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[COMMERCIAL REQUIREMENTS, cont.]

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What are the requirements if my business is a temporary source of air pollution in Benton County?

A "temporary" or "portable" source is a facility that:

  • will locate at various locations within Benton County for less than one year, or
  • will locate at a specific location for less than one year, or
  • are considered to be portable sources, such as a portable asphalt batch plant

All temporary sources of air pollution are required (by WA state law) to receive permission to operate by the BCAA, as specified in WAC 173-400-035.

The BCAA requires that temporary sources go through a process similar to the permanent facility process.

There are several steps to this process. First, a SEPA Checklist (PDF DOC) and a Determination of Non-Significance (DNS) are required before the BCAA can allow the facility to operate. This is a state requirement on the BCAA. Generally, other agencies, such as the county or cities, will have already issued a DNS for a project. If not, then the BCAA can issue a DNS ($100.00 processing fee). Usually if a DNS does not exist, the process will take a minimum of fourteen (14) days to issue the DNS. Facilities should plan for this potential delay.

Once the DNS is in place, the owner or operator of the facility next files a Notice of Intent to Install or Operate, or NIO, application to the BCAA, using forms downloadable from the previous page. The most common facility operations have forms specific to the operation; facilities that are not specifically listed can use the "General NIO" form. In addition to the form, other information, such as engineering drawings, process flow diagrams, modeling, or emission testing, may be required.

After the NIO application has been submitted and the application fee paid, the BCAA has 30 days to review the application and to issue an appropriate permit. If the application is not complete, the BCAA will deny the permit. Therefore, it is in the best interest of the source that the application is complete and accurate.

The final product is a permit, which will outline the specific requirements under federal, state, and local air quality regulations that will allow the source to operate in compliance with the law.

Sources that do not follow the NIO process are subject to enforcement action under Washington State law. If a facility has any questions about the process, a representative should contact the BCAA.

BCAA Regulation 1 has two sections of interest to sources. Article 9 outlines the engineering program and expectations from sources and Article 10 outlines appropriate fees.

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