing Process			0.05 gr/dscf @ 7% O2

(2) It shall be unlawful for any person to cause or allow the emission of any air contaminant (as determined by a continuous emission monitoring system) that is:

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

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

(3) The provisions of subsection (2)(b) of this section shall not apply to any source that has obtained an order of approval for a Notice of Construction that correlates the particulate matter concentration with opacity such that any violation of the alternate opacity standard accurately indicates a violation of the applicable emission standard of subsection (1) of this section.

(4) The provisions of subsection (2)(b) of this section shall not apply to any glass furnace that annually tests for compliance with the application emission standard of subsection (1) of this section. [Ord. 96 § 5.09, 6-7-1997 (Res. 97-0118)].

8.25.320 Emission of hydrochloric acid.

(1) 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.

(2) 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. [Ord. 96 § 5.11, 6-7-1997 (Res. 97-0118)].

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

(1) 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.

(2) 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 a duly authorized representative.

(3) Nothing in this chapter 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. [Ord. 96 § 5.13, 6-7-1997 (Res. 97-0118)].

8.25.340 Odor and nuisance control measures.

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

(2) 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. [Ord. 96 § 5.15, 6-7-1997 (Res. 97-0118)].

8.25.350 Emission of air contaminant – Concealment and masking restricted.

(1) 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.

(2) 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 health, safety or welfare of any person. [Ord. 96 § 5.17, 6-7-1997 (Res. 97-0118)].

8.25.360 Fugitive dust – Emission standard.

(1) 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.

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

(a) Unless such vehicle is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking, 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.

(b) 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.

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

(3) 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 equipment.

(4) It shall be unlawful for any person to cause or allow the emission of fugitive dust 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. [Ord. 96 § 5.19, 6-7-1997 (Res. 97-0118)].

8.25.370 Spray coating operations.

(1) It shall be unlawful for any persons 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 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.

(2) The provisions of subsection (1) of this section shall not apply to:

(a) The use of handheld aerosol cans;

(b) Touch-up operations;

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

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

(f) 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. [Ord. 96 § 5.21, 6-7-1997 (Res. 97-0118)].

8.25.380 Maintenance of equipment.

(1) It shall be unlawful for any person to cause or allow the operation of any features, machines or devices constitution parts of or caller for by plans, specifications, or other information unless such features, machines or devices are maintained in good working order.

(2) It shall be unlawful for any person to cause or allow the operation of any equipment as defined in TTC 8.25.030 or control equipment not subject to Section 5.20(a) unless the equipment or control equipment maintained in good working order. [Ord. 96 § 5.23, 6-7-1997 (Res. 97-0118)].

Article VI. New Source Review

8.25.390 Notice of Construction.

(1) No person shall construct, install, establish, or modify an air contaminant source, except those sources that are excluded in Exhibit A of TTC 8.25.170, unless a “Notice of Construction and Application for Approval” has been filed with and approved by the Department.

(2) Each Notice of Construction and Application for Approval shall be submitted on forms provided by the Department and shall be accomplished by a set of plans that fully describe the proposed source, the means for prevention or control of the emissions of air contaminants, and additional information required by the Board or Control Officer to demonstrate that the proposed source will meet the requirements of TTC 8.25.420.

(3) 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. [Ord. 96 § 6.01, 6-7-1997 (Res. 97-0118)].

8.25.400 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
	100.0 or more but less than 250.0	$10,000
	250.0 or more	$20,000
Control Equipment or Equipment Used in a Manufacturing Process: (acfm)
	Less than 25,000	$300.00
	25,000 or more but less than 100,000	$1,000
	100,000 or more	$5,000
Refuse Burning Equipment: (rate capacity)
	12 tons per day or less	$5,000
	greater than 12 tons per day but less than 250 tons per day	$20,000
	250 tons per day or greater	$50,000
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 Toxins Screening (see TTC 8.25.420(5))	$200.00
	Exceedance of Acceptable Source Impact Level (See TTC 8.25.420(5))	$5,000
	Major Source or Major Modification (See TTC 8.25.420(4))	$5,000
	Opacity/Grain Loading Correlation	$5,000
	Permitted Emissions	$20.00/ton

[Ord. 96 § 6.03, 6-7-1997 (Res. 97-0118)].

8.25.410 Requirements for public notice.

(1) The Department shall provide notice for any proposed order of approval if:

(a) The proposed installation or modification would increase the emissions of any air contaminant by more than the following:

AIR CONTAMINANT	TONS/YEAR
Carbon Monoxide	100.00
VOC	40.0
Nitrogen Oxides	40.0
PM10	15.0
Sulfur Dioxide	40.0
Lead	0.6
Fluorides	3.0
Sulfuric Acid	7.0
Total Reduced Sulfur	10.0

(b) The applicant requests a limit on the potential to emit;

(d) The application requests approval of a risk analysis;

(e) The proposed installation or modification involves refuse burning equipment; or

(f) The Control Officer determines that there may be substantial public interest in the proposal.

(2) Public notice shall be published in a newspaper of general circulation in the area of the proposed project and shall include the following:

(a) Name and address of the owner or operator of the facility;

(b) Brief description of the proposal;

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

(d) The deadline for submitting written comments; and

(e) That a public hearing may be held if the Department determines within a 30-day period that significant public interest exists.

(3) Notice shall also be sent to the U.S. Environmental Protection Agency Regional Administrator.

(4) The cost of providing public notice shall be borne by the applicant.

(5) The Department shall not make a final decision on any application until the public comment period has ended and any comments received have been considered. Unless a public hearing is held, the public comment period shall be the 30-day period for written comments published as provided above. If a public hearing is held, the public comment period shall extend through the hearing date.

(6) The applicant, any interested governmental entity, any group, or any person may request a public hearing within the 30-day period published as provided above. Any such request shall indicate the interest of the entity filing it and why a hearing is warranted. The Department may, at its discretion, hold a public hearing if it determines significant public interest exists. Any such hearing shall be held upon such notice and at a time and place as the Department deems reasonable. The Department shall provide at least 30 days’ prior notice of any hearing. [Ord. 96 § 6.06, 6-7-1997 (Res. 97-0118)].

8.25.420 Order of approval – Order to prevent construction.

(1) Within 60 days of receipt of a complete Notice of Construction and Application for Approval, or as promptly as possible after the close of the public comment period if subject to the public notice requirements of TTC 8.25.410, the Board or Control Officer shall issue an order of approval or an order to prevent construction. A person seeking approval to construct or modify a source that requires an operating permit may elect to integrate review of the operating permit application; provided, that any such application shall be processed in accordance with the operating permit program procedures and deadlines.

(2) An order of approval may provide such conditions of operation as are reasonably necessary to assure compliance with all applicable emission standards.

(3) No order of approval shall be issued unless the Notice of Construction and Application for Approval demonstrates to the Board or Control Officer that:

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

(b) The source meets the requirements of all applicable emission standards;

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

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

(4) No order of approval shall be issued for a new major source or major modification in a nonattainment area unless the Notice of Construction and Application for Approval also demonstrates to the Board or Control Officer that:

(a) 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 involved in a major modification;

(b) All existing major sources owned or operated by the applicant in 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;

(c) 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 National Environmental Policy Act.)

(5) No order of approval shall be issued for a new or modified source of toxic air contaminants unless the Notice of Construction and Application for Approval demonstrates to the Board or Control Officer that:

(a) The toxic air contaminant emissions from the source will not result in the exceedance of any acceptable source impact level listed in Appendix A, attached to the ordinance codified in this chapter; or

(b) The emissions from the source will not cause air pollution. This demonstration shall be performed in accordance with TTC 8.25.560.

(6) An order of approval shall expire unless the owner or operator has commenced construction of the source within 18 months of the date of its issuance or if construction is discontinued for a period of more than 18 months.

(7) An order to prevent construction shall set forth the objections in detail with references to the provisions of this chapter 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 reconstruction of the order, with reasons for the reconsideration. The Board 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. [Ord. 96 § 6.07, 6-7-1997 (Res. 97-0118)].

8.25.430 Notice of Completion.

Within 30 days of completion of the installation or modification of an air contaminant source subject to the provisions of TTC 8.25.390, the owner or operator or application 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. [Ord. 96 § 6.09, 6-7-1997 (Res. 97-0118)].

8.25.440 Work done without an approval.

Where work for which a Notice of Construction is required is commenced 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 a case, an investigation fee, in addition to the fees of TTC 8.25.400, shall be assessed in an amount equal to three times the plan examination fees of TTC 8.25.400. Payments of the fees does not relieve any person from the requirements to comply with the regulations nor from any penalties for failure to comply. [Ord. 96 § 6.10, 6-7-1997 (Res. 97-0118)].

8.25.450 New source performance standards.

It shall be unlawful for any person to cause or allow the operation of any source in violation of any provision of Part 60, Title 40, of the Code of Federal Regulations (CFR) in effect July 1, 1996, herein incorporated by reference. [Ord. 96 § 6.11, 6-7-1997 (Res. 97-0118)].

Article VII. Solid Fuel Burning Device Standards

8.25.460 Policy and purpose.

The Board of Directors of the Tulalip Tribes declares it to be public policy of the Department to control and reduce air pollution caused by woodstove emissions. It is the Department’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 desirability of achieving better emission performance and heating efficiency from woodstoves. It is further the policy of the Board to encourage the replacement of uncertified woodstoves with cleaner sources of heat.

The Board encourages cities and towns within its jurisdiction to adopt woodsmoke control programs including enhanced public education and abatement ordinances and to assist in the enforcement of this chapter during declared air quality episodes and periods of impaired air quality. Nothing in this chapter shall be construed to impair the right of any city or town to adopt and enforce woodsmoke abatement ordinances. [Ord. 96 § 7.01, 6-7-1997 (Res. 97-0118)].

8.25.470 Opacity standards.

(1) 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:

(a) 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

(b) Of such opacity as to obscure an observer’s view to a degree equal to or greater than does smoke described in subsection (1)(a) of this section.

(2) 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. [Ord. 96 § 7.03, 6-7-1997 (Res. 97-0118)].

8.25.480 Prohibited fuel types.

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

(1) Garbage;

(2) Treated wood;

(3) Plastics;

(4) Rubber products;

(5) Animals;

(6) Asphaltic products;

(7) Waste petroleum products;

(8) Paints; or

(9) Any substance, other than properly seasoned fuel wood, or coal with sulfur content less than one percent by weight burned in coal stoves, which normally emits dense smoke or obnoxious odors. [Ord. 96 § 7.04, 6-7-1997 (Res. 97-0118)].

8.25.490 Curtailment.

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

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

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

(3) 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. [Ord. 96 § 7.05, 6-7-1997 (Res. 97-0118)].

Article VIII. Gasoline Stations

8.25.500 Purpose, policy, short title, and definitions.

(1) Policy. The Board of Directors of the Tulalip Tribes recognizes the need for a special regulation to reduce ozone concentrations as required by the Federal Clean Air Act as amended. Accordingly, the Board has adopted this article to provide for control of photochemically reactive volatile organic compounds (VOC), which are precursors to ozone, to meet the National Ambient Air Quality Standard for ozone.

(2) Special Definitions. When used in this article of the Tulalip Department of Environment:

(a) “Bottom loading” means the filling of a tank through a line entering the bottom of the tank.

(b) “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.

(c) “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 20 degrees Celsius temperature, that is a liquid at standard conditions of 102.9 kPa (14.7 psi) and 20 degrees Celsius, and is used as a fuel for internal combustion engines.

(d) “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.

(e) “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.

(f) “Submerged fill line” means any discharge pipe or nozzle that meets either of the following conditions:

(i) Where the tank is filled from the top, the end of the discharge pipe or nozzle must be totally submerged when the liquid level is six inches from the bottom of the tank.

(ii) Where the tank is filled from the side, the discharge pipe or nozzle must be totally submerged when the liquid level is 18 inches from the bottom of the tank.

(g) “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.

(h) “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,” February 1989).

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

(j) “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. [Ord. 96 § 8.01, 6-7-1997 (Res. 97-0118)].

8.25.510 Gasoline stations.

(1) Stage 1 vapor recovery system requirements shall apply to:

(a) All gasoline stations with a total annual gasoline throughput greater than 200,000 gallons and total gasoline storage capacity greater than 100,000 gallons; and

(b) All new stationary gasoline storage tanks greater than 1,000 gallons capacity.

(2) It shall be unlawful for the owner or operator of a gasoline station subject to Stage 1 vapor recovery system requirements to cause or allow the transfer of gasoline from any transport tank into any stationery storage tank unless:

(a) The stationary storage tank is equipped with a permanent submerged fill line and a Stage 1 vapor recovery system certified by the California Air Resources Board;

(b) The transport tank is equipped to balance vapors; and

(c) All vapor return lines are connected between the transport tank and the stationary storage tank, and the State 1 vapor recovery system is operating.

(3) Stage 2 vapor recovery system requirements shall apply to:

(a) All gasoline stations located within the exterior boundaries of the Reservation, with a total annual gasoline throughput greater than 600,000 gallons and a total gasoline storage capacity greater than 10,000 gallons;

(b) All new stationary gasoline storage tanks greater than 1,000 gallons capacity.

(4) The owner or operator of a gasoline station subject to Stage 2 vapor recovery system requirements shall install a Stage 2 vapor recovery system in accordance with the following schedule.

(a) Businesses that own 10 or more gasoline stations within the exterior Reservation boundaries:

(i) At least 50 percent of facilities with an annual throughput greater than 840,000 gallons by May 1, 1994;

(ii) The remaining facilities with an annual throughput greater than 840,000 gallons by May 1, 1995; and

(b) All gasoline stations with an annual throughput greater than 1,200,000 gallons by May 1, 1994; and

(5) It shall be unlawful for the owner or operator of a gasoline station subject to Stage 2 vapor recovery system requirements to cause or allow the transfer of gasoline from any stationary storage tank into any motor vehicle fuel tank (except motorcycles) unless:

(a) The gasoline dispenser is equipped with a Stage 2 vapor recovery system certified by the California Air Resources Board and installed in accordance with the system’s certification requirements;

(b) The vapor return line is connected between the stationary storage tank and the motor vehicle fuel tank;

(c) All bellows-type nozzles are inspected daily, and if determined to be defective are taken out of service until repaired or replaced;

(d) Operating instructions for the Stage 2 vapor recovery nozzles are conspicuously posted and include a warning against topping off. The instructions shall include a prominent display of the Department of Ecology’s toll-free telephone number for complaints regarding the operation and condition of the nozzles. [Ord. 96 § 8.03, 6-7-1997 (Res. 97-0118)].

8.25.520 Leaks from gasoline transport tanks and vapor recovery systems.

(1) This section shall apply to all gasoline transport tanks and all facilities.

(2) It shall be unlawful for any person to cause or allow the transfer of gasoline between a facility 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.

(3) It shall be unlawful for any person to cause or allow the operation of any facility unless the vapor recovery system and the gasoline loading equipment is operated during all loading and unloading of gasoline such that it:

(a) Is leak tested annually;

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

(i) Show the date the tank last passed the leak test; and

(ii) Show the identification number of the tank; and

(c) 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 two and one-half 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 within 10 days. The Control Officer shall be notified in writing within five days after the completion of the required leak test.

(4) It shall be unlawful for any person to cause or allow the operation of any facility unless the vapor recovery system and the gasoline loading equipment is operated during all loading and unloading of gasoline such that:

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

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

(5) During the test, each transport tank shall sustain a pressure change of no more than 0.75 kPa (three inches) of water in five minutes when pressurized to a gauge pressure of four and one-half kPa (18 inches) of water and evacuated to a gauge pressure of one and one-half kPa (six inches) of water during the test. [Ord. 96 § 8.05, 6-7-1997 (Res. 97-0118)].

Article IX. Toxic Air Contaminants – General Requirements

8.25.530 Purpose and approach.

The purpose of this article is to reduce the ambient concentrations of toxic air contaminants on the Tulalip Indian Reservation and thereby prevent air pollution. The Department does adopt the following framework:

(1) 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.

(2) 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 Board.

(3) 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 the people of the Tulalip Indian Reservation. [Ord. 96 § 9.01, 6-7-1997 (Res. 97-0118)].

8.25.540 General definitions.

All definitions in TTC 8.25.030, Definitions, are fully applicable to this article. [Ord. 96 § 9.03, 6-7-1997 (Res. 97-0118)].

8.25.550 Special definitions.

(2) “Ampere-hours” means the integral of electrical current applied to a plating or anodizing tank (amperes) over a period of time (hours).

(3) “Anti-mist additive” means a chemical which reduces the hexavalent chromium emission rate from a tank.

(4) “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.

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

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

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

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

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

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

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

(12) “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).

(13) “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.

(14) “Refrigerated freeboard chiller” means a set of cooling coils situated above the condenser which operates at two degrees Celsius or less.

(15) “Toxic air contaminant (TAC)” means any air contaminant listed in Appendix A, attached to the ordinance codified in this chapter, or listed in the Administrative Regulations of the United States of America in 40 CFR 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.

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

(17) “Visible emissions” means any emissions that are visually detectable without the aid of instruments. This term does not include condensed uncombined water vapor. [Ord. 96 § 9.05, 6-7-1997 (Res. 97-0118)].

8.25.560 Emission monitoring requirements.

Where toxic air contaminant emissions must be monitored pursuant to this regulation, they shall be measured using current Environmental Protection Agency procedures unless other procedures have been adopted by the Board or other procedures have been mutually agreed upon by the Control Officer and the owner or operator of the source. [Ord. 96 § 9.07, 6-7-1997 (Res. 97-0118)].

8.25.570 Reporting requirements.

(1) This section applies to all sources of toxic air contaminants which are subject to Article III of this chapter.

(2) In addition to the reporting requirements of Article III of this chapter, 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.

(3) 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, attached to the ordinance codified in this chapter. [Ord. 96 § 9.09, 6-7-1997 (Res. 97-0118)].

Article X. Review of Toxic Air Contaminant Sources

8.25.580 National emission standards for hazardous air pollutants.

It shall be unlawful for any person to cause or allow the operation of any source in violation of any provision of Part 61 or Part 63, Title 40, of the Code of Federal Regulations (CFR) in effect July 1, 1995, herein incorporated by reference. [Ord. 96 § 10.01, 6-7-1997 (Res. 97-0118)].

8.25.590 Evaluating the impacts of toxic air contaminants.

(1) Applicability. This section describes the procedures that shall be used for quantifying emissions and analyzing impacts of toxic air contaminants in order to meet the requirements for new or modified toxic air contaminant sources (see TTC 8.25.420(5)) and for existing toxic air contaminant sources.

(2) Quantifying Emissions of Toxic Air Contaminants.

(a) The owner or operator of a new or modified toxic air contaminant emissions source that may be discharged to the atmosphere after applying the required control technology, and shall submit this information as part of a Notice of Construction and Application for Approval.

(b) The owner or operator of an existing toxic air contaminant source, upon request by the Department, shall quantify toxic air contaminant emissions emitted by the facility and submit that information within 30 days.

(i) Each toxic air contaminant is introduced into the atmosphere in an unaltered form continuously, at the maximum concentration known to exist at the source, unless there is reliable data to the contrary or there is a physical or legal restriction.

(ii) Dioxin and furan emission shall be combined as one toxic air contaminant, equivalent in potency to 2,3,7,8-Tetrachlorodi-benzo-p-dioxin.

(iii) Benzo(a)anthracene, benzo(b)fluoranthene, benzo(k)fluoranthene, chrysene, dibenz(a,h)anthrancene, indeno(1,2,3-cd)pyrene, and benzo(a)pyrene shall be combined as one toxic air contaminant equivalent in potency to benzo(a)pyrene.

(3) Analyzing Impacts of Toxic Air Contaminants. The air quality impact analysis for toxic air contaminant sources shall be performed using one of the following procedures:

(a) The EPA guideline dispersion model, TSCREEN, shall be used to demonstrate that the predicted concentration of each contaminant is below the corresponding acceptable source impact level listed in Appendix A, attached to the ordinance codified in this chapter. Stack parameters shall be submitted within the Notice of Construction Application, or, for existing sources, within 30 days after the Department requests the information. The maximum one-hour concentration calculated by the model shall be converted with a persistence factor of 0.4 to a 24-hour average concentration or 0.08 to an annual average concentration;

(b) The owner or operator shall submit a more comprehensive evaluation including the use of other EPA guideline models and more accurate emission estimation techniques to demonstrate that the predicted concentration of each contaminant below the corresponding acceptable source impact level listed in Appendix A, attached to the ordinance codified in this chapter in all areas where the general public has access; or

(c) If predicted ambient concentrations are not below the acceptable source impact levels listed in Appendix A, attached to the ordinance codified in this chapter, the owner or operator shall submit a risk analysis following the procedures in WAC 173-460-090(4), which demonstrates that emissions from the source will not cause air pollution. [Ord. 96 § 10.03, 6-7-1997 (Res. 97-0118)].

Article XI. Source-Specific Emission Standards

8.25.600 Perchloroethylene dry cleaners.

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

(2) 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-kilogram dry weight of cleaned articles.

(3) 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:

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

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

(c) 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 duct; or

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

(a) All leaking components shall be required immediately.

(b) If filtration cartridges are drained, they shall be drained in an enclosed container for at least 24 hours before discarding the cartridges. [Ord. 96 § 11.01, 6-7-1997 (Res. 97-0118)].

Article XII. Asbestos Control Standards

8.25.610 Definitions.

(1) “AHERA building inspector” means a person who has successfully completed the training requirements for an abatement project designer established by EPA regulations Appendix A, Subpart F, 40 CFR Part 763, Section 1, Polarized Light Microscopy.

(2) “AHERA project designer” means a person who has successfully completed the training requirements for an abatement project designer established by EPA regulations (40 CFR 763.90(g)) and whose certification is current.

(3) “Asbestos” means the asbestiform varieties of actinolite, amosite (cummingtonitegrunerite), tremolite, chrysotile (serpentinite), crocidolite (riebeckite), or anthophyllite.

(4) “Asbestos-containing material” means any material containing more than one percent asbestos as determined using the method specified in EPA regulations Appendix A, Subpart F, 40 CFR Part 763, Section 1, Polarized Light Microscopy.

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

(6) “Asbestos project” means any activity involving the abatement, renovation, demolition, removal, salvage, cleanup, or disposal of asbestos-containing material, or any other action that disturbs or is likely to disturb any asbestos-containing material. It includes the removal and disposal of 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 nonasbestos materials to seal or fill exposed areas where asbestos fibers may be released.

(7) “Asbestos survey” means a written report describing an inspection using the procedures contained in EPA regulations (40 CFR 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, renovated, removed, or demolished (including materials on the outside of structures) contain asbestos.

(8) “Competent person” means a person who is capable of identifying asbestos hazards and selecting the appropriate asbestos control strategy, has the authority to take prompt corrective measures to eliminate them, and has been trained and is currently certified in accordance with the standards established by the Washington State Department of Labor and Industries, the Federal Occupational Safety and Health Administration, or the United States Environmental Protection Agency (whichever agency has jurisdiction).

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

(10) “Demolition” means wrecking, razing, leveling, dismantling, or burning of a structure, making the structure permanently uninhabitable or unusable.

(11) “Friable asbestos-containing material” means asbestos-containing material that, when dry, can be crumbled, disintegrated, or reduced to powder by hand pressure or by the forces expected to act upon the material in the course of demolition, renovation, or disposal. Such materials include, but are not limited to, thermal system insulation, surfacing material, and cement asbestos products.

(12) “Leak-tight container” means a dust-tight and liquid-tight container, at least six mils thick, that encloses 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 sealed polyethylene plastic.

(13) “Nonfriable asbestos-containing material” means asbestos-containing material that, when dry, cannot be crumbled, disintegrated, or reduced to powder by hand pressure or by the forces expected to act on the material in the course of demolition, renovation, or disposal.

(14) “Owner-occupied, single-family residence” means any non-multiple-unit building containing space for uses such as living, sleeping, preparation of food, and eating that is currently used or was once used, occupied, or designated to be occupied by one family who owns the property as their domicile. This term includes houses, mobile homes, trailers, detached garages, houseboats, and houses with a mother-in-law apartment or guest room. This term does not include rental property or multiple-family units, nor does this term include any mixed-use building, structure, or installation that contains a residential unit.

(15) “Person” means any individual, firm, public or private corporation, association, partnership, political subdivision, municipality, or government agency.

(16) “Renovation” means altering a facility or a component in any way, except demolition.

(17) “Surfacing material” means material that is sprayed on, troweled on, or otherwise applied to surfaces including, but not limited to, acoustical plaster on ceilings, paints, fireproofing materials on structural members, or other materials on surfaces for decorative purposes.

(18) “Suspect asbestos-containing material” means material that has historically contained asbestos including, but not limited to, surfacing material, thermal system insulation, roofing material, fire barriers, gaskets, flooring material, and siding.

(19) “Thermal system insulation” means material applied to pipes, fittings, boilers, tanks, ducts, or other structural components to prevent heat loss or gain. [Ord. 96 § 12.01, 6-7-1997 (Res. 97-0118)].

8.25.620 Asbestos survey requirements.

(1) Requirements for Renovations. It shall be unlawful for any person to cause or allow a renovation unless the property owner or the owner’s agent determines whether there are suspect asbestos-containing materials by an AHERA building inspector. An AHERA building inspector is not required for asbestos surveys associated with the renovation of an owner-occupied, single-family residence.

(a) If there are no suspect materials in the work area, this determination shall either be posted at the work site or communicated in writing to all contractors involved in the renovation.

(b) It is not required that an AHERA building inspector evaluate any material presumed to be asbestos-containing material.

(c) Except for renovations of an owner-occupied, single-family residence, only an AHERA building inspector may determine that a suspect material does not contain asbestos.

(d) A summary of the results of the asbestos survey shall either be posted by the property owner or the owner’s agency at the work site or communicated in writing to all persons who may come into contact with the material.

(2) Requirements for Demolitions. It shall be unlawful for any person to cause or allow any demolition unless the property owner or the owner’s agent obtains an asbestos survey by an AHERA building inspector of the structure to be demolished.

(a) It is not required that an AHERA building inspector evaluate any material presumed to be asbestos-containing material.

(b) Only an AHERA building inspector may determine that a suspect material does not contain asbestos.

(c) A summary of the results of the asbestos survey shall either be posted by the property owner or the owner’s agent at the work site or communicated in writing to all persons who may come into contact with the material. [Ord. 96 § 12.02, 6-7-1997 (Res. 97-0118)].

8.25.630 Notification requirements.

(1) General Requirements. It shall be unlawful for any person to cause or allow any work on an asbestos project or demolition unless a complete notification has been submitted to the Control Officer on Department-approved forms, in accordance with the advance notification period requirements contained in subsection (4) of this section.

(a) Notification is not required for asbestos projects involving less than 10 linear feet or 48 square feet (per structure, per year) of any asbestos-containing material.

Notification is not required for removal of nonfriable asbestos-containing caulking or nonfriable asbestos-containing roofing material. All other asbestos project requirements remain in effect.

(b) Notification is required for all demolitions involving structures with a projected roof area greater than 120 square feet, even if no asbestos-containing material is present.

(c) The written notification shall be accompanied by the appropriate nonrefundable fee as set forth in subsection (4) of this section unless prior arrangements for payment have been made with the Department.

(d) A copy of the notification, all amendments to the notification, the asbestos survey, and any order of approval for an alternate means of compliance shall be available for inspection at all times at the asbestos project or demolition site.

(e) Notification for multiple asbestos projects or demolitions may be filed on one form if all the following criteria are met:

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

(ii) The structures are in a group or can be managed as a group;

(iii) The project specifications regarding location and amount of asbestos-containing material to be removed from each location, and the project work schedule, are provided in detail for each segment of the project; and

(iv) All asbestos projects or demolitions are under one contract.

(f) Annual Notification. A property owner may file one annual notification for asbestos projects to be conducted on one or more structures, vessels, or buildings during each calendar year if all of the following conditions are met:

(i) The annual notification shall be filed with the Department before commencing work on any asbestos project included in an annual notification;

(ii) The total amount of asbestos-containing material for all asbestos projects from each structure, vessel, or building in a calendar year under this section is less than 260 linear feet on pipes or less than 160 square feet on the components; and

(iii) The property owner submits quarterly written reports to the Control Officer on Department-approved forms within 15 days after the end of each calendar quarter.

(2) Amendments.

(a) Mandatory Amendments. An amendment shall be submitted to the Control Officer for the following changes in a notification and shall be accompanied by the appropriate nonrefundable fee as set forth in subsection (4) of this section unless prior arrangements for payment have been made with the Department:

(i) Increases in the job size category that increase the fee or change the advance notification period;

(ii) Changes in the type of asbestos-containing material that will be removed; or

(iii) Changes in the work schedule, including hours of work, unless the asbestos contractor or property owner participates in the Department work schedule fax program.

(b) Optional Amendments. An amendment may be submitted to the Control Officer for any other change in a notification and shall be accompanied by the appropriate nonrefundable fee as set forth in subsection (4) of this section unless prior arrangements for payment have been made with the Department.

(3) Emergencies. The Control Officer may waive the advance notification period, if the property owner demonstrates to the Control Officer that an asbestos project or demolition must be conducted immediately because of any of the following:

(a) There was a sudden, unexpected event that resulted in a public health or safety hazard;

(b) The project must proceed immediately to protect equipment, ensure continuous vital utilities, or minimize property damage;

(d) The project must proceed to avoid imposing an unreasonable burden.

(4) Fees and Notification Periods.

Project	Size/Type	Notification Period	Fee
Owner-occupied, single-family residence (asbestos project and/or demolition)	All	Prior notice	$25.00
All other demolitions with no asbestos project	All	10 days	$125.00
Asbestos project, includes demolition fees*	10 – 259 linear feet 48 – 159 square feet	3 days	$125.00
Asbestos project, includes demolition fees	260 – 999 linear feet 160 – 4,999 square feet	10 days	$250.00
Asbestos project, includes demolition fees	1,000 – 10,000 linear feet 5,000 – 50,000 square feet	10 days	$500.00
Asbestos project, includes demolition fees	10,000+ linear feet 50,000+ square feet	10 days	$1,000
Emergency equal to	Subsection (3) of this section	Prior notice	Additional fee
Amendment	Subsection (2) of this section	Prior notice	$25.00
Alternate means of compliance (demolitions or friable asbestos-containing materials)	TTC 8.25.660(1) or (3)	10-day Review day	Additional fee equal to project fee
Annual	Subsection (1)(f) of this section	Prior notice	$1,000

*Demolitions with asbestos projects involving less than 10 linear feet or less than 48 square feet may submit an asbestos project notification under this project category and will be eligible for the three-day notification period.

[Ord. 96 § 12.03, 6-7-1997 (Res. 97-0118)].

8.25.640 Asbestos removal requirements prior to renovation or demolition.

(1) Removal of Asbestos Prior to Renovation or Demolition. Except as provided in TTC 8.25.660(3), it shall be unlawful for any person to cause or allow any demolition or renovation that may disturb asbestos-containing material or damage a structure so as to preclude access to asbestos-containing material for future removal, without first removing all asbestos-containing material in accordance with the requirements of this regulation.

Asbestos-containing material need not be removed from a component if the component can be removed, stored, or transported for reuse without disturbing or damaging the asbestos.

(2) Exception for Hazardous Conditions. Asbestos-containing material need not be removed prior to a demolition, if the property owner demonstrates to the Control Officer that it is not accessible because of hazardous conditions such as: structures or buildings that are structurally unsound and in danger of imminent collapse, or other conditions that are immediately dangerous to life and health. The property owner must submit the written determination of the hazard by an authorized governmental official or a licensed structural engineer, and must submit the procedures that will be followed for controlling asbestos emission during the demolition or renovation and disposal of the asbestos-containing waste material. [Ord. 96 § 12.04, 6-7-1997 (Res. 97-0118)].

8.25.650 Procedures for asbestos projects.

(1) Training Requirements. It shall be unlawful for any person to cause or allow any work on an asbestos project unless it is performed by persons trained and certified in accordance with the standards established by the Washington State Department of Labor and Industries, the Federal Occupational Safety and Health Administration, or the United States Environmental Protection Agency (whichever agency has jurisdiction) and whose certification is current.

This certification requirement does not apply to asbestos projects conducted in an owner-occupied, single-family residence performed by the resident owner of the dwelling.

(2) Asbestos Removal Work Practices. Except as provided in TTC 8.25.660, it shall be unlawful for any person to cause or allow the removal of asbestos-containing material unless all the following requirements are met:

(a) The asbestos project shall be conducted in a controlled area, clearly marked by barriers and asbestos warning signs. Access to the controlled area shall be restricted to authorized personnel only.

(b) If a negative pressure enclosure is employed it shall be equipped with transparent viewing ports, if feasible, and shall be maintained in good working order.

(c) Absorbent materials, such as surfacing material and thermal system insulation, shall be saturated with a liquid wetting agent prior to removal. Wetting shall continue until all the material is permeated with the wetting agent. Any unsaturated surfaces exposed during removal shall be wetted immediately.

(d) Nonabsorbent materials, such as cement asbestos board or vinyl asbestos tile, shall be continuously coated with a liquid wetting agency on any exposed surface prior to and during removal. They shall be wetted after removal, as necessary, to assure they are wet when sealed in leak-tight containers. Any dry surfaces exposed during removal shall be wetted immediately.

(e) Metal components (such as valves, fire doors, and reactor vessels) that have internal asbestos-containing material do not require wetting of the asbestos-containing material if all access to the asbestos-containing material is welded shut or the component has mechanical seals, which cannot be removed by hand, that separate the asbestos-containing material from the environment.

(f) Except for surfacing materials being removed inside a negative pressure enclosure, asbestos-containing materials that are being removed, have been removed, or may have fallen off components during an asbestos project shall be carefully lowered to the ground or a lower floor, not dropped, thrown, slid, or otherwise damaged.

(g) All asbestos-containing waste materials shall be kept wet and shall be sealed in leak-tight containers (free of all asbestos residue) while still wet, as soon as possible after removal but no later than the end of each work shift.

(h) The exterior of each leak-tight container shall be free of all asbestos residue and shall be permanently labeled with an asbestos warning sign as specified by the Washington State Department of Labor and Industries or the Federal Occupational Safety and Health Administration.

(i) Immediately after sealing, each leak-tight container shall be permanently marked with the date the material was collected for disposal, the name of the waste generator, and the address at which the waste generated. This marking must be readable without opening the container.

(j) Leak-tight containers shall not be dropped, thrown, slid, or otherwise damaged.

(k) The asbestos-containing waste material shall be stored in a controlled area until transported to an approved waste disposal site.

(3) Method of Removal for Nonfriable Asbestos-Containing Roofing Material. The following asbestos removal method shall be employed for asbestos-containing roofing material that has been determined to be nonfriable by a competent person or an AHERA project designer:

(a) The nonfriable asbestos-containing roofing material shall be removed using methods such as spud bar and knife. Removal methods such as sawing or grinding shall not be employed;

(b) Dust control methods shall be used as necessary to assure no fugitive dust is generated from the removal of nonfriable asbestos-containing roofing material;

(d) After being lowered to the ground, the nonfriable asbestos-containing roofing material shall be immediately transferred to a disposal container; and

(e) Each disposal container shall have a sign identifying the material as nonfriable asbestos-containing roofing material. [Ord. 96 § 12.05, 6-7-1997 (Res. 97-0118)].

8.25.660 Alternate means of compliance.

(1) Friable Asbestos-Containing Material Removal Alternative. An alternate asbestos removal method may be employed for friable asbestos-containing material if an AHERA project designer (who is also qualified as a certified hazardous material manager, certified industrial hygienist, registered architect, or professional engineer) has evaluated the work area, the type of asbestos-containing material, the projected work practices, and the engineering controls, and demonstrates to the Control Officer that the planned control method will be equally as effective as the work practices contained in TTC 8.25.650(2) in controlling asbestos emissions. The property owner or the owner’s agent shall document through air monitoring at the exhaust from the controlled area that the asbestos fiber concentrations outside the controlled area do not exceed 0.01 fibers/cc, eight-hour average.

The Control Officer may require conditions in the order of approval that are reasonably necessary to assure the planned control method is as effective as wetting, and may revoke the order of approval for cause.

(2) Nonfriable Asbestos-Containing Material Removal Alternative. An alternate asbestos removal method may be employed for nonfriable asbestos-containing material if a competent person or AHERA project designer has evaluated the work area, the type of asbestos-containing material, the project work practices, and the engineering controls, and demonstrates to the Control Officer that the planned control method will be equally as effective as the work practices contained in TTC 8.25.650(2) in controlling asbestos emissions.

(3) Leaving Nonfriable Asbestos-Containing Material in Place During Demolition. Nonfriable asbestos-containing material may be left in place during a demolition, if an AHERA project designer (who is also qualified as a certified hazardous materials manager, certified industrial hygienist, registered architect, or professional engineer) has evaluated the work area, the type of asbestos-containing materials involved, the projected work practices, and the engineering controls, and demonstrates to the Control Officer that the asbestos-containing material will remain nonfriable during all demolition activities and the subsequent disposal of the debris.

The Control Officer may require conditions in the order of approval that are reasonably necessary to assure the asbestos-containing material remains nonfriable, and may revoke the order of approval for cause. [Ord. 96 § 12.06, 6-7-1997 (Res. 97-0118)].

8.25.670 Disposal of asbestos-containing waste material.

(1) Except as provided in subsection (3) of this section, it shall be unlawful for any person to cause or allow the disposal of asbestos-containing waste material unless it is deposited within 10 days of removal at a waste disposal site authorized to accept such waste.

(2) Waste Tracking Requirements. It shall be unlawful for any person to cause or allow the disposal of asbestos-containing waste material unless the following requirements are met:

(a) Maintain waste shipment records, beginning prior to transport, using a form that includes the following information:

(i) The name, address, and telephone number of the waste generator;

(ii) The approximate quantity in cubic meters or cubic yards;

(iii) The name and telephone number of the disposal site operator;

(iv) The name and physical site location of the disposal site;

(v) The date transported;

(vi) The name, address, and telephone number of the transporter; and

(vii) A certification that the contents of the consignment are fully and accurately described by proper shipping name and are classified, packed, marked, and labeled, and are in all respects in proper condition to transport by highway according to applicable international and governmental regulations.

(b) Provide a copy of the waste shipment record to the disposal site at the same time the asbestos-containing waste material is delivered.

(c) If a copy of the waste shipment record, signed by the owner or operator of the disposal site, is not received by the waste generator within 35 calendar days of the date the waste was accepted by the initial transporter, contact the transporter and/or the owner or operator of the disposal site to determine the status of the waste shipment.

(d) If a copy of the waste shipment record, signed by the owner or operator of the disposal site, is not received by the waste generator within 45 days of the date the waste was accepted by the initial transporter, report in writing to the Control Officer. Include in the report a copy of the waste shipment record and a cover letter signed by the waste generator explaining the efforts taken to locate the asbestos waste shipment and the results of those efforts.

(e) Retain a copy of all waste shipment records, including a copy of the waste shipment record signed by the owner or operator of the designated waste disposal site, for at least two years.

(3) Temporary Storage Site. A person may establish a facility for the purpose of collecting and temporarily storing asbestos-containing waste material if the facility is approved by the Control Officer and all the following conditions are met:

(a) Accumulated asbestos-containing waste material shall be kept in a controlled storage area posted with asbestos warning signs and accessible only to authorized persons;

(b) All asbestos-containing waste material shall be stored in leak-tight containers and the leak-tight containers shall be maintained in good condition;

(d) Storage, transportation, disposal, and return of the waste shipment record to the waste generator shall not exceed 90 days.

(4) Disposal of Asbestos Cement Pipe. Asbestos cement pipe used on public rights-of-way, public easements, or other places receiving the prior written approval of the Control Officer may be buried in place if the pipe is covered with at least three feet or more of nonasbestos fill material. All asbestos cement pipe fragments that are one linear foot or less and other asbestos-containing waste material shall be disposed of at a waste disposal site authorized to accept such waste. [Ord. 96 § 12.07, 6-7-1997 (Res. 97-0118)].