(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))
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))
(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;
(c) 
The applicant requests to bank emission reduction credits;
(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))
(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))
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))
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))
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))