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Appendix B: Strikeout SIP-Approved Rule 

Language

This document was prepared to assist in reviewing proposed SIP revisions and include indication 

of the changes made (such as redline, strikethrough, and highlighting.) Sections of the rule that 

have not changed since the last SIP approval are not included in this submittal. The revisions are 

noted as followed:

example Regular, black font indicates current SIP-approved language.

example, 

example

Red font indicates revisions to the SIP language.

example Red font highlighted turquoise indicates new provisions in the 

state rule that Ecology does not ask EPA to approve in the SIP.

example Black font with double strikethrough indicates text that was not 

approved in the SIP in the past. Ecology resubmits this language 

with revisions to EPA for inclusion in the SIP.

example Double strikethrough highlighted turquoise indicates this language 

was not included in the original SIP and Ecology does not propose 

to include it at this time.

example Double strikethrough in red font highlighted turquoise indicates 

that this language was not approved in the SIP before and is now 

removed from the state rule.

example Black font highlighted yellow indicates Ecology is proposing to 

remove this language from the SIP. 

[example] References to the statutory authority at the end of each revised or 

new section (in square brackets) are included for informational 

purposes. They are not a part of the rule language. 

Sources:

 SIP-approved rule language was copied from: 

http://yosemite.epa.gov/r10/airpage.nsf/283d45bd5bb068e68825650f0064cdc2/62a3ca25

cdefbdf088256a4d0000c015?OpenDocument

 Rule language from the state-adopted Chapter 173-400 WAC, as in effect on November

28, 2012, was copied from: http://apps.leg.wa.gov/wac/default.aspx?cite=173-400
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Contents

173-400-020 Applicability. ......................................................................................................... 4

173-400-030 Definitions. ............................................................................................................ 4

173-400-036 Relocation of portable sources. ........................................................................... 24

173-400-040 General standards for maximum emissions......................................................... 26

173-400-050 Emission standards for combustion and incineration units. ................................ 29

173-400-060 Emission standards for general process units...................................................... 42

173-400-070 Emission standards for certain source categories. ............................................... 42

173-400-081 Startup and shutdown. ......................................................................................... 48

173-400-091 Voluntary limits on emissions. ............................................................................ 48

173-400-100 Registration.......................................................................................................... 49

173-400-105 Records, monitoring, and reporting..................................................................... 51

173-400-110 New source review (NSR) for sources and portable sources. ............................. 56

173-400-111 Processing notice of construction applications for sources, stationary sources and 

portable sources......................................................................................................................... 64

173-400-112 Requirements for new sources in nonattainment areas. — Review for compliance 

with regulations......................................................................................................................... 68

173-400-113 Requirements for new sources in attainment or unclassifiable areas. New sources 

in attainment or unclassifiable areas — Review for compliance with regulations. .................. 71

173-400-116 Increment protection............................................................................................ 73

173-400-117 Special protection requirements for federal Class I areas. .................................. 74

173-400-118 Designation of Class I, II, and III areas............................................................... 77

173-400-131 Issuance of emission reduction credits. ............................................................... 80

173-400-136 Use of emission reduction credits (ERC). ........................................................... 82

173-400-151 Retrofit requirements for visibility protection..................................................... 83

173-400-171 Public Involvement Public notice and opportunity for public comment............. 86

173-400-175 Public information. .............................................................................................. 92

173-400-200 Creditable stack height and dispersion techniques. ............................................. 93

173-400-560 General order of approval.................................................................................... 95

173-400-700 Review of major stationary sources of air pollution............................................ 98

173-400-710 Definitions. .......................................................................................................... 99

173-400-720 Prevention of significant deterioration (PSD). .................................................... 99
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173-400-730 Prevention of significant deterioration application processing procedures....... 104

173-400-740 PSD permitting public involvement requirements. ........................................... 108

173-400-750 Revisions to PSD permits.................................................................................. 112

173-400-800 Major stationary source and major modification in a nonattainment area. ....... 113

173-400-810 Major stationary source and major modification definitions............................. 113

173-400-820 Determining if a new stationary source or modification to a stationary source is 

subject to these requirements. ................................................................................................. 130

173-400-830 Permitting requirements. ................................................................................... 133

173-400-840 Emission offset requirements. ........................................................................... 135

173-400-850 Actual emissions plantwide applicability limitation (PAL). ............................. 138

173-400-860 Public involvement procedures. ........................................................................ 139
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173-400-020 Applicability.

(1) The provisions of this chapter shall apply state-wide statewide, except for specific 

subsections where a local authority has adopted and implemented corresponding local rules that 

apply only to sources subject to local jurisdiction as provided under RCW 70.94.141 and 

70.94.331.

 (2) An authority may enforce this chapter and may also adopt standards or requirements. These 

standards or requirements may not be less stringent than the current state air quality rules and 

may be more stringent than the current regulations. Unless properly delegated by ecology, 

authorities do not have jurisdiction over the following sources:

 (a) Specific source categories over which the state, by separate regulation, has assumed or 

hereafter does assume jurisdiction.

 (b) Automobiles, trucks, aircraft.

 (c) Those sources under the jurisdiction of the energy facility site evaluation council.

State adopted: 3/22/91; EPA effective: 9/10/93

[Statutory Authority: Chapter 70.94 RCW. 12-24-027 (Order 11-10), § 173-400-020, filed 

11/28/12, effective 12/29/12; 91-05-064 (Order 90-06), § 173-400-020, filed 2/19/91, effective 

3/22/91. Statutory Authority: Chapters 43.21A and 70.94 RCW. 83-09-036 (Order DE 83-13), § 

173-400-020, filed 4/15/83. Statutory Authority: RCW 70.94.331. 80-11-059 (Order DE 80-14), 

§ 173-400-020, filed 8/20/80. Statutory Authority: RCW 43.21A.080 and 70.94.331. 79-06-012 

(Order DE 78-21), § 173-400-020, filed 5/8/79; Order DE 76-38, § 173-400-020, filed 12/21/76. 

Formerly WAC 18-04-020.]

173-400-030 Definitions.

The definitions in this section apply statewide except where a permitting authority has redefined 

a specific term. Except as provided elsewhere in this chapter, the following definitions in this 

section apply throughout the chapter:

 (1) "Actual emissions" means the actual rate of emissions of a pollutant from an emission 

unit, as determined in accordance with (a) through (c) of this subsection.

 (a) In general, actual emissions as of a particular date shall equal the average rate, in tons per 

year, at which the emissions unit actually emitted the pollutant during a two-year period which 

precedes the particular date and which is representative of normal source operation. Ecology or 

an authority shall allow the use of a different time period upon a determination that it is more 

representative of normal source operation. Actual emissions shall be calculated using the 
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emissions unit's actual operating hours, production rates, and types of materials processed, 

stored, or combusted during the selected time period.

 (b) Ecology or an authority may presume that source-specific allowable emissions for the unit 

are equivalent to the actual emissions of the emissions unit.

 (c) For any emissions unit which has not begun normal operations on the particular date, 

actual emissions shall equal the potential to emit of the emissions unit on that date.

(2) "Adverse impact on visibility" means visibility impairment which interferes with the 

management, protection, preservation, or enjoyment of the visitor's visual experience of the 

Federal Class I area. This determination must be made on a case-by-case basis taking into 

account the geographic extent, intensity, duration, frequency, and time of visibility impairment, 

and how these factors correlate with (a) times of visitor use of the Federal Class I area, and (b) 

the frequency and timing of natural conditions that reduce visibility. This term does not include 

effects on integral vistas.

 (2) "Adverse impact on visibility" is defined in WAC 173-400-117.

 (3) "Air contaminant" means dust, fumes, mist, smoke, other particulate matter, vapor, gas, 

odorous substance, or any combination thereof. "Air pollutant" means the same as "air 

contaminant."

 (4) "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. For the purposes of this chapter, air pollution shall not 

include air contaminants emitted in compliance with chapter 17.21 RCW, the Washington 

Pesticide Application Act, which regulates the application and control of the use of various 

pesticides.

 (5) "Allowable emissions" means the emission rate of a stationary source calculated using the 

maximum rated capacity of the stationary source (unless the stationary source is subject to 

federally enforceable limits which restrict the operating rate, or hours of operation, or both) and 

the most stringent of the following:

 (a) The applicable standards as set forth in 40 CFRC.F.R. Part 60, 61, 62, or 6163;

 (b) Any applicable state implementation planSIP emissions limitation including those with a 

future compliance date; or

 (c) The emissions rate specified as a federally enforceable permitapproval condition, 

including those with a future compliance date.

 (6) "Ambient air" means the surrounding outside air.
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(7) "Ambient air quality standard" means an established concentration, exposure time, and 

frequency of occurrence of air contaminant(s) in the ambient air which shall not be exceeded.

(8 (8) "Approval order" is defined in "order of approval."

 (9) "Attainment area" means a geographic area designated by EPA at 40 C.F.R. Part 81 as 

having attained the National Ambient Air Quality Standard for a given criteria pollutant.

 (10) "Authority" means any air pollution control agency whose jurisdictional boundaries are 

coextensive with the boundaries of one or more counties.

(9 (11) "Begin actual construction" means, in general, initiation of physical on-site 

construction activities on an emission unit that are of a permanent nature. Such activities include, 

but are not limited to, installation of building supports and foundations, laying underground pipe 

work and construction of permanent storage structures. With respect to a change in method of 

operations, this term refers to those on-site activities other than preparatory activities which mark 

the initiation of the change.

 (12) "Best available control technology (BACT)" means an emission limitation based on the 

maximum degree of reduction for each air pollutant subject to regulation under chapter 70.94 

RCW emitted from or which results from any new or modified stationary source, which the 

permitting authority, on a case-by-case basis, taking into account energy, environmental, and 

economic impacts and other costs, determines is achievable for such source or modification 

through application of production processes and available methods, systems, and techniques, 

including fuel cleaning, clean fuels, or treatment or innovative fuel combustion techniques for 

control of each such pollutant. In no event shall application of the "best available control 

technology" result in emissions of any pollutants which will exceed the emissions allowed by 

any applicable standard under 40 CFRC.F.R. Part 60 and Part 61, as they exist on May 7, 1993, 

or their later enactments as adopted by reference by the director by rule. Emissions from any 

source utilizing clean fuels, or any other means, to comply with this paragraph shall not be 

allowed to increase above levels that would have been required under the definition of BACT in 

the Federal Clean Air Act as it existed prior to enactment of the Clean Air Act Amendments of 

1990.

(10 (13) "Best available retrofit technology (BART)" means an emission limitation based on 

the degree of reduction achievable through the application of the best system of continuous 

emission reduction for each pollutant which is emitted by an existing stationary facility. The 

emission limitation must be established, on a case-by-case basis, taking into consideration the 

technology available, the costs of compliance, the energy and nonair quality environmental 

impacts of compliance, any pollution control equipment in use or in existence at the source, the 

remaining useful life of the source, and the degree of improvement in visibility which may 

reasonably be anticipated to result from the use of such technology.
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(11 (14) "Brake horsepower (BHP)" means the measure of an engine's horsepower without the 

loss in power caused by the gearbox, alternator, differential, water pump, and other auxiliary 

components.

 (15) "Bubble" means a set of emission limits which allows an increase in emissions from a 

given emissions unit(s) in exchange for a decrease in emissions from another emissions unit(s),,

pursuant to RCW 70.94.155 and WAC 173-400-120.

(12 (16) "Capacity factor" means the ratio of the average load on equipment or a machine for 

the period of time considered, to the manufacturer's capacity rating of the machine or equipment.

(13 (17) "Class I area" means any area designated pursuant to §§under section 162 or 164 of 

the Federal Clean Air Act as a Class I area. The following areas are the Class I areas in 

Washington state:

 (a) Alpine Lakes Wilderness; 

 (b) Glacier Peak Wilderness; 

 (c) Goat Rocks Wilderness; 

 (d) Mount Adams Wilderness; 

 (e) Mount Rainier National Park; 

 (f) North Cascades National Park; 

 (g) Olympic National Park; 

 (h) Pasayten Wilderness; and

 (i) Spokane Indian Reservation. 

(14 (18) "Combustion and incineration sourcesunits" means units using combustion for waste 

disposal, steam production, chemical recovery or other process requirements; but excludes 

openoutdoor burning.

(15) "Commenced (19)(a) "Commence" as applied to construction",.means that the owner or 

operator has all the necessary preconstruction approvals or permits and either has:

(a (i) Begun, or caused to begin, a continuous program of actual on-site construction of the 

source, to be completed within a reasonable time; or

(b
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 (ii) Entered into binding agreements or contractual obligations, which cannot be 

cancelledcanceled or modified without substantial loss to the owner or operator, to undertake a 

program of actual construction of the source to be completed within a reasonable time.

(16

 (b) For the purposes of this definition, "necessary preconstruction approvals" means those 

permits or orders of approval required under federal air quality control laws and regulations, 

including state, local and federal regulations and orders contained in the SIP.

 (20) "Concealment" means any action taken to reduce the observed or measured 

concentrations of a pollutant in a gaseous effluent while, in fact, not reducing the total amount of 

pollutant discharged.

(17 (21) "Criteria pollutant" means a pollutant for which there is established a National 

Ambient Air Quality Standard at 40 C.F.R. Part 50. The criteria pollutants are carbon monoxide 

(CO), particulate matter, ozone (O3) sulfur dioxide (SO2), lead (Pb), and nitrogen dioxide 

(NO2).

 (22) "Director" means director of the Washington state department of ecology or duly 

authorized representative.

(18 (23) "Dispersion technique" means a method whichthat attempts to affect the 

concentration of a pollutant in the ambient air other than by the use of pollution abatement 

equipment or integral process pollution controls.

(19 (24) "Ecology" means the Washington state department of ecology.

(20 (25) "Emission" means a release of air contaminants into the ambient air.

(21 (26) "Emission reduction credit (ERC)" means a credit granted pursuant to WAC 173-400-

131. This is a voluntary reduction in emissions.

(22 (27) "Emission standard" and "emission limitation" means a requirement established under 

the FCAAFederal Clean Air Act or chapter 70.94 RCW which 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 promulgatedadopted under the 

FCAAFederal Clean Air Act or chapter 70.94 RCW.

(23 (28) "Emission threshold" means an emission of a listed air contaminant at or above the 

following rates:

Air Contaminant Annual Emission Rate 
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Carbon monoxide: 100 tons per year

Nitrogen oxides: 40 tons per year

Sulfur dioxide: 40 tons per year

Particulate matter (PM): 25 tons per year of PM emissions 

15 tons per year of PM-10 emissions

10 tons per year of PM-2.5 

Volatile organic compounds: 40 tons per year

Fluorides: 3 tons per year 

Lead: 0.6 tons per year

Sulfuric acid mist: 7 tons per year 

Hydrogen sulfide (H2S): 10 tons per year 

Total reduced sulfur (including H2S): 10 tons per year 

Reduced sulfur compounds (including H2S): 10 tons per year 

 (29) "Emissions unit" or "emission unit" means any part of a stationary source or source 

which emits or would have the potential to emit any pollutant subject to regulation under the 

FCAAFederal Clean Air Act, chapter 70.94 or 70.98 RCW.

(24 (30) "Excess emissions" means emissions of an air pollutant in excess of any applicable 

emission standard.

(25 (31) "Excess stack height" means that portion of a stack which exceeds the greater of 

sixty-five meters or the calculated stack height described in WAC 173-400-200(2).

(26) "Existing stationary facility" means a stationary source of air pollutants which has the 

potential to emit two hundred fifty tons per year or more of any air pollutant. In determining 

potential to emit, fugitive emissions, to the extent quantifiable, must be counted. For purposes of 

determining whether a stationary source is an existing stationary facility the term "building, 

structure, facility, or installation" means all of the pollutant-emitting activities which belong to 

the same industrial grouping, are located on one or more contiguous or adjacent properties, and 

are under the control of the same person (or persons under common control). Pollutant-emitting 

activities shall be considered as part of the same major group (i.e., which have the same two digit 

code) as described in the Standard Industrial Classification Manual, 1972, as amended by the 

1977 Supplement.

(27 (32) "Existing stationary facility (facility)" is defined in WAC 173-400-151.

 (33) "Federal Clean Air Act (FCAA)" means the Federal Clean Air Act, also known as Public 

Law 88-206, 77 Stat. 392, December 17, 1963, 42 U.S.C. 7401 et seq., as last amended by the 

Clean Air Act Amendments of 1990, P.L. 101-549, November 15, 1990.

(28 (34) "Federal Class I area" means any federal land that is classified or reclassified Class I. 

The following areas are federal Class I areas in Washington state:
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 (a) Alpine Lakes Wilderness;

 (b) Glacier Peak Wilderness;

 (c) Goat Rocks Wilderness;

 (d) Mount Adams Wilderness;

 (e) Mount Rainier National Park;

 (f) North Cascades National Park;

 (g) Olympic National Park; and

 (h) Pasayten Wilderness.

 (35) "Federal land manager" means, with respect to any lands in the United States, the 

Secretary the secretary of the department with authority over suchfederal lands in the United 

States.

(29 (36) "Federally enforceable" means all limitations and conditions which are enforceable 

by EPA, including those requirements developed under 40 C.F.R. Parts 60, 61, 62 and 63, 

requirements established within the Washington SIP, requirements within any approval or order 

established under 40 C.F.R. 52.21 or under a SIP approved new source review regulation, and 

emissions limitation orders issued under WAC 173-400-091.

 (37) "Fossil fuel-fired steam generator" means a device, furnace, or boiler used in the process 

of burning fossil fuel for the primary purpose of producing steam by heat transfer.

(30 (38) "Fugitive dust" means a particulate emission made airborne by forces of wind, man's 

activity, or both. Unpaved roads, construction sites, and tilled land are examples of areas that 

originate fugitive dust. Fugitive dust is a type of fugitive emission.

(31 (39) "Fugitive emissions" means emissions which do not pass and whichthat could not 

reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.

(32 (40) "General process unit" means an emissions unit using a procedure or a combination 

of procedures for the purpose of causing a change in material by either chemical or physical 

means, excluding combustion.

(33 (41) "Good engineering practice (GEP)" refers to a calculated stack height based on the 

equation specified in WAC 173-400-200 (2)(a)(ii).

(34 (42) "Greenhouse gases (GHGs)" includes carbon dioxide, methane, nitrous oxide, 

hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.
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 (43) "Incinerator" means a furnace used primarily for the thermal destruction of waste.

(35 (44) "In operation" means engaged in activity related to the primary design function of the 

source.

(36) "Integral vista" means a view perceived from within a mandatory Class I federal area of a 

specific landmark or panorama located outside the boundary of the mandatory Class I federal 

area.

(37) "Lowest achievable emission rate (LAER)" means for any source that rate of emissions 

which reflects the more stringent of:

(a) The most stringent emission limitation which is contained in the implementation plan of any 

state for such class or category of source, unless the owner or operator of the proposed new or 

modified source demonstrates that such limitations are not achievable; or

(b) The most stringent emission limitation which is achieved in practice by such class or 

category of source.

In no event shall the application of this term permit a proposed new or modified source to emit 

any pollutant in excess of the amount allowable under applicable new source performance 

standards.

(38 (45) "Mandatory Class I federal area" means any area defined in Section 162(a) of the 

FCAAFederal Clean Air Act. The following areas are the mandatory Class I federal areas in 

Washington state are as follows:

 (a) Alpine Lakes Wilderness; 

 (b) Glacier Peak Wilderness; 

 (c) Goat Rocks Wilderness; 

 (d) Mount Adams Wilderness; 

 (e) Mount Rainier National Park; 

 (f) North Cascades National Park; 

 (g) Olympic National Park; and

 (h) Pasayten Wilderness; 

(39) "Major modification" means any physical change in or change in the method of operation of 

a major stationary source that would result in a significant net emissions increase of any 

pollutant subject to regulation under the FCAA. Any net emissions increase that is considered 
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significant for volatile organic compounds or nitrogen oxides shall be considered significant for 

ozone. A physical change or change in the method of operation shall not include:

(a) Routine maintenance, repair, and replacement;

(b) Use of an alternative fuel or raw material by reason of an order under Sections 2(a) and (b) of 

the Energy Supply and Environmental Supply Coordination Act of 1974 (or any superseding 

legislation) or by reason of a natural gas curtailment plan pursuant to the Federal Power Act;

(c) Use of an alternative fuel by reason of an order or rule under section 125 of the FCAA, 42 

U.S.C. 7425;

(d) Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated 

from municipal solid waste;

(e) Use of an alternative fuel or raw material by a stationary source which:

(i) The stationary source was capable of accommodating before December 21, 1976, unless such 

change would be prohibited under any federally enforceable permit condition which was 

established after December 12, 1976, in a prevention of significant deterioration permit or notice 

of construction approval; or

(ii) The stationary source is approved to use under any federally-enforceable notice of 

construction approval or a PSD permit issued by the environmental protection agency;

(f) An increase in the hours of operation or in the production rate, unless such change is 

prohibited under any federally enforceable permit condition which was established after 

December 21, 1976, in a prevention of significant deterioration permit or a notice of construction 

approval;

(g) Any change in ownership at a stationary source.

(40) "Major stationary source" means:

(a) Any stationary source which:

(i) Emits or has the potential to emit one hundred tons per year or more of any air contaminant 

regulated by the state or Federal Clean Air Acts; or

(ii) Is located in a "marginal" or "moderate" ozone nonattainment area and which emits or has 

the potential to emit one hundred tons per year or more of volatile organic compounds or oxides 

of nitrogen.

(b) Any stationary source (or group of stationary sources) which:
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(i) Is located in a "serious" carbon monoxide nonattainment area where stationary sources 

contribute significantly to carbon monoxide levels and which emits or has the potential to emit 

fifty tons per year or more of carbon monoxide; or

(ii) Is located in a "serious" particulate matter (PM10) nonattainment area and which emits or has 

the potential to emit seventy tons per year or more of PM10 emissions.

(c) Any physical change that would occur at a stationary source not qualifying under (a) or (b) of 

this subsection as a major stationary source, if the change would constitute a major stationary 

source by itself;

(d) A major stationary source that is major for VOCs or NOx shall be considered major for 

ozone;

(e) The fugitive emissions of a stationary source shall not be included in determining whether it 

is a major stationary source, unless the stationary source belongs to one of the following 

categories of stationary sources or the source is a major stationary source due to (b) of this 

subsection:

(i) Coal cleaning plants (with thermal dryers);

(ii) Kraft pulp mills;

(iii) Portland cements plants;

(iv) Primary zinc smelters;

(v) Iron and steel mills;

(vi) Primary aluminum ore reduction plants;

(vii) Primary copper smelters;

(viii) Municipal incinerators capable of charging more than two hundred fifty tons of refuse per 

day;

(ix) Hydrofluoric, sulfuric, or nitric acid plants;

(x) Petroleum refineries;

(xi) Lime plants;

(xii) Phosphate rock processing plants;

(xiii) Coke oven batteries;

(xiv) Sulfur recovery plants;
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(xv) Carbon black plants (furnace process);

(xvi) Primary lead smelters;

(xvii) Fuel conversion plants;

(xviii) Sintering plants;

(xix) Secondary metal production plants;

(xx) Chemical process plants;

(xxi) Fossil-fuel boilers (or combination thereof) totaling more than two hundred fifty million 

British thermal units per hour heat input;

(xxii) Petroleum storage and transfer units with a total storage capacity exceeding three hundred 

thousand barrels;

(xxiii) Taconite ore processing plants;

(xxiv) Glass fiber processing plants;

(xxv) Charcoal production plants;

(xxvi) Fossil fuel-fired steam electric plants of more than two hundred fifty million British 

thermal units per hour heat input; and

(xxvii) Any other stationary source category which, as of August 7, 1980, was being regulated 

under sections 111 or 112 of the Federal Clean Air Act.

(f) For purposes of determining whether a stationary source is a major stationary source, the term 

"building, structure, facility, or installation" means all the pollutant-emitting activities which 

belong to the same industrial grouping, are located on one or more contiguous or adjacent 

properties, and are under the control of the same person (or persons under common control). 

Pollutant-emitting activities shall be considered as part of the same industrial grouping if they 

belong to the same major group (i.e., which have the same two digit code) as described in the 

Standard Industrial Classification Manual, 1972, as amended by the 1977 Supplement.

(41 (46) "Masking" means the mixing of a chemically nonreactive control agent with a 

malodorous gaseous effluent to change the perceived odor.

(42 (47) "Materials handling" means the handling, transporting, loading, unloading, storage, 

and transfer of materials with no significant chemical or physical alteration.

(43 (48) "Modification" means any physical change in, or change in the method of operation 

of, a stationary source that increases the amount of any air contaminant emitted by such source 
15

or that results in the emissions of any air contaminant not previously emitted. The term 

modification shall be construed consistent with the definitionsdefinition of modification in 

Section 7411, Title 42, United States Code, and with rules implementing that section.

(44 (49) "National Ambient Air Quality Standard (NAAQS)" means an ambient air quality 

standard set by EPA at 40 C.F.R. Part 50 and includes standards for carbon monoxide (CO), 

particulate matter, ozone (O3), sulfur dioxide (SO2), lead (Pb), and nitrogen dioxide (NO2).

 (50) "National Emission Standards for Hazardous Air Pollutants (NESHAPS)" means the 

federal regulations set forthrules in 40 CFRC.F.R. Part 61.

(45 (51) "National Emission Standards for Hazardous Air Pollutants for Source Categories" 

means the federal rules in 40 C.F.R. Part 63.

 (52) "Natural conditions" means naturally occurring phenomena that reduce visibility as 

measured in terms of light extinction, visual range, contrast, or coloration.

(46) "Net emissions increase" means:

(a) The amount by which the sum of the following exceeds zero:

(i) Any increase in actual emissions from a particular change or change in method of operation at 

a source; and

(ii) Any other increases and decreases in actual emissions at the source that are contemporaneous 

with the particular change and are otherwise creditable.

(b) An increase or decrease in actual emissions is contemporaneous with the increase from the 

particular change only if it occurs between the date ten years before construction on the 

particular change commences and the date that the increase from the particular change occurs.

(c) An increase or decrease in actual emissions is creditable only if:

(i) It occurred no more than one year prior to the date of submittal of a complete notice of 

construction application for the particular change, or it has been documented by an emission 

reduction credit, in which case the credit shall expire ten years after the date of original issue of 

the ERC. Any emissions increases occurring between the date of issuance of the ERC and the 

date when a particular change becomes operational shall be counted against the ERC.

(ii) Ecology or the authority has not relied on it in issuing any permit or order of approval for the 

source under regulations approved pursuant to 40 CFR 51 Subpart I or the EPA has not relied on 

it in issuing a PSD permit pursuant to 40 CFR 52.21, which order or permit is in effect when the 

increase in actual emissions from the particular change occurs.
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(d) An increase in actual emissions is creditable only to the extent that the new level of actual 

emissions exceeds the old level.

(e) A decrease in actual emissions is creditable only to the extent that:

(i) The old level of actual emissions or the old level of allowable emissions, whichever is lower, 

exceeds the new level of actual emissions;

(ii) It is federally enforceable at and after the time that actual construction on the particular 

change begins;

(iii) It has approximately the same qualitative significance for public health and welfare as that 

attributed to the increase from the particular change; and

(iv) Ecology or the authority has not relied on it in issuing any permit or order of approval under 

regulations approved pursuant to 40 CFR 51 Subpart I, the EPA has not relied on it in issuing a 

PSD permit pursuant to 40 CFR 52.21, or ecology or the authority has not relied on it in 

demonstrating attainment or reasonable further progress.

(f) An increase that results from a physical change at a source occurs when the emission unit on 

which construction occurred becomes operational and begins to emit a particular pollutant. Any 

replacement unit that requires shakedown becomes operational only after a reasonable 

shakedown period, not to exceed one hundred eighty days.

(47 (53) "New source" means:

 (a) The construction or modification of a stationary source that increases the amount of any 

air contaminant emitted by such source or that results in the emission of any air contaminant not 

previously emitted; and

 (b) Any other project that constitutes a new source under the Federal Clean Air Act.

(48) “

 (54) "New source performance standards Source Performance Standards (NSPS)" means the 

federal regulations set forthrules in 40 CFRC.F.R. Part 60.

(49 (55) "Nonattainment area" means a clearly delineated geographic area which has been

designated by EPA promulgationat 40 C.F.R. Part 81 as exceeding a national ambient air quality 

standard or standardsNational Ambient Air Quality Standard (NAAQS) for one or more of the a 

given criteria pollutant. An area is nonattainment only for the pollutants for which the area has 

been designated nonattainment.

(50 (56) "Nonroad engine" means:
17

 (a) Except as discussed in (b) of this subsection, a nonroad engine is any internal combustion 

engine:

 (i) In or on a piece of equipment that is self-propelled or serves a dual purpose by both 

propelling itself and performing another function (such as garden tractors, off-highway mobile 

cranes and bulldozers); or

 (ii) In or on a piece of equipment that is intended to be propelled while performing its 

function (such as lawnmowers and string trimmers); or

 (iii) That, by itself or in or on a piece of equipment, is portable or transportable, meaning 

designed to be and capable of being carried or moved from one location to another. Indicia of 

transportability include, but are not limited to, wheels, skids, carrying handles, dolly, trailer, or 

platform.

 (b) An internal combustion engine is not a nonroad engine if:

 (i) The engine is used to propel a motor vehicle or a vehicle used solely for competition, or is 

subject to standards promulgated under section 202 of the Federal Clean Air Act; or

 (ii) The engine is regulated by a New Source Performance Standard promulgated under 

section 111 of the Federal Clean Air Act; or

 (iii) The engine otherwise included in (a)(iii) of this subsection remains or will remain at a 

location for more than twelve consecutive months or a shorter period of time for an engine 

located at a seasonal source. A location is any single site at a building, structure, facility, or 

installation. Any engine (or engines) that replaces an engine at a location and that is intended to 

perform the same or similar function as the engine replaced will be included in calculating the 

consecutive time period. An engine located at a seasonal source is an engine that remains at a 

seasonal source during the full annual operating period of the seasonal source. A seasonal source 

is a stationary source that remains in a single location on a permanent basis (i.e., at least two 

years) and that operates at that single location approximately three months (or more) each year. 

This paragraph does not apply to an engine after the engine is removed from the location.

 (57) "Notice of construction application" means a written application to permitallow

construction of a new source, modification of an existing stationary source or replacement or 

substantial alteration of control technology at an existing stationary source.

(51 (58) "Opacity" means the degree to which an object seen through a plume is obscured, 

stated as a percentage.

(52) "Open (59) "Outdoor burning" means the combustion of material in an open fire or in an 

outdoor container, without providing for the control of combustion or the control of the 
18

emissions from the combustion. Wood waste disposal in wigwam burners or silo burners is not 

considered openoutdoor burning.

(53 (60) "Order" means any order issued by ecology or a local air authority pursuant to chapter 

70.94 RCW, including, but not limited to RCW 70.94.332, 70.94.152, 70.94.153, 70.94.154, and 

70.94.141(3), and includes, where used in the generic sense, the terms order, corrective action 

order, order of approval, and regulatory order.

(54 (61) "Order of approval" or "approval order" means a regulatory order issued by ecology 

or thea permitting authority to approve the notice of construction application for a proposed new 

source or modification, or the replacement or substantial alteration of control technology at an 

existing stationary source.

(55 (62) "Ozone depleting substance" means any substance listed in Appendices A and B to 

Subpart A of 40 C.F.R. Part 82.

 (63) "Particulate matter" or "particulates" means any airborne finely divided solid or liquid 

material with an aerodynamic diameter smaller than 100 micrometers.

(56 (64) "Particulate matter emissions" means all finely divided solid or liquid material, other 

than uncombined water, emitted to the ambient air as measured by applicable reference methods, 

or an equivalent or alternative method specified in Title 40. CFR Part 60, chapter I of the Code 

of Federal Regulations or by a test method specified in the Washington state implementation 

planSIP.

(57 (65) "Parts per million (ppm)" means parts of a contaminant per million parts of gas, by 

volume, exclusive of water or particulates.

(58 (66) "Permitting authority" means ecology or the local air pollution control authority with 

jurisdiction over the source.

 (67) "Person" means an individual, firm, public or private corporation, association, 

partnership, political subdivision, municipality, or government agency.

(59 (68) "PM-10" means particulate matter with an aerodynamic diameter less than or equal to 

a nominal 10 micrometers as measured by a reference method based on 40 CFRC.F.R. Part 50 

Appendix J and designated in accordance with 40 CFRC.F.R. Part 53 or by an equivalent method 

designated in accordance with 40 CFRC.F.R. Part 53.

(60 (69) "PM-10 emissions" means finely divided solid or liquid material, including 

condensiblecondensable particulate matter, with an aerodynamic diameter less than or equal to a 

nominal 10 micrometers emitted to the ambient air as measured by an applicable reference 

method, or an equivalent or alternate method, specified in Appendix M of 40 CFRC.F.R. Part 51 

or by a test method specified in the Washington state implementation planSIP.
19

(61 (70) "PM-2.5" means particulate matter with an aerodynamic diameter less than or equal 

to a nominal 2.5 micrometers as measured by a reference method based on 40 C.F.R. Part 50 

Appendix L and designated in accordance with 40 C.F.R. Part 53 or by an equivalent method 

designated in accordance with 40 C.F.R. Part 53.

 (71) "PM-2.5 emissions" means finely divided solid or liquid material, including condensable 

particulate matter, with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers 

emitted to the ambient air as measured by an applicable reference method, or an equivalent or 

alternate method, specified in 40 C.F.R. Part 51 or by a test method specified in the SIP.

 (72) "Portable source" means a type of stationary source which emits air contaminants only 

while at a fixed location but which is capable of being transported to various locations. Examples 

include a portable asphalt plant or a portable package boiler.

 (73) "Potential to emit" means the maximum capacity of a stationary source to emit a 

pollutant under its physical and operational design. Any physical or operational limitation on the 

capacity of the source to emit a pollutant, including air pollution control equipment and 

restrictions on hours of operation or on the type or amount of material combusted, stored, or 

processed, shall be treated as part of its design only if the limitation or the effect it would have 

on emissions is federally enforceable. Secondary emissions do not count in determining the 

potential to emit of a stationary source.

(62 (74) "Prevention of significant deterioration (PSD)" means the program set forth in WAC 

173-400-141700 to 173-400-750.

(63 (75) "Projected width" means that dimension of a structure determined from the frontal 

area of the structure, projected onto a plane perpendicular to a line between the center of the 

stack and the center of the building.

(64 (76) "Reasonably attributable" means attributable by visual observation or any other 

technique the state deems appropriate.

(65 (77) "Reasonably available control technology (RACT)" means the lowest emission limit 

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. 

RACT is determined on a case-by-case basis for an individual source or source category taking 

into account the impact of the source upon air quality, the availability of additional controls, the 

emission reduction to be achieved by additional controls, the impact of additional controls on air 

quality, and the capital and operating costs of the additional controls. RACT requirements for 

any source or source category shall be adopted only after notice and opportunity for comment are 

afforded.
20

(66 (78) "Regulatory order" means an order issued by ecology or an authority to an air 

contaminant source which applies to that source, any applicable provision of chapter 70.94 

RCW, or the rules adopted thereunder, or, for sources regulated by a local air authority, the 

regulations of that authority. a permitting authority that requires compliance with:

 (a) Any applicable provision of chapter 70.94 RCW or rules adopted there under; or, 

 (b) Local air authority regulations adopted by the local air authority with jurisdiction over the 

sources to whom the order is issued.

(67) "Significant" means, in reference to a net emissions increase or the potential of a source to 

emit any of the following pollutants, a rate of emission equal to or greater than any one of the 

following rates:

Pollutant Tons/Year 

Carbon monoxide 100 

Nitrogen oxides 40 ;

Sulfur dioxide 40 

Particulate matter (PM) 25 

Fine particulate matter (PM10) 15 

Volatile organic compounds (VOC) 40 

Lead 0.6 

Fluorides 3 

Sulfuric acid mist 7 

Hydrogen sulfide (H2S) .10 

Total reduced sulfur (including H2S ) 10 

Municipal waste combustor organics. 0.0000035

(measured as total tetra-through octachlorinated dibenzo-p-dioxins and dibenzofurans 

Municipal waste combustor metals (measured

as PM) 15 
21

Municipal waste combustor acid gases (measured

as SO2 and hydrogen chloride) 40 

(68) "Significant visibility impairment" means visibility impairment which interferes with the 

management, protection, preservation, or enjoyment of visitor visual experience of the Class I 

area. The determination must be made on a case-by-case basis, taking into account the 

geographic extent, intensity, duration, frequency, and time of the visibility impairment, and how 

these factors correlate with the time of visitor use of the Class I area and frequency and timing of 

natural conditions that reduce visibility.

(69 (79) "Secondary emissions" means emissions which would occur as a result of the 

construction or operation of a major stationary source or major modification, but do not come 

from the major stationary source or major modification itself. Secondary emissions must be 

specific, well defined, quantifiable, and impact the same general area as the major stationary 

source or major modification which causes the secondary emissions. Secondary emissions 

include emissions from any offsite support facility which would not be constructed or increase its 

emissions except as a result of the construction or operation of the major stationary source or 

major modification. Secondary emissions do not include any emissions which come directly 

from a mobile source such as emissions from the tailpipe of a motor vehicle, from a train, or 

from a vessel.

 (80) "Source" means all of the emissions unit(s) including quantifiable fugitive emissions, 

that are located on one or more contiguous or adjacent properties, and are under the control of 

the same person or persons under common control, whose activities are ancillary to the 

production of a single product or functionally related groups of products. Activities shall be 

considered ancillary to the production of a single product or functionally related group of 

products if they belong to the same major group (i.e., which have the same two digit code) as 

described in the Standard Industrial Classification Manual, 1972, as amended by the 1977 

Supplement.

(70 (81) "Source category" means all sources of the same type or classification.

(71 (82) "Stack" means any point in a source designed to emit solids, liquids, or gases into the 

air, including a pipe or duct.

(72 (83) "Stack height" means the height of an emission point measured from the ground-level 

elevation at the base of the stack.

(73 (84) "Standard conditions" means a temperature of 20E (68E 20°C (68°F) and a pressure 

of 760 mm (29.92 inches) of mercury.

(74 (85) "State implementation plan (SIP)" or "Washington SIP" means the Washington SIP in 

40 C.F.R. Part 52, subpart WW. The SIP contains state, local and federal regulations and orders, 
22

the state plan and compliance schedules approved and promulgated by EPA, for the purpose of 

implementing, maintaining, and enforcing the National Ambient Air Quality Standards.

 (86) "Stationary source" means any building, structure, facility, or installation which emits or 

may emit any air contaminant. This term does not include emissions resulting directly from an 

internal combustion engine for transportation purposes or from a nonroad engine or nonroad 

vehicle as defined in Section 216(11) of the FCAAFederal Clean Air Act.

(75 (87) "Sulfuric acid plant" means any facility producing sulfuric acid by the contact process 

by burning elemental sulfur, alkylation acid, hydrogen sulfide, or acid sludge.

(76 (88) "Synthetic minor" means any source whose potential to emit has been limited below 

applicable thresholds by means of an enforceable order, rule, or approval condition.

 (89) "Total reduced sulfur (TRS)" means the sum of the sulfur compounds hydrogen sulfide, 

mercaptans, dimethyl sulfide, dimethyl disulfide, and any other organic sulfides emitted and 

measured by EPA method 16 or anin Appendix A to 40 C.F.R. Part 60 or an EPA approved 

equivalent method and expressed as hydrogen sulfide.

(77 (90) "Total suspended particulate" means particulate matter as measured by the method 

described in 40 CFRC.F.R. Part 50 Appendix B.

 (91) "Toxic air pollutant (TAP)" or "toxic air contaminant" means any toxic air pollutant 

listed in WAC 173-460-150. The term toxic air pollutant may include particulate matter and 

volatile organic compounds if an individual substance or a group of substances within either of 

these classes is listed in WAC 173-460-150. The term toxic air pollutant does not include 

particulate matter and volatile organic compounds as generic classes of compounds.

 (92) "Unclassifiable area" means an area that cannot be designated attainment or 

nonattainment on the basis of available information as meeting or not meeting the National 

Ambient Air Quality Standard for the criteria pollutant and that is listed by EPA at 40 C.F.R. 

Part 81.

(78 (93) "United States Environmental Protection Agency (USEPA)" shall be referred to as 

EPA.

(79 (94) "Visibility impairment" means any humanly perceptible degradationchange in 

visibility (light extinction, visual range, contrast, or coloration) not caused by from that which 

would have existed under natural conditions.

(80) "Visibility impairment of Class I areas" means visibility impairment within the area and 

visibility impairment of any formally designated integral vista associated with the area.

(81 (95) "Volatile organic compound (VOC)" means:
23

(a) Any any carbon compound of carbon, excludingthat participates in atmospheric 

photochemical reactions.

 (a) Exceptions. The following compounds are not a VOC: Acetone; carbon monoxide,; 

carbon dioxide,; carbonic acid,; metallic carbides or carbonates, and; ammonium carbonate, 

which participates in atmospheric photochemical reactions. This includes any organic compound 

other than the following, which have negligible photochemical reactivity: Methanemethane; 

ethane; methylene chloride (dichloromethane); 1,1,1-trichloroethane (methyl chloroform); 

1,1,12-trichloro- 2-1,2,2-trifluoroethane (CFC-113); trichlorofluoromethane (CFC-11); 

dichlorodifluoromethane (CFC-12); chlorodifluoromethane (CFCHCFC-22); trifluoromethane 

(FCHFC-23); 1,2-dichloro 1,1,2,2-tetrafluoroethane (CFC-114); chloropentafluoroethane (CFC115); 1,1,1-trifluoro 2,2-dichloroethane (HCFC-123); 1,1,1,2-tetrafluoroethane (HFC-134a); 1,1-

dichloro 1-fluoroethane (HCFC-141b); 1-chloro 1,1-difluoroethane (HCFC-142b); 2-chloro 

1,1,1,2-tetrafluoroethane (HCFC-124); pentafluoroethane (HFC-125); 1,1,2,2-tetrafluoroethane 

(HFC-134); 1,1,1-trifluoroethane (HFC-143a); 1,1-difluoroethane (HFC-152a); and 

perfluorocarbon compounds whichparachlorobenzotrifluoride (PCBTF); cyclic, branched, or 

linear completely methylated siloxanes; perchloroethylene (tetrachloroethylene); 3,3-dichloro1,1,1,2,2-pentafluoropropane (HCFC-225ca); 1,3-dichloro-1,1,2,2,3-pentafluoropropane (HCFC225cb); 1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC 43-10mee); difluoromethane (HFC-32); 

ethylfluoride (HFC-161); 1,1,1,3,3,3-hexafluoropropane (HFC-236fa); 1,1,2,2,3-

pentafluoropropane (HFC-245ca); 1,1,2,3,3-pentafluoropropane (HFC-245ea); 1,1,1,2,3-

pentafluoropropane (HFC-245eb); 1,1,1,3,3-pentafluoropropane (HFC-245fa); 1,1,1,2,3,3-

hexafluoropropane (HFC-236ea); 1,1,1,3,3-pentafluorobutane (HFC-365mfc); 

chlorofluoromethane (HCFC-31); 1 chloro-1-fluoroethane (HCFC-151a); 1,2-dichloro-1,1,2-

trifluoroethane (HCFC-123a); 1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C4F9OCH3); 2-

(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF3)2CFCF2OCH3); 1-ethoxy1,1,2,2,3,3,4,4,4-nonafluorobutane (C4F9OC2H5); 2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-

heptafluoropropane ((CF3)2CFCF2OC2H5); methyl acetate, 1,1,1,2,2,3,3-heptafluoro-3-

methoxy-propane (n-C3F7OCH3 or HFE-7000); 3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro2-(trifluoromethyl) hexane (HFE-7500) 1,1,1,2,3,3,3-heptafluoropropane (HFC 227ea); methyl 

formate (HCOOCH3); 1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluoromethyl-pentane 

(HFE-7300); dimethyl carbonate; propylene carbonate; and perfluorocarbon compounds that fall 

into these classes:

 (i) Cyclic, branched, or linear completely fluorinated alkanes;

 (ii) Cyclic, branched, or linear completely fluorinated ethers with no unsaturations;

 (iii) Cyclic, branched, or linear completely fluorinated tertiary amines with no unsaturations;

and
24

 (iv) Sulfur containing perfluorocarbons with no unsaturations and with sulfur bonds only to 

carbon and fluorine.

 (b) For the purpose of determining compliance with emission limits, VOC will be measured 

by the appropriate methods in 40 CFRC.F.R. Part 60 Appendix A. Where such athe method also 

measures compounds with negligible photochemical reactivity, these negligibly- reactive 

compounds may be excluded as VOC if the amount of suchthe compounds is accurately 

quantified, and suchthe exclusion is approved by ecology or, the authority, or EPA.

 (c) As a precondition to excluding these negligibly- reactive compounds as VOC or at any 

time thereafter, ecology or the authority may require an owner or operator to provide monitoring 

or testing methods and results demonstrating, to the satisfaction of ecology or, the authority, or 

EPA the amount of negligibly- reactive compounds in the source's emissions.

State adopted: 9/20/93; EPA effective: 6/2/95 

 (d) The following compounds are VOC for purposes of all recordkeeping, emissions 

reporting, photochemical dispersion modeling and inventory requirements which apply to VOC 

and shall be uniquely identified in emission reports, but are not VOC for purposes of VOC 

emissions limitations or VOC content requirements: Tertiary-butyl acetate.

[Statutory Authority: Chapter 70.94 RCW. 12-24-027 (Order 11-10), § 173-400-030, filed 

11/28/12, effective 12/29/12; 11-06-060 (Order 09-01), § 173-400-030, filed 3/1/11, effective 

4/1/11. Statutory Authority: RCW 70.94.395 and 70.94.331. 07-11-039 (Order 06-03), § 173-

400-030, filed 5/8/07, effective 6/8/07. Statutory Authority: RCW 70.94.152. 05-03-033 (Order 

03-07), § 173-400-030, filed 1/10/05, effective 2/10/05. Statutory Authority: Chapter 70.94 RCW, 

RCW 70.94.141, [70.94.]152, [70.94.]331,[70.94.]510 and 43.21A.080. 01-17-062 (Order 99-

06), § 173-400-030, filed 8/15/01, effective 9/15/01. Statutory Authority: RCW 70.94.152. 98-01-

183 (Order 96-01), § 173-400-030, filed 12/23/97, effective 1/23/98. Statutory Authority: 

Chapter 70.94 RCW. 96-19-054 (Order 94-35), § 173-400-030, filed 9/13/96, effective 10/14/96; 

95-07-126 (Order 93-40), § 173-400-030, filed 3/22/95, effective 4/22/95; 93-18-007 (Order 93-

03), § 173-400-030, filed 8/20/93, effective 9/20/93; 91-05-064 (Order 90-06), § 173-400-030, 

filed 2/19/91, effective 3/22/91. Statutory Authority: RCW 70.94.331, 70.94.395 and 70.94.510. 

85-06-046 (Order 84-48), § 173-400-030, filed 3/6/85. Statutory Authority: Chapters 43.21A and 

70.94 RCW. 83-09-036 (Order DE 83-13), § 173-400-030, filed 4/15/83. Statutory Authority: 

RCW 70.94.331. 80-11-059 (Order DE 80-14), § 173-400-030, filed 8/20/80. Statutory 

Authority: RCW 43.21A.080 and 70.94.331. 79-06-012 (Order DE 78-21), § 173-400-030, filed 

5/8/79; Order DE 76-38, § 173-400-030, filed 12/21/76. Formerly WAC 18-04-030.]

173-400-036 Relocation of portable sources.

173-400-110(5) Portable sources. 
25

 (1) Applicability.

 (a) Portable sources that meet the requirements of this section may without obtaining a sitespecific or permitting authority-specific order of approval relocate and operate in any jurisdiction 

in which the permitting authority has adopted this section by reference. The owner or operator of 

a portable source may file a new notice of construction application in compliance with WAC 

173-400-110 each time the portable source relocates in lieu of participating in the interjurisdictional provisions in this section.

 (b) Permitting authority participation in the inter-jurisdictional provisions of this section is 

optional. This section applies only in those jurisdictions where the permitting authority has 

adopted it. Nothing in this section affects a permitting authority's ability to enter into an 

agreement with another permitting authority to allow inter-jurisdictional relocation of a portable 

source under conditions other than those listed here except that subsection (2) of this section 

applies statewide.

 (c) This section applies to sources that move from the jurisdiction of one permitting authority 

to the jurisdiction of another permitting authority, inter-jurisdictional relocation. This section 

does not apply to intra-jurisdictional relocation.

 (d) Engines subject to WAC 173-400-035 Nonroad engines are not portable sources subject to 

this section.

 (2) Portable sources in nonattainment areas. If a portable source is locating in a nonattainment 

area and if the source emits the pollutants or pollutant precursors for which the area is classified 

as nonattainment, then the source must acquire a site-specific order of approval.

 (3) Major stationary sources. If a portable source is a major stationary source then it must also 

comply with WAC 173-400-700 through 173-400-750 as applicable.

 (4) Relocation requirements. Portable sources are allowed to operate at a new location 

without obtaining an order of approval from the permitting authority with jurisdiction over the 

new location provided that:

 (a) A permitting authority in Washington state issued a notice of construction order of 

approval for the portable source after July 1, 2010, identifying the emission units as a "portable 

source";

 (b) The owner/operator of the portable source submits a relocation notice on a form provided 

by the permitting authority and a copy of the applicable portable source order of approval to the 

permitting authority with jurisdiction over the intended operation location a minimum of fifteen 

calendar days before the portable source begins operation at the new location;
26

 (c) The owner/operator submits the emission inventory required under WAC 173-400-105 to 

each permitting authority in whose jurisdiction the portable source operated during the preceding

year. The data must be sufficient in detail to enable each permitting authority to calculate the 

emissions within its jurisdiction and the yearly aggregate.

 (d) Operation at any location under this provision is limited to one year or less. Operations

lasting more than one year must obtain a site specific order of approval.

 (5) Enforcement of the order of approval. The permitting authority with jurisdiction over the 

location where a portable source is operating has authority to enforce the conditions of the order 

of approval that authorizes the portable source operation, regardless of which permitting 

authority issued the order of approval. All persons who receive an order of approval must 

comply with all approval conditions contained in the order of approval.

 (6) Change of conditions to orders of approval. To change the conditions in an order of 

approval, the owner/operator must obtain a new order of approval from the permitting authority 

with jurisdiction over the portable source.

 (7) Portable source modification. Prior to beginning actual construction or installation of a 

modification of a portable source, the owner/operator must obtain a new order of approval from 

the permitting authority with jurisdiction over the portable source.

[Statutory Authority: Chapter 70.94 RCW. 12-24-027 (Order 11-10), § 173-400-036, filed 

11/28/12, effective 12/29/12; 11-06-060 (Order 09-01), § 173-400-036, filed 3/1/11, effective 

4/1/11.]

173-400-040 General standards for maximum emissions.

 (1) All sources and emissions units are required to meet the emission standards of this chapter. 

Where an emission standard listed in another chapter is applicable to a specific emissions unit, 

such standard will take precedenttakes precedence over a general emission standard listed in this 

chapter. When two or more emissions units are connected to a common stack and the operator 

elects not to provide the means or facilities to sample emissions from the individual emissions 

units, and the relative contributions of the individual emissions units to the common discharge 

are not readily distinguishable, then the emissions of the common stack must meet the most 

restrictive standard of any of the connected emissions units. Further, all

 All emissions units are required to use reasonably available control technology (RACT) 

which may be determined for some sources or source categories to be more stringent than the 

applicable emission limitations of any chapter of Title 173 WAC. Where current controls are 

determined to be less than RACT, ecology or the permitting authority shall, as provided in 
27

section 8, chapter 252, Laws of 1993RCW 70.94.154, define RACT for each source or source 

category and issue a rule or regulatory order requiring the installation of RACT.

(1 (2) Visible emissions. No person shall cause or permitallow the emission for more than 

three minutes, in any one hour, of an air contaminant from any emissions unit which at the 

emission point, or within a reasonable distance of the emission point, exceeds twenty percent 

opacity except:

 (a) When the emissions occur due to soot blowing/grate cleaning and the operator can 

demonstrate that the emissions will not exceed twenty percent opacity for more than fifteen 

minutes in any eight consecutive hours. The intent of this provision is to permitallow the soot 

blowing and grate cleaning necessary to the operation of boiler facilities. This practice, except 

for testing and trouble shooting, is to be scheduled for the same approximate times each day and 

ecology or the permitting authority must be advised of the schedule.

 (b) When the owner or operator of a source supplies valid data to show that the presence of 

uncombined water is the only reason for the opacity to exceed twenty percent.

 (c) When two or more sourcesemission units are connected to a common stack, ecology or the 

permitting authority may allow or require the use of an alternate time period if it is more 

representative of normal operations.

 (d) When an alternate opacity limit has been established per RCW 70.94.331 (2)(c).

(2 

 (e) Exemptions from twenty percent opacity standard.

 (i) Visible emissions reader certification testing. Visible emissions from the "smoke 

generator" used for testing and certification of visible emissions readers per the requirements of 

40 C.F.R. Part 60, Appendix A, Reference Method 9 and ecology methods 9A and 9B shall be 

exempt from compliance with the twenty percent opacity limitation while being used for 

certifying visible emission readers.

 (ii) Military training exercises. Visible emissions resulting from military obscurant training 

exercises are exempt from compliance with the twenty percent opacity limitation provided the 

following criteria are met:

 (A) No visible emissions shall cross the boundary of the military training site/reservation.

 (B) The operation shall have in place methods, which have been reviewed and approved by 

the permitting authority, to detect changes in weather that would cause the obscurant to cross the 

site boundary either during the course of the exercise or prior to the start of the exercise. The 

approved methods shall include provisions that result in cancellation of the training exercise, 

cease the use of obscurants during the exercise until weather conditions would allow such 
28

training to occur without causing obscurant to leave the site boundary of the military 

site/reservation.

 (iii) Firefighter training. Visible emissions from fixed and mobile firefighter training facilities 

while being used to train firefighters and while complying with the requirements of chapter 173-

425 WAC.

 (3) Fallout. No person shall cause or permitallow the emission of particulate matter from any 

source to be deposited beyond the property under direct control of the owner(s) or operator(s) of 

the source in sufficient quantity to interfere unreasonably with the use and enjoyment of the 

property upon which the material is deposited.

(3 (4) Fugitive emissions. The owner or operator of any emissions unit engaging in materials 

handling, construction, demolition or any other operation which is a source of fugitive emission:

 (a) If located in an attainment area and not impacting any nonattainment area, shall take 

reasonable precautions to prevent the release of air contaminants from the operation.

 (b) If the emissions unit has been identified as a significant contributor to the nonattainment 

status of a designated nonattainment area, the owner or operator shall be required to use 

reasonable and available control methods, which shall include any necessary changes in 

technology, process, or other control strategies to control emissions of the air contaminants for 

which nonattainment has been designated.

(4

 (5) Odors. Any person who shall cause or allow the generation of any odor from any source 

or activity which may unreasonably interfere with any other property owner's use and enjoyment 

of his property must use recognized good practice and procedures to reduce these odors to a 

reasonable minimum.

(5 (6) Emissions detrimental to persons or property. No person shall cause or permitallow the 

emission of any air contaminant from any source if it is detrimental to the health, safety, or 

welfare of any person, or causes damage to property or business.

(6 (7) Sulfur dioxide.

No person shall cause or permitallow the emission of a gas containing sulfur dioxide from any 

emissions unit in excess of one thousand ppm of sulfur dioxide on a dry basis, corrected to seven 

percent oxygen for combustion sources, and based on the average of any period of sixty 

consecutive minutes, except:

 When the owner or operator of an emissions unit supplies emission data and can demonstrate 

to ecology or the permitting authority that there is no feasible method of reducing the 

concentration to less than one thousand ppm (on a dry basis, corrected to seven percent oxygen 
29

for combustion sources) and that the state and federal ambient air quality standards for sulfur 

dioxide will not be exceeded. In such cases, ecology or the permitting authority may require 

specific ambient air monitoring stations be established, operated, and maintained by the owner or 

operator at mutually approved locations. All sampling results will be made available upon 

request and a monthly summary will be submitted to ecology or the permitting authority.

(7 (8) Concealment and masking. No person shall cause or permitallow the installation or use 

of any means which conceals or masks an emission of an air contaminant which would otherwise 

violate any provisions of this chapter.

(8 (9) Fugitive dust sources.

 (a) The owner or operator of a source ofor activity that generates fugitive dust shallmust take 

reasonable precautions to prevent that fugitive dust from becoming airborne and shallmust

maintain and operate the source to minimize emissions.

 (b) The owner(s) or operator(s) of any existing source(s) of or activity that generates fugitive 

dust that has been identified as a significant contributor to a PM-10 or PM-2.5 nonattainment 

area shall beis required to use reasonably available control technology to control emissions. 

Significance will be determined by the criteria found in WAC 173-400-113(34).

State adopted: 9/20/93; EPA effective: 6/2/95

[Statutory Authority: Chapter 70.94 RCW. 11-06-060 (Order 09-01), § 173-400-040, filed 

3/1/11, effective 4/1/11. Statutory Authority: RCW 70.94.152. 05-03-033 (Order 03-07), § 173-

400-040, filed 1/10/05, effective 2/10/05. Statutory Authority: Chapter 70.94 RCW, RCW 

70.94.141, [70.94.]152,[70.94.]331 , [70.94.]510 and 43.21A.080. 01-17-062 (Order 99-06), § 

173-400-040, filed 8/15/01, effective 9/15/01. Statutory Authority: [RCW 70.94.331, 70.94.510 

and chapter 70.94 RCW.] 00-23-130 (Order 98-27), § 173-400-040, filed 11/22/00, effective 

12/23/00. Statutory Authority: Chapter 70.94 RCW. 93-18-007 (Order 93-03), § 173-400-040, 

filed 8/20/93, effective 9/20/93; 91-05-064 (Order 90-06), § 173-400-040, filed 2/19/91, effective 

3/22/91. Statutory Authority: Chapters 43.21A and 70.94 RCW. 83-09-036 (Order DE 83-13), § 

173-400-040, filed 4/15/83. Statutory Authority: RCW 70.94.331. 80-11-059 (Order DE 80-14), 

§ 173-400-040, filed 8/20/80. Statutory Authority: RCW 43.21A.080 and 70.94.331. 79-06-012 

(Order DE 78-21), § 173-400-040, filed 5/8/79; Order DE 76-38, § 173-400-040, filed 12/21/76. 

Formerly WAC 18-04-040.]

173-400-050 Emission standards for combustion and incineration units.

(1) Combustion and incineration emissions units must meet all requirements of WAC 173-400-

040 and, in addition, no person shall cause or permitallow emissions of particulate matter in 

excess of 0.23 gram per dry cubic meter at standard conditions (0.1 grain/dscf), except, for an 

emissions unit combusting wood derived fuels for the production of steam. No person shall allow 

or permit the emission of particulate matter in excess of 0.46 gram per dry cubic meter at 
30

standard conditions (0.2 grain/dscf), as measured by EPA method 5 in Appendix A to 40 C.F.R. 

Part 60, (in effect on July 1, 2012) or approved procedures contained in "Source Test Manual -

Procedures For Compliance Testing," state of Washington, department of ecology, as of July 12, 

1990September 20, 2004, on file at ecology.

 (2) For any incinerator, no person shall cause or permitallow emissions in excess of one 

hundred ppm of total carbonyls as measured by applicable EPA methods or acceptableSource Test 

Method 14 procedures contained in "Source Test Manual - Procedures for Compliance Testing," 

state of Washington, department of ecology, on file at ecology. Incinerators as of September 20, 

2004, on file at ecology. An applicable EPA reference method or other procedures to collect and 

analyze for the same compounds collected in the ecology method may be used if approved by the 

permitting authority prior to its use.

 (a) Incinerators not subject to the requirements of chapter 173-434 WAC or WAC 173-400-

050 (4) or (5), or requirements adopted by reference in WAC 173-400-075 (40 C.F.R. 63 subpart 

EEE) and WAC 173-400-115 (40 C.F.R. 60 subparts E, Ea, Eb, Ec, AAAA, and CCCC) shall be 

operated only during daylight hours unless written permission to operate at other times is 

received from ecology or the permitting authority.

 (b) Total carbonyls means the concentration of organic compounds containing the =C=O 

radical as collected by the Ecology Source Test Method 14 contained in "Source Test Manual -

Procedures For Compliance Testing," state of Washington, department of ecology, as of 

September 20, 2004, on file at ecology.

 (3) Measured concentrations for combustion and incineration sourcesunits shall be adjusted 

for volumes corrected to seven percent oxygen, except when ecology or the permitting authority 

determines that an alternate oxygen correction factor is more representative of normal operations

such as the correction factor included in an applicable NSPS or NESHAP, actual operating 

characteristics, or the manufacturer's specifications for the emission unit.

(4) Commercial and industrial solid waste incineration units constructed on or before November 

30, 1999.

(a) Definitions.

(i) "Commercial and industrial solid waste incineration (CISWI) unit" means any combustion 

device that combusts commercial and industrial waste, as defined in this subsection. The 

boundaries of a CISWI unit are defined as, but not limited to, the commercial or industrial solid 

waste fuel feed system, grate system, flue gas system, and bottom ash. The CISWI unit does not 

include air pollution control equipment or the stack. The CISWI unit boundary starts at the 

commercial and industrial solid waste hopper (if applicable) and extends through two areas:
31

(A) The combustion unit flue gas system, which ends immediately after the last combustion 

chamber.

(B) The combustion unit bottom ash system, which ends at the truck loading station or similar 

equipment that transfers the ash to final disposal. It includes all ash handling systems connected 

to the bottom ash handling system.

(ii) "Commercial and industrial solid waste" means solid waste combusted in an enclosed device 

using controlled flame combustion without energy recovery that is a distinct operating unit of 

any commercial or industrial facility (including field erected, modular, and custom built 

incineration units operating with starved or excess air), or solid waste combusted in an air curtain 

incinerator without energy recovery that is a distinct operating unit of any commercial or 

industrial facility.

(b) Applicability. This section applies to incineration units that meet all three criteria:

(i) The incineration unit meets the definition of CISWI unit in this subsection.

(ii) The incineration unit commenced construction on or before November 30, 1999.

(iii) The incineration unit is not exempt under (c) of this subsection.

(c) The following types of incineration units are exempt from this subsection:

(i) Pathological waste incineration units. Incineration units burning 90 percent or more by weight 

(on a calendar quarter basis and excluding the weight of auxiliary fuel and combustion air) of 

pathological waste, low-level radioactive waste, and/or chemotherapeutic waste as defined in 40 

C.F.R. 60.2265 (in effect on July 1, 2010) are not subject to this section if you meet the two 

requirements specified in (c)(i)(A) and (B) of this subsection.

(A) Notify the permitting authority that the unit meets these criteria.

(B) Keep records on a calendar quarter basis of the weight of pathological waste, low-level 

radioactive waste, and/or chemotherapeutic waste burned, and the weight of all other fuels and 

wastes burned in the unit.

(ii) Agricultural waste incineration units. Incineration units burning 90 percent or more by 

weight (on a calendar quarter basis and excluding the weight of auxiliary fuel and combustion 

air) of agricultural wastes as defined in 40 C.F.R. 60.2265 (in effect on January 30, 2001) are not 

subject to this subpart if you meet the two requirements specified in (c)(ii)(A) and (B) of this 

subsection.

(A) Notify the permitting authority that the unit meets these criteria.
32

(B) Keep records on a calendar quarter basis of the weight of agricultural waste burned, and the 

weight of all other fuels and wastes burned in the unit.

(iii) Municipal waste combustion units. Incineration units that meet either of the two criteria 

specified in (c)(iii)(A) and (B) of this subsection.

(A) Units are regulated under 40 C.F.R. Part 60, subpart Ea or subpart Eb (in effect on July 1, 

2010); Spokane County Air Pollution Control Authority Regulation 1, Section 6.17 (in effect on 

February 13, 1999); 40 C.F.R. Part 60, subpart AAAA (in effect on July 1, 2010); or WAC 173-

400-050(5).

(B) Units burn greater than 30 percent municipal solid waste or refuse-derived fuel, as defined in 

40 C.F.R. Part 60, subparts Ea (in effect on July 1, 2010), Eb (in effect on July 1, 2010), and 

AAAA (in effect on July 1, 2010), and WAC 173-400-050(5), and that have the capacity to burn 

less than 35 tons (32 megagrams) per day of municipal solid waste or refuse-derived fuel, if you 

meet the two requirements in (c)(iii)(B)(I) and (II) of this subsection.

(I) Notify the permitting authority that the unit meets these criteria.

(II) Keep records on a calendar quarter basis of the weight of municipal solid waste burned, and 

the weight of all other fuels and wastes burned in the unit.

(iv) Medical waste incineration units. Incineration units regulated under 40 C.F.R. Part 60, 

subpart Ec (Standards of Performance for Hospital/Medical/Infectious Waste Incinerators for 

Which Construction is Commenced After June 20, 1996) (in effect on July 1, 2010);

(v) Small power production facilities. Units that meet the three requirements specified in 

(c)(v)(A) through (C) of this subsection.

(A) The unit qualifies as a small power-production facility under section 3 (17)(C) of the Federal 

Power Act (16 U.S.C. 796 (17)(C)).

(B) The unit burns homogeneous waste (not including refuse-derived fuel) to produce electricity.

(C) You notify the permitting authority that the unit meets all of these criteria.

(vi) Cogeneration facilities. Units that meet the three requirements specified in (c)(vi)(A) 

through (C) of this subsection.

(A) The unit qualifies as a cogeneration facility under section 3 (18)(B) of the Federal Power Act 

(16 U.S.C. 796 (18)(B)).

(B) The unit burns homogeneous waste (not including refuse-derived fuel) to produce electricity 

and steam or other forms of energy used for industrial, commercial, heating, or cooling purposes.

(C) You notify the permitting authority that the unit meets all of these criteria.
33

(vii) Hazardous waste combustion units. Units that meet either of the two criteria specified in 

(c)(vii)(A) or (B) of this subsection.

(A) Units for which you are required to get a permit under section 3005 of the Solid Waste 

Disposal Act.

(B) Units regulated under subpart EEE of 40 C.F.R. Part 63 (National Emission Standards for 

Hazardous Air Pollutants from Hazardous Waste Combustors) (in effect on July 1, 2010).

(viii) Materials recovery units. Units that combust waste for the primary purpose of recovering 

metals, such as primary and secondary smelters;

(ix) Air curtain incinerators. Air curtain incinerators that burn only the materials listed in 

(c)(ix)(A) through (C) of this subsection are only required to meet the requirements under "Air 

Curtain Incinerators" in 40 C.F.R. 60.2245 through 60.2260 (in effect on July 1, 2010).

(A) 100 percent wood waste.

(B) 100 percent clean lumber.

(C) 100 percent mixture of only wood waste, clean lumber, and/or yard waste.

(x) Cyclonic barrel burners. See 40 C.F.R. 60.2265 (in effect on July 1, 2010).

(xi) Rack, part, and drum reclamation units. See 40 C.F.R. 60.2265 (in effect on July 1, 2010).

(xii) Cement kilns. Kilns regulated under subpart LLL of 40 C.F.R. Part 63 (National Emission 

Standards for Hazardous Air Pollutants from the Portland Cement Manufacturing Industry) (in 

effect on July 1, 2010).

(xiii) Sewage sludge incinerators. Incineration units regulated under 40 C.F.R. Part 60, 

(Standards of Performance for Sewage Treatment Plants) (in effect on July 1, 2010).

(xiv) Chemical recovery units. Combustion units burning materials to recover chemical 

constituents or to produce chemical compounds where there is an existing commercial market for 

such recovered chemical constituents or compounds. The seven types of units described in 

(c)(xiv)(A) through (G) of this subsection are considered chemical recovery units.

(A) Units burning only pulping liquors (i.e., black liquor) that are reclaimed in a pulping liquor 

recovery process and reused in the pulping process.

(B) Units burning only spent sulfuric acid used to produce virgin sulfuric acid.

(C) Units burning only wood or coal feedstock for the production of charcoal.
34

(D) Units burning only manufacturing by-product streams/residues containing catalyst metals 

which are reclaimed and reused as catalysts or used to produce commercial grade catalysts.

(E) Units burning only coke to produce purified carbon monoxide that is used as an intermediate 

in the production of other chemical compounds.

(F) Units burning only hydrocarbon liquids or solids to produce hydrogen, carbon monoxide, 

synthesis gas, or other gases for use in other manufacturing processes.

(G) Units burning only photographic film to recover silver.

(xv) Laboratory analysis units. Units that burn samples of materials for the purpose of chemical 

or physical analysis.

(d) Exceptions.

(i) Physical or operational changes to a CISWI unit made primarily to comply with this section 

do not qualify as a "modification" or "reconstruction" (as defined in 40 C.F.R. 60.2815, in effect 

on July 1, 2010).

(ii) Changes to a CISWI unit made on or after June 1, 2001, that meet the definition of 

"modification" or "reconstruction" as defined in 40 C.F.R. 60.2815 (in effect on July 1, 2010) 

mean the CISWI unit is considered a new unit and subject to WAC 173-400-115, which adopts 

40 C.F.R. Part 60, subpart CCCC by reference.

(e) A CISWI unit must comply with 40 C.F.R. 60.2575 through 60.2875, in effect on July 1, 

2010, which is adopted by reference. The federal rule contains these major components:

Increments of progress towards compliance in 60.2575 through 60.2630;

Waste management plan requirements in 60.2620 through 60.2630;

Operator training and qualification requirements in 60.2635 through 60.2665;

Emission limitations and operating limits in 60.2670 through 60.2685;

Performance testing requirements in 60.2690 through 60.2725;

Initial compliance requirements in 60.2700 through 60.2725;

Continuous compliance requirements in 60.2710 through 60.2725;

Monitoring requirements in 60.2730 through 60.2735;

Recordkeeping and reporting requirements in 60.2740 through 60.2800;

Title V operating permits requirements in 60.2805;
35

Air curtain incinerator requirements in 60.2810 through 60.2870;

Definitions in 60.2875; and

Tables in 60.2875. In Table 1, the final control plan must be submitted before June 1, 2004, and 

final compliance must be achieved by June 1, 2005.

(i) Exception to adopting the federal rule. For purposes of this section, "administrator" includes 

the permitting authority.

(ii) Exception to adopting the federal rule. For purposes of this section, "you" means the owner 

or operator.

(iii) Exception to adopting the federal rule. For purposes of this section, each reference to "the 

effective date of state plan approval" means July 1, 2002.

(iv) Exception to adopting the federal rule. The Title V operating permit requirements in 40 

C.F.R. 60.2805(a) are not adopted by reference. Each CISWI unit, regardless of whether it is a 

major or nonmajor unit, is subject to the air operating permit regulation, chapter 173-401 WAC, 

beginning on July 1, 2002. See WAC 173-401-500 for the permit application requirements and 

deadlines.

(v) Exception to adopting the federal rule. The following compliance dates apply:

(A) The final control plan (Increment 1) must be submitted no later than July 1, 2003. (See 

Increment 1 in Table 1.)

(B) Final compliance (Increment 2) must be achieved no later than July 1, 2005. (See Increment 

2 in Table 1.)

(5) Small municipal waste combustion units constructed on or before August 30, 1999.

(a) Definition. "Municipal waste combustion unit" means any setting or equipment that 

combusts, liquid, or gasified municipal solid waste including, but not limited to, field-erected

combustion units (with or without heat recovery), modular combustion units (starved air- or 

excess-air), boilers (for example, steam generating units), furnaces (whether suspension-fired, 

grate-fired, mass-fired, air-curtain incinerators, or fluidized bed-fired), and pyrolysis/combustion 

units. Two criteria further define municipal waste combustion units:

(i) Municipal waste combustion units do not include the following units:

(A) Pyrolysis or combustion units located at a plastics or rubber recycling unit as specified under 

the exemptions in this subsection (5)(c)(viii) and (ix).

(B) Cement kilns that combust municipal solid waste as specified under the exemptions in this 

subsection (5)(c)(x).
36

(C) Internal combustion engines, gas turbines, or other combustion devices that combust landfill 

gases collected by landfill gas collection systems.

(ii) The boundaries of a municipal waste combustion unit are defined as follows. The municipal 

waste combustion unit includes, but is not limited to, the municipal solid waste fuel feed system, 

grate system, flue gas system, bottom ash system, and the combustion unit water system. The 

municipal waste combustion unit does not include air pollution control equipment, the stack, 

water treatment equipment, or the turbine-generator set. The municipal waste combustion unit 

boundary starts at the municipal solid waste pit or hopper and extends through three areas:

(A) The combustion unit flue gas system, which ends immediately after the heat recovery 

equipment or, if there is no heat recovery equipment, immediately after the combustion chamber.

(B) The combustion unit bottom ash system, which ends at the truck loading station or similar 

equipment that transfers the ash to final disposal. It includes all ash handling systems connected 

to the bottom ash handling system.

(C) The combustion unit water system, which starts at the feed water pump and ends at the 

piping that exits the steam drum or superheater.

(b) Applicability. This section applies to a municipal waste combustion unit that meets these 

three criteria:

(i) The municipal waste combustion unit has the capacity to combust at least 35 tons per day of 

municipal solid waste but no more than 250 tons per day of municipal solid waste or refusederived fuel.

(ii) The municipal waste combustion unit commenced construction on or before August 30, 

1999.

(iii) The municipal waste combustion unit is not exempt under (c) of this section.

(c) Exempted units. The following municipal waste combustion units are exempt from the 

requirements of this section:

(i) Small municipal waste combustion units that combust less than 11 tons per day. Units are 

exempt from this section if four requirements are met:

(A) The municipal waste combustion unit is subject to a federally enforceable order or order of 

approval limiting the amount of municipal solid waste combusted to less than 11 tons per day.

(B) The owner or operator notifies the permitting authority that the unit qualifies for the 

exemption.
37

(C) The owner or operator of the unit sends a copy of the federally enforceable order or order of 

approval to the permitting authority.

(D) The owner or operator of the unit keeps daily records of the amount of municipal solid waste 

combusted.

(ii) Small power production units. Units are exempt from this section if four requirements are 

met:

(A) The unit qualifies as a small power production facility under section 3 (17)(C) of the Federal 

Power Act (16 U.S.C. 796 (17)(C)).

(B) The unit combusts homogeneous waste (excluding refuse-derived fuel) to produce electricity.

(C) The owner or operator notifies the permitting authority that the unit qualifies for the 

exemption.

(D) The owner or operator submits documentation to the permitting authority that the unit 

qualifies for the exemption.

(iii) Cogeneration units. Units are exempt from this section if four requirements are met:

(A) The unit qualifies as a small power production facility under section 3 (18)(C) of the Federal 

Power Act (16 U.S.C. 796 (18)(C)).

(B) The unit combusts homogeneous waste (excluding refuse-derived fuel) to produce electricity 

and steam or other forms of energy used for industrial, commercial, heating, or cooling purposes.

(C) The owner or operator notifies the permitting authority that the unit qualifies for the 

exemption.

(D) The owner or operator submits documentation to the permitting authority that the unit 

qualifies for the exemption.

(iv) Municipal waste combustion units that combust only tires. Units are exempt from this 

section if three requirements are met:

(A) The municipal waste combustion unit combusts a single-item waste stream of tires and no 

other municipal waste (the unit can cofire coal, fuel oil, natural gas, or other nonmunicipal solid 

waste).

(B) The owner or operator notifies the permitting authority that the unit qualifies for the 

exemption.

(C) The owner or operator submits documentation to the permitting authority that the unit 

qualifies for the exemption.
38

(v) Hazardous waste combustion units. Units are exempt from this section if the units have 

received a permit under section 3005 of the Solid Waste Disposal Act.

(vi) Materials recovery units. Units are exempt from this section if the units combust waste 

mainly to recover metals. Primary and secondary smelters may qualify for the exemption.

(vii) Cofired units. Units are exempt from this section if four requirements are met:

(A) The unit has a federally enforceable order or order of approval limiting municipal solid 

waste combustion to no more than 30 percent of total fuel input by weight.

(B) The owner or operator notifies the permitting authority that the unit qualifies for the 

exemption.

(C) The owner or operator submits a copy of the federally enforceable order or order of approval 

to the permitting authority.

(D) The owner or operator records the weights, each quarter, of municipal solid waste and of all 

other fuels combusted.

(viii) Plastics/rubber recycling units. Units are exempt from this section if four requirements are 

met:

(A) The pyrolysis/combustion unit is an integrated part of a plastics/rubber recycling unit as 

defined in 40 C.F.R. 60.1940 (in effect on July 1, 2012).

(B) The owner or operator of the unit records the weight, each quarter, of plastics, rubber, and 

rubber tires processed.

(C) The owner or operator of the unit records the weight, each quarter, of feed stocks produced 

and marketed from chemical plants and petroleum refineries.

(D) The owner or operator of the unit keeps the name and address of the purchaser of the feed 

stocks.

(ix) Units that combust fuels made from products of plastics/rubber recycling plants. Units are 

exempt from this section if two requirements are met:

(A) The unit combusts gasoline, diesel fuel, jet fuel, fuel oils, residual oil, refinery gas, 

petroleum coke, liquified petroleum gas, propane, or butane produced by chemical plants or 

petroleum refineries that use feed stocks produced by plastics/rubber recycling units.

(B) The unit does not combust any other municipal solid waste.

(x) Cement kilns. Cement kilns that combust municipal solid waste are exempt.
39

(xi) Air curtain incinerators. If an air curtain incinerator as defined under 40 C.F.R. 60.1910 (in 

effect on July 1, 2012) combusts 100 percent yard waste, then those units must only meet the 

requirements under 40 C.F.R. 60.1910 through 60.1930 (in effect on July 1, 2012).

(d) Exceptions.

(i) Physical or operational changes to an existing municipal waste combustion unit made 

primarily to comply with this section do not qualify as a modification or reconstruction, as those 

terms are defined in 40 C.F.R. 60.1940 (in effect on July 1, 2012).

(ii) Changes to an existing municipal waste combustion unit made on or after June 6, 2001, that 

meet the definition of modification or reconstruction, as those terms are defined in 40 C.F.R. 

60.1940 (in effect on July 1, 2012), mean the unit is considered a new unit and subject to WAC 

173-400-115, which adopts 40 C.F.R. Part 60, subpart AAAA (in effect on July 1, 2012).

(e) Municipal waste combustion units are divided into two subcategories based on the aggregate 

capacity of the municipal waste combustion plant as follows:

(i) Class I units. Class I units are small municipal waste combustion units that are located at 

municipal waste combustion plants with an aggregate plant combustion capacity greater than 250 

tons per day of municipal solid waste. See the definition of "municipal waste combustion plant 

capacity" in 40 C.F.R. 60.1940 (in effect on July 1, 2012) for the specification of which units are 

included in the aggregate capacity calculation.

(ii) Class II units. Class II units are small municipal waste combustion units that are located at 

municipal waste combustion plants with an aggregate plant combustion capacity less than or 

equal to 250 tons per day of municipal solid waste. See the definition of "municipal waste 

combustion plant capacity" in 40 C.F.R. 60.1940 (in effect on July 1, 2012) for the specification 

of which units are included in the aggregate capacity calculation.

(f) Compliance option 1.

(i) A municipal solid waste combustion unit may choose to reduce, by the final compliance date 

of June 1, 2005, the maximum combustion capacity of the unit to less than 35 tons per day of 

municipal solid waste. The owner or operator must submit a final control plan and the 

notifications of achievement of increments of progress as specified in 40 C.F.R. 60.1610 (in 

effect on July 1, 2012).

(ii) The final control plan must, at a minimum, include two items:

(A) A description of the physical changes that will be made to accomplish the reduction.

(B) Calculations of the current maximum combustion capacity and the planned maximum 

combustion capacity after the reduction. Use the equations specified in 40 C.F.R. 60.1935 (d) 
40

and (e) (in effect on July 1, 2012) to calculate the combustion capacity of a municipal waste 

combustion unit.

(iii) An order or order of approval containing a restriction or a change in the method of operation 

does not qualify as a reduction in capacity. Use the equations specified in 40 C.F.R. 60.1935 (d) 

and (e) (in effect on July 1, 2012) to calculate the combustion capacity of a municipal waste 

combustion unit.

(g) Compliance option 2. The municipal waste combustion unit must comply with 40 C.F.R. 

60.1585 through 60.1905, and 60.1935 (in effect on July 1, 2012), which is adopted by reference.

(i) The rule contains these major components:

(A) Increments of progress towards compliance in 60.1585 through 60.1640;

(B) Good combustion practices - Operator training in 60.1645 through 60.1670;

(C) Good combustion practices - Operator certification in 60.1675 through 60.1685;

(D) Good combustion practices - Operating requirements in 60.1690 through 60.1695;

(E) Emission limits in 60.1700 through 60.1710;

(F) Continuous emission monitoring in 60.1715 through 60.1770;

(G) Stack testing in 60.1775 through 60.1800;

(H) Other monitoring requirements in 60.1805 through 60.1825;

(I) Recordkeeping reporting in 60.1830 through 60.1855;

(J) Reporting in 60.1860 through 60.1905;

(K) Equations in 60.1935;

(L) Tables 2 through 8.

(ii) Exception to adopting the federal rule. For purposes of this section, each reference to the 

following is amended in the following manner:

(A) "State plan" in the federal rule means WAC 173-400-050(5).

(B) "You" in the federal rule means the owner or operator.

(C) "Administrator" includes the permitting authority.

(D) "The effective date of the state plan approval" in the federal rule means December 6, 2002.
41

(h) Compliance schedule.

(i) Small municipal waste combustion units must achieve final compliance or cease operation not 

later than December 1, 2005.

(ii) Small municipal waste combustion units must achieve compliance by May 6, 2005 for all 

Class II units, and by November 6, 2005 for all Class I units.

(iii) Class I units must comply with these additional requirements:

(A) The owner or operator must submit the dioxins/furans stack test results for at least one test 

conducted during or after 1990. The stack test must have been conducted according to the 

procedures specified under 40 C.F.R. 60.1790 (in effect on July 1, 2012).

(B) Class I units that commenced construction after June 26, 1987, must comply with the 

dioxins/furans and mercury limits specified in Tables 2 and 3 in 40 C.F.R. Part 60, subpart 

BBBB (in effect on February 5, 2001) by the later of two dates:

(I) December 6, 2003; or

(II) One year following the issuance of an order of approval (revised construction approval or 

operation permit) if an order or order of approval or operation modification is required.

(i) Air operating permit. Applicability to chapter 173-401 WAC, the air operating permit 

regulation, begins on July 1, 2002. See WAC 173-401-500 for the permit application 

requirements and deadlines.

State adopted: 3/22/91; EPA effective: 9/10/93 

[Statutory Authority: Chapter 70.94 RCW. 12-24-027 (Order 11-10), § 173-400-050, filed 

11/28/12, effective 12/29/12; 11-06-060 (Order 09-01), § 173-400-050, filed 3/1/11, effective 

4/1/11. Statutory Authority: RCW 70.94.152. 05-03-033 (Order 03-07), § 173-400-050, filed 

1/10/05, effective 2/10/05. Statutory Authority: Chapter 70.94 RCW, RCW 70.94.141, 

[70.94.]152, [70.94.]331, [70.94.]510 and43.21A.080 . 01-17-062 (Order 99-06), § 173-400-

050, filed 8/15/01, effective 9/15/01. Statutory Authority: Chapter 70.94 RCW. 91-05-064 (Order 

90-06), § 173-400-050, filed 2/19/91, effective 3/22/91. Statutory Authority: Chapters 43.21A 

and 70.94 RCW. 83-09-036 (Order DE 83-13), § 173-400-050, filed 4/15/83. Statutory 

Authority: RCW 70.94.331. 80-11-059 (Order DE 80-14), § 173-400-050, filed 8/20/80. 

Statutory Authority: RCW 43.21A.080 and 70.94.331. 79-06-012 (Order DE 78-21), § 173-400-

050, filed 5/8/79; Order DE 76-38, § 173-400-050, filed 12/21/76. Formerly WAC 18-04-050.]
42

173-400-060 Emission standards for general process units.

 General process units are required to meet all applicable provisions of WAC 173-400-040 and, 

no person shall cause or permitallow the emission of particulate material from any general 

process operation in excess of 0.23 grams per dry cubic meter at standard conditions (0.1 

grain/dscf) of exhaust gas. EPA test methods from 40 CFR Appendix A which are adopted by 

reference(in effect on February 20, 2001) from 40 C.F.R. Parts 51, 60, 61, and 63 and any other 

approved test procedures which are contained in ecology's "Source Test Manual - Procedures For 

Compliance Testing" as of July 12, 1990, will be used to determine compliance.

State adopted: 3/22/91; EPA effective: 9/10/93 

[Statutory Authority: RCW 70.94.152. 05-03-033 (Order 03-07), § 173-400-060, filed 1/10/05, 

effective 2/10/05. Statutory Authority: Chapter 70.94 RCW, RCW 70.94.141,[70.94.]152 , 

[70.94.]331, [70.94.]510 and 43.21A.080. 01-17-062 (Order 99-06), § 173-400-060, filed 

8/15/01, effective 9/15/01. Statutory Authority: [RCW 70.94.331, 70.94.510 and chapter 70.94 

RCW.] 00-23-130 (Order 98-27), § 173-400-060, filed 11/22/00, effective 12/23/00. Statutory 

Authority: RCW 70.94.860, 70.94.510 and 70.94.331. 98-15-129 (Order 98-04), § 173-400-060, 

filed 7/21/98, effective 8/21/98. Statutory Authority: Chapter 70.94 RCW. 91-05-064 (Order 90-

06), § 173-400-060, filed 2/19/91, effective 3/22/91. Statutory Authority: Chapters 43.21A and 

70.94 RCW. 83-09-036 (Order DE 83-13), § 173-400-060, filed 4/15/83. Statutory Authority: 

RCW 70.94.331. 80-11-059 (Order DE 80-14), § 173-400-060, filed 8/20/80; Order DE 76-38, § 

173-400-060, filed 12/21/76. Formerly WAC 18-04-060.]

173-400-070 Emission standards for certain source categories.

Ecology finds that the reasonable regulation of sources within certain categories requires 

separate standards applicable to such categories. The standards set forth in this section shall be 

the maximum allowable standards for emissions units within the categories listed. Except as 

specifically provided in this section, such emissions units shall not be required to meet the 

provisions of WAC 173-400-040, 173-400-050 and 173-400-060.

 (1) Wigwam and silo burners. 

 (a) All wigwam and silo burners shalldesigned to dispose of wood waste must meet all 

provisions of WAC 173-400-040 (2), (3), (4), (5), (6), and (7).), (8), and WAC 173-400-050(4) 

or 173-400-115 (40 C.F.R. 60 subpart DDDD) as applicable.

 (b) All wigwam and silo burners shallmust use RACT. All emissions units shall be operated 

and maintained to minimize emissions. These requirements may include a controlled tangential 

vent overfire air system, an adequate underfire system, elimination of all unnecessary openings, a 

controlled feed and other modifications determined necessary by ecology or the permitting

authority.
43

 (c) It shall be unlawful to install or increase the existing use of any burner that does not meet 

all requirements for new sources including those requirements specified in WAC 173-400-040 

and 173-400-050, except operating hours.

 (d) EcologyThe permit authority may establish additional requirements for wigwam and silo

burners located in sensitive areas as defined by chapter 173-440 WAC. These requirements may 

include but shall not be limited to:

 (i) A requirement to meet all provisions of WAC 173-400-040 and 173-400-050. Wigwam 

and silo burners will be considered to be in compliance if they meet the requirements contained 

in WAC 173-400-040(1).2), visible emissions. An exception is made for a startup period not to 

exceed thirty minutes in any eight consecutive hours.

 (ii) A requirement to apply BACT.

 (iii) A requirement to reduce or eliminate emissions if ecology establishes that such emissions 

unreasonably interfere with the use and enjoyment of the property of others or are a cause of 

violation of ambient air standards.

 (2) Hog fuel boilers.

 (a) Hog fuel boilers shall meet all provisions of WAC 173-400-040 and 173-400-050(1), 

except that emissions may exceed twenty percent opacity for up to fifteen consecutive minutes 

once in any eight hours. The intent of this provision is to permit theallow soot blowing and grate 

cleaning necessary to the operation of these units. This practice is to be scheduled for the same 

specific times each day and ecology or the permitting authority shall be notified of the schedule 

or any changes.

 (b) All hog fuel boilers shall utilize RACT and shall be operated and maintained to minimize 

emissions.

 (3) Orchard heating.

 (a) Burning of rubber materials, asphaltic products, crankcase oil or petroleum wastes, plastic, 

or garbage is prohibited.

 (b) It is unlawful to burn any material or operate any orchard-heating device that causes a 

visible emission exceeding twenty percent opacity, except during the first thirty minutes after 

such device or material is ignited.

 (4) Grain elevators.

 Any grain elevator which is primarily classified as a materials handling operation shall meet 

all the provisions of WAC 173-400-040 (2), (3), (4), and (5).
44

 (5) Catalytic cracking units.

 (a) All existing catalytic cracking units shall meet all provisions of WAC 173-400-040 (2), 

(3), (4), (5), (6), and (7) and:

 (i) No person shall cause or permitallow the emission for more than three minutes, in any one 

hour, of an air contaminant from any catalytic cracking unit which at the emission point, or 

within a reasonable distance of the emission point, exceeds forty percent opacity.

 (ii) No person shall cause or permitallow the emission of particulate material in excess of 0.46 

grams per dry cubic meter at standard conditions (0.20 grains/dscf) of exhaust gas.

 (b) All new catalytic cracking units shall meet all provisions of WAC 173-400-115.

 (6) Other wood waste burners.

 (a) Wood waste burners not specifically provided for in this section shall meet all applicable

provisions of WAC 173-400-040. In addition, wood waste burners subject to WAC 173-400-

050(4) or 173-400-115 (40 C.F.R. 60 subpart DDDD) must meet all applicable provisions of 

those sections.

 (b) Such wood waste burners shall utilize RACT and shall be operated and maintained to 

minimize emissions.

 (7) Sulfuric acid plants.

 No person shall cause to be discharged into the atmosphere from a sulfuric acid plant, any 

gases which contain acid mist, expressed as H2SO4, in excess of 0.15 pounds per ton of acid 

produced. Sulfuric acid production shall be expressed as one hundred percent H2SO4.

(8) Municipal solid waste landfills constructed, reconstructed, or modified before May 30, 1991. 

A municipal solid waste landfill (MSW landfill) is an entire disposal facility in a contiguous 

geographical space where household waste is placed in or on the land. A MSW landfill may also 

receive other types of waste regulated under Subtitle D of the Federal Recourse Conservation 

and Recovery Act including the following: Commercial solid waste, nonhazardous sludge, 

conditionally exempt small quantity generator waste, and industrial solid waste. Portions of an 

MSW landfill may be separated by access roads. A MSW landfill may be either publicly or 

privately owned. A MSW landfill may be a new MSW landfill, an existing MSW landfill, or a 

lateral expansion. All references in this subsection to 40 C.F.R. Part 60 rules mean those rules in 

effect on July 1, 2000.

(a) Applicability. These rules apply to each MSW landfill constructed, reconstructed, or 

modified before May 30, 1991; and the MSW landfill accepted waste at any time since 

November 8, 1987 or the landfill has additional capacity for future waste deposition. (See WAC 
45

173-400-115 for the requirements for MSW landfills constructed, reconstructed, or modified on 

or after May 30, 1991.) Terms in this subsection have the meaning given them in 40 C.F.R. 

60.751, except that every use of the word "administrator" in the federal rules referred to in this 

subsection includes the "permitting authority."

(b) Exceptions. Any physical or operational change to an MSW landfill made solely to comply 

with these rules is not considered a modification or rebuilding.

(c) Standards for MSW landfill emissions.

(i) A MSW landfill having a design capacity less than 2.5 million megagrams or 2.5 million 

cubic meters must comply with the requirements of 40 C.F.R. 60.752(a) in addition to the 

applicable requirements specified in this section.

(ii) A MSW landfill having design capacity equal to or greater than 2.5 million megagrams and 

2.5 million cubic meters must comply with the requirements of 40 C.F.R. 60.752(b) in addition 

to the applicable requirements specified in this section.

(d) Recordkeeping and reporting. A MSW landfill must follow the recordkeeping and reporting 

requirements in 40 C.F.R. 60.757 (submittal of an initial design capacity report) and 40 C.F.R. 

60.758 (recordkeeping requirements), as applicable, except as provided for under (d)(i) and (ii).

(i) The initial design capacity report for the facility is due before September 20, 2001.

(ii) The initial nonmethane organic compound (NMOC) emissions rate report is due before 

September 20, 2001.

(e) Test methods and procedures.

(i) A MSW landfill having a design capacity equal to or greater than 2.5 million megagrams and 

2.5 million cubic meters must calculate the landfill nonmethane organic compound emission 

rates following the procedures listed in 40 C.F.R. 60.754, as applicable, to determine whether the 

rate equals or exceeds 50 megagrams per year.

(ii) Gas collection and control systems must meet the requirements in 40 C.F.R. 60.752 (b)(2)(ii) 

through the following procedures:

(A) The systems must follow the operational standards in 40 C.F.R. 60.753.

(B) The systems must follow the compliance provisions in 40 C.F.R. 60.755 (a)(1) through (a)(6) 
46

to determine whether the system is in compliance with 40 C.F.R. 60.752 (b)(2)(ii).

(C) The system must follow the applicable monitoring provisions in 40 C.F.R. 60.756.

(f) Conditions. Existing MSW landfills that meet the following conditions must install a gas 

collection and control system:

(i) The landfill accepted waste at any time since November 8, 1987, or the landfill has additional 

design capacity available for future waste deposition;

(ii) The landfill has design capacity greater than or equal to 2.5 million megagrams or 2.5 million 

cubic meters. The landfill may calculate design capacity in either megagrams or cubic meters for 

comparison with the exception values. Any density conversions shall be documented and 

submitted with the report; and

(iii) The landfill has a nonmethane organic compound (NMOC) emission rate of 50 megagrams 

per year or greater.

(g) Change in conditions. After the adoption date of this rule, a landfill that meets all three 

conditions in (e) of this subsection must comply with all the requirements of this section within 

thirty months of the date when the conditions were met. This change will usually occur because 

the NMOC emission rate equaled or exceeded the rate of 50 megagrams per year.

(h) Gas collection and control systems.

(i) Gas collection and control systems must meet the requirements in 40 C.F.R. 60.752 (b)(2)(ii).

(ii) The design plans must be prepared by a licensed professional engineer and submitted to the 

permitting authority within one year after the adoption date of this section.

(iii) The system must be installed within eighteen months after the submittal of the design plans.

(iv) The system must be operational within thirty months after the adoption date of this section.

(v) The emissions that are collected must be controlled in one of three ways:

(A) An open flare designed and operated according to 40 C.F.R. 60.18;

(B) A control system designed and operated to reduce NMOC by 98 percent by weight; or
47

(C) An enclosed combustor designed and operated to reduce the outlet NMOC concentration to 

20 parts per million as hexane by volume, dry basis to three percent oxygen, or less.

(i) Air operating permit.

(i) A MSW landfill that has a design capacity less than 2.5 million megagrams or 2.5 million 

cubic meters on January 7, 2000, is not subject to the air operating permit regulation, unless the 

landfill is subject to chapter 173-401 WAC for some other reason. If the design capacity of an 

exempted MSW landfill subsequently increases to equal or exceed 2.5 million megagrams or 2.5 

million cubic meters by a change that is not a modification or reconstruction, the landfill is 

subject to chapter 173-401 WAC on the date the amended design capacity report is due.

(ii) A MSW landfill that has a design capacity equal to or greater than 2.5 million megagrams or 

2.5 million cubic meters on January 7, 2000, is subject to chapter 173-401 WAC beginning on 

the effective date of this section. (Note: Under 40 C.F.R. 62.14352(e), an applicable MSW 

landfill must have submitted its application so that by April 6, 2001, the permitting authority was 

able to determine that it was timely and complete. Under 40 C.F.R. 70.7(b), no source may 

operate after the time that it is required to submit a timely and complete application.)

(iii) When a MSW landfill is closed, the owner or operator is no longer subject to the 

requirement to maintain an operating permit for the landfill if the landfill is not subject to chapter 

173-401 WAC for some other reason and if either of the following conditions are met:

(A) The landfill was never subject to the requirement for a control system under 40 C.F.R. 

62.14353; or

(B) The landfill meets the conditions for control system removal specified in 40 C.F.R. 60.752 

(b)(2)(v).

State adopted: 3/22/91; EPA effective: 9/10/93

[Statutory Authority: Chapter 70.94 RCW. 12-24-027 (Order 11-10), § 173-400-070, filed 

11/28/12, effective 12/29/12; 11-06-060 (Order 09-01), § 173-400-070, filed 3/1/11, effective 

4/1/11. Statutory Authority: RCW 70.94.152. 05-03-033 (Order 03-07), § 173-400-070, filed 

1/10/05, effective 2/10/05. Statutory Authority: Chapter 70.94 RCW, RCW 70.94.141, 

[70.94.]152, [70.94.]331, [70.94.]510 and43.21A.080 . 01-17-062 (Order 99-06), § 173-400-

070, filed 8/15/01, effective 9/15/01. Statutory Authority: [RCW 70.94.331, 70.94.510 and 

chapter 70.94 RCW.] 00-23-130 (Order 98-27), § 173-400-070, filed 11/22/00, effective 

12/23/00. Statutory Authority: RCW 70.94.860, 70.94.510 and 70.94.331. 98-15-129 (Order 98-

04), § 173-400-070, filed 7/21/98, effective 8/21/98. Statutory Authority: Chapter 70.94 RCW. 

96-19-054 (Order 94-35), § 173-400-070, filed 9/13/96, effective 10/14/96; 91-05-064 (Order 
48

90-06), § 173-400-070, filed 2/19/91, effective 3/22/91. Statutory Authority: Chapters 43.21A 

and 70.94 RCW. 83-09-036 (Order DE 83-13), § 173-400-070, filed 4/15/83. Statutory 

Authority: RCW 70.94.331. 80-11-059 (Order DE 80-14), § 173-400-070, filed 8/20/80. 

Statutory Authority: RCW 43.21A.080 and 70.94.331. 79-06-012 (Order DE 78-21), § 173-400-

070, filed 5/8/79; Order DE 76-38, § 173-400-070, filed 12/21/76. Formerly WAC 18-04-070.]

173-400-081 Startup and shutdown.

 (1) In promulgating technology-based emission standards and making control technology 

determinations (e.g., BACT, RACT, LAER, BART) ecology and the permitting authorities 

shallwill consider any physical constraints on the ability of a source to comply with the 

applicable standard during startup or shutdown.

 (2) Where ecology or the permitting authority determines that the source or source category, 

when operated and maintained in accordance with good air pollution control practice, is not 

capable of achieving continuous compliance with an emission standard during startup or 

shutdown, ecology or the permitting authority shallmust include in the standard appropriate 

emission limitations, operating parameters, or other criteria to regulate the performance of the 

source during startup or shutdown conditions.

 (3) In modeling the emissions of a source for purposes of demonstrating attainment or 

maintenance of national ambient air quality standards, ecology and the permitting authorities 

shall take into account any incremental increase in allowable emissions under startup or 

shutdown conditions authorized by an emission limitation or other operating parameter adopted 

under this rule.

 (4) Any emission limitation or other parameter adopted under this rule which increases 

allowable emissions during startup or shutdown conditions over levels authorized in an 

approvedWashington's state implementation plan shall not take effect until approved by EPA as 

a SIP amendment.

State adopted: 9/20/93; EPA effective: 6/2/95

[Statutory Authority: Chapter 70.94 RCW. 11-06-060 (Order 09-01), § 173-400-081, filed 

3/1/11, effective 4/1/11; 93-18-007 (Order 93-03), § 173-400-081, filed 8/20/93, effective 

9/20/93.]

173-400-091 Voluntary limits on emissions.

 (1) Upon request by the owner or operator of a new or existing source, ecology or stationary 

source, the permitting authority with jurisdiction over the source shall issue a regulatory order 

that limits the source's potential to emit any air contaminant or contaminants to a level agreed to 
49

by the owner or operator and ecology or the permitting authority with jurisdiction over the 

source.

 (2) A condition contained in an order issued under this section shall be less than the source's 

or stationary source's otherwise allowable annual emissions of a particular contaminant under all 

applicable requirements of the chapter 70.94 RCW and the FCAA, including any standard or 

other requirement provided for in the Washington state implementation plan. The term 

"condition" refers to limits on production or other limitations, in addition to emission limitations.

 (3) Any order issued under this section shall include monitoring, recordkeeping and reporting 

requirements sufficient to ensure that the source or stationary source complies with any condition 

established under this section. Monitoring requirements shall use terms, test methods, units, 

averaging periods, and other statistical conventions consistent with the requirements of WAC 

173-400-105.

 (4) Any order issued under this section shall be subject to the notice and comment procedures 

undermust comply with WAC 173-400-171.

 (5) The terms and conditions of a regulatory order issued under this section shall be 

federallyare enforceable, upon approval of this section as an element of the Washington state 

implementation plan. Any proposed deviation from a condition contained in an order issued

under this section shall require revision or revocation of the order.

State adopted: 9/20/93; EPA effective: 6/2/95 

[Statutory Authority: Chapter 70.94 RCW. 11-06-060 (Order 09-01), § 173-400-091, filed 

3/1/11, effective 4/1/11; 93-18-007 (Order 93-03), § 173-400-091, filed 8/20/93, effective 

9/20/93.]

173-400-100 Registration 

(1) Except as provided in subsection (4) of this section, the owner or operator of each source 

within the following source categories shall register the source with ecology or the authority. 

(a) Agricultural drying and dehydrating operations; 

(b) Asphalt plants; 

(c) Beverage can surface coating operations; 

(d) Bulk gasoline terminals; 

(e) Cattle feedlots with facilities for one thousand or more cattle; 

(f) Chemical plants; 
50

(g) Ferrous foundries; 

(h) Fertilizer plants

(i) Flexible vinyl and urethane coating and printing operations; 

(j) Grain handling, seed processing, pea and lentil processing facilities; 

(k) Metallic mineral processing plants; 

(l) Mineralogical processing plants 

(m) Nonferrous foundries; 

(n) Other metallurgical processing plants; 

(o) Petroleum refineries; 

(p) Power boilers using coal, hog fuel, oil, or other solid or liquid fuel; 

(q) Pressure sensitive tape and label surface coating operations; 

(r) Rendering plants; 

(s) Scrap metal operations; 

(t) Synthetic organic chemical manufacturing industries; 

(u) Sulfuric acid plants; 

(v) Synthetic fiber production facilities; 

(w) Veneer dryers; 

(x) Wood waste incinerators including wigwam burners; 

(y) Other incinerators designed for a capacity of one hundred pounds per hour or more; 

(z) Stationary internal combustion engines rated at five hundred horse power or more; 

(aa) Sawmills, including processing for lumber, plywood, shake, shingle, pulpwood insulating 

board, or any combination thereof; 

(bb) Any category of stationary sources subject to a federal standard of performance (NSPS) 

under 40 CFR Part 60, other than Subpart AAA (Standards of Performance for New Residential 

Wood Heaters); 

(cc) Any source which emits a contaminant subject to a National Emission Standard for 

Hazardous Air Pollutants (NESHAPS); 
51

(dd) Any major stationary source.

(2) Registration shall be on forms to be supplied by ecology or the authority within the time 

specified on the form.

(3) A report of closure shall be filed with ecology or the authority within ninety days after 

operations producing emissions permanently cease at any source within the above categories. 

(4) Permit program sources, as defined in RCW 70.94.030(17), are not required to comply with 

the registration requirements of this section after the Environmental Protection Agency grants 

interim or final approval for the state operating permit program. 

State adopted: 9/20/93; EPA effective: 6/2/95

173-400-105 Records, monitoring, and reporting.

 The owner or operator of a source shall upon notification by the director of ecology, maintain 

records on the type and quantity of emissions from the source and other information deemed 

necessary to determine whether the source is in compliance with applicable emission limitations 

and control measures.

 (1) Emission inventory. The owner(s) or operator(s) of any air contaminant source shall 

submit an inventory of emissions from the source each year. The inventory maywill include 

stack and fugitive emissions of particulate matter, PM10PM-10, PM-2.5, sulfur dioxide, oxides 

of nitrogen, carbon monoxide, total reduced sulfur compounds (TRS), fluorides, lead, VOCs, 

ammonia, and other contaminants, and. The format for the submittal of these inventories will be 

specified by the permitting authority or ecology. When submittal of emission inventory 

information is requested, the emissions inventory shall be submitted (when required) no later 

than one hundred five days after the end of the calendar year. The owner(s) or operator(s) shall 

maintain records of information necessary to substantiate any reported emissions, consistent with 

the averaging times for the applicable standards. Emission estimates used in the inventory may 

be based on the most recent published EPA emission factors for a source category, or other 

information available to the owner(s) or operator(s), whichever is the better estimate.

 (2) Monitoring. Ecology shall conduct a continuous surveillance program to monitor the 

quality of the ambient atmosphere as to concentrations and movements of air contaminants. As a 

part of this program, the director of ecology or an authorized representative may require any 

source under the jurisdiction of ecology to conduct stack and/or ambient air monitoring and to 

report the results to ecology.

 (3) Investigation of conditions. Upon presentation of appropriate credentials, for the purpose 

of investigating conditions specific to the control, recovery, or release of air contaminants into 

the atmosphere, personnel from ecology or an authority shall have the power to enter at 
52

reasonable times upon any private or public property, excepting nonmultiple unit private 

dwellings housing one or two families.

 (4) Source testing. To demonstrate compliance, ecology or the authority may conduct or 

require that a test be conducted of the source using approved EPA methods from 40 CFR 60 

Appendix A which are adopted by reference, or approvedC.F.R. Parts 51, 60, 61 and 63 (in effect 

on July 1, 2012) or procedures contained in "Source Test Manual - Procedures for Compliance 

Testing," state of Washington, department of ecology, as of July 12, 1990September 20, 2004, 

on file at ecology. The operator of a source may be required to provide the necessary platform 

and sampling ports for ecology personnel or others to perform a test of an emissions unit. 

Ecology shall be allowed to obtain a sample from any emissions unit. The operator of the source 

shall be given an opportunity to observe the sampling and to obtain a sample at the same time.

 (5) Continuous monitoring and recording. Owners and operators of the following categories 

of sources shall install, calibrate, maintain and operate equipment for continuously monitoring 

and recording those emissions specified.

 (a) Fossil fuel-fired steam generators.

 (i) Opacity, except where: 

 (A) Steam generator capacity is less than two hundred fifty million BTU per hour heat input; 

or

 (B) Only gaseous fuel is burned.

 (ii) Sulfur dioxide, except where steam generator capacity is less than two hundred fifty 

million BTU per hour heat input or if sulfur dioxide control equipment is not required.

 (iii) Percent oxygen or carbon dioxide where such measurements are necessary for the 

conversion of sulfur dioxide continuous emission monitoring data.

 (iv) General exception. These requirements do not apply to a fossil fuel-fired steam generator 

with an annual average capacity factor of less than thirty percent, as reported to the Federal 

Power Commission for calendar year 1974, or as otherwise demonstrated to ecology or the 

authority by the owner(s) or operator(s).

 (b) Sulfuric acid plants. 

Sulfur dioxide where production capacity is more than three hundred tons per day, expressed as 

one hundred percent acid, except for those facilities where conversion to sulfuric acid is utilized 

primarily as a means of preventing emissions to the atmosphere of sulfur dioxide or other sulfur 

compounds.

 (c) Fluid bed catalytic cracking units catalyst regenerators at petroleum refineries.
53

Opacity where fresh feed capacity is more than twenty thousand barrels per day.

 (d) Wood residue fuel-fired steam generators.

 (i) Opacity, except where steam generator capacity is less than one hundred million BTU per 

hour heat input.

 (ii) Continuous monitoring equipment. The requirements of (e) of this subsection do not apply 

to wood residue fuel-fired steam generators, but continuous monitoring equipment required by 

(d) of this subsection shall be subject to approval by ecology.

 (e) Owners and operators of those sources required to install continuous monitoring 

equipment under this chaptersubsection shall demonstrate to ecology or the authority, 

compliance with the equipment and performance specifications and observe the reporting 

requirements contained in 40 CFRC.F.R. Part 51, Appendix P, Sections 3, 4 and 5, promulgated 

October 6, 1975, and amended November 7, 1986, which is adopted by reference. (in effect on 

May 1, 2012).

 (f) Special considerations. If for reason of physical plant limitations or extreme economic 

situations, ecology determines that continuous monitoring is not a reasonable requirement, 

alternative monitoring and reporting procedures will be established on an individual basis. These 

will generally take the form of stack tests conducted at a frequency sufficient to establish the 

emission levels over time and to monitor deviations in these levels.

 (g) Exemptions. This subsection (5) does not apply to any sourceemission unit which is:

(i) Subject to a new source performance standard. These sources will be governed by WAC 173-

400-115.

 (i) Required to continuously monitor emissions due to a standard or requirement contained in 

40 C.F.R. Parts 60, 61, 62, 63, or 75 or a permitting authority's adoption by reference of such 

federal standards. Emission units and sources subject to those standards shall comply with the 

data collection requirements that apply to those standards.

 (ii) Not subject to an applicable emission standard.

(h) Monitoring system malfunctions. A source may be temporarily exempted from the 

monitoring and reporting requirements of this chapter during periods of monitoring system 

malfunctions provided that the source owner(s) or operator(s) shows to the satisfaction of 

ecology or the authority that the malfunction was unavoidable and is being repaired as 

expeditiously as practicable.

(6) Change in raw materials or fuels for sources not subject to requirements of the operating 

permit program. Any change or series of changes in raw material or fuel which will result in a 

cumulative increase in emissions of sulfur dioxide of forty tons per year or more over that stated 
54

in the initial inventory required by subsection (1) of this section shall require the submittal of 

sufficient information to ecology or the authority to determine the effect of the increase upon 

ambient concentrations of sulfur dioxide. Ecology or the authority may issue regulatory orders 

requiring controls to reduce the effect of such increases. Cumulative changes in raw material or 

fuel of less than 0.5 percent increase in average annual sulfur content over the initial inventory 

shall not require such notice.

 (6) No person shall make any false material statement, representation or certification in any 

form, notice or report required under chapter 70.94 or 70.120 RCW, or any ordinance, resolution, 

regulation, permit or order in force pursuant thereto.

 (7) Continuous emission monitoring system operating requirements. All continuous emission 

monitoring systems (CEMS) required by 40 C.F.R. Parts 60, 61, 62, 63, or 75, or a permitting 

authority's adoption of those federal standards must meet the continuous emission monitoring 

systems (CEMS) performance specifications and data recovery requirements imposed by those 

standards. All CEMS required under an order, PSD permit, or regulation issued by a permitting 

authority and not subject to CEMS performance specifications and data recovery requirements 

imposed by 40 C.F.R. Parts 60, 61, 62, 63, or 75 must follow the continuous emission 

monitoring rule of the permitting authority, or if the permitting authority does not have a 

continuous emission monitoring rule, must meet the following requirements:

 (a) The owner or operator shall recover valid hourly monitoring data for at least 95 percent of 

the hours that the equipment (required to be monitored) is operated during each calendar month 

except for periods of monitoring system downtime, provided that the owner or operator 

demonstrated that the downtime was not a result of inadequate design, operation, or 

maintenance, or any other reasonable preventable condition, and any necessary repairs to the 

monitoring system are conducted in a timely manner.

 (b) The owner or operator shall install a continuous emission monitoring system that meets 

the performance specification in 40 C.F.R. Part 60, Appendix B in effect at the time of its 

installation, and shall operate this monitoring system in accordance with the quality assurance 

procedures in Appendix F of 40 C.F.R. Part 60 in effect on May 1, 2012, and the U.S. 

Environmental Protection Agency's "Recommended Quality Assurance Procedures for Opacity 

Continuous Monitoring Systems" (EPA) 340/1-86-010.

 (c) Monitoring data commencing on the clock hour and containing at least forty-five minutes 

of monitoring data must be reduced to one hour averages. Monitoring data for opacity is to be 

reduced to six minute block averages unless otherwise specified in the order of approval or 

permit. All monitoring data will be included in these averages except for data collected during 

calibration drift tests and cylinder gas audits, and for data collected subsequent to a failed quality 

assurance test or audit. After a failed quality assurance test or audit, no valid data is collected 

until the monitoring system passes a quality assurance test or audit.
55

 (d) Except for system breakdowns, repairs, calibration checks, and zero and span adjustments 

required under subsection (a) of this section, all continuous monitoring systems shall be in 

continuous operation.

 (i) Continuous monitoring systems for measuring opacity shall complete a minimum of one 

cycle of sampling and analyzing for each successive ten second period and one cycle of data 

recording for each successive six minute period.

 (ii) Continuous monitoring systems for measuring emissions other than opacity shall complete 

a minimum of one cycle of sampling, analyzing, and recording for each successive fifteen minute 

period.

 (e) The owner or operator shall retain all monitoring data averages for at least five years, 

including copies of all reports submitted to the permitting authority and records of all repairs, 

adjustments, and maintenance performed on the monitoring system.

 (f) The owner or operator shall submit a monthly report (or other frequency as directed by 

terms of an order, air operating permit or regulation) to the permitting authority within thirty 

days after the end of the month (or other specified reporting period) in which the data were 

recorded. The report required by this section may be combined with any excess emission report 

required by WAC 173-400-108. This report shall include:

 (i) The number of hours that the monitored emission unit operated each month and the 

number of valid hours of monitoring data that the monitoring system recovered each month;

 (ii) The date, time period, and cause of each failure to meet the data recovery requirements of 

(a) of this subsection and any actions taken to ensure adequate collection of such data;

 (iii) The date, time period, and cause of each failure to recover valid hourly monitoring data 

for at least 90 percent of the hours that the equipment (required to be monitored) was operated 

each day;

 (iv) The results of all cylinder gas audits conducted during the month; and

 (v) A certification of truth, accuracy, and completeness signed by an authorized representative 

of the owner or operator.

 (8) No person shall render inaccurate any monitoring device or method required under chapter 

70.94 or 70.120 RCW, or any ordinance, resolution, regulation, permit, or order in force pursuant 

thereto.

State adopted: 9/20/93; EPA effective: 6/2/95 

[Statutory Authority: Chapter 70.94 RCW. 12-24-027 (Order 11-10), § 173-400-105, filed 

11/28/12, effective 12/29/12; 11-06-060 (Order 09-01), § 173-400-105, filed 3/1/11, effective 
56

4/1/11. Statutory Authority: RCW 70.94.395 and 70.94.331. 07-11-039 (Order 06-03), § 173-

400-105, filed 5/8/07, effective 6/8/07. Statutory Authority: RCW 70.94.152. 05-03-033 (Order 

03-07), § 173-400-105, filed 1/10/05, effective 2/10/05. Statutory Authority: Chapter 70.94 RCW, 

RCW 70.94.141, [70.94.]152, [70.94.]331,[70.94.]510 and 43.21A.080. 01-17-062 (Order 99-

06), § 173-400-105, filed 8/15/01, effective 9/15/01. Statutory Authority: RCW 70.94.860, 

70.94.510 and 70.94.331. 98-15-129 (Order 98-04), § 173-400-105, filed 7/21/98, effective 

8/21/98. Statutory Authority: Chapter 70.94 RCW. 96-19-054 (Order 94-35), § 173-400-105, 

filed 9/13/96, effective 10/14/96; 93-18-007 (Order 93-03), § 173-400-105, filed 8/20/93, 

effective 9/20/93; 91-05-064 (Order 90-06), § 173-400-105, filed 2/19/91, effective 3/22/91; 87-

20-019 (Order 87-12), § 173-400-105, filed 9/30/87.]

173-400-110 New source review (NSR) for sources and portable sources.

(1) Applicability.

 (a) WAC 173-400-110, 173-400-111, 173-400-112, and 173-400-113 apply statewide except 

where a permitting authority has adopted its own new source review regulations.

 (b) This section applies to new sources and stationary sources as defined in RCW 70.94.030, 

and WAC 173-400-030, but does not include nonroad engines.

 (c) For purposes of this section:

 (i) "Establishment" means to begin actual construction;

 (ii) "New source" includes:

 (A) A modification to an existing stationary source, as "modification" is defined in WAC 

173-400-030:

 (B) The construction, modification, or relocation of a portable source as defined in WAC 173-

400-030, except those relocating in compliance with WAC 173-400-036; 

 (C) The establishment of a new or modified toxic air pollutant source, as defined in WAC 

173-460-020; and

 (D) A major modification to an existing major stationary source, as defined in WAC 173-400-

710 and 173-400-810.

 (d) New source review of a modification is limited to the emission unit or units proposed to 

be modified and the air contaminants whose emissions would increase as a result of the 

modification. Review of a major modification must comply with WAC 173-400-700 through 

173-400-750 or 173-400-800 through 173-400-860, as applicable.
57

 (e) The procedural requirements pertaining to NOC applications and orders of approval for 

new sources that are not major stationary sources, as defined in WAC 173-400-710 and 173-400-

810, shall not apply to any person conducting a remedial action at a facility pursuant to a consent 

decree, order, or agreed order issued pursuant to chapter 70.105D RCW, Model Toxics Control 

Act, or to the department of ecology when it conducts a remedial action under chapter 70.105D 

RCW. The department of ecology shall ensure compliance with the substantive requirements of 

this chapter through the consent decree, order, or agreed order issued pursuant to chapter 

70.105D RCW using the procedures outlined in WAC 173-340-710(9) or during a departmentconducted remedial action, through the procedures outlined in WAC 173-340-710(9).

 (2) Preconstruction approval requirements. The applicant must evaluate the proposed project 

and submit an application addressing all applicable new source review requirements of this 

chapter.

 (a) A notice of construction application must be filed and an order of approval must be issued 

by the permitting authority prior to the establishment of any new source or modification except 

for those new sources or modifications exempt from permitting under subsections (4), (5), and 

(6) of this section.

 (b) If the proposed project is a new major stationary source or a major modification, located 

in a designated nonattainment area, and if the project emits the air pollutant or precursors of the 

air pollutant for which the area is designated nonattainment, and the project meets the 

applicability criteria in WAC 173-400-820, then the project is subject to the permitting 

requirements of WAC 173-400-800 through 173-400-860.

 (c) If the proposed project is a new major stationary source or a major modification that meets 

the applicability criteria of WAC 173-400-720, then the project is subject to the PSD permitting 

requirements of WAC 173-400-700 through173-400-750 .

 (d) If the proposed project will increase emissions of toxic air pollutants regulated under 

chapter 173-460 WAC, then the project must meet all applicable requirements of that program.

 (3) Modifications.

 New source review is required for any modification to a stationary source that requires:

 (a) An increase in a plant-wide cap; or 

 (b) An increase in an emission unit or activity specific emission limit.

 (4) Emission unit and activity exemptions.

 The construction or modification of emission units or an activity in one of the categories 

listed below is exempt from new source review, provided that the modified unit continues to fall 

within one of the listed categories. The construction or modification of an emission unit or an 
58

activity exempt under this subsection does not require the filing of a notice of construction 

application.

 (a) Maintenance/construction:

 (i) Cleaning and sweeping of streets and paved surfaces;

 (ii) Concrete application, and installation;

 (iii) Dredging wet spoils handling and placement;

 (iv) Paving application and maintenance. This provision does not exempt asphalt plants from 

this chapter;

 (v) Plant maintenance and upkeep activities (grounds keeping, general repairs, house keeping, 

plant painting, welding, cutting, brazing, soldering, plumbing, retarring roofs, etc.);

 (vi) Plumbing installation, plumbing protective coating application and maintenance 

activities;

 (vii) Roofing application and maintenance;

 (viii) Insulation application and maintenance;

 (ix) Janitorial services and consumer use of janitorial products;

 (x) Construction activities that do not result in new or modified stationary sources or portable 

stationary sources.

 (b) Storage tanks:

Note: It can be difficult to determine requirements for storage tanks. Ecology strongly 

recommends that an owner or operator contact the permitting authority to determine the 

exemption status of storage tanks prior to their installation. 

 (i) Lubricating oil storage tanks. This provision does not exempt wholesale distributors of 

lubricating oils from this chapter;

 (ii) Polymer tanks and storage devices and associated pumping and handling equipment, used 

for solids dewatering and flocculation;

 (iii) Storage tanks, reservoirs, pumping and handling equipment of any size containing soaps, 

vegetable oil, grease, animal fat, and nonvolatile aqueous salt solutions;

 (iv) Process and white water storage tanks;
59

 (v) Operation, loading and unloading of storage tanks and storage vessels, with lids or other 

appropriate closure and less than 260-gallon capacity (35 cubic feet);

 (vi) Operation, loading and unloading of storage tanks, ≤ 1100 gallon capacity, with lids or 

other appropriate closure, not for use with materials containing toxic air pollutants, as listed in 

chapter 173-460 WAC, max. VP 550 mm mercury at 21°C;

 (vii) Operation, loading and unloading storage of butane, propane, or liquefied petroleum gas 

with a vessel capacity less than 40,000 gallons;

 (viii) Tanks, vessels and pumping equipment, with lids or other appropriate closure for 

storage or dispensing of aqueous solutions of inorganic salts, bases and acids.

 (c) New or modified emission units with combined aggregate heat inputs to combustion units 

(excluding emergency engines exempted by subsection (4)(h)(xxxix) of this section), less than or 

equal to all of the following, as applicable:

 (i) ≤ 500,000 Btu/hr using coal with ≤ 0.5% sulfur or other solid fuels with ≤ 0.5% sulfur;

 (ii) ≤ 500,000 Btu/hr using used oil, per the requirements of RCW 70.94.610;

 (iii) ≤ 400,000 Btu/hr using wood waste or paper;

 (iv) ≤ 1,000,000 Btu/hr using gasoline, kerosene, #1, or #2 fuel oil and with ≤0.05% sulfur;

 (v) ≤ 4,000,000 Btu/hr using natural gas, propane, or LPG.

 (d) Material handling:

 (i) Continuous digester chip feeders;

 (ii) Grain elevators not licensed as warehouses or dealers by either the Washington state 

department of agriculture or the U.S. Department of Agriculture;

 (iii) Storage and handling of water based lubricants for metal working where organic content 

of the lubricant is ≤ 10%;

 (iv) Equipment used exclusively to pump, load, unload, or store high boiling point organic 

material in tanks less than one million gallon, material with initial atmospheric boiling point not 

less than 150°C or vapor pressure not more than 5 mm mercury at 21°C, with lids or other 

appropriate closure.

 (e) Water treatment:

 (i) Septic sewer systems, not including active wastewater treatment facilities;
60

 (ii) NPDES permitted ponds and lagoons used solely for the purpose of settling suspended 

solids and skimming of oil and grease;

 (iii) De-aeration (oxygen scavenging) of water where toxic air pollutants as defined in chapter 

173-460 WAC are not emitted;

 (iv) Process water filtration system and demineralizer vents;

 (v) Sewer manholes, junction boxes, sumps and lift stations associated with wastewater 

treatment systems;

 (vi) Demineralizer tanks;

 (vii) Alum tanks;

 (viii) Clean water condensate tanks.

 (f) Environmental chambers and laboratory equipment:

 (i) Environmental chambers and humidity chambers using only gases that are not toxic air 

pollutants listed in chapter 173-460 WAC;

 (ii) Gas cabinets using only gases that are not toxic air pollutants regulated under chapter 173-

460 WAC;

 (iii) Installation or modification of a single laboratory fume hood;

 (iv) Laboratory research, experimentation, analysis and testing at sources whose primary 

purpose and activity is research or education. To be exempt, these sources must not engage in the 

production of products, or in providing commercial services, for sale or exchange for 

commercial profit except in a de minimis manner. Pilot-plants or pilot scale processes at these 

sources are not exempt.

 (v) Laboratory calibration and maintenance equipment.

 (g) Monitoring/quality assurance/testing:

 (i) Equipment and instrumentation used for quality control/assurance or inspection purpose;

 (ii) Hydraulic and hydrostatic testing equipment;

 (iii) Sample gathering, preparation and management;

 (iv) Vents from emission monitors and other analyzers.

 (h) Miscellaneous:
61

 (i) Single-family residences and duplexes;

 (ii) Plastic pipe welding;

 (iii) Primary agricultural production activities including soil preparation, planting, fertilizing, 

weed and pest control, and harvesting;

 (iv) Comfort air conditioning;

 (v) Flares used to indicate danger to the public;

 (vi) Natural and forced air vents and stacks for bathroom/toilet activities;

 (vii) Personal care activities;

 (viii) Recreational fireplaces including the use of barbecues, campfires, and ceremonial fires;

 (ix) Tobacco smoking rooms and areas;

 (x) Noncommercial smokehouses;

 (xi) Blacksmith forges for single forges;

 (xii) Vehicle maintenance activities, not including vehicle surface coating;

 (xiii) Vehicle or equipment washing (see (c) of this subsection for threshold for boilers);

 (xiv) Wax application;

 (xv) Oxygen, nitrogen, or rare gas extraction and liquefaction equipment not including 

internal and external combustion equipment;

 (xvi) Ozone generators and ozonation equipment;

 (xvii) Solar simulators;

 (xviii) Ultraviolet curing processes, to the extent that toxic air pollutant gases as defined in 

chapter 173-460 WAC are not emitted;

 (xix) Electrical circuit breakers, transformers, or switching equipment installation or 

operation;

 (xx) Pulse capacitors;

 (xxi) Pneumatically operated equipment, including tools and hand held applicator equipment 

for hot melt adhesives;

 (xxii) Fire suppression equipment;
62

 (xxiii) Recovery boiler blow-down tank;

 (xxiv) Screw press vents;

 (xxv) Drop hammers or hydraulic presses for forging or metal working;

 (xxvi) Production of foundry sand molds, unheated and using binders less than 0.25% free 

phenol by sand weight;

 (xxvii) Kraft lime mud storage tanks and process vessels;

 (xxviii) Lime grits washers, filters and handling;

 (xxix) Lime mud filtrate tanks;

 (xxx) Lime mud water;

 (xxxi) Stock cleaning and pressurized pulp washing down process of the brown stock washer;

 (xxxii) Natural gas pressure regulator vents, excluding venting at oil and gas production 

facilities and transportation marketing facilities;

 (xxxiii) Solvent cleaners less than 10 square feet air-vapor interface with solvent vapor 

pressure not more than 30 mm mercury at 21°C where no toxic air pollutants as listed under 

chapter 173-460 WAC are emitted;

 (xxxiv) Surface coating, aqueous solution or suspension containing ≤ 1% (by weight) VOCs, 

or ≤ 1% (by weight) toxic air pollutants as listed in chapter 173-460 WAC;

 (xxxv) Cleaning and stripping activities and equipment using solutions having ≤ 1% VOCs 

(by weight) or ≤ 1% (by weight) toxic air pollutants. Acid solutions used on metallic substances 

are not exempt;

 (xxxvi) Dip coating operations, using materials less than 1% VOCs (by weight) or ≤ 1% (by 

weight) toxic air pollutants as listed in chapter 173-460 WAC.

 (xxxvii) Abrasive blasting performed inside a booth or hangar designed to capture the blast 

grit or overspray.

 (xxxviii) For structures or items too large to be reasonably handled indoors, abrasive blasting 

performed outdoors that employs control measures such as curtailment during windy periods and 

enclosure of the area being blasted with tarps and uses either steel shot or an abrasive containing 

less than one percent (by mass) which would pass through a No. 200 sieve.

 (xxxix) Stationary emergency internal combustion engines with an aggregate brake 

horsepower that is less than or equal to 500 brake horsepower.
63

 (xl) Gasoline dispensing facilities with annual gasoline throughputs less than those specified 

in WAC 173-491-040 (4)(a). Gasoline dispensing facilities subject to chapter 173-491 WAC are 

exempt from toxic air pollutant analysis pursuant to chapter 173-460 WAC.

 (5) Exemptions based on emissions.

 (a) Except as provided in this subsection:

 (i) Construction of a new emissions unit that has a potential to emit below each of the levels 

listed in Table 110(5) Exemption levels is exempt from new source review.

 (ii) A modification to an existing emissions unit that increases the unit's actual emissions by 

less than each of the threshold levels listed in Table 110(5) Exemption levels of this subsection is 

exempt from new source review.

 (b) Greenhouse gas emissions are exempt from new source review requirements except to the 

extent required under WAC 173-400-720, prevention of significant deterioration. The owner or 

operator of a source or emission unit, may request that the permitting authority impose emission 

limits and/or operation limitations for greenhouse gas in any new source review order of 

approval.

 Table 110(5) Exemption levels:

POLLUTANT LEVEL (TONS PER 

YEAR) 

Carbon monoxide 5.0 

Lead 0.005 

Nitrogen oxides 2.0 

PM-10 0.75 

PM-2.5 0.5 

Total suspended particulates 1.25 

Sulfur dioxide 2.0 

Volatile Organic Compounds, 

total 

2.0 

Ozone Depleting Substances, 

total 

1.0 

Toxic Air Pollutants The de minimis 

emission rate specified 

for each TAP in WAC 

173-460-150. 
64

 (6) Portable source with order of approval. A portable source is authorized to operate 

without obtaining a site-specific or a permitting authority specific approval order to relocate if 

the portable source complies with the provisions of WAC 173-400-036.

State adopted: 9/20/93; EPA effective: 6/2/95

[Statutory Authority: Chapter 70.94 RCW. 12-24-027 (Order 11-10), § 173-400-110, filed 

11/28/12, effective 12/29/12; 11-06-060 (Order 09-01), § 173-400-110, filed 3/1/11, effective 

4/1/11. Statutory Authority: Washington Clean Air Act, RCW 70.94.152. 09-11-131 (Order 05-

19), § 173-400-110, filed 5/20/09, effective 6/20/09. Statutory Authority: RCW 70.94.395 and 

70.94.331. 07-11-039 (Order 06-03), § 173-400-110, filed 5/8/07, effective 6/8/07. Statutory 

Authority: RCW 70.94.152. 05-03-033 (Order 03-07), § 173-400-110, filed 1/10/05, effective 

2/10/05. Statutory Authority: Chapter 70.94 RCW, RCW 70.94.141, [70.94.]152,[70.94.]331 , 

[70.94.]510 and 43.21A.080. 01-17-062 (Order 99-06), § 173-400-110, filed 8/15/01, effective 

9/15/01. Statutory Authority: RCW 70.94.860, 70.94.510 and 70.94.331. 98-15-129 (Order 98-

04), § 173-400-110, filed 7/21/98, effective 8/21/98. Statutory Authority: RCW 70.94.152. 98-01-

183 (Order 96-01), § 173-400-110, filed 12/23/97, effective 1/23/98. Statutory Authority: 

Chapter 70.94 RCW. 93-18-007 (Order 93-03), § 173-400-110, filed 8/20/93, effective 9/20/93; 

91-05-064 (Order 90-06), § 173-400-110, filed 2/19/91, effective 3/22/91. Statutory Authority: 

Chapters 43.21A and 70.94 RCW. 83-09-036 (Order DE 83-13), § 173-400-110, filed 4/15/83. 

Statutory Authority: RCW 70.94.331, 70.94.510, and 70.94.785. 81-03-002 (Order DE 80-53), § 

173-400-110, filed 1/8/81. Statutory Authority: RCW 70.94.331. 80-11-059 (Order DE 80-14), § 

173-400-110, filed 8/20/80. Statutory Authority: RCW 43.21A.080 and 70.94.331. 79-06-012 

(Order DE 78-21), § 173-400-110, filed 5/8/79; Order DE 76-38, § 173-400-110, filed 12/21/76. 

Formerly WAC 18-04-110.]

173-400-111 Processing notice of construction applications for sources, stationary sources 

and portable sources.

173-400-110 NEW SOURCE REVIEW (NSR) 

 WAC 173-400-110, 173-400-111, 173-400-112, and 173-400-113 apply statewide except where 

a permitting authority has adopted its own new source review regulations.

 (1) Completeness Determinationdetermination.

 (a) Within thirty days of receipt ofafter receiving a notice of construction application, ecology 

or the permitting authority shallmust either notify the applicant in writing that the application is 

complete or notify the applicant in writing of all additional information necessary, based upon 

review of information already supplied, to complete the application. For a project subject to PSD 

review under WAC 173-400-141 a completeness determination includes a determination that the 
65

application provides all information required to conduct PSD review. to complete the 

application.

(3) Final Determination 

(a) Within sixty days of receipt of a complete application, ecology or the authority shall either 

issue a final decision on the application or, for those projects subject to public notice, initiate 

notice and comment procedures under WAC 173-400-171 on a proposed decision, followed as 

promptly as possible by a final decision. (b) A complete application contains all the 

information necessary for processing the application. At a minimum, the application must 

provide information on the nature and amounts of emissions to be emitted by the proposed new 

source or increased as part of a modification, as well as the location, design, construction, and 

operation of the new source as needed to enable the permitting authority to determine that the 

construction or modification will meet the requirements of WAC 173-400-113. Designating an 

application complete for purposes of permit processing does not preclude the reviewing authority 

from requesting or accepting any additional information.

 (c) For a project subject to the special protection requirements for federal Class I areas under 

WAC 173-400-117(2), a completeness determination includes a determination that the 

application includes all information required for review of that project under WAC 173-400-

117(3). The applicant must send a copy of the application and all amendments to the application 

to the EPA and the responsible federal land manager.

 (d) For a project subject to the major new source review requirements in WAC 173-400-800 

through 173-400-860, the completeness determination includes a determination that the 

application includes all information required for review under those sections.

 (e) An application is not complete until any permit application fee required by the permitting 

authority has been paid.

 (2) Coordination with chapter 173-401 WAC, operating permit regulation. 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 or amendment required under RCW 70.94.161chapter 

173-401 WAC and the notice of construction application required by this section. A notice of 

construction application designated for integrated review shallmust be processed in accordance 

with operating permit program procedures and deadlines. in chapter 173-401 WAC and must 

comply with WAC 173-400-171.

 (3) Criteria for approval of a notice of construction application. An order of approval cannot 

be issued until the following criteria are met as applicable:

 (a) The requirements of WAC 173-400-112;

 (b) The requirements of WAC 173-400-113;
66

 (c) The requirements of WAC 173-400-117;

 (d) The requirements of WAC 173-400-171;

 (e) The requirements of WAC 173-400-200 and 173-400-205;

 (f) The requirements of WAC 173-400-700 through173-400-750 ;

 (g) The requirements of WAC 173-400-800 through173-400-860 ;

 (h) The requirements of chapter 173-460 WAC; and

 (i) All fees required under chapter 173-455 WAC (or the applicable new source review fee 

table of the local air pollution control authority) have been paid.

 (4) Final determination - Time frame and signature authority.

 (a) Within sixty days of receipt of a complete notice of construction application, the 

permitting authority must either:

 (i) Issue a final decision on the application; or

 (ii) Initiate notice and comment for those projects subject to WAC 173-400-171 followed as 

promptly as possible by a final decision.

 (b) Every final determination on a notice of construction application shallmust be reviewed 

and signed prior to issuance by a professional engineer or staff under the direct supervision of a 

professional engineer in the employ of ecology or the permitting authority. 

(c

 (5) Distribution of the final decision.

 (a) The permitting authority must promptly provide copies of each order approving or 

denying a notice of construction application to the applicant and to any other party who 

submitted timely comments on the application, along with a notice advising parties of their rights 

of appeal to the pollution control hearings board.

 (b) If the new source is a major stationary source or the change is a major modification, 

ecology or subject to the requirements of WAC 173-400-800 through 173-400-860, the 

permitting authority shall submitmust:

 (i) Submit any control technology (LAER) determination included in a final order of approval 

to the RACT/BACT/LAER clearinghouse maintained by EPA. ; and

(4) Appeals An order (ii) Send a copy of the final approval, any order to EPA. 
67

 (6) Appeals. Any conditions contained in an order of approval, or the denial of a notice of 

construction application may be appealed to the pollution control hearings board as provided in 

chapter 43.21B RCW. Ecology or the authority shall promptly mail copies of each order 

approving or denying a notice of construction application to the applicant and to any other party 

who submitted timely comments on the application, along with a notice advising parties of their 

rights of appeal to the Pollution Control Hearings Board and, where applicable, to the EPA 

Environmental Appeals Board. under chapters 43.21B RCW and 371-08 WAC.

(5) Portable Sources For portable sources which located temporarily at particular sites, the 

owner(s) or operator(s) shall be allowed to operate at the temporary location without filing a 

notice of construction application, providing that the owner(s) or operator(s) notifies ecology or 

the authority of intent to operate at the new location at least thirty days prior to starting the 

operation, and supplies sufficient information to enable ecology or the authority to determine that 

the operation will comply with the emission standards for a new source, and will not a cause a 

violation of applicable ambient air quality standards and , if in a nonattainment area, will not 

interfere with scheduled attainment of ambient standards. The permission to operate shall be for 

a limited period of time (one year or less) and ecology or the authority may set specific 

conditions for operation during that period. A temporary source shall be required to comply with 

all applicable emission standards. 

(6 (7) Construction time limitations.

 (a) Approval to construct or modify a stationary source shall becomebecomes invalid if 

construction is not commenced within eighteen months after receipt of suchthe approval, if 

construction is discontinued for a period of eighteen months or more, or if construction is not 

completed within a reasonable time. Ecology or theThe permitting authority may extend the 

eighteen-month period upon a satisfactory showing by the permittee that an extension is justified. 

 (b) The extension of a project that is either a major stationary source, as defined in WAC 173-

400-810, in a nonattainment area or a major modification, as defined in WAC 173-400-810, of a 

major stationary source in a nonattainment area must also require LAER, for the pollutants for 

which the area is classified as nonattainment, as LAER exists at the time of the extension for the 

pollutants that were subject to LAER in the original approval. 

 (c) This provision does not apply to the time period between construction of the approved 

phases of a phased construction project; each. Each phase must commence construction within 

eighteen months of the projected and approved commencementcommence construction date. 

 (8) Change of conditions or revisions to orders of approval.

 (a) The owner or operator may request, at any time, a change in the conditions of an approval 

order and the permitting authority may approve the request provided the permitting authority 

finds that:
68

 (i) The change in conditions will not cause the source to exceed an emissions standard set by 

regulation or rule;

 (ii) No ambient air quality standard will be exceeded as a result of the change;

 (iii) The change will not adversely impact the ability of the permitting authority to determine 

compliance with an emissions standard;

 (iv) The revised order will continue to require BACT for each new source approved by the 

order except where the Federal Clean Air Act requires LAER; and

 (v) The revised order meets the requirements of WAC 173-400-111, 173-400-112, 173-400-

113, 173-400-720, 173-400-830, and 173-460-040, as applicable.

 (b) Actions taken under this subsection are subject to the public involvement provisions of 

WAC 173-400-171 or the permitting authority's public notice and comment procedures.

 (c) The applicant must consider the criteria in 40 C.F.R. 52.21 (r)(4) as adopted by reference 

in WAC 173-400-720 or 173-400-830(3), as applicable, when determining which new source 

review approvals are required.

 (9) Fees. Chapter 173-455 WAC lists the required fees payable to ecology for various permit 

actions.

 (10) Enforcement. All persons who receive an order of approval must comply with all 

approval conditions contained in the order of approval.

State adopted: 9/20/93; EPA effective: 6/2/95 

[Statutory Authority: Chapter 70.94 RCW. 12-24-027 (Order 11-10), § 173-400-111, filed 

11/28/12, effective 12/29/12; 11-06-060 (Order 09-01), § 173-400-111, filed 3/1/11, effective 

4/1/11.]

173-400-112 Requirements for new sources in nonattainment areas. — Review for 

compliance with regulations.

Ecology or an110, 173-400-111, 173-400-112, and 173-400-113 apply statewide except where a 

permitting authority has adopted its own new source review regulations. The permitting authority 

that is reviewing an application required by WAC 173-400-110(2) to establish a new source or 

modification in a nonattainment area, shall issue anthe order of approval, which order shall 

contain such conditions as are reasonably necessary to assure the maintenance of compliance 

with this chapter, if they determineit determines that the proposed project satisfies each of the 

following requirements:
69

 (1) The proposed new source or modification will comply with all applicable new source 

performance standards, national emission standards for hazardous air pollutants, national 

emission standards for hazardous air pollutants for source categories, emission standards adopted 

under chapter 70.94 RCW and, for sources regulated by an authority, the applicable emission 

standards of that authority.

 (2) The proposed new source will employ BACT for all air contaminants, except that if the 

new source is a major stationary source or the proposed modification is a major modification it

will achieve LAER for theany air contaminants for which the:

 (a) The area has been designated nonattainment; and for which the

 (b)(i) The proposed new source is major; or

 (ii) The existing source is major and the major modification is majorsignificant.

(3) The proposed new source (3) The proposed new source will employ BACT for those air 

contaminants not subject to LAER that the new source will emit or for which the proposed 

modification will cause an emissions increase.

 (4) The proposed new source or modification will not cause any ambient air quality standard 

to be exceeded, will not violate the requirements for reasonable further progress established by 

the state implementation planSIP and will comply with WAC 173-400-113 (3) and (4) for all air

contaminants for which the area has not been designated nonattainment.

(4 (5) If the proposed new sourceproposal is a new major stationary source or the proposed 

modification is a major modification as those terms are defined in WAC 173-400-810 then it 

must also comply with WAC 173-400-800 through 173-400-860., ecology or the authority has 

determined, based on review of an analysis performed by the source of alternative sites, sizes, 

production processes, and environmental control techniques, that the benefits of the project 

significantly outweigh the environmental and social costs imposed as a result of its location, 

construction, or modification.

(5) If the proposed new source or the proposed modification is major for the contaminant for 

which the area is designated nonattainment, allowable emissions from the proposed new source 

or modification of that contaminant those terms are offset by reductions in actual emissions from 

existing sources in the nonattainment area. Emission offsets defined in WAC 173-400-810 then it 

must be sufficient to ensure that total allowable emissions from existing major stationary sources 

in the nonattainment area, new or modified sources which are not major stationary sources, and 

the proposed new or modified source will be less than total actual emissions from existing 

sources (prior to submittal of the application) so as to represent (when considered togetheralso 

comply with the nonattainment provisions of section 172 of the FCAA) reasonable further 

progress. All offsetting emission reductions must satisfy the following requirements:
70

(a) The proposed new level of allowable emissions of the source or emission unit(s) providing 

the reduction must be less than the current level of actual emissions of that source or emissions 

unit(s). No emission reduction can be credited for actual emissions which exceed the current 

allowable emissions of the source or emissions unit(s) providing the reduction. Emission 

reductions imposed by local, state, or federal regulations, regulatory orders, or permits cannot be 

credited.

(b) The emission reductions must provide for a net air quality benefit. For marginal ozone 

nonattainment areas, the total emissions of volatile organic compounds or total emissions of 

nitrogen oxides are reduced by a ratio of 1.1 to 1 for the area in which the new source is located. 

For any other nonattainment area, the emissions offsets must provide a positive net air quality 

benefit in the nonattainment area. Determinations on whether emissions offsets provide a 

positive net air quality benefit will be made in accordance with the guidelines contained in 40 

CFR 51 Appendix S.

(c) If the offsets are provided by another source, the reductions in emissions from that source 

must be federally enforceable by the time the new or modified source commences operation. The 

new source may not commence operation before the date such reductions are actually achieved. 

An emission reduction credit issued under WAC 173-400-131 may be used to satisfy some or all 

of the offset requirements of this subsection.

(6) If the proposed new source is a major stationary source or the proposed modification is a 

major modification, the owner or operator has demonstrated that all major stationary sources 

owned or operated by such person (or by any entity controlling, controlled by, or under common 

control with such person) in Washington are subject to emission limitations and are in 

compliance, or on a schedule for compliance, with all applicable emission limitations and 

standards under the Federal Clean Air Act, including all rules contained in an EPA-approved 

state implementation plan.

(7) If the proposed new source is a major stationary source or the proposed modification is a 

major modification for the purposes of the PSD program described in WAC 173-400-141, it 

meets the requirements of that program for all contaminants for which the area has not been 

designated nonattainment800 through 173-400-860.

(8) If the proposed new source or modification will emit any toxic air pollutants regulated under 

chapter 173-460 WAC, the source meets all applicable requirements of that chapter.

(9) If the proposed new source is a major stationary source or the proposed modification is a 

major modification, ecology or the authority has complied with the visibility protection review 

requirements of 40 CFR 52.28(c) through (e) except for (c)(4)(i), (g), and (h), as in effect on 

March 3, 1993, and determined that the project meets the criteria set forth in 40 CFR 52.28(g). 

For purposes of this subsection, definitions referenced in 40 CFR 52.28(b) are incorporated by 

reference, except that the term "visibility protection area" means any Class I area, and terms 
71

defined in WAC 173-400-030 shall have the meanings defined in that section. References in 40 

CFR 52.28 to "the Administrator" shall mean the agency (either ecology or the authority) 

processing the notice of construction application.

State adopted: 9/20/93; EPA effective: 6/2/95 

[Statutory Authority: Chapter 70.94 RCW. 12-24-027 (Order 11-10), § 173-400-112, filed 

11/28/12, effective 12/29/12; 11-06-060 (Order 09-01), § 173-400-112, filed 3/1/11, effective 

4/1/11. Statutory Authority: RCW 70.94.152. 05-03-033 (Order 03-07), § 173-400-112, filed 

1/10/05, effective 2/10/05. Statutory Authority: Chapter 70.94 RCW, RCW 70.94.141, 

[70.94.]152, [70.94.]331, [70.94.]510 and43.21A.080 . 01-17-062 (Order 99-06), § 173-400-

112, filed 8/15/01, effective 9/15/01. Statutory Authority: Chapter 70.94 RCW. 93-18-007 (Order 

93-03), § 173-400-112, filed 8/20/93, effective 9/20/93.]

173-400-113 Requirements for new sources in attainment or unclassifiable areas. New 

sources in attainment or unclassifiable areas — Review for compliance with regulations.

 Ecology or an WAC 173-400-110, 173-400-111, 173-400-112, and 173-400-113 apply 

statewide except where a permitting authority has adopted its own new source review 

regulations. The permitting authority that is reviewing an application to establish a new source or 

modification in an area that is in attainment or unclassifiable for any air contaminant the new 

source would emit and that is in attainment or unclassifiable for ozone if the proposed new or 

modified source would emit VOCs or NOX, area shall issue an order of approval, which order 

shall contain such conditions as are reasonably necessary to assure the maintenance of 

compliance with this chapter, if they determine if it determines that the proposed project satisfies 

alleach of the following requirements:

 (1) The proposed new source or modification will comply with all applicable new source 

performance standards, national emission standards for hazardous air pollutants, national 

emission standards for hazardous air pollutants for source categories, emission standards adopted 

under chapter 70.94 RCW and, for sources regulated by an authority, the applicable emission 

standards of that authority.

 (2) The proposed new source or modification will employ BACT for all pollutants not 

previously emitted or whose emissions would increase as a result of the new source or 

modification.

 (3) Allowable emissions from the proposed new source or the increase in emissions from the 

proposed modification will not delay the attainment date for an area not in attainment nor cause 

or contribute to a violation of any ambient air quality standard. This requirement will be 

considered to be met if the If the modeled concentrations of allowable emissions from the 

proposed new source or the increase in emissions from the proposed modification are below the 
72

levels in Table 4a, the proposed source does not contribute to a violation of an ambient air 

quality standard.

 (4)(a) If the projected impact of the allowable emissions from the proposed new major 

stationary source (as defined in WAC 173-400-810) or the projected impact of the increase in 

allowable emissions from the proposed major modification (as defined in WAC 173-400-810) at 

any location within a nonattainment area does not exceed the following levels for the 

pollutant(s)pollutants for which the area has been designated nonattainment, then the proposed 

new source or modification will not be considered to cause or contribute to a violation of an 

ambient air quality standard:

Table 4a: Cause or Contribute Threshold Values for Nonattainment Area Impacts

Pollutant Annual 

Average 

24-Hour 

Average 

8-Hour 

Average 

3-Hour 

Average 

1-Hour 

Average 

CO - - 0.5 mg/m3 - 2 mg/m3

SO2 1.0 ugμg/m3 5ugμg/m3- 25 ugμg/m3 30 ugμg/m3 

PM10 1.0 ugμg/m35ugμg/m3- - -

PM2.5 0.3 μg/m3 1.2 μg/m3 

NO2 1.0 ugμg/m3 - - - -

An offsetting emission reduction may be used to satisfy some or all of the requirements of this 

subsection.

(4) If the proposed new source is a major stationary source or the proposed modification is a 

major modification for purposes of the PSD program described in WAC 173-400-141, it meets 

all applicable requirements of that chapter.

(5) If the proposed new source or the proposed modification will emit any toxic air pollutants 

regulated under chapter 173-460 WAC, the source meets all applicable requirements of that 

program.

(6) If, within the meaning of the PSD program described in WAC 173-400-141, the proposed 

new source is a major stationary source or the proposed modification is a major modification, 

ecology or the authority has complied with the visibility protection review requirements of 40 

CFR 52.27(d) through (f), as in effect on March 3, 1993, and has determined that the source 

would not cause an adverse impact upon visibility. References in 40 CFR 52.27 to "the 

Administrator" shall mean the agency (either ecology or the authority) processing the notice of 

construction application.

 (b) If the projected impact of the allowable emissions from the proposed new major stationary 

source (as defined in WAC 173-400-810) or the projected impact of the increase in allowable 

emissions from the proposed major modification (as defined in WAC 173-400-810) results in a 
73

projected impact at any location inside a nonattainment area above the appropriate value in Table 

4a of this section may use an offsetting emission reduction or other method identified in 40 

C.F.R. Part 51 Appendix S, Sections III and IV.A which reduce the projected impacts to the 

above values or less. If the owner or operator of the proposed new major stationary source or 

major source proposed to be modified is unable to reduce emissions or obtain offsetting 

emissions reductions adequate to reduce modeled impacts below the values in Table 4a of this 

section, then the permitting authority shall deny approval to construct and operate the proposed 

new major stationary source or major modification.

 (5) If the proposal is a new major stationary source or a major modification as defined in 

WAC 173-400-720, then it must also comply with WAC 173-400-700 through 173-400-750.

State adopted: 9/20/93; EPA effective: 6/2/95 

[Statutory Authority: Chapter 70.94 RCW. 12-24-027 (Order 11-10), § 173-400-113, filed 

11/28/12, effective 12/29/12; 11-06-060 (Order 09-01), § 173-400-113, filed 3/1/11, effective 

4/1/11. Statutory Authority: RCW 70.94.152. 05-03-033 (Order 03-07), § 173-400-113, filed 

1/10/05, effective 2/10/05. Statutory Authority: Chapter 70.94 RCW, RCW 70.94.141, 

[70.94.]152, [70.94.]331, [70.94.]510 and43.21A.080 . 01-17-062 (Order 99-06), § 173-400-

113, filed 8/15/01, effective 9/15/01. Statutory Authority: Chapter 70.94 RCW. 93-18-007 (Order 

93-03), § 173-400-113, filed 8/20/93, effective 9/20/93.]

173-400-116 Increment protection.

 This section takes effect on the effective date of EPA's incorporation of this section into the 

Washington state implementation plan.

 (1) Ecology will periodically review increment consumption. Within sixty days of the time 

that information becomes available to ecology that an applicable increment is or may be violated, 

ecology will review the state implementation plan for its adequacy to protect the increment from 

being exceeded. The plan will be revised to correct any inadequacies identified or to correct the 

increment violation. Any changes to the state implementation plan resulting from the review will 

be subject to public involvement in accordance with WAC 173-400-171 and EPA approval.

 (2) PSD increments are published in 40 C.F.R. 52.21(c) as adopted by reference in WAC 173-

400-720 (4)(a)(iv).

 (3) Exclusions from increment consumption. The following concentrations are excluded when 

determining increment consumption:

 (a) Concentrations of particulate matter, PM-10, or PM-2.5, attributable to the increase in 

emissions from construction or other temporary emission-related activities of new or modified 

sources;
74

 (b) The increase in concentrations attributable to new sources outside the United States over 

the concentrations attributable to existing sources which are included in the baseline 

concentration; and

 (c) Concentrations attributable to the temporary increase in emissions of sulfur dioxide, 

particulate matter, or nitrogen oxides from stationary sources, which are affected by a revision to 

the SIP approved by the administrator of the environmental protection agency. Such a revision 

must:

 (i) Specify the time over which the temporary emissions increase of sulfur dioxide, particulate 

matter, or nitrogen oxides would occur. Such time is not to exceed two years in duration unless a 

longer time is approved by the administrator.

 (ii) Specify that the time period for excluding certain contributions in accordance with (c)(i) 

of this subsection is not renewable;

 (iii) Allow no emissions increase from a stationary source, which would:

 (A) Impact a Class I area or an area where an applicable increment is known to be violated; or

 (B) Cause or contribute to the violation of a national ambient air quality standard.

 (iv) Require limitations to be in effect by the end of the time period specified in accordance 

with (c)(i) of this subsection, which would ensure that the emissions levels from stationary 

sources affected by the plan revision would not exceed those levels occurring from such sources 

before the plan revision was approved.

[Statutory Authority: Chapter 70.94 RCW. 11-17-037 (Order 11-04), § 173-400-116, filed 

8/10/11, effective 9/10/11; 11-06-060 (Order 09-01), § 173-400-116, filed 3/1/11, effective 

4/1/11. Statutory Authority: RCW 70.94.181,[70.94.]152 , [70.94.]331, [70.94.]650, 

[70.94.]745,[70.94.]892 , [70.94.]011. 07-19-005 (Order 07-10), § 173-400-116, filed 9/6/07, 

effective 10/7/07. Statutory Authority: RCW 70.94.152. 05-03-033 (Order 03-07), § 173-400-

116, filed 1/10/05, effective 2/10/05. Statutory Authority: Chapter 70.94 RCW, RCW 70.94.141, 

[70.94.]152,[70.94.]331 , [70.94.]510 and 43.21A.080. 01-17-062 (Order 99-06), § 173-400-

116, filed 8/15/01, effective 9/15/01. Statutory Authority: Chapter 70.94 RCW. 96-19-054 (Order 

94-35), § 173-400-116, filed 9/13/96, effective 10/14/96. Statutory Authority: RCW 70.94.153 

and 70.94.154. 94-17-070, § 173-400-116, filed 8/15/94, effective 9/15/94.]

173-400-117 Special protection requirements for federal Class I areas.

(1) Definitions. The following definitions apply to this section:
75

 (a) "Adverse impact on visibility" means visibility impairment that interferes with the 

management, protection, preservation, or enjoyment of the visitor's visual experience of the 

federal Class I area. This determination must be made on a case-by-case basis taking into 

account the geographic extent, intensity, duration, frequency, and time of visibility impairment, 

and how these factors correlate with:

 (i) Times of visitor use of the federal Class I area; and

 (ii) The frequency and timing of natural conditions that reduce visibility.

 (b) The terms "major stationary source," "major modification," and "net emissions increase" 

are defined in WAC 173-400-720 for projects located in areas designated as attainment or 

unclassifiable for the pollutants proposed to increase as a result of the project and are defined in 

WAC 173-400-810 for projects located in areas designated as nonattainment for the pollutants 

proposed to increase as a result of the project.

 (2) Applicability. The requirements of this section apply to all of the following permitting 

actions:

 (a) A PSD permit application for a new major stationary source or a major modification; or

 (b) A notice of construction application for a major stationary source or a major modification 

to a stationary source in a nonattainment area, as either of those terms are defined in WAC 173-

400-810.

 (3) Contents and distribution of application.

 (a) The application shall include an analysis of the anticipated impacts of the project on 

visibility in any federal Class I area.

 (b) The applicant must mail a copy of the application for the project and all amendments to 

the application to the permitting authority, EPA and to the responsible federal land managers. 

Ecology will provide a list of the names and addresses of the federal land manager.

 (4) Notice to federal land manager.

 (a) The permitting authority shall send a copy of the completeness determination to the 

responsible federal land manager.

 (b) If, prior to receiving a notice of construction application or a PSD permit application, the 

permitting authority receives notice of a project described in subsection (2) of this section that 

may affect visibility in a federal Class I area, the permitting authority shall notify the responsible 

federal land manager within thirty days of the notification.

 (5) Analysis by federal land manager.
76

 (a) The permitting authority will consider any demonstration presented by the responsible 

federal land manager that emissions from a proposed new major stationary source or the net 

emissions increase from a proposed major modification described in subsection (2) of this 

section would have an adverse impact on visibility in any federal Class I area, provided that the 

demonstration is received by the permitting authority within thirty days of the federal land 

manager's receipt of the complete application.

 (b) If the permitting authority concurs with the federal land manager's demonstration, the PSD 

permit or approval order for the project either shall be denied, or conditions shall be included in 

the approval order to prevent the adverse impact.

 (c) If the permitting authority finds that the federal land manager's analysis does not 

demonstrate that the project will have an adverse impact on visibility in a federal Class I area, the 

permitting authority shall explain its decision in compliance with the notice requirements of 

WAC 173-400-171 for those permits subject to WAC 173-400-800 through 173-400-860. For 

permits subject to the prevention of significant deterioration program, the permitting authority 

shall state in the public notice required by WAC 173-400-740 that an explanation of the decision 

appears in the Technical Support Document for the proposed permit.

 (6) Additional requirements for projects that require a PSD permit.

 (a) For sources impacting federal Class I areas, the permitting authority shall provide notice to 

EPA of every action related to consideration of the PSD permit.

 (b) The permitting authority shall consider any demonstration received from the responsible 

federal land manager prior to the close of the public comment period on a proposed PSD permit 

that emissions from the proposed new major stationary source or the net emissions increase from 

a proposed major modification would have an adverse impact on the air quality-related values 

(including visibility) of any mandatory Class I federal area.

 (c) If the permitting authority concurs with the demonstration, the PSD permit either shall be 

denied, or conditions shall be included in the PSD permit to prevent the adverse impact.

 (7) Additional requirements for projects located in nonattainment areas. In reviewing a PSD 

permit application or notice of construction application for a new major stationary source or 

major modification proposed for construction, as those terms are defined in WAC 173-400-810, 

in an area classified as nonattainment, the permitting authority must ensure that the proposed 

new source's emissions or the proposed modification's increase in emissions will be consistent 

with making reasonable progress toward meeting the national goal of preventing any future, and 

remedying any existing, impairment of visibility by human-caused air pollution in mandatory 

Class I federal areas. In determining the need for approval order conditions to meet this 

requirement, the permitting authority may take into account the costs of compliance, the time 
77

necessary for compliance, the energy and nonair quality environmental impacts of compliance, 

and the useful life of the source.

 (8) Monitoring. The permitting authority may require post-construction monitoring of the 

impact from the project. The monitoring shall be limited to the impacts on visibility in any 

federal Class I area near the proposed project.

[Statutory Authority: Chapter 70.94 RCW. 12-24-027 (Order 11-10), § 173-400-117, filed 

11/28/12, effective 12/29/12. Statutory Authority: RCW 70.94.152. 05-03-033 (Order 03-07), § 

173-400-117, filed 1/10/05, effective 2/10/05. Statutory Authority: Chapter 70.94 RCW, RCW 

70.94.141, [70.94.]152,[70.94.]331 , [70.94.]510 and 43.21A.080. 01-17-062 (Order 99-06), § 

173-400-117, filed 8/15/01, effective 9/15/01.]

173-400-118 Designation of Class I, II, and III areas.

 (1) Designation.

 (a) Lands within the exterior boundaries of Indian reservations may be proposed for 

redesignation by an Indian governing body or EPA. This restriction does not apply to nontrust 

lands within the 1873 Survey Area of the Puyallup Indian Reservation.

 (b) All areas of the state must be designated either Class I, II or III.

 (i) The following areas are the Class I areas in Washington state:

 (A) Alpine Lakes Wilderness;

 (B) Glacier Peak Wilderness;

 (C) Goat Rocks Wilderness;

 (D) Adams Wilderness;

 (E) Mount Rainier National Park;

 (F) North Cascades National Park;

 (G) Olympic National Park;

 (H) Pasayten Wilderness; and

 (I) Spokane Indian Reservation.1

 (ii) All other areas of the state are Class II, but may be redesignated as provided in 

subsections (2) and (3) of this section.
78

1. EPA redesignated this land based on a request from the Spokane Tribal Council. See 40 C.F.R. 

52.2497 and 56 FR 14862, April 12, 1991, for details. 

 (2) Restrictions on area classifications.

 (a) Except for the Spokane Indian Reservation, the Class I areas listed in subsection (1) of this 

section may not be redesignated. 

 (b) Except as provided in (a) of this subsection, the following areas that exceed 10,000 acres 

in size may be redesignated as Class I or II:

 (i) Areas in existence on August 7, 1977:

 (A) A national monument;

 (B) A national primitive area;

 (C) A national preserve;

 (D) A national wild and scenic river;

 (E) A national wildlife refuge;

 (F) A national lakeshore or seashore; or

 (G) A national recreation area.

 (ii) Areas established after August 7, 1977: 

 (A) A national park;

 (B) A national wilderness area; or

 (C) Areas proposed by ecology for designation or redesignation.

 (3) Redesignation of area classifications.

 (a) Ecology shall propose the redesignation of an area classification as a revision to the SIP.

 (b) Ecology may submit to EPA a proposal to redesignate areas of the state as Class I or II if:

 (i) Ecology followed the public involvement procedures in WAC 173-400-171(12);

 (ii) Ecology explained the reasons for the proposed redesignation, including a description and 

analysis of the health, environmental, economic, social, and energy effects of the proposed 

redesignation;
79

 (iii) Ecology made available for public inspection at least thirty days before the hearing the 

explanation of the reasons for the proposed redesignation;

 (iv) Ecology notified other states, tribal governing bodies, and federal land managers (as 

defined in 40 C.F.R. 52.21 (b)(24)) whose lands may be affected by the proposed redesignation 

at least thirty days prior to the public hearing;

 (v) Ecology consulted with the elected leadership of local governments in the area covered by 

the proposed redesignation before proposing the redesignation; and

 (vi) Ecology followed these procedures when a redesignation includes any federal lands:

 (A) Ecology notified in writing the appropriate federal land manager on the proposed 

redesignation. Ecology allowed forty-five days for the federal land manager to confer with 

ecology and to submit written comments. 

 (B) Ecology responded to any written comments from the federal land manager that were 

received within forty-five days of notification. Ecology's response was available to the public in 

advance of the notice of the hearing.

 (I) Ecology sent the written comments of the federal land manager, along with ecology's 

response to those comments, to the public location as required in WAC 173-400-171 (2)(a).

 (II) If ecology disagreed with the federal land manager's written comments, ecology 

published a list of any inconsistency between the redesignation and the comments of the federal 

land manager, together with the reasons for making the redesignation against the 

recommendation of the federal land manager.

 (c) Ecology may submit to EPA a proposal to redesignate any area other than an area to which 

subsection (1) of this section applies as Class III if:

 (i) The redesignation followed the public involvement requirements of WAC 173-400-171 

and 173-400-118(3);

 (ii) The redesignation has been specifically approved by the governor of Washington state, 

after consultation with the appropriate committees of the legislature if it is in session, or with the 

leadership of the legislature, if it is not in session;

 (iii) The redesignation has been approved by local governments representing a majority of the 

residents of the area to be redesignated. The local governments enacted legislation or passed 

resolutions concurring in the redesignation;

 (iv) The redesignation would not cause, or contribute to, a concentration of any air 

contaminant which would exceed any maximum allowable increase permitted under the 

classification of any other area or any National Ambient Air Quality Standard; and
80

 (v) A PSD permit under WAC 173-400-720 for a new major stationary source or major 

modification could be issued only if the area in question were redesignated as Class III, and 

material submitted as part of that application was available for public inspection prior to any 

public hearing on redesignation of the area as Class III.

[Statutory Authority: Chapter 70.94 RCW. 12-24-027 (Order 11-10), § 173-400-118, filed 

11/28/12, effective 12/29/12. Statutory Authority: RCW 70.94.152. 05-03-033 (Order 03-07), § 

173-400-118, filed 1/10/05, effective 2/10/05. Statutory Authority: Chapter 70.94 RCW, RCW 

70.94.141, [70.94.]152,[70.94.]331 , [70.94.]510 and 43.21A.080. 01-17-062 (Order 99-06), § 

173-400-118, filed 8/15/01, effective 9/15/01.]

173-400-131 Issuance of emission reduction credits.

 (1) Applicability. The owner or operator of any source may apply to the permitting authority for 

an emission reduction credit (ERC) if the source proposes to reduce its actual emissions rate for 

any contaminant regulated by state or federal law for which the emission requirement may be 

stated as an allowable limit in weight of contaminant per unit time for the emissions units 

involved.

 (2) Time of application. The application for an ERC must be made prior to or within one 

hundred eighty days after the emission reduction has been accomplished.

 (3) Conditions. An ERC may be authorized provided the following conditions have been 

demonstrated to the satisfaction of the permitting authority.

 (a) The quantity of emissions in the ERC shall be less than or equal to the old allowable 

emissions rate or the old actual emissions rate, whichever is the lesser, minus the new allowable 

emissions rate. The old actual emissions rate is the average emissions rate occurring during the 

most recent twenty-four-month period preceding the request for an ERC. An alternative twentyfour-month period from within the previous five years may be accepted by the permitting 

authority if the owner or operator of the source demonstrates to the satisfaction of the permitting 

authority that the alternative period is more representative of actual operations of the unit or 

source.

 (b) The ERC application must include a description of all the changes that are required to 

accomplish the claimed emissions reduction, such as, new control equipment, process 

modifications, limitation of hours of operation, permanent shutdown of equipment, specified 

control practices, etc.

 (c) The reduction must be: Greater than otherwise required by an applicable emission 

standard, order of approval, or regulatory order and be permanent, quantifiable, and federally 

enforceable.
81

 (d) The reduction must be large enough to be readily quantifiable relative to the source 

strength of the emissions unit(s) involved.

 (e) No part of the emission reductions claimed for credit shall have been used as part of a 

determination of net emission increase, nor as part of an offsetting transaction under WAC 173-

400-113(4) or 173-400-830, nor as part of a bubble transaction under WAC 173-400-120.

 (f) No part of the emission reduction was included in the emission inventory used to 

demonstrate attainment or for reasonable further progress in an amendment to the state 

implementation plan.

 (g) Concurrent with or prior to the authorization of an ERC, the applicant shall receive (have 

received) a federally enforceable regulatory order or permit that establishes total allowable 

emissions from the source or emissions unit of the contaminant for which the ERC is requested, 

expressed as weight of contaminant per unit time.

 (h) The use of any ERC shall be consistent with all other federal, state, and local requirements 

of the program in which it is used.

 (4) Additional information. Within thirty days after the receipt of an ERC application and all 

supporting data and documentation, the permitting authority may require the submission of 

additional information needed to review the application.

 (5) Approval. Within thirty days after all required information has been received, the 

permitting authority shall approve or deny the application, based on a finding that conditions in 

subsection (3)(a) through (h) of this section have been satisfied or not. If the application is 

approved, the permitting authority shall:

 (a) Issue a regulatory order or equivalent document to assure that the emissions from the 

source will not exceed the allowable emission rates claimed in the ERC application, expressed in 

weight of pollutant per unit time for each emission unit involved. The regulatory order or 

equivalent document shall include any conditions required to assure that subsection (3)(a) 

through (h) of this section will be satisfied. If the ERC depends in whole or in part upon the 

shutdown of equipment, the regulatory order or equivalent document must prohibit operation of 

the affected equipment; and

 (b) Issue a certificate of emission reduction credit. The certificate shall specify the issue date, 

the contaminants involved, the emission decrease expressed as weight of pollutant per unit time, 

the nonattainment area involved, if applicable, and the person to whom the certificate is issued. 

The emission reduction credit listed in the certificate shall be less than the amount of emission 

reduction achieved by the source. The difference between the emission reduction and the 

emission reduction credit must be a decrease of at least one ton per year or one percent of the 

emission reduction, whichever decrease is greater.
82

 (c) The certificate of emission reduction credit shall include the expiration date of the credit.

[Statutory Authority: Chapter 70.94 RCW. 11-06-060 (Order 09-01), § 173-400-131, filed 

3/1/11, effective 4/1/11. Statutory Authority: RCW 70.94.152. 05-03-033 (Order 03-07), § 173-

400-131, filed 1/10/05, effective 2/10/05. Statutory Authority: Chapter 70.94 RCW, RCW 

70.94.141, [70.94.]152,[70.94.]331 , [70.94.]510 and 43.21A.080. 01-17-062 (Order 99-06), § 

173-400-131, filed 8/15/01, effective 9/15/01. Statutory Authority: Chapter 70.94 RCW. 93-18-

007 (Order 93-03), § 173-400-131, filed 8/20/93, effective 9/20/93; 91-05-064 (Order 90-06), § 

173-400-131, filed 2/19/91, effective 3/22/91.]

173-400-136 Use of emission reduction credits (ERC).

 (1) Permissible use. An ERC may be used to:

 (a) Satisfy the requirements for authorization of a bubble under WAC 173-400-120;

 (b) As an offsetting reduction to satisfy the requirements for new source review in WAC 173-

400-830 or 173-400-113(4);

 (c) Or if the reduction meets the criteria to be a creditable contemporaneous emission 

reduction, to demonstrate a creditable contemporaneous emission reduction for determining a net 

emissions increase under WAC 173-400-700 through 173-400-750 and 173-400-800 through 

173-400-860.

 (2) Surrender of ERC certificate. When an ERC is used under subsection (1) of this section, 

the certificate for the ERC must be surrendered to the permitting authority. If only a portion of 

the ERC is used, the amended certificate will be returned to the owner.

 (3) Conditions of use.

 (a) An ERC may be used only for the air contaminants for which it was issued.

 (b) The permitting authority may impose additional conditions of use to account for temporal 

and spatial differences between the emissions units that generated the ERC and the emissions 

units that use the ERC.

 (4) Sale of an ERC. An ERC may be sold or otherwise transferred to a person other than the 

person to whom it was originally issued. Within thirty days after the transfer of ownership, the 

certificate must be surrendered to the issuing authority. After receiving the certificate, the issuing 

authority shall reissue the certificate to the new owner.

 (5) Redemption period. An unused ERC expires ten years after date of original issue.
83

 (6) Discount due to change in SIP. If reductions in emissions beyond those identified in the 

SIP are required to meet an ambient air quality standard, issued ERCs may be discounted as 

necessary to reach attainment.

 (a) Issued ERCs may be discounted if:

 (i) Reductions in emissions beyond those identified in the SIP are required to meet an ambient 

air quality standard;

 (ii) The ambient standard cannot be met through controls on operating sources; and

 (iii) The plan must be revised.

 (b) The discount shall not exceed the percentage of additional emission reduction needed to 

reach attainment.

 (c) ERCs may be discounted by the permitting authority only after notice to the public 

according to WAC 173-400-171 and the owners of affected ERCs.

[Statutory Authority: Chapter 70.94 RCW. 12-24-027 (Order 11-10), § 173-400-136, filed 

11/28/12, effective 12/29/12; 11-06-060 (Order 09-01), § 173-400-136, filed 3/1/11, effective 

4/1/11. Statutory Authority: RCW 70.94.152. 05-03-033 (Order 03-07), § 173-400-136, filed 

1/10/05, effective 2/10/05. Statutory Authority: Chapter 70.94 RCW, RCW 70.94.141, 

[70.94.]152, [70.94.]331, [70.94.]510 and43.21A.080 . 01-17-062 (Order 99-06), § 173-400-

136, filed 8/15/01, effective 9/15/01. Statutory Authority: Chapter 70.94 RCW. 93-18-007 (Order 

93-03), § 173-400-136, filed 8/20/93, effective 9/20/93; 91-05-064 (Order 90-06), § 173-400-

136, filed 2/19/91, effective 3/22/91.]

173-400-151 Retrofit requirements for visibility protection.

(1) Determination of best available retrofit technology (BART). Ecology shall identify and 

analyze each source which may reasonably be anticipated to cause or contribute to impairment of 

visibility in any mandatory Class I area in Washington and any adjacent state and to determine 

BART for the contaminant of concern and those additional air pollution control technologies that 

are to be required to reduce impairment from the source.

(2) Initially defined BART. The owner(s) or operator(s) of any source(s) to which significant 

visibility impairment of a mandatory Class I area is reasonably attributable shall apply BART for 

each contaminant contributing to visibility impairment that is emitted at more than 250 tons per 

year. Each source for which BART is required must install and operate BART as expeditiously 

as possible, but in no case later than five years after the conditions are included in a regulatory 

order.
84

(3) Future definitions of BART. The owner(s) or operator(s) of any source(s) to which 

significant visibility impairment of a mandatory Class I area is reasonably attributable shall 

apply BART as new technology becomes available for a contaminant if:

(a) The source emits more than 250 tons per year of the contaminant; and,

(4) Appeal. Any source owner or operator required by this section to install, operate, and 

maintain BART, may apply to the EPA administrator for an exception from that requirement 

pursuant to 40 CFR 51.303.

 (1) The requirements of this section apply to an existing stationary facility. An "existing 

stationary facility" means a stationary source of air contaminants that meets all of these 

conditions:

 (a) The stationary source must have the potential to emit 250 tons per year or more of any air 

contaminant. Fugitive emissions, to the extent quantifiable, must be counted in determining the 

potential to emit; and

 (b) The stationary source was not in operation prior to August 7, 1962, and was in existence 

on August 7, 1977; and

 (c) Is in one of the following 26 source categories:

Fossil-fuel fired steam electric plants 

of more than 250 million British 

thermal units per hour heat input, 

Coke oven batteries, 

Coal cleaning plants (thermal dryers), Sulfur recovery plants, 

Kraft pulp mills, Carbon black plants (furnace process), 

Portland cement plants, Primary lead smelters, 

Primary zinc smelters, Fuel conversion plants, 

Iron and steel mill plants, Sintering plants, 

Primary aluminum ore reduction 

plants, 

Secondary metal production facilities, 

Primary copper smelters, Chemical process plants, 

Municipal incinerators capable of 

charging more than 250 tons of refuse 

per day, 

Fossil-fuel boilers of more than 250 

million British thermal units per hour 

heat input, 
85

Hydrofluoric, sulfuric, and nitric acid 

plants, 

Petroleum storage and transfer 

facilities with a capacity exceeding 

300,000 barrels, 

Petroleum refineries, Taconite ore processing facilities, 

Lime plants, Glass fiber processing plants, and 

Phosphate rock processing plants, Charcoal production facilities. 

 (d) For purposes of determining whether a stationary source is an existing stationary facility, 

the term "building, structure, facility, or installation" means all of the pollutant-emitting 

activities which belong to the same industrial grouping, are located on one or more contiguous or 

adjacent properties, and are under the control of the same person (or persons under common 

control). Pollutant-emitting activities shall be considered as part of the same major group (i.e., 

which have the same two digit code) as described in the Standard Industrial Classification 

Manual, 1972, as amended in the 1977 supplement.

 (2) Ecology shall identify each existing stationary facility which may reasonably be 

anticipated to cause or contribute to visibility impairment in any mandatory Class 1 federal area 

in Washington and any adjacent state.

 (3) For each existing stationary facility identified under subsection (2) of this section, 

ecology, in consultation with the permitting authority shall determine BART for each air 

contaminant of concern and any additional air pollution control technologies that are to be 

required to reduce impairment from the existing stationary facility.

 (4) Each existing stationary facility shall apply BART as new technology for control of the air 

contaminant becomes reasonably available if:

 (a) The existing stationary facility emits the air contaminant contributing to visibility 

impairment;

 (b) Controls representing BART for that air contaminant have not previously been required 

under this section; and

 (c) The impairment of visibility in any mandatory Class 1 federal area is reasonably 

attributable to the emissions of the air contaminant.

State adopted: 3/22/91; EPA effective: 6/2/95 

[Statutory Authority: RCW 70.94.152. 05-03-033 (Order 03-07), § 173-400-151, filed 1/10/05, 

effective 2/10/05. Statutory Authority: Chapter 70.94 RCW, RCW 70.94.141,[70.94.]152 , 
86

[70.94.]331, [70.94.]510 and 43.21A.080. 01-17-062 (Order 99-06), § 173-400-151, filed 

8/15/01, effective 9/15/01. Statutory Authority: Chapter 70.94 RCW. 91-05-064 (Order 90-06), § 

173-400-151, filed 2/19/91, effective 3/22/91.]

173-400-171 Public Involvement Public notice and opportunity for public comment.

(1) Applicability. 

Ecology or the authority shall provide public notice prior to the approval or denial of any of the 

following types of applications or other actions:

(a) Notice of construction application for any new or modified source or emissions unit, if a 

significant net increase in emissions of any pollutant regulated by state or federal law would 

result; or

(b) Any application or other proposed action for which a public hearing is required by PSD rules; 

or

(c) Any order to determine RACT; or

(d) An order to establish a compliance schedule or a variance; or

(e) The establishment or disestablishment of a nonattainment area, or the changing of the 

boundaries thereof; or

(f) An order to demonstrate the creditable height of a stack which exceeds the GEP formula 

height and sixty-five meters, by means of a fluid model or a field study, for the purposes of 

establishing an emission limitation; or

(g) An order to authorize a bubble; or

(h) Notice of construction application or regulatory order used to establish a creditable emission 

reduction;

(i) An order issued under WAC 173-400-090 which establishes limitations on a source's potential 

to emit; or

(j) Any application or other proposed action made pursuant to this chapter in which there is a 

substantial public interest according to the discretion of ecology or the authority.

(2) Public notice. Public notice shall be made only after all information required by ecology or 

the authority has been submitted and after applicable preliminary determinations, if any, have 

been made. The cost of providing public notice shall be borne by the applicant or other initiator 

of the action. Public notice shall include:
87

(a) Availability for public inspection in at least one location near the proposed project, of the 

nonproprietary information submitted by the applicant and of any applicable preliminary 

determinations, including analyses of the effect(s) on air quality.

(b) Publication in a newspaper of general circulation in the area of the proposed project of notice:

(i) Giving a brief description of the proposal;

(ii) Advising of the location of the documents made available for public inspection;

(iii) Advising of a thirty-day period for submitting written comment to ecology or the authority;

(iv) Advising that a public hearing may be held if ecology or the authority determines within a 

thirty-day period that significant public interest exists.

(c) A copy of the notice will be sent to the EPA regional administrator.

Public participation procedures for notice of construction applications that are processed in 

coordination with an application to issue or modify an operating permit shall be conducted as 

provided in the state operating permit rule.

(3) Public comment. No final decision on any application or action of any of the types described 

in subsection (1) of this section, shall be made 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 thirty-day period for written comment published as provided above. 

If a public hearing is held the public comment period shall extend through the hearing date and 

thereafter for such period, if any, as the notice of public hearing may specify.

(4) Public hearings. The applicant, any interested governmental entity, any group or any person 

may request a public hearing within the thirty-day period published as above. Any such request 

shall indicate the interest of the entity filing it and why a hearing is warranted. Ecology or the 

authority may, in 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(s) and place(s) as ecology 

or the authority deems reasonable.

(6) Public information. Copies of notices of construction, orders, and modifications thereof 

which are issued hereunder shall be available for public inspection on request at ecology or the 

authority.

 The purpose of this section is to specify the requirements for notifying the public about air 

quality actions and to provide opportunities for the public to participate in those actions. This 

section applies statewide except that the requirements of WAC 173-400-171 (1) through (11) do 

not apply where the permitting authority has adopted its own public notice provisions.

 (1) Applicability to prevention of significant deterioration, and relocation of portable sources.
88

 This section does not apply to:

 (a) A notice of construction application designated for integrated review with actions 

regulated by WAC 173-400-700 through 173-400-750. In such cases, compliance with the public 

notification requirements of WAC 173-400-740 is required.

 (b) Portable source relocation notices as regulated by WAC 173-400-036, relocation of 

portable sources.

 (2) Internet notice of application.

 (a) For those applications and actions not subject to a mandatory public comment period per 

subsection (3) of this section, the permitting authority must post an announcement of the receipt 

of notice of construction applications and other proposed actions on the permitting authority's 

internet web site.

 (b) The internet posting must remain on the permitting authority's web site for a minimum of 

fifteen consecutive days.

 (c) The internet posting must include a notice of the receipt of the application, the type of 

proposed action, and a statement that the public may request a public comment period on the 

proposed action.

 (d) Requests for a public comment period must be submitted to the permitting authority in 

writing via letter, fax, or electronic mail during the fifteen-day internet posting period.

 (e) A public comment period must be provided for any application or proposed action that 

receives such a request. Any application or proposed action for which a public comment period 

is not requested may be processed without further public involvement at the end of the fifteenday internet posting period.

 (3) Actions subject to a mandatory public comment period.

 The permitting authority must provide public notice and a public comment period before 

approving or denying any of the following types of applications or other actions:

 (a) Any application, order, or proposed action for which a public comment period is requested 

in compliance with subsection (2) of this section.

 (b) Any notice of construction application for a new or modified source, including the initial 

application for operation of a portable source, if there is an increase in emissions of any air 

pollutant at a rate above the emission threshold rate (defined in WAC 173-400-030) or any 

increase in emissions of a toxic air pollutant above the acceptable source impact level for that 

toxic air pollutant as regulated under chapter 173-460 WAC; or
89

 (c) Any use of a modified or substituted air quality model, other than a guideline model in 

Appendix W of 40 C.F.R. Part 51 (in effect on May 1, 2012) as part of review under WAC 173-

400-110, 173-400-113, or 173-400-117; or

 (d) Any order to determine reasonably available control technology, RACT; or

 (e) An order to establish a compliance schedule issued under WAC 173-400-161, or a 

variance issued under WAC 173-400-180; or

Note: Mandatory notice is not required for compliance orders issued under WAC 173-400-230. 

 (f) An order to demonstrate the creditable height of a stack which exceeds the GEP good 

engineering practice, GEP, formula height and sixty-five meters, by means of a fluid model or a 

field study, for the purposes of establishing an emission limitation; or

 (g) An order to authorize a bubble; or

 (h) Any action to discount the value of an emission reduction credit, ERC, issued to a source 

per WAC 173-400-136; or

 (i) Any regulatory order to establish best available retrofit technology, BART, for an existing 

stationary facility; or

 (j) Any notice of construction application or regulatory order used to establish a creditable 

emission reduction; or

 (k) Any order issued under WAC 173-400-091 that establishes limitations on a source's 

potential to emit; or

 (l) The original issuance and the issuance of all revisions to a general order of approval issued 

under WAC 173-400-560 (this does not include coverage orders); or

 (m) Any extension of the deadline to begin actual construction of a "major stationary source" 

or "major modification" in a nonattainment area; or

 (n) Any application or other action for which the permitting authority determines that there is 

significant public interest.

 (4) Advertising the mandatory public comment period. Public notice of all applications, 

orders, or actions listed in subsection (3) of this section must be given by prominent 

advertisement in the area affected by the proposal. Prominent advertisement may be by 

publication in a newspaper of general circulation in the area of the proposed action or other 

means of prominent advertisement in the area affected by the proposal. This public notice can be 

published or given only after all of the information required by the permitting authority has been 

submitted and after the applicable preliminary determinations, if any, have been made. The 
90

notice must be published or given before any of the applications or other actions listed in 

subsection (3) of this section are approved or denied. The applicant or other initiator of the action 

must pay the publishing cost of providing public notice.

 (5) Information available for public review. The information submitted by the applicant, and 

any applicable preliminary determinations, including analyses of the effects on air quality, must 

be available for public inspection in at least one location near the proposed project. Exemptions 

from this requirement include information protected from disclosure under any applicable law, 

including, but not limited to, RCW 70.94.205 and chapter 173-03 WAC.

 (6) Public notice components.

 (a) The notice must include:

 (i) The name and address of the owner or operator and the facility;

 (ii) A brief description of the proposal and the type of facility, including a description of the 

facility's processes subject to the permit;

 (iii) A description of the air contaminant emissions including the type of pollutants and 

quantity of emissions that would increase under the proposal;

 (iv) The location where those documents made available for public inspection may be 

reviewed;

 (v) A thirty-day period for submitting written comment to the permitting authority;

 (vi) A statement that a public hearing will be held if the permitting authority determines that 

there is significant public interest;

 (vii) The name, address, and telephone number and e-mail address of a person at the 

permitting authority from whom interested persons may obtain additional information, including 

copies of the permit draft, the application, all relevant supporting materials, including any 

compliance plan, permit, and monitoring and compliance certification report, and all other 

materials available to the permitting authority that are relevant to the permit decision, unless the 

information is exempt from disclosure;

 (b) For projects subject to special protection requirements for federal Class I areas, as 

required by WAC 173-400-117, public notice must include an explanation of the permitting 

authority's draft decision or state that an explanation of the draft decision appears in the support 

document for the proposed order of approval.

 (7) Length of the public comment period.

 (a) The public comment period must extend at least thirty days prior to any hearing.
91

 (b) If a public hearing is held, the public comment period must extend through the hearing 

date.

 (c) The final decision cannot be issued until the public comment period has ended and any 

comments received during the public comment period have been considered.

 (8) Requesting a public hearing. The applicant, any interested governmental entity, any group, 

or any person may request a public hearing within the thirty-day public comment period. All 

hearing requests must be submitted to the permitting authority in writing via letter, fax, or 

electronic mail. A request must indicate the interest of the entity filing it and why a hearing is 

warranted.

 (9) Setting the hearing date and providing hearing notice. If the permitting authority 

determines that significant public interest exists, then it will hold a public hearing. The 

permitting authority will determine the location, date, and time of the public hearing.

 (10) Notice of public hearing.

 (a) At least thirty days prior to the hearing the permitting authority will provide notice of the 

hearing as follows:

 (i) Give public hearing notice by prominent advertisement in the area affected by the 

proposal. Prominent advertisement may be by publication in a newspaper of general circulation 

in the area of the proposed action or other means of prominent advertisement in the area affected 

by the proposal; and

 (ii) Mail the notice of public hearing to any person who submitted written comments on the 

application or requested a public hearing and in the case of a permit action, to the applicant.

 (b) This notice must include the date, time and location of the public hearing and the 

information described in subsection (6) of this section.

 (c) In the case of a permit action, the applicant must pay all publishing costs associated with 

meeting the requirements of this subsection.

 (11) Notifying the EPA. The permitting authority must send a copy of the notice for all 

actions subject to a mandatory public comment period to the EPA Region 10 regional 

administrator.

 (12) Special requirements for ecology only actions.

 (a) This subsection applies to ecology only actions including:
92

 (i) A Washington state recommendation to EPA for the designation of an area as attainment, 

nonattainment or unclassifiable after EPA promulgation of a new or revised ambient air quality 

standard or for the redesignation of an unclassifiable or attainment area to nonattainment;

 (ii) A Washington state submittal of a SIP revision to EPA for approval including plans for 

attainment and maintenance of ambient air quality standards, plans for visibility protection, 

requests for revision to the boundaries of attainment and maintenance areas, requests for 

redesignation of Class I, II, or III areas under WAC 173-400-118, and rules to strengthen the 

SIP.

 (b) Ecology must provide a public hearing or an opportunity for requesting a public hearing 

on an ecology only action. The notice providing the opportunity for a public hearing must 

specify the manner and date by which a person may request the public hearing and either provide 

the date, time and place of the proposed hearing or specify that ecology will publish a notice 

specifying the date, time and place of the hearing at least thirty days prior to the hearing. When 

ecology provides the opportunity for requesting a public hearing, the hearing must be held if 

requested by any person. Ecology may cancel the hearing if no request is received.

 (c) The public notice for ecology only actions must comply with the requirements of 40 

C.F.R. 51.102 in effect on July 1, 2012.

 (13) Other requirements of law. Whenever procedures permitted or mandated by law will 

accomplish the objectives of public notice and opportunity for comment, suchthose procedures 

may be used in lieu of the provisions of this section.

State adopted: 9/20/93; EPA effective: 6/2/95 

[Statutory Authority: Chapter 70.94 RCW. 12-24-027 (Order 11-10), § 173-400-171, filed 

11/28/12, effective 12/29/12; 11-06-060 (Order 09-01), § 173-400-171, filed 3/1/11, effective 

4/1/11. Statutory Authority: RCW 70.94.395 and 70.94.331. 07-11-039 (Order 06-03), § 173-

400-171, filed 5/8/07, effective 6/8/07. Statutory Authority: RCW 70.94.152. 05-03-033 (Order 

03-07), § 173-400-171, filed 1/10/05, effective 2/10/05. Statutory Authority: Chapter 70.94 RCW, 

RCW 70.94.141, [70.94.]152, [70.94.]331,[70.94.]510 and 43.21A.080. 01-17-062 (Order 99-

06), § 173-400-171, filed 8/15/01, effective 9/15/01. Statutory Authority: Chapter 70.94 RCW. 

95-07-126 (Order 93-40), § 173-400-171, filed 3/22/95, effective 4/22/95; 93-18-007 (Order 93-

03), § 173-400-171, filed 8/20/93, effective 9/20/93; 91-05-064 (Order 90-06), § 173-400-171, 

filed 2/19/91, effective 3/22/91.]

173-400-175 Public information.

 All information, except information protected from disclosure under any applicable law, 

including, but not limited to, RCW 70.94.205, is available for public inspection at the issuing 
93

agency. This includes copies of notice of construction applications, orders, and applications to 

modify orders.

[Statutory Authority: RCW 70.94.152. 05-03-033 (Order 03-07), § 173-400-175, filed 1/10/05, 

effective 2/10/05.]

173-400-200 Creditable stack height and dispersion techniques.

 (1) Applicability. These provisions shall apply to all sources except:

 (a) Stacks for which construction had commenced on or before December 31, 1970, except 

where pollutants are being emitted from such stacks used by sources which were constructed, or 

reconstructed, or for which major modifications were carried out after December 31, 1970;

 (b) Coal-fired steam electric generating units subject to the provisions of Section 118 of the 

Federal Clean Air Act, which commenced operation before July 1, 1957, and for whose stacks 

construction commenced before February 8, 1974;

 (c) Flares;

 (d) OpenOutdoor burning for agricultural or silvicultural purposes as covered under the 

smoke management plan;

 (e) Residential wood combustion and open burning for which episodic restrictions apply.

 These provisions shall not be construed to limit the actual stack height.

 (2) Prohibitions. No source may use dispersion techniques or excess stack height to meet 

ambient air quality standards or PSD increment limitations.

 (a) Excess stack height. Excess stack height is that portion of a stack which exceeds the 

greater of:

 (i) Sixty-five meters, measured from the ground level elevation at the base of the stack; or

 (ii) Hg.= = H.+ + 1.5L

where: Hg.= = "good engineering practice" (GEP) stack height, measured from the ground level 

elevation at the base of the stack,

H.= = height of nearby structure(s) measured from the ground level elevation at the base of the 

stack,

L.= = lesser dimension, height or projected width, of nearby structure(s), subject to the proviso 

below.
94

 "Nearby," as used in this subsection for purposes of applying the GEP formula means that 

distance up to five times the lesser of the height or the width dimension of a structure, but not 

greater than 0.8 kilometer (1/2 mile). 

 (b) Dispersion techniques. Increasing final exhaust gas plume rise by manipulating source 

process parameters, exhaust gas parameters, stack parameters, or combining exhaust gases from 

several existing stacks into one stack; or other selective handling of exhaust gas streams so as to 

increase the exhaust gas plume rise. This does not include:

 (i) The reheating of a gas stream, following the use of a pollution control system, for the 

purpose of returning the gas to the temperature at which it was originally discharged from the 

facility generating the gas stream;

 (ii) The merging of gas streams where:

 (A) The source was originally designed and constructed with such merged gas streams, as 

demonstrated by the source owner(s) or operator(s).

 (B) Such merging is part of a change in operation at the facility that includes the installation 

of pollution controls and is accompanied by a net reduction in the allowable emissions of a 

pollutant. This exclusion shall apply only to the emission limitation for the pollutant affected by 

such change in operation.

 (C) Before July 8, 1985, such merging was part of a change in operation at the facility that 

included the installation of emissions control equipment or was carried out for sound economic 

or engineering reasons, and not primarily motivated by an intent to gain emissions credit for 

greater dispersion.

 (3) Exception. EPA, ecology, or ana permitting authority may require the use of a field study 

or fluid model to verify the creditable stack height for the source. This also applies to a source 

seeking credit after the effective date of this rule for an increase in existing stack height up to 

that established by the GEP formula. A fluid model or field study shall be performed according 

to the procedures described in the EPA Guideline for Determination of Good Engineering 

Practice Height (Technical Support Document of the Stack Height Regulations). The creditable 

height demonstrated by a fluid model or field study shall ensure that the emissions from a stack 

do not result in excessive concentrations of any air pollutant as a result of atmospheric 

downwash, wakes, or eddy effects created by the source itself, nearby structures or nearby terrain 

features.

 (a) "Nearby," as used in this subsection for conducting a field study or fluid model, means not 

greater than 0.8 km, except that the portion of a terrain feature may be considered to be nearby 

which falls within a distance of up to ten times the maximum height of the feature, not to exceed 

two miles if such feature achieves a height 0.8 km from the stack that is at least forty percent of 
95

the GEP stack height or twenty-six meters, whichever is greater, as measured from the groundlevel elevation at the base of the stack. The height of the structure or terrain feature is measured 

from the ground-level elevation at the base of the stack.

 (b) "Excessive concentration" is defined for the purpose of determining creditable stack 

height under this subsection and means a maximum ground-level concentration owing to a 

significant downwash effect which contributes to excursion over an ambient air quality standard. 

For sources subject to PSD review (WAC 173-400-141720 and 40 CFRC.F.R. 52.21) an 

excessive concentration alternatively means a maximum ground-level concentration owing to a 

significant downwash effect which contributes to excursion over a PSD increment. The emission 

rate used in this demonstration shall be the emission rate specified in the state implementation 

plan, or in the absence of such, the actual emission rate of the source. "Significant downwash 

effect" means a maximum ground-level concentration due to emissions from a stack due in 

whole or in part to downwash, wakes, and eddy effects produced by nearby structures or nearby 

terrain features which individually is at least forty percent in excess of the maximum 

concentration experienced in the absence of such downwash, wakes, or eddy effects.

State adopted: 3/22/91; EPA effective: 6/2/95 

[Statutory Authority: RCW 70.94.152. 05-03-033 (Order 03-07), § 173-400-200, filed 1/10/05, 

effective 2/10/05. Statutory Authority: Chapter 70.94 RCW. 91-05-064 (Order 90-06), § 173-

400-200, filed 2/19/91, effective 3/22/91.]

173-400-560 General order of approval.

 In lieu of filing a notice of construction application under WAC 173-400-110, the owner or 

operator may apply for coverage under a general order of approval issued under this section. 

Coverage under a general order of approval satisfies the requirement for new source review 

under RCW 70.94.152.

 (1) Issuance of general orders of approval. A permitting authority may issue a general order 

of approval applicable to a specific type of emission unit or source, not including nonroad 

engines as defined in section 216 of the Federal Clean Air Act, subject to the conditions in this 

section. A general order of approval shall identify criteria by which an emission unit or source 

may qualify for coverage under the associated general order of approval and shall include terms 

and conditions under which the owner or operator agrees to install and/or operate the covered 

emission unit or source. At a minimum, these terms and conditions shall include:

 (a) Applicable emissions limitations and/or control requirements;

 (b) Best available control technology;

 (c) Appropriate operational restrictions, such as:
96

 (i) Criteria related to the physical size of the unit(s) covered;

 (ii) Criteria related to raw materials and fuels used;

 (iii) Criteria related to allowed or prohibited locations; and

 (iv) Other similar criteria determined by a permitting authority;

 (d) Monitoring, reporting and recordkeeping requirements to ensure compliance with the 

applicable emission limits and control requirements;

 (e) Appropriate initial and periodic emission testing requirements;

 (f) Compliance with chapter 173-460 WAC, WAC 173-400-112 and 173-400-113 as 

applicable;

 (g) Compliance with 40 C.F.R. Parts 60, 61, 62, and 63; and

 (h) The application and approval process to obtain coverage under the specific general order 

of approval.

 (2) Public comment. Compliance with WAC 173-400-171 is required for a proposed new 

general order of approval or modification of an existing general order of approval.

 (3) Modification of general orders of approval. A permitting authority may review and 

modify a general order of approval at any time. Only the permitting authority that issued a 

general order of approval may modify that general order of approval. Modifications to general 

orders of approval shall follow the procedures of this regulation and shall only take effect 

prospectively.

 (4) Application for coverage under a general order of approval.

 (a) In lieu of applying for an individual order of approval under WAC 173-400-110, an owner 

or operator of an emission unit or source may apply for and receive coverage from a permitting 

authority under a general order of approval if:

 (i) The owner or operator of the emission unit or source applies for coverage under a general 

order of approval in accordance with this regulation and any conditions of the approval related to 

application for and granting coverage under the general order of approval;

 (ii) The emission unit or source meets all the qualifications listed in the requested general 

order of approval;

 (iii) The requested emission unit or source is not part of a new major stationary source or 

major modification of a major stationary source subject to the requirements of WAC 173-400-

113 (3) and (4), 173-400-700 through 173-400-750 or 173-400-800 through 173-400-860; and
97

 (iv) The requested emission unit or source does not trigger applicability of the operating 

permit program under chapter 173-401 WAC or trigger a required modification of an existing 

operating permit.

 (b) Owners or operators of emission units or sources applying for coverage under a general 

order of approval shall do so using the forms supplied by a permitting authority and include the 

required fee. The application must include all information necessary to determine qualification 

for, and to assure compliance with, a general order of approval.

 (c) An application shall be incomplete until a permitting authority has received any required 

fees.

 (d) The owner or operator of a new source or modification of an existing source that qualifies 

for coverage under a general order of approval may not begin actual construction of the new 

source or modification until its application for coverage has been approved or accepted under the 

procedures established in subsection (5) of this section.

 (5) Processing applications for coverage under a general order of approval. Each general 

order of approval shall include a section on how an applicant is to request coverage and how the 

permitting authority will grant coverage. The section of the general order of approval will 

include either the method in (a) or (b) of this subsection to describe the process for the applicant 

to be granted coverage.

 (a) Within thirty days of receipt of an application for coverage under a general order of 

approval, the permitting authority shall notify an applicant in writing that the application is 

incomplete, approved, or denied. If an application is incomplete, the permitting authority shall 

notify an applicant of the information needed to complete the application. If an application is 

denied, the permitting authority shall notify an applicant of the reasons why the application is 

denied. Coverage under a general order of approval is effective as of the date of issuance of 

approval by the permitting authority.

 (b) The applicant is approved for coverage under the general order of approval thirty-one days 

after an application for coverage is received by the permitting authority, unless the owner or 

operator receives a letter from the permitting authority, postmarked within thirty days of when 

the application for coverage was received by the permitting authority, notifying the owner or 

operator that the emissions unit or source does not qualify for coverage under the general order 

of approval. The letter denying coverage shall notify the applicant of the disqualification and the 

reasons why coverage is denied.

 (6) Termination of coverage under a general order of approval. An owner or operator who has 

received approval of an application for coverage under a general order of approval may later 

request to be excluded from coverage under that general order of approval by applying to the 

same permitting authority for an individual order of approval, under WAC 173-400-110, or for 
98

coverage under another general order of approval. If the same permitting authority issues an 

individual order of approval or other permit or order serving the same purpose as the original 

general order of approval, or approves coverage under a different general order of approval, 

coverage under the original general order of approval is automatically terminated, effective on 

the effective date of the individual order of approval, order or permit or new general order of 

approval.

 (7) Failure to qualify or comply. An owner or operator who requests and is granted approval 

for coverage under a general order of approval shall be subject to enforcement action for 

establishment of a new source in violation of WAC 173-400-110 if a decision to grant coverage 

under a general order of approval was based upon erroneous information submitted by the 

applicant.

[Statutory Authority: Chapter 70.94 RCW. 12-24-027 (Order 11-10), § 173-400-560, filed 

11/28/12, effective 12/29/12; 11-06-060 (Order 09-01), § 173-400-560, filed 3/1/11, effective 

4/1/11. Statutory Authority: RCW 70.94.152. 05-03-033 (Order 03-07), § 173-400-560, filed 

1/10/05, effective 2/10/05.]

173-400-700 Review of major stationary sources of air pollution.

 (1) The following sections are to be used by ecology when reviewing and permitting new major 

stationary sources and major modifications to major stationary sources located in attainment or 

unclassified areas in Washington.

 (2) WAC 173-400-700 through 173-400-750 apply statewide except:

 (a) Where the authority has received delegation of the federal PSD program from EPA or has 

a SIP approved PSD program.

 (b) To projects under the jurisdiction of the energy facility site evaluation council site 

certification process pursuant to chapter 80.50 RCW.

 (3) The construction of a major stationary source or major modification subject to the 

permitting requirements of the following section might also be subject to the permitting 

programs in WAC 173-400-110 and 173-400-800 through 173-400-860.

[Statutory Authority: Chapter 70.94 RCW. 11-06-060 (Order 09-01), § 173-400-700, filed 

3/1/11, effective 4/1/11. Statutory Authority: RCW 70.94.152. 05-03-033 (Order 03-07), § 173-

400-700, filed 1/10/05, effective 2/10/05.]
99

173-400-710 Definitions.

 (1) For purposes of WAC 173-400-720 through 173-400-750 the definitions in 40 C.F.R. 

52.21(b), adopted by reference in WAC 173-400-720 (4)(a)(iv), are to be used, except: The 

definition of "secondary emissions" as defined in WAC 173-400-030 will be used.

 (2) All usage of the term "source" in WAC 173-400-710 through 173-400-750 and in 40 

C.F.R. 52.21 as adopted by reference is to be interpreted to mean "stationary source" as defined 

in 40 C.F.R. 52.21 (b)(5). A stationary source (or source) does not include emissions resulting 

directly from an internal combustion engine for transportation purposes, from a nonroad engine, 

or a nonroad vehicle as defined in section 216 of the Federal Clean Air Act.

[Statutory Authority: Chapter 70.94 RCW. 12-24-027 (Order 11-10), § 173-400-710, filed 

11/28/12, effective 12/29/12. Statutory Authority: RCW 70.94.395 and 70.94.331. 07-11-039 

(Order 06-03), § 173-400-710, filed 5/8/07, effective 6/8/07. Statutory Authority: RCW 

70.94.152. 05-03-033 (Order 03-07), § 173-400-710, filed 1/10/05, effective 2/10/05.]

173-400-720 Prevention of significant deterioration (PSD).

 (1) No major stationary source or major modification to which the requirements of this section 

apply is authorized to begin actual construction without having received a PSD permit.

 (2) Early planning encouraged. In order to develop an appropriate application, the source 

should engage in an early planning process to assess the needs of the facility. An opportunity for 

a preapplication meeting with ecology is available to any potential applicant.

 (3) Enforcement. Ecology or the permitting authority with jurisdiction over the source under 

chapter 173-401 WAC, the Operating permit regulation, shall:

 (a) Receive all reports required in the PSD permit;

 (b) Enforce the requirement to apply for a PSD permit when one is required; and

 (c) Enforce the conditions in the PSD permit.

 (4) Applicable requirements.

 (a) A PSD permit must assure compliance with the following requirements:

 (i) WAC 173-400-113 (1) through (4);

 (ii) WAC 173-400-117 - Special protection requirements for federal Class I areas;

 (iii) WAC 173-400-200;

 (iv) WAC 173-400-205;
100

 (v) Allowable emission limits established under WAC 173-400-081 must also meet the 

criteria of 40 C.F.R. 52.21 (k)(1) and 52.21 (p)(1) through (4); and

 (vi) The following subparts of 40 C.F.R. 52.21, in effect on August 13, 2012, which are 

adopted by reference. Exceptions are listed in (b)(i), (ii), (iii), and (iv) of this subsection:

 

Section Title 

40 C.F.R. 52.21 (a)(2) Applicability Procedures. 

40 C.F.R. 52.21 (b) Definitions, except the 

definition of "secondary 

emissions." 

40 C.F.R. 52.21 (c) Ambient air increments. 

40 C.F.R. 52.21 (d) Ambient air ceilings. 

40 C.F.R. 52.21 (h) Stack heights. 

40 C.F.R. 52.21 (i) Review of major stationary 

sources and major 

modifications - Source 

applicability and exemptions. 

40 C.F.R. 52.21 (j) Control technology review. 

40 C.F.R. 52.21 (k) Source impact analysis. 

40 C.F.R. 52.21 (l) Air quality models. 

40 C.F.R. 52.21 (m) Air quality analysis. 

40 C.F.R. 52.21 (n) Source information. 

40 C.F.R. 52.21 (o) Additional impact analysis. 

40 C.F.R. 52.21 (p)(1) 

through (4) 

Sources impacting federal 

Class I areas - Additional 

requirements 

40 C.F.R. 52.21 (r) Source obligation. 

40 C.F.R. 52.21 (v) Innovative control technology. 
101

40 C.F.R. 52.21 (w) Permit rescission. 

40 C.F.R. 52.21 (aa) Actuals Plantwide 

Applicability Limitation. 

 (b) Exceptions to adopting 40 C.F.R. 52.21 by reference.

 (i) Every use of the word "administrator" in 40 C.F.R. 52.21 means ecology except for the 

following:

 (A) In 40 C.F.R. 52.21 (b)(17), the definition of federally enforceable, "administrator" means 

the EPA administrator.

 (B) In 40 C.F.R. 52.21 (l)(2), air quality models, "administrator" means the EPA 

administrator.

 (C) In 40 C.F.R. 52.21 (b)(43) the definition of prevention of significant deterioration 

program, "administrator" means the EPA administrator.

 (D) In 40 C.F.R. 52.21 (b)(48)(ii)(c) related to regulations promulgated by the administrator, 

"administrator" means the EPA administrator.

 (E) In 40 C.F.R. 52.21 (b)(50)(i) related to the definition of a regulated NSR pollutant, 

"administrator" means the EPA administrator.

 (F) In 40 C.F.R. 52.21 (b)(37) related to the definition of repowering, "administrator" means 

the EPA administrator.

 (G) In 40 C.F.R. 52.21 (b)(51) related to the definition of reviewing authority, "administrator" 

means the EPA administrator.

 (ii) Each reference in 40 C.F.R. 52.21(i) to "paragraphs (j) through (r) of this section" is 

amended to state "paragraphs (j) through (p) (1) - (4) of this section, paragraph (r) of this section, 

WAC 173-400-720, and 173-400-730."

 (iii) The following paragraphs replace the designated paragraphs of 40 C.F.R. 52.21:

 (A) In 40 C.F.R. 52.21 (b)(1)(i)(a) and (b)(1)(iii)(h), the size threshold for municipal waste 

incinerators is changed to 50 tons of refuse per day.

 (B) 40 C.F.R. 52.21 (b)(23)(i) After the entry for municipal solid waste landfills emissions, 

add Ozone Depleting Substances: 100 tpy.
102

 (C) 40 C.F.R. 52.21(c) after the effective date of EPA's incorporation of this section into the 

Washington state implementation plan, the concentrations listed in WAC 173-400-116(2) are 

excluded when determining increment consumption.

 (D) 40 C.F.R. 52.21 (r)(6)

 "The provisions of this paragraph (r)(6) apply with respect to any regulated NSR pollutant 

from projects at an existing emissions unit at a major stationary source (other than projects at a 

source with a PAL) in circumstances where there is a reasonable possibility that a project that is 

not a part of a major modification may result in a significant emissions increase of such pollutant 

and the owner or operator elects to use the method specified in paragraphs 40 C.F.R. 52.21 

(b)(41)(ii)(a) through (c) for calculating projected actual emissions.

(i) Before beginning actual construction of the project, the owner or operator shall document and 

maintain a record of the following information: 

(a) A description of the project; 

(b) Identification of the emissions unit(s) whose emissions of a regulated NSR pollutant could be 

affected by the project; and 

(c) A description of the applicability test used to determine that the project is not a major 

modification for any regulated NSR pollutant, including the baseline actual emissions, the 

projected actual emissions, the amount of emissions excluded under paragraph 40 C.F.R. 52.21 

(b)(41)(ii)(c) and an explanation for why such amount was excluded, and any netting 

calculations, if applicable. 

(ii) The owner or operator shall submit a copy of the information set out in paragraph 40 C.F.R. 

52.21 (r)(6)(i) to the permitting authority before beginning actual construction. This information 

may be submitted in conjunction with any NOC application required under the provisions of 

WAC 173-400-110. Nothing in this paragraph (r)(6)(ii) shall be construed to require the owner 

or operator of such a unit to obtain any PSD determination from the permitting authority before 

beginning actual construction. 

(iii) The owner or operator shall monitor the emissions of any regulated NSR pollutant that could 

increase as a result of the project and that is emitted by any emissions unit identified in 

paragraph 40 C.F.R. 52.21 (r)(6)(i)(b); and calculate and maintain a record of the annual 

emissions, in tons per year on a calendar year basis, for a period of 5 years following resumption 

of regular operations after the change, or for a period of 10 years following resumption of regular 

operations after the change if the project increases the design capacity of or potential to emit that 

regulated NSR pollutant at such emissions unit. 

(iv) The owner or operator shall submit a report to the permitting authority within 60 days after 

the end of each year during which records must be generated under paragraph 40 C.F.R. 52.21 
103

(r)(6)(iii) setting out the unit's annual emissions during the calendar year that preceded 

submission of the report. 

(v) The owner or operator shall submit a report to the permitting authority if the annual 

emissions, in tons per year, from the project identified in paragraph 40 C.F.R. 52.21 (r)(6)(i), 

exceed the baseline actual emissions (as documented and maintained pursuant to paragraph 40 

C.F.R. 52.21 (r)(6)(i)(c)), by a significant amount (as defined in paragraph 40 C.F.R. 52.21 

(b)(23)) for that regulated NSR pollutant, and if such emissions differ from the preconstruction 

projection as documented and maintained pursuant to paragraph 40 C.F.R. 52.21 (r)(6)(i)(c). 

Such report shall be submitted to the permitting authority within 60 days after the end of such 

year. The report shall contain the following: 

(a) The name, address and telephone number of the major stationary source; 

(b) The annual emissions as calculated pursuant to paragraph (r)(6)(iii) of this section; and 

(c) Any other information that the owner or operator wishes to include in the report (e.g., an 

explanation as to why the emissions differ from the preconstruction projection). 

(vi) A "reasonable possibility" under this subsection occurs when the owner or operator 

calculates the project to result in either: 

(a) A projected actual emissions increase of at least fifty percent of the amount that is a 

"significant emissions increase," (without reference to the amount that is a significant net 

emissions increase), for the regulated NSR pollutant; or 

(b) A projected actual emissions increase that, added to the amount of emissions excluded under 

the definition of projected actual emissions sums to at least fifty percent of the amount that is a 

"significant emissions increase," (without reference to the amount that is a significant net 

emissions increase), for the regulated NSR pollutant. For a project for which a reasonable 

possibility occurs only within the meaning of (r)(6)(vi)(b) of this subsection, and not also within 

the meaning of (r)(6)(vi)(a) of this subsection, then the provisions of (r)(6)(vi)(ii) through (v) of 

this subsection do not apply to the project." 

 (E) 40 C.F.R. 52.21 (r)(7) "The owner or operator of the source shall submit the information 

required to be documented and maintained pursuant to paragraphs 40 C.F.R. 52.21 (r)(6)(iv) and 

(v) annually within 60 days after the anniversary date of the original analysis. The original 

analysis and annual reviews shall also be available for review upon a request for inspection by 

the permitting authority or the general public pursuant to the requirements contained in 40 C.F.R. 

70.4 (b)(3)(viii)."

 (F) 40 C.F.R. 52.21 (aa)(2)(ix) "PAL permit means the PSD permit, an ecology issued order 

of approval issued under WAC 173-400-110, or regulatory order issued under WAC 173-400-

091 issued by ecology that establishes a PAL for a major stationary source."
104

 (G) 40 C.F.R. 52.21 (aa)(5) "Public participation requirements for PALs. PALs for existing 

major stationary sources shall be established, renewed, or expired through the public 

participation process in WAC 173-400-171. A request to increase a PAL shall be processed in 

accordance with the application processing and public participation process in WAC 173-400-

730 and 173-400-740."

 (H) 40 C.F.R. 52.21 (aa)(9)(i)(b) "Ecology, after consultation with the permitting authority, 

shall decide whether and how the PAL allowable emissions will be distributed and issue a 

revised order, order of approval or PSD permit incorporating allowable limits for each emissions 

unit, or each group of emissions units, as ecology determines is appropriate."

 (I) 40 C.F.R. 52.21 (aa)(14) "Reporting and notification requirements. The owner or operator 

shall submit semiannual monitoring reports and prompt deviation reports to the permitting 

authority in accordance with the requirements in chapter 173-401 WAC. The reports shall meet 

the requirements in paragraphs 40 C.F.R. 52.21 (aa)(14)(i) through (iii)."

 (J) 40 C.F.R. 52.21 (aa)(14)(ii) "Deviation report. The major stationary source owner or 

operator shall promptly submit reports of any deviations or exceedance of the PAL requirements, 

including periods where no monitoring is available. A report submitted pursuant to WAC 173-

401-615 (3)(b) and within the time limits prescribed shall satisfy this reporting requirement. The 

reports shall contain the information found at WAC 173-401-615(3)."

 (iv) 40 C.F.R. 52.21 (r)(2) is not adopted by reference.

[Statutory Authority: Chapter 70.94 RCW. 12-24-027 (Order 11-10), § 173-400-720, filed 

11/28/12, effective 12/29/12; 11-17-037 (Order 11-04), § 173-400-720, filed 8/10/11, effective 

9/10/11; 11-06-060 (Order 09-01), § 173-400-720, filed 3/1/11, effective 4/1/11. Statutory 

Authority: RCW 70.94.395 and 70.94.331. 07-11-039 (Order 06-03), § 173-400-720, filed 

5/8/07, effective 6/8/07. Statutory Authority: RCW 70.94.152. 05-03-033 (Order 03-07), § 173-

400-720, filed 1/10/05, effective 2/10/05.]

173-400-730 Prevention of significant deterioration application processing procedures.

 (1) Application submittal.

 (a) The applicant shall submit an application that provides complete information necessary for 

ecology to determine compliance with all PSD program requirements.

 (b) The applicant shall submit complete copies of its PSD application or an application to 

increase a PAL, distributed in the following manner:

 (i) Three copies to ecology: Air Quality Program, P.O. Box 47600, Olympia, WA 98504-

7600.
105

 (ii) One copy to each of the following federal land managers:

 (A) U.S. Department of the Interior - National Park Service; and

 (B) U.S. Department of Agriculture - U.S. Forest Service.

 (iii) One copy to the permitting authority with authority over the source under chapter 173-

401 WAC.

 (iv) One copy to EPA.

 (c) Application submittal and processing for the initial request, renewal or expiration of a 

PAL under 40 C.F.R. 52.21(aa) shall be done as provided in 40 C.F.R. 52.21(aa)(3) - (5), which 

is adopted by reference in WAC 173-400-720 (4)(a)(iv), except public participation must comply 

with WAC 173-400-740.

 (2) Application processing.

 (a) Completeness determination.

 (i) Within thirty days after receiving a PSD permit application, ecology shall either notify the 

applicant in writing that the application is complete or notify the applicant in writing of all 

additional information necessary to complete the application. Ecology may request additional 

information clarifying aspects of the application after it has been determined to be complete.

 (ii) The effective date of the application is the date on which ecology notifies the applicant 

that the application is complete pursuant to (a)(i) of this subsection.

 (iii) If an applicant fails or refuses to correct deficiencies in the application, the permit may be 

denied and appropriate enforcement action taken.

 (iv) The permitting authority shall send a copy of the completeness determination to the 

responsible federal land manager.

 (b) Preparation and issuance of the preliminary determination.

 (i) When the application has been determined to be complete, ecology shall begin developing 

the preliminary determination to approve or deny the application.

 (ii) As expeditiously as possible after receipt of a complete application, ecology shall provide 

the applicant with a preliminary determination along with a technical support document and a 

public notice.

 (c) Issuance of the final determination.
106

 (i) Ecology shall make no final decision until the public comment period has ended and all 

comments received during the public comment period have been considered.

 (ii) Within one year of the date of receipt of the complete application and as expeditiously as 

possible after the close of the public comment period, or hearing if one is held, ecology shall 

prepare and issue the final determination.

 (d) Once the PSD program set forth in WAC 173-400-700 through 173-400-750 is 

incorporated into the Washington SIP, the effective date of a determination will be either the date 

of issuance of the final determination, or a later date if specified in the final determination.

 Until the PSD program set forth in WAC 173-400-700 through 173-400-750 is incorporated 

into the Washington SIP, the effective date of a final determination is one of the following dates:

 (i) If no comments on the preliminary determination were received, the date of issuance; or

 (ii) If comments were received, thirty days after receipt of the final determination; or

 (iii) A later date as specified within the PSD permit approval.

 (3) PSD technical support document. Ecology shall develop a technical support document for 

each preliminary PSD determination. The preliminary technical support document will be 

updated prior to issuance of the final determination to reflect changes to the final determination 

based on comments received. The technical support document shall include the following 

information:

 (a) A brief description of the major stationary source, major modification, or activity subject 

to review;

 (b) The physical location, ownership, products and processes involved in the major stationary 

source or major modification subject to review;

 (c) The type and quantity of pollutants proposed to be emitted into the air;

 (d) A brief summary of the BACT options considered and the reasons why the selected BACT 

level of control was selected;

 (e) A brief summary of the basis for the permit approval conditions;

 (f) A statement on whether the emissions will or will not cause a state and national ambient 

air quality standard to be exceeded;

 (g) The degree of increment consumption expected to result from the source or modification;

 (h) An analysis of the impacts on air quality related values in federal Class I areas and other 

Class I areas affected by the project; and
107

 (i) An analysis of the impacts of the proposed emissions on visibility in any federal Class I 

area following the requirements in WAC 173-400-117.

 (4) Appeals. A PSD permit, any conditions contained in a PSD permit, or the denial of PSD 

permit may be appealed to the pollution control hearings board as provided in chapter 43.21B 

RCW. A PSD permit issued under the terms of a delegation agreement can be appealed to the 

EPA's environmental appeals board as provided in 40 C.F.R. 124.13 and 40 C.F.R. 124.19.

 (5) Construction time limitations.

 (a) Approval to construct or modify a major stationary source becomes invalid if construction 

is not commenced within eighteen months of the effective date of the approval, if construction is 

discontinued for a period of eighteen months or more, or if construction is not completed within 

a reasonable time. The time period between construction of the approved phases of a phased 

construction project cannot be extended. Each phase must commence construction within 

eighteen months of the projected and approved commencement date.

 (b) Ecology may extend the eighteen-month effective period of a PSD permit upon a 

satisfactory showing that an extension is justified. A request to extend the effective time to begin 

or complete actual construction under a PSD permit may be submitted. The request may result 

from the cessation of on-site construction before completion or failure to begin actual 

construction of the project(s) covered by the PSD permit.

 (i) Request requirements.

 (A) A written request for the extension, submitted by the PSD permit holder, as soon as 

possible prior to the expiration of the current PSD permit.

 (B) An evaluation of BACT and an updated ambient impact, including an increment analysis, 

for all pollutants subject to the approval conditions in the PSD permit.

 (ii) Duration of extensions.

 (A) No single extension of time shall be longer than eighteen months.

 (B) The cumulative time prior to beginning actual construction under the original PSD permit 

and all approved time extensions shall not exceed fifty-four months.

 (iii) Issuance of an extension.

 (A) Ecology may approve and issue an extension of the current PSD permit.

 (B) The extension of approval shall reflect any revised BACT limitations based on the 

evaluation of BACT presented in the request for extension and other information available to 

ecology.
108

 (C) The issuance of an extension is subject to the public involvement requirements in WAC 

173-400-740.

 (iv) For the extension of a PSD permit, ecology must prepare a technical support document 

consistent with WAC 173-400-730(3) only to the extent that those criteria apply to a request to 

extend the construction time limitation.

[Statutory Authority: Chapter 70.94 RCW. 12-24-027 (Order 11-10), § 173-400-730, filed 

11/28/12, effective 12/29/12; 11-06-060 (Order 09-01), § 173-400-730, filed 3/1/11, effective 

4/1/11. Statutory Authority: RCW 70.94.152. 05-03-033 (Order 03-07), § 173-400-730, filed 

1/10/05, effective 2/10/05.]

173-400-740 PSD permitting public involvement requirements.

 (1) Actions requiring notification of the public. Ecology must provide public notice before 

approving or denying any of the following types of actions related to implementation of the PSD 

program contained in WAC 173-400-720:

 (a) Any preliminary determination to approve or disapprove a PSD permit application; or

 (b) An extension of the time to begin construction or suspend construction under a PSD 

permit; or

 (c) A revision to a PSD permit, except an administrative amendment to an existing permit; or

 (d) Use of a modified or substituted model in Appendix W of 40 C.F.R. Part 51 (as in effect 

on May 1, 2012) as part of review of air quality impacts.

 (2) Notification of the public. As expeditiously as possible after the receipt of a complete PSD 

application, and as expeditiously as possible after receipt of a request for extension of the 

construction time limit under WAC 173-400-730(6) or after receipt of a nonadministrative 

revision to a PSD permit under WAC 173-400-750, ecology shall:

 (a) Make available for public inspection in at least one location in the vicinity where the 

proposed source would be constructed, or for revisions to a PSD permit where the permittee 

exists, a copy of the information submitted by the applicant, and any applicable preliminary 

determinations, including analyses of the effects on air quality and air quality related values, 

considered in making the preliminary determination. Exemptions from this requirement include 

information protected from disclosure under any applicable law, including, but not limited to, 

RCW 70.94.205 and chapter 173-03 WAC.

 (b) Notify the public by:
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 (i) Causing to be published, in a newspaper of general circulation in the area of the proposed 

project, the public notice prepared in accordance with WAC 173-400-730(4). The date the public 

notice is published in the newspaper starts the required thirty-day comment period.

 (ii) If ecology grants a request to extend the public comment period, the extension notice must 

also be published in a newspaper as noted above and a copy of the extension notice sent to the 

organizations and individuals listed in (c) and (d) of this subsection. The closing date of the 

extended comment period shall be as defined in the public comment period extension 

notification.

 (iii) If a hearing is held, the public comment period must extend through the hearing date.

 (iv) The applicant or other initiator of the action must pay the cost of providing public notice.

 (c) Send a copy of the public notice to:

 (i) Any Indian governing body whose lands may be affected by emissions from the project;

 (ii) The chief executive of the city where the project is located;

 (iii) The chief executive of the county where the project is located;

 (iv) Individuals or organizations that requested notification of the specific project proposal;

 (v) Other individuals who requested notification of PSD permits;

 (vi) Any state within 100 km of the proposed project.

 (d) Send a copy of the public notice, PSD preliminary determination, and the technical 

support document to:

 (i) The applicant;

 (ii) The affected federal land manager;

 (iii) EPA Region 10;

 (iv) The permitting authority with authority over the source under chapter 173-401 WAC;

 (v) Individuals or organizations who request a copy; and 

 (vi) The location for public inspection of material required under (a) of this subsection.

 (3) Public notice content. The public notice shall contain at least the following information:

 (a) The name and address of the applicant;

 (b) The location of the proposed project;
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 (c) A brief description of the project proposal;

 (d) The preliminary determination to approve or disapprove the application;

 (e) How much increment is expected to be consumed by this project;

 (f) The name, address, and telephone number of the person to contact for further information;

 (g) A brief explanation of how to comment on the project; 

 (h) An explanation on how to request a public hearing;

 (i) The location of the documents made available for public inspection;

 (j) There is a thirty-day period from the date of publication of the notice for submitting 

written comment to ecology;

 (k) A statement that a public hearing may be held if ecology determines within a thirty-day 

period that significant public interest exists;

 (l) The length of the public comment period in the event of a public hearing;

 (m) For projects subject to special protection requirements for federal Class I areas, in WAC 

173-400-117, and where ecology disagrees with the analysis done by the federal land manager, 

ecology shall explain its decision in the public notice or state that an explanation of the decision 

appears in the technical support document for the proposed approval or denial.

 (4) Public hearings.

 (a) The applicant, any interested governmental entity, any group, or any person may request a 

public hearing within the thirty-day public comment period. A request must indicate the interest 

of the entity filing it and why a hearing is warranted. Whether a request for a hearing is filed or 

not, ecology may hold a public hearing if it determines significant public interest exists. Ecology 

will determine the location, date, and time of the public hearing.

 (b) Notification of a public hearing will be accomplished per the requirements of WAC 173-

400-740(2).

 (c) The public must be notified at least thirty days prior to the date of the hearing (or first of a 

series of hearings).

 (5) Consideration of public comments. Ecology shall make no final decision on any 

application or action of any type described in subsection (1) of this section until the public 

comment period has ended and any comments received during the public comment period have 

been considered. Ecology shall make all public comments available for public inspection at the 
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same locations where the preconstruction information on the proposed major source or major 

modification was made available.

 (6) Issuance of a final determination.

 (a) The final approval or disapproval determination must be made within one year of receipt 

of a complete application and must include the following:

 (i) A copy of the final PSD permit or the determination to deny the permit;

 (ii) A summary of the comments received;

 (iii) Ecology's response to those comments;

 (iv) A description of what approval conditions changed from the preliminary determination; 

and

 (v) A cover letter that includes an explanation of how the final determination may be 

appealed.

 (b) Ecology shall mail a copy of the cover letter that accompanies the final determination to:

 (i) Individuals or organizations that requested notification of the specific project proposal;

 (ii) Other individuals who requested notification of PSD permits.

 (c) A copy of the final determination shall be sent to:

 (i) The applicant;

 (ii) U.S. Department of the Interior - National Park Service;

 (iii) U.S. Department of Agriculture - Forest Service;

 (iv) EPA Region 10;

 (v) The permitting authority with authority over the source under chapter 173-401 WAC;

 (vi) Any person who commented on the preliminary determination; and

 (vii) The location for public inspection of material required under subsection (2)(a) of this 

section.

[Statutory Authority: Chapter 70.94 RCW. 12-24-027 (Order 11-10), § 173-400-740, filed 

11/28/12, effective 12/29/12. Statutory Authority: RCW 70.94.152. 05-03-033 (Order 03-07), § 

173-400-740, filed 1/10/05, effective 2/10/05.]
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173-400-750 Revisions to PSD permits.

(1) The owner or operator may request, at any time, a change in conditions of a PSD permit and 

ecology may approve the request provided ecology finds that:

 (a) The change in conditions will not cause the source to exceed an emissions standard 

established by regulation;

 (b) No ambient air quality standard or PSD increment will be exceeded as a result of the 

change;

 (c) The change will not adversely impact the ability of ecology or the authority to determine 

compliance with an emissions standard;

 (d) The revised PSD permit will continue to require BACT for each new or modified emission 

unit approved by the original PSD permit; and

 (e) The revised PSD permit continues to meet the requirements of WAC 173-400-800 through 

173-400-860, and 173-400-113, as applicable.

 (2) A request to revise a PSD permit must be acted upon using the timelines found in WAC 

173-400-730. The fee schedule found in chapter 173-455 WAC also applies.

 (3) All revisions to PSD permits are subject to public involvement except for the following 

administrative revisions: 

 (a) Change of the owner or operator's business name and/or mailing address;

 (b) Corrections to typographical errors;

 (c) Revisions to compliance monitoring methods that provide for more frequent monitoring, 

replace a periodic monitoring requirement with a continuous monitoring, result in replacement of 

a manual emission testing method with an instrumental method, or other similar changes that 

based on ecology's technical evaluation of the proposal, do not reduce the ability of the 

permittee, the public, the permitting authority, EPA, or ecology to determine compliance with 

the emission limitations;

 (d) Revisions to reporting requirements contained in a PSD permit to coordinate reporting 

with reporting requirements contained in the air operating permit issued to the source or that 

result in more frequent reporting by the permittee; or

 (e) Any other revision, similar to those listed above, that based on ecology's technical 

evaluation of the proposal, does not reduce the stringency of the emission limitations in the PSD 

permit or the ability of ecology, the permitting authority, EPA, or the public to determine 

compliance with the approval conditions in the PSD permit.
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[Statutory Authority: Chapter 70.94 RCW. 12-24-027 (Order 11-10), § 173-400-750, filed 

11/28/12, effective 12/29/12; 11-06-060 (Order 09-01), § 173-400-750, filed 3/1/11, effective 

4/1/11. Statutory Authority: RCW 70.94.152. 05-03-033 (Order 03-07), § 173-400-750, filed 

1/10/05, effective 2/10/05.]

173-400-800 Major stationary source and major modification in a nonattainment area.

WAC 173-400-800 through173-400-860 apply statewide except where a permitting authority has 

a permitting program for major stationary sources in a nonattainment area incorporated into the 

Washington state implementation plan as replacement for these sections.

 These requirements apply to any new major stationary source or major modification of an 

existing major stationary source located in a designated nonattainment area that is major for the 

pollutant or pollutants for which the area is designated as not in attainment of one or more 

national ambient air quality standards.

[Statutory Authority: Chapter 70.94 RCW. 11-06-060 (Order 09-01), § 173-400-800, filed 

3/1/11, effective 4/1/11.]

173-400-810 Major stationary source and major modification definitions.

 The definitions in this section must be used in the major stationary source nonattainment area 

permitting requirements in WAC 173-400-800 through173-400-860 . If a term is defined 

differently in the federal program requirements for issuance, renewal and expiration of a Plant 

Wide Applicability Limit which are adopted by reference in WAC 173-400-850, then that 

definition is to be used for purposes of the Plant Wide Applicability Limit program.

 (1) Actual emissions means:

 (a) The actual rate of emissions of a regulated NSR pollutant from an emissions unit, as 

determined in accordance with (b) through (d) of this subsection. This definition does not apply 

when calculating whether a significant emissions increase has occurred, or for establishing a 

PAL under WAC 173-400-850. Instead, "projected actual emissions" and "baseline actual 

emissions" as defined in subsections (2) and (23) of this section apply for those purposes.

 (b) In general, actual emissions as of a particular date shall equal the average rate, in tons per 

year, at which the unit actually emitted the pollutant during a consecutive twenty-four-month 

period which precedes the particular date and which is representative of normal source operation. 

The permitting authority shall allow the use of a different time period upon a determination that 

it is more representative of normal source operation. Actual emissions shall be calculated using 

the unit's actual operating hours, production rates, and types of materials processed, stored, or 

combusted during the selected time period. 
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 (c) The permitting authority may presume that source-specific allowable emissions for the 

unit are equivalent to the actual emissions of the unit.

 (d) For any emissions unit that has not begun normal operations on the particular date, actual 

emissions shall equal the potential to emit of the unit on that date.

 (2) Baseline actual emissions means the rate of emissions, in tons per year, of a regulated 

NSR pollutant, as determined in accordance with (a) through (d) of this subsection.

 (a) For any existing electric utility steam generating unit, baseline actual emissions means the 

average rate, in tons per year, at which the unit actually emitted the pollutant during any 

consecutive twenty-four-month period selected by the owner or operator within the five-year 

period immediately preceding when the owner or operator begins actual construction of the 

project. The permitting authority shall allow the use of a different time period upon a 

determination that it is more representative of normal source operation.

 (i) The average rate shall include emissions associated with startups, shutdowns, and 

malfunctions; and, for an emissions unit that is part of one of the source categories listed in 

subsection (14)(e) of this section, the definition of major stationary source, or for an emissions 

unit that is located at a major stationary source that belongs to one of the listed source categories, 

the average rate shall include fugitive emissions (to the extent quantifiable).

 (ii) The average rate shall be adjusted downward to exclude any noncompliant emissions that 

occurred while the source was operating above any emission limitation that was legally 

enforceable during the consecutive twenty-four-month period.

 (iii) For a regulated NSR pollutant, when a project involves multiple emissions units, only 

one consecutive twenty-four-month period must be used to determine the baseline actual 

emissions for the emissions units being changed. A different consecutive twenty-four-month 

period can be used for each regulated NSR pollutant.

 (iv) The average rate shall not be based on any consecutive twenty-four-month period for 

which there is inadequate information for determining annual emissions, in tons per year, and for 

adjusting this amount if required by (a)(ii) of this subsection.

 (b) For an existing emissions unit (other than an electric utility steam generating unit), 

baseline actual emissions means the average rate, in tons per year, at which the emissions unit 

actually emitted the pollutant during any consecutive twenty-four-month period selected by the 

owner or operator within the ten-year period immediately preceding either the date the owner or 

operator begins actual construction of the project, or the date a complete permit application is 

received by the permitting authority for a permit required either under WAC 173-400-800 

through173-400-860 or under a plan approved by the administrator, whichever is earlier, except 

that the ten-year period shall not include any period earlier than November 15, 1990.
115

 (i) The average rate shall include emissions associated with startups, shutdowns, and 

malfunctions; and, for an emissions unit that is part of one of the source categories listed in 

subsection (14)(e) of this section, the definition of major stationary source, or for an emissions 

unit that is located at a major stationary source that belongs to one of the listed source categories, 

the average rate shall include fugitive emissions (to the extent quantifiable).

 (ii) The average rate shall be adjusted downward to exclude any noncompliant emissions that 

occurred while the source was operating above an emission limitation that was legally 

enforceable during the consecutive twenty-four-month period.

 (iii) The average rate shall be adjusted downward to exclude any emissions that would have 

exceeded an emission limitation with which the major stationary source must currently comply, 

had such major stationary source been required to comply with such limitations during the 

consecutive twenty-four-month period. However, if an emission limitation is part of a maximum 

achievable control technology standard that the administrator proposed or promulgated under 40 

C.F.R. Part 63, the baseline actual emissions need only be adjusted if the state has taken credit 

for such emissions reductions in an attainment demonstration or maintenance plan as part of the 

demonstration of attainment or as reasonable further progress to attain the NAAQS.

 (iv) For a regulated NSR pollutant, when a project involves multiple emissions units, only one 

consecutive twenty-four-month period must be used to determine the baseline actual emissions 

for the emissions units being changed. A different consecutive twenty-four-month period can be 

used for each regulated NSR pollutant.

 (v) The average rate shall not be based on any consecutive twenty-four-month period for 

which there is inadequate information for determining annual emissions, in tons per year, and for 

adjusting this amount if required under (b)(ii) and (iii) of this subsection.

 (c) For a new emissions unit, the baseline actual emissions for purposes of determining the 

emissions increase that will result from the initial construction and operation of such unit shall 

equal zero; and thereafter, for all other purposes, shall equal the unit's potential to emit. In the 

latter case, fugitive emissions, to the extent quantifiable, shall be included only if the emissions 

unit is part of one of the source categories listed in subsection (14)(e) of this section, the 

definition of major stationary source, or if the emissions unit is located at a major stationary 

source that belongs to one of the listed source categories.

 (d) For a PAL for a major stationary source, the baseline actual emissions shall be calculated 

for existing electric utility steam generating units in accordance with the procedures contained in 

(a) of this subsection, for other existing emissions units in accordance with the procedures 

contained in (b) of this subsection, and for a new emissions unit in accordance with the 

procedures contained in (c) of this subsection, except that fugitive emissions (to the extent 

quantifiable) shall be included regardless of the source category.
116

 (3) Building, structure, facility, or installation means all of the pollutant-emitting activities 

which belong to the same industrial grouping, are located on one or more contiguous or adjacent 

properties, and are under the control of the same person (or persons under common control) 

except the activities of any vessel. Pollutant-emitting activities shall be considered as part of the 

same industrial grouping if they belong to the same major group (i.e., which have the same twodigit code) as described in the Standard Industrial Classification Manual, 1972, as amended by 

the 1977 Supplement (U.S. Government Printing Office stock numbers 4101-0065 and 003-005-

00176-0, respectively). 

 (4) Clean coal technology means any technology, including technologies applied at the 

precombustion, combustion, or post combustion stage, at a new or existing facility which will 

achieve significant reductions in air emissions of sulfur dioxide or oxides of nitrogen associated 

with the utilization of coal in the generation of electricity, or process steam which was not in 

widespread use as of November 15, 1990.

 (5) Clean coal technology demonstration project means a project using funds appropriated 

under the heading "Department of Energy-Clean Coal Technology," up to a total amount of two 

and one-half billion dollars for commercial demonstration of clean coal technology, or similar 

projects funded through appropriations for the Environmental Protection Agency. The federal 

contribution for a qualifying project shall be at least twenty percent of the total cost of the 

demonstration project.

 (6) Construction means any physical change or change in the method of operation (including 

fabrication, erection, installation, demolition, or modification of an emissions unit) that would 

result in a change in emissions.

 (7) Continuous emissions monitoring system (CEMS) means all of the equipment that may be 

required to meet the data acquisition and availability requirements of this section, to sample, 

condition (if applicable), analyze, and provide a record of emissions on a continuous basis.

 (8) Continuous parameter monitoring system (CPMS) means all of the equipment necessary 

to meet the data acquisition and availability requirements of this section, to monitor process and 

control device operational parameters (for example, control device secondary voltages and 

electric currents) and other information (for example, gas flow rate, O2 or CO2 concentrations), 

and to record average operational parameter value(s) on a continuous basis.

 (9) Continuous emissions rate monitoring system (CERMS) means the total equipment 

required for the determination and recording of the pollutant mass emissions rate (in terms of 

mass per unit of time).

 (10) Electric utility steam generating unit means any steam electric generating unit that is 

constructed for the purpose of supplying more than one-third of its potential electric output 

capacity and more than 25 MW electrical output to any utility power distribution system for sale. 
117

Any steam supplied to a steam distribution system for the purpose of providing steam to a steamelectric generator that would produce electrical energy for sale is also considered in determining 

the electrical energy output capacity of the affected facility.

 (11) Emissions unit means any part of a stationary source that emits or would have the 

potential to emit any regulated NSR pollutant and includes an electric steam generating unit. For 

purposes of this section, there are two types of emissions units:

 (a) A new emissions unit is any emissions unit which is (or will be) newly constructed and 

which has existed for less than two years from the date such emissions unit first operated.

 (b) An existing emissions unit is any emissions unit that is not a new emissions unit. A 

replacement unit, as defined in subsection (25) of this section is an existing emissions unit.

 (12) Fugitive emissions means those emissions which could not reasonably pass through a 

stack, chimney, vent or other functionally equivalent opening. Fugitive emissions, to the extent 

quantifiable, are addressed as follows for the purposes of this section:

 (a) In determining whether a stationary source or modification is major, fugitive emissions 

from an emissions unit are included only if the emissions unit is part of one of the source 

categories listed in subsection (14)(e) of this section, the definition of major stationary source, or 

the emissions unit is located at a stationary source that belongs to one of those source categories. 

Fugitive emissions are not included for those emissions units located at a facility whose primary 

activity is not represented by one of the source categories listed in subsection (14)(e) of this 

section, the definition of major stationary source and that are not, by themselves, part of a listed 

source category.

 (b) For purposes of determining the net emissions increase associated with a project, an 

increase or decrease in fugitive emissions is creditable only if it occurs at an emissions unit that 

is part of one of the source categories listed in subsection (14)(e) of this section, the definition of 

major stationary source, or if the emission unit is located at a major stationary source that 

belongs to one of the listed source categories. Fugitive emission increases or decreases are not 

creditable for those emissions units located at a facility whose primary activity is not represented 

by one of the source categories listed in subsection (14)(e) of this section, the definition of major 

stationary source, and that are not, by themselves, part of a listed source category.

 (c) For purposes of determining the projected actual emissions of an emissions unit after a 

project, fugitive emissions are included only if the emissions unit is part of one of the source 

categories listed in subsection (14)(e) of this section, the definition of major stationary source, or 

if the emission unit is located at a major stationary source that belongs to one of the listed source 

categories. Fugitive emissions are not included for those emissions units located at a facility 

whose primary activity is not represented by one of the source categories listed in subsection 
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(14)(e) of this section, the definition of major stationary source, and that are not, by themselves, 

part of a listed source category.

 (d) For purposes of determining the baseline actual emissions of an emissions unit, fugitive 

emissions are included only if the emissions unit is part of one of the source categories listed in 

subsection (14)(e) of this section, the definition of major stationary source, or if the emission unit 

is located at a major stationary source that belongs to one of the listed source categories, except 

that, for a PAL, fugitive emissions shall be included regardless of the source category. With the 

exception of PALs, fugitive emissions are not included for those emissions units located at a 

facility whose primary activity is not represented by one of the source categories listed in 

subsection (14)(e) of this section, the definition of major stationary source, and that are not, by 

themselves, part of a listed source category.

 (e) In calculating whether a project will cause a significant emissions increase, fugitive 

emissions are included only for those emissions units that are part of one of the source categories 

listed in subsection (14)(e) of this section, the definition of major stationary source, or for any 

emissions units that are located at a major stationary source that belongs to one of the listed 

source categories. Fugitive emissions are not included for those emissions units located at a 

facility whose primary activity is not represented by one of the source categories listed in 

subsection (14)(e) of this section, the definition of major stationary source, and that are not, by 

themselves, part of a listed source category.

 (f) For purposes of monitoring and reporting emissions from a project after normal operations 

have been resumed, fugitive emissions are included only for those emissions units that are part of 

one of the source categories listed in subsection (14)(e) of this section, the definition of major 

stationary source, or for any emissions units that are located at a major stationary source that 

belongs to one of the listed source categories. Fugitive emissions are not included for those 

emissions units located at a facility whose primary activity is not represented by one of the 

source categories listed in subsection (14)(e) of this section, the definition of major stationary 

source, and that are not, by themselves, part of a listed source category.

 (g) For all other purposes of this section, fugitive emissions are treated in the same manner as 

other, nonfugitive emissions. This includes, but is not limited to, the treatment of fugitive 

emissions for offsets (see WAC 173-400-840(7)) and for PALs (see WAC 173-400-850).

 (13) Lowest achievable emission rate (LAER) means, for any source, the more stringent rate 

of emissions based on the following:

 (a) The most stringent emissions limitation which is contained in the implementation plan of 

any state for such class or category of stationary source, unless the owner or operator of the 

proposed stationary source demonstrates that such limitations are not achievable; or
119

 (b) The most stringent emissions limitation which is achieved in practice by such class or 

category of stationary sources. This limitation, when applied to a modification, means the lowest 

achievable emissions rate for the new or modified emissions units within a stationary source. In 

no event shall the application of the term permit a proposed new or modified stationary source to 

emit any pollutant in excess of the amount allowable under an applicable new source standard of 

performance.

 (14)(a) Major stationary source means any stationary source of air pollutants that emits, or has 

the potential to emit, one hundred tons per year or more of any regulated NSR pollutant, except 

that lower emissions thresholds apply in areas subject to sections 181-185B, sections 186 and 

187, or sections 188-190 of the Federal Clean Air Act. In those areas the following thresholds 

apply:

 (i) Fifty tons per year of volatile organic compounds in any serious ozone nonattainment area;

 (ii) Fifty tons per year of volatile organic compounds in an area within an ozone transport 

region, except for any severe or extreme ozone nonattainment area;

 (iii) Twenty-five tons per year of volatile organic compounds in any severe ozone 

nonattainment area;

 (iv) Ten tons per year of volatile organic compounds in any extreme ozone nonattainment 

area;

 (v) Fifty tons per year of carbon monoxide in any serious nonattainment area for carbon 

monoxide, where stationary sources contribute significantly to carbon monoxide levels in the 

area (as determined under rules issued by the administrator);

 (vi) Seventy tons per year of PM-10 in any serious nonattainment area for PM-10.

 (b) For the purposes of applying the requirements of WAC 173-400-830 to stationary sources 

of nitrogen oxides located in an ozone nonattainment area or in an ozone transport region, any 

stationary source which emits, or has the potential to emit, one hundred tons per year or more of 

nitrogen oxides emissions, except that the emission thresholds in (b)(i) through (vi) of this 

subsection shall apply in areas subject to sections 181-185B of the Federal Clean Air Act.

 (i) One hundred tons per year or more of nitrogen oxides in any ozone nonattainment area 

classified as marginal or moderate.

 (ii) One hundred tons per year or more of nitrogen oxides in any ozone nonattainment area 

classified as a transitional, submarginal, or incomplete or no data area, when such area is located 

in an ozone transport region.
120

 (iii) One hundred tons per year or more of nitrogen oxides in any area designated under 

section 107(d) of the Federal Clean Air Act as attainment or unclassifiable for ozone that is 

located in an ozone transport region.

 (iv) Fifty tons per year or more of nitrogen oxides in any serious nonattainment area for 

ozone.

 (v) Twenty-five tons per year or more of nitrogen oxides in any severe nonattainment area for 

ozone.

 (vi) Ten tons per year or more of nitrogen oxides in any extreme nonattainment area for 

ozone.

 (c) Any physical change that would occur at a stationary source not qualifying under (a) and 

(b) of this subsection as a major stationary source, if the change would constitute a major 

stationary source by itself.

 (d) A major stationary source that is major for volatile organic compounds shall be considered 

major for ozone.

 (e) The fugitive emissions of a stationary source shall not be included in determining for any 

of the purposes of subsection (14) of this section whether it is a major stationary source, unless 

the source belongs to one of the following categories of stationary sources:

 (i) Coal cleaning plants (with thermal dryers);

 (ii) Kraft pulp mills;

 (iii) Portland cement plants;

 (iv) Primary zinc smelters;

 (v) Iron and steel mills;

 (vi) Primary aluminum ore reduction plants;

 (vii) Primary copper smelters;

 (viii) Municipal incinerators capable of charging more than fifty tons of refuse per day;

 (ix) Hydrofluoric, sulfuric, or nitric acid plants;

 (x) Petroleum refineries;

 (xi) Lime plants;

 (xii) Phosphate rock processing plants;
121

 (xiii) Coke oven batteries;

 (xiv) Sulfur recovery plants;

 (xv) Carbon black plants (furnace process);

 (xvi) Primary lead smelters;

 (xvii) Fuel conversion plants;

 (xviii) Sintering plants;

 (xix) Secondary metal production plants;

 (xx) Chemical process plants - The term chemical processing plant shall not include ethanol 

production facilities that produce ethanol by natural fermentation included in NAICS codes 

325193 or 312140;

 (xxi) Fossil-fuel boilers (or combination thereof) totaling more than two hundred fifty million 

British thermal units per hour heat input;

 (xxii) Petroleum storage and transfer units with a total storage capacity exceeding three 

hundred thousand barrels;

 (xxiii) Taconite ore processing plants;

 (xxiv) Glass fiber processing plants;

 (xxv) Charcoal production plants;

 (xxvi) Fossil fuel-fired steam electric plants of more than two hundred fifty million British 

thermal units per hour heat input; and

 (xxvii) Any other stationary source category which, as of August 7, 1980, is being regulated 

under section 111 or 112 of the act.

 (15)(a) Major modification means any physical change in or change in the method of 

operation of a major stationary source that would result in:

 (i) A significant emissions increase of a regulated NSR pollutant; and

 (ii) A significant net emissions increase of that pollutant from the major stationary source.

 (b) Any significant emissions increase from any emissions units or net emissions increase at a 

major stationary source that is significant for volatile organic compounds shall be considered 

significant for ozone.
122

 (c) A physical change or change in the method of operation shall not include:

 (i) Routine maintenance, repair and replacement;

 (ii) Use of an alternative fuel or raw material by reason of an order under sections 2 (a) and 

(b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding 

legislation) or by reason of a natural gas curtailment plan pursuant to the Federal Power Act;

 (iii) Use of an alternative fuel by reason of an order or rule section 125 of the Federal Clean 

Air Act;

 (iv) Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated 

from municipal solid waste;

 (v) Use of an alternative fuel or raw material by a stationary source which:

 (A) The source was capable of accommodating before December 21, 1976, unless such 

change would be prohibited under any federally enforceable permit condition which was 

established after December 12, 1976, pursuant to 40 C.F.R. 52.21 or under regulations approved 

pursuant to 40 C.F.R. Part 51, Subpart I or section 51.166; or

 (B) The source is approved to use under any permit issued under regulations approved by the 

administrator implementing 40 C.F.R. 51.165.

 (vi) An increase in the hours of operation or in the production rate, unless such change is 

prohibited under any federally enforceable permit condition which was established after 

December 21, 1976, pursuant to 40 C.F.R. 52.21 or regulations approved pursuant to 40 C.F.R. 

Part 51, Subpart I or 40 C.F.R. 51.166;

 (vii) Any change in ownership at a stationary source;

 (viii) The installation, operation, cessation, or removal of a temporary clean coal technology 

demonstration project, provided that the project complies with:

 (A) The state implementation plan for the state in which the project is located; and

 (B) Other requirements necessary to attain and maintain the National Ambient Air Quality 

Standard during the project and after it is terminated.

 (d) This definition shall not apply with respect to a particular regulated NSR pollutant when 

the major stationary source is complying with the requirements for a PAL for that pollutant. 

Instead, the definitions in 40 C.F.R. Part 51, Appendix S adopted by reference in WAC 173-400-

850 shall apply.

 (e) For the purpose of applying the requirements of WAC 173-400-830 (1)(i) to modifications 

at major stationary sources of nitrogen oxides located in ozone nonattainment areas or in ozone 
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transport regions, whether or not subject to sections 181-185B, Part D, Title I of the Federal 

Clean Air Act, any significant net emissions increase of nitrogen oxides is considered significant 

for ozone.

 (f) Any physical change in, or change in the method of operation of, a major stationary source 

of volatile organic compounds that results in any increase in emissions of volatile organic 

compounds from any discrete operation, emissions unit, or other pollutant emitting activity at the 

source shall be considered a significant net emissions increase and a major modification for 

ozone, if the major stationary source is located in an extreme ozone nonattainment area that is 

subject to sections 181-185B, Part D, Title I of the Federal Clean Air Act.

 (g) Fugitive emissions shall not be included in determining for any of the purposes of this 

section whether a physical change in or change in the method of operation of a major stationary

source is a major modification, unless the source belongs to one of the source categories listed in 

subsection (14)(e) of this section, the definition of major stationary source.

 (16) Necessary preconstruction approvals or permits means those permits or orders of 

approval required under federal air quality control laws and regulations or under air quality 

control laws and regulations which are part of the applicable state implementation plan.

 (17)(a) Net emissions increase means with respect to any regulated NSR pollutant emitted by 

a major stationary source, the amount by which the sum of the following exceeds zero:

 (i) The increase in emissions from a particular physical change or change in the method of 

operation at a stationary source as calculated pursuant to WAC 173-400-820 (2) and (3); and

 (ii) Any other increases and decreases in actual emissions at the major stationary source that 

are contemporaneous with the particular change and are otherwise creditable. In determining the 

net emissions increase, baseline actual emissions for calculating increases and decreases shall be 

determined as provided in the definition of baseline actual emissions, except that subsection 

(2)(a)(iii) and (b)(iv) of this section, in the definition of baseline actual emissions, shall not 

apply.

 (b) An increase or decrease in actual emissions is contemporaneous with the increase from the 

particular change only if it occurs before the date that the increase from the particular change 

occurs;

 (c) An increase or decrease in actual emissions is creditable only if:

 (i) It occurred no more than one year prior to the date of submittal of a complete notice of 

construction application for the particular change, or it has been documented by an emission 

reduction credit (ERC). Any emissions increases occurring between the date of issuance of the 

ERC and the date when a particular change becomes operational shall be counted against the 

ERC; and
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 (ii) The permitting authority has not relied on it in issuing a permit for the source under 

regulations approved pursuant to 40 C.F.R. 51.165, which permit is in effect when the increase in 

actual emissions from the particular change occurs; and

 (iii) As it pertains to an increase or decrease in fugitive emissions (to the extent quantifiable), 

it occurs at an emissions unit that is part of one of the source categories listed in subsection 

(14)(e) of this section, the definition of major stationary source, or it occurs at an emissions unit 

that is located at a major stationary source that belongs to one of the listed source categories. 

Fugitive emission increases or decreases are not creditable for those emissions units located at a 

facility whose primary activity is not represented by one of the source categories listed in 

subsection (14)(e) of this section, the definition of major stationary source, and that are not, by 

themselves, part of a listed source category.

 (d) An increase in actual emissions is creditable only to the extent that the new level of actual 

emissions exceeds the old level;

 (e) A decrease in actual emissions is creditable only to the extent that:

 (i) The old level of actual emission or the old level of allowable emissions whichever is 

lower, exceeds the new level of actual emissions;

 (ii) It is enforceable as a practical matter at and after the time that actual construction on the 

particular change begins;

 (iii) The permitting authority has not relied on it as part of an offsetting transaction under 

WAC 173-400-113(4) or 173-400-830 or in issuing any permit under regulations approved 

pursuant to 40 C.F.R. Part 51, Subpart I or the state has not relied on it in demonstrating 

attainment or reasonable further progress;

 (iv) It has approximately the same qualitative significance for public health and welfare as 

that attributed to the increase from the particular change; and

 (f) An increase that results from a physical change at a source occurs when the emissions unit 

on which construction occurred becomes operational and begins to emit a particular pollutant.

 (g) Any replacement unit that requires shakedown becomes operational only after a 

reasonable shakedown period, not to exceed one hundred eighty days.

 (h) Subsection (1)(b) of this section, in the definition of actual emissions, shall not apply for 

determining creditable increases and decreases or after a change.

 (18) Nonattainment major new source review (NSR) program means the major source 

preconstruction permit program that has been approved by the administrator and incorporated 

into the plan to implement the requirements of 40 C.F.R. 51.165, or a program that implements 
125

40 C.F.R. Part 51 Appendix S, sections I through VI. Any permit issued under either program is 

a major NSR permit.

 (19) Pollution prevention means any activity that through process changes, product 

reformulation or redesign, or substitution of less polluting raw materials, eliminates or reduces 

the release of air pollutants (including fugitive emissions) and other pollutants to the 

environment prior to recycling, treatment, or disposal; it does not mean recycling (other than 

certain "in-process recycling" practices), energy recovery, treatment, or disposal.

 (20) Predictive emissions monitoring system (PEMS) means all of the equipment necessary to 

monitor process and control device operational parameters (for example, control device 

secondary voltages and electric currents) and other information (for example, gas flow rate, O2 

or CO2 concentrations), and calculate and record the mass emissions rate (for example, lb/hr) on 

a continuous basis.

 (21) Prevention of significant deterioration (PSD) permit means any permit that is issued 

under the major source preconstruction permit program that has been approved by the 

administrator and incorporated into the plan to implement the requirements of 40 C.F.R. 51.166, 

or under the program in 40 C.F.R. 52.21.

 (22) Project means a physical change in, or change in the method of operation of, an existing 

major stationary source.

 (23)(a) Projected actual emissions means the maximum annual rate, in tons per year, at which 

an existing emissions unit is projected to emit a regulated NSR pollutant in any one of the five 

years (twelve-month period) following the date the unit resumes regular operation after the 

project, or in any one of the ten years following that date, if the project involves increasing the 

emissions unit's design capacity or its potential to emit of that regulated NSR pollutant and full 

utilization of the unit would result in a significant emissions increase or a significant net 

emissions increase at the major stationary source.

 (b) In determining the projected actual emissions before beginning actual construction, the 

owner or operator of the major stationary source:

 (i) Shall consider all relevant information including, but not limited to, historical operational 

data, the company's own representations, the company's expected business activity and the 

company's highest projections of business activity, the company's filings with the state or federal 

regulatory authorities, and compliance plans under the approved plan; and

 (ii) Shall include emissions associated with startups, shutdowns, and malfunctions; and, for an 

emissions unit that is part of one of the source categories listed in subsection (14)(e) of this 

section, the definition of major stationary source, or for an emissions unit that is located at a 
126

major stationary source that belongs to one of the listed source categories, shall include fugitive 

emissions (to the extent quantifiable); and

 (iii) Shall exclude, in calculating any increase in emissions that results from the particular 

project, that portion of the unit's emissions following the project that an existing unit could have 

accommodated during the consecutive twenty-four-month period used to establish the baseline 

actual emissions and that are also unrelated to the particular project, including any increased 

utilization due to product demand growth; or

 (iv) In lieu of using the method set out in (b)(i) through (iii) of this subsection, the owner or 

operator may elect to use the emissions unit's potential to emit, in tons per year. For this purpose, 

if the emissions unit is part of one of the source categories listed in subsection (14)(e) of this 

section, the definition of major stationary source or if the emissions unit is located at a major 

stationary source that belongs to one of the listed source categories, the unit's potential to emit 

shall include fugitive emissions (to the extent quantifiable).

 (24)(a) Regulated NSR pollutant, means the following:

 (i) Nitrogen oxides or any volatile organic compounds;

 (ii) Any pollutant for which a National Ambient Air Quality Standard has been promulgated;

 (iii) Any pollutant that is identified under this subsection as a constituent or precursor of a 

general pollutant listed in (a)(i) or (ii) of this subsection, provided that such constituent or 

precursor pollutant may only be regulated under NSR as part of regulation of the general 

pollutant. For purposes of NSR precursor pollutants are the following:

 (A) Volatile organic compounds and nitrogen oxides are precursors to ozone in all ozone 

nonattainment areas.

 (B) Sulfur dioxide is a precursor to PM-2.5 in all PM-2.5 nonattainment areas.

 (C) Nitrogen oxides are precursors to PM-2.5 in all PM-2.5 nonattainment areas.

 (b) PM-2.5 emissions and PM-10 emissions shall include gaseous emissions from a source or 

activity which condense to form particulate matter at ambient temperatures. On or after January 

1, 2011, such condensable particulate matter shall be accounted for in applicability 

determinations and in establishing emissions limitations for PM-2.5 in nonattainment major NSR 

permits. Compliance with emissions limitations for PM-2.5 issued prior to this date shall not be 

based on condensable particulate matter unless required by the terms and conditions of the 

permit or the applicable implementation plan. Applicability determinations for PM-2.5 made 

prior to the effective date of WAC 173-400-800 through 173-400-850 made without accounting 

for condensable particulate matter shall not be considered in violation of WAC 173-400-800 

through173-400-850 .
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 (25)(a) Replacement unit means an emissions unit for which all the criteria listed below are 

met:

 (i) The emissions unit is a reconstructed unit within the meaning of 40 C.F.R. 60.15 (b)(1), or 

the emissions unit completely takes the place of an existing emissions unit.

 (ii) The emissions unit is identical to or functionally equivalent to the replaced emissions unit.

 (iii) The replacement does not alter the basic design parameters of the process unit. Basic 

design parameters are:

 (A) Except as provided in (a)(iii)(C) of this subsection, for a process unit at a steam electric 

generating facility, the owner or operator may select as its basic design parameters either 

maximum hourly heat input and maximum hourly fuel consumption rate or maximum hourly 

electric output rate and maximum steam flow rate. When establishing fuel consumption 

specifications in terms of weight or volume, the minimum fuel quality based on British thermal 

units content must be used for determining the basic design parameter(s) for a coal-fired electric 

utility steam generating unit.

 (B) Except as provided in (a)(iii)(C) of this subsection, the basic design parameter(s) for any 

process unit that is not at a steam electric generating facility are maximum rate of fuel or heat 

input, maximum rate of material input, or maximum rate of product output. Combustion process 

units will typically use maximum rate of fuel input. For sources having multiple end products 

and raw materials, the owner or operator should consider the primary product or primary raw 

material of the process unit when selecting a basic design parameter.

 (C) If the owner or operator believes the basic design parameter(s) in (a)(iii)(A) and (B) of 

this subsection is not appropriate for a specific industry or type of process unit, the owner or 

operator may propose to the reviewing authority an alternative basic design parameter(s) for the 

source's process unit(s). If the reviewing authority approves of the use of an alternative basic 

design parameter(s), the reviewing authority will issue a new permit or modify an existing permit 

that is legally enforceable that records such basic design parameter(s) and requires the owner or 

operator to comply with such parameter(s).

 (D) The owner or operator shall use credible information, such as results of historic maximum 

capability tests, design information from the manufacturer, or engineering calculations, in 

establishing the magnitude of the basic design parameter(s) specified in (a)(iii)(A) and (B) of this 

subsection.

 (E) If design information is not available for a process unit, then the owner or operator shall 

determine the process unit's basic design parameter(s) using the maximum value achieved by the 

process unit in the five-year period immediately preceding the planned activity.

 (F) Efficiency of a process unit is not a basic design parameter.
128

 (iv) The replaced emissions unit is permanently removed from the major stationary source, 

otherwise permanently disabled, or permanently barred from operation by a permit that is 

enforceable as a practical matter. If the replaced emissions unit is brought back into operation, it 

shall constitute a new emissions unit.

 (b) No creditable emission reductions shall be generated from shutting down the existing 

emissions unit that is replaced.

 (26) Reviewing authority means "permitting authority" as defined in WAC 173-400-030.

 (27) Significant means:

 (a) In reference to a net emissions increase or the potential of a source to emit any of the 

following pollutants, a rate of emissions that would equal or exceed any of the following rates:

Pollutant Emission Rate 

Carbon monoxide 100 tons per year (tpy) 

Nitrogen oxides 40 tons per year 

Sulfur dioxide 40 tons per year 

Ozone 40 tons per year of volatile organic 

compounds or nitrogen oxides 

Lead 0.6 tons per year 

PM-10 15 tons per year 

PM-2.5 10 tons per year of direct PM-2.5 emissions; 

40 tons per year of nitrogen oxide emissions; 

40 tons per year of sulfur dioxide emissions 

 

 (b) Notwithstanding the significant emissions rate for ozone, significant means, in reference 

to an emissions increase or a net emissions increase, any increase in actual emissions of volatile 

organic compounds that would result from any physical change in, or change in the method of 

operation of, a major stationary source locating in a serious or severe ozone nonattainment area 

that is subject to sections 181-185B, of the Federal Clean Air Act, if such emissions increase of 

volatile organic compounds exceeds twenty-five tons per year.

 (c) For the purposes of applying the requirements of WAC 173-400-830 (1)(i) to 

modifications at major stationary sources of nitrogen oxides located in an ozone nonattainment 

area or in an ozone transport region, the significant emission rates and other requirements for 

volatile organic compounds in (a), (b), and (e) of this subsection, of the definition of significant, 

shall apply to nitrogen oxides emissions.
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 (d) Notwithstanding the significant emissions rate for carbon monoxide under (a) of this 

subsection, the definition of significant, significant means, in reference to an emissions increase 

or a net emissions increase, any increase in actual emissions of carbon monoxide that would 

result from any physical change in, or change in the method of operation of, a major stationary 

source in a serious nonattainment area for carbon monoxide if such increase equals or exceeds 

fifty tons per year, provided the administrator has determined that stationary sources contribute 

significantly to carbon monoxide levels in that area.

 (e) Notwithstanding the significant emissions rates for ozone under (a) and (b) of this 

subsection, the definition of significant, any increase in actual emissions of volatile organic 

compounds from any emissions unit at a major stationary source of volatile organic compounds 

located in an extreme ozone nonattainment area that is subject to sections 181-185B of the 

Federal Clean Air Act shall be considered a significant net emissions increase.

 (28) Significant emissions increase means, for a regulated NSR pollutant, an increase in 

emissions that is significant for that pollutant.

 (29) Source and stationary source means any building, structure, facility, or installation which 

emits or may emit a regulated NSR pollutant.

 (30) Temporary clean coal technology demonstration project means a clean coal technology 

demonstration project that is operated for a period of five years or less, and which complies with 

the state implementation plan for the state in which the project is located and other requirements 

necessary to attain and maintain the National Ambient Air Quality Standards during the project 

and after it is terminated.

 (31) Best available control technology (BACT) means an emissions limitation (including a 

visible emissions standard) based on the maximum degree of reduction for each regulated NSR 

pollutant which would be emitted from any proposed major stationary source or major 

modification which the reviewing authority, on a case-by-case basis, taking into account energy, 

environmental, and economic impacts and other costs, determines is achievable for such source 

or modification through application of production processes or available methods, systems, and 

techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for 

control of such pollutant. In no event shall application of best available control technology result 

in emissions of any pollutant which would exceed the emissions allowed by any applicable 

standard under 40 C.F.R. Part 60 or 61. If the reviewing authority determines that technological 

or economic limitations on the application of measurement methodology to a particular 

emissions unit would make the imposition of an emissions standard infeasible, a design, 

equipment, work practice, operational standard, or combination thereof, may be prescribed 

instead to satisfy the requirement for the application of BACT. Such standard shall, to the degree 

possible, set forth the emissions reduction achievable by implementation of such design, 
130

equipment, work practice or operation, and shall provide for compliance by means which 

achieve equivalent results.

[Statutory Authority: Chapter 70.94 RCW. 12-24-027 (Order 11-10), § 173-400-810, filed 

11/28/12, effective 12/29/12; 11-06-060 (Order 09-01), § 173-400-810, filed 3/1/11, effective 

4/1/11.]

173-400-820 Determining if a new stationary source or modification to a stationary source 

is subject to these requirements.

 (1) Any new major stationary source located anywhere in a nonattainment area designated 

under section 107 (d)(1)(A)(i) of the Federal Clean Air Act, that is major for the pollutant for 

which the area is designated nonattainment is subject to the permitting requirements of WAC 

173-400-830 through 173-400-850. Any major modification of an existing major stationary 

source that is major for the pollutant for which the area is designated nonattainment and is 

located anywhere in a nonattainment area designated under section 107 (d)(1)(A)(i) of the 

Federal Clean Air Act, and that has a significant net emissions increase of the pollutant for which 

the area is designated nonattainment is subject to the permitting requirements of WAC 173-400-

830 through173-400-850 . A modification to an existing major stationary source must use the 

following procedures to determine if the modification would result in a significant net emissions 

increase of the nonattainment pollutant.

 (2) Except as otherwise provided in subsection (4) of this section, and consistent with the 

definition of major modification, a project is a major modification for a regulated NSR pollutant 

if it causes two types of emissions increases - A significant emissions increase, and a significant 

net emissions increase. The project is not a major modification if it does not cause a significant 

emissions increase. If the project causes a significant emissions increase, then the project is a 

major modification only if it also results in a significant net emissions increase.

 (3) The procedure for calculating (before beginning actual construction) whether a significant 

emissions increase (i.e., the first step of the process) will occur depends upon the type of 

emissions units being modified, according to (a) through (c) of this subsection. For these 

calculations, fugitive emissions (to the extent quantifiable) are included only if the emissions unit 

is part of one of the source categories listed in the definition of major stationary source contained 

in WAC 173-400-810 (14)(e) or if the emissions unit is located at a major stationary source that 

belongs to one of the listed source categories. Fugitive emissions are not included for those 

emissions units located at a facility whose primary activity is not represented by one of the 

source categories listed in the definition of major stationary source contained in WAC 173-400-

810 (14)(e) and that are not, by themselves, part of a listed source category. The procedure for 

calculating (before beginning actual construction) whether a significant net emissions increase 

will occur at the major stationary source (i.e., the second step of the process) is contained in the 
131

definition of net emission increase. Regardless of any such preconstruction projections, a major 

modification results if the project causes a significant emissions increase and a significant net 

emissions increase.

 (a) Actual-to-projected-actual applicability test for projects that only involve existing 

emissions units. A significant emissions increase of a regulated NSR pollutant is projected to 

occur if the sum of the difference between the projected actual emissions and the baseline actual 

emissions, for each existing emissions unit, equals or exceeds the significant amount for that 

pollutant.

 (b) Actual-to-potential test for projects that only involve construction of a new emissions 

unit(s). A significant emissions increase of a regulated NSR pollutant is projected to occur if the 

sum of the difference between the potential to emit from each new emissions unit following 

completion of the project and the baseline actual emissions of these units before the project 

equals or exceeds the significant amount for that pollutant.

 (c) Hybrid test for projects that involve multiple types of emissions units. A significant 

emissions increase of a regulated NSR pollutant is projected to occur if the sum of the emissions 

increases for each emissions unit, using the method specified in (a) and (b) of this subsection as 

applicable with respect to each emissions unit, for each type of emissions unit equals or exceeds 

the significant amount for that pollutant.

 (4) Any major stationary source which has a PAL for a regulated NSR pollutant shall comply 

with requirements in WAC 173-400-850.

 (5) The following specific provisions apply with respect to any regulated NSR pollutant 

emitted from projects at existing emissions units at a major stationary source (other than projects 

at a source with a PAL) in circumstances where there is a reasonable possibility that a project 

that is not a part of a major modification may result in a significant emissions increase of such 

pollutant, and the owner or operator elects to use the method specified in the definition of 

projected actual emissions contained in WAC 173-400-810 (23)(b)(i) through (iii) for calculating 

projected actual emissions.

 (a) Before beginning actual construction of the project, the owner or operator shall document, 

and maintain a record of the following information:

 (i) A description of the project;

 (ii) Identification of the emissions unit(s) whose emissions of a regulated NSR pollutant could 

be affected by the project; and

 (iii) A description of the applicability test used to determine that the project is not a major 

modification for any regulated NSR pollutant, including the baseline actual emissions, the 

projected actual emissions, the amount of emissions excluded under the definition of projected 
132

actual emissions contained in WAC 173-400-810 (23)(b)(iii) and an explanation for why such 

amount was excluded, and any netting calculations, if applicable.

 (b) Before beginning actual construction, the owner or operator shall provide a copy of the 

information set out in (a) of this subsection to the permitting authority. This information may be 

submitted in conjunction with any NOC application required under the provisions of WAC 173-

400-110. Nothing in this subsection shall be construed to require the owner or operator of such a 

unit to obtain any determination from the permitting authority before beginning actual 

construction.

 (c) The owner or operator shall monitor the emissions of any regulated NSR pollutant that 

could increase as a result of the project and that is emitted by any emissions units identified in 

(a)(ii) of this subsection; and calculate and maintain a record of the annual emissions, in tons per 

year on a calendar year basis, for a period of five years following resumption of regular 

operations after the change, or for a period of ten years following resumption of regular 

operations after the change if the project increases the design capacity or potential to emit of that 

regulated NSR pollutant at such emissions unit.

 (d) The owner or operator shall submit a report to the permitting authority within sixty days 

after the end of each year during which records must be generated under (c) of this subsection 

setting out the unit's annual emissions, as monitored pursuant to (c) of this subsection, during the 

year that preceded submission of the report.

 (e) The owner or operator shall submit a report to the permitting authority if the annual 

emissions, in tons per year, from the project identified in (a) of this subsection, exceed the 

baseline actual emissions (as documented and maintained pursuant to (a)(iii) of this subsection), 

by a significant amount (as defined in the definition of significant) for that regulated NSR 

pollutant, and if such emissions differ from the preconstruction projection as documented and 

maintained pursuant to (a)(iii) of this subsection. Such report shall be submitted to the permitting 

authority within sixty days after the end of such year. The report shall contain the following:

 (i) The name, address and telephone number of the major stationary source;

 (ii) The annual emissions as calculated pursuant to (d) of this subsection; and

 (iii) Any other information that the owner or operator wishes to include in the report (e.g., an 

explanation as to why the emissions differ from the preconstruction projection).

 (f) A "reasonable possibility" under this subsection occurs when the owner or operator 

calculates the project to result in either:

 (i) A projected actual emissions increase of at least fifty percent of the amount that is a 

"significant emissions increase," (without reference to the amount that is a significant net 

emissions increase), for the regulated NSR pollutant; or
133

 (ii) A projected actual emissions increase that, added to the amount of emissions excluded 

under the definition of projected actual emissions sums to at least fifty percent of the amount that 

is a "significant emissions increase," (without reference to the amount that is a significant net 

emissions increase), for the regulated NSR pollutant. For a project for which a reasonable 

possibility occurs only within the meaning of (f)(ii) of this subsection, and not also within the 

meaning of (f)(i) of this subsection, then (c) through (f) of this subsection does not apply to the 

project.

 (6) For projects not required to submit the above information to the permitting authority as 

part of a notice of construction application, the owner or operator of the source shall make the 

information required to be documented and maintained pursuant to subsection (5) of this section 

available for review upon a request for inspection by the permitting authority or the general 

public pursuant to the requirements contained in chapter 173-401 WAC.

[Statutory Authority: Chapter 70.94 RCW. 12-24-027 (Order 11-10), § 173-400-820, filed 

11/28/12, effective 12/29/12; 11-06-060 (Order 09-01), § 173-400-820, filed 3/1/11, effective 

4/1/11.]

173-400-830 Permitting requirements.

(1) The owner or operator of a proposed new major stationary source or a major modification of 

an existing major stationary source, as determined according to WAC 173-400-820, is authorized 

to construct and operate the proposed project provided the following requirements are met:

 (a) The proposed new major stationary source or a major modification of an existing major 

stationary source will not cause any ambient air quality standard to be exceeded, will not violate 

the requirements for reasonable further progress established by the SIP and will comply with 

WAC 173-400-113 (3) and (4) for all air contaminants for which the area has not been 

designated nonattainment.

 (b) The permitting authority has determined, based on review of an analysis performed by the 

owner or operator of a proposed new major stationary source or a major modification of an 

existing major stationary source of alternative sites, sizes, production processes, and 

environmental control techniques, that the benefits of the project significantly outweigh the 

environmental and social costs imposed as a result of its location, construction, or modification.

 (c) The proposed new major stationary source or a major modification of an existing major 

stationary source will comply with all applicable new source performance standards, National 

Emission Standards for Hazardous Air Pollutants, National Emission Standards for Hazardous 

Air Pollutants for source categories, and emission standards adopted by ecology and the 

permitting authority.
134

 (d) The proposed new major stationary source or a major modification of an existing major 

stationary source will employ BACT for all air contaminants and designated precursors to those 

air contaminants, except that it will achieve LAER for the air contaminants and designated 

precursors to those air contaminants for which the area has been designated nonattainment and 

for which the proposed new major stationary source is major or for which the existing source is 

major and the proposed modification is a major modification.

 (e) Allowable emissions from the proposed new major stationary source or major 

modification of an existing major stationary source of that air contaminant and designated 

precursors to those air contaminants are offset by reductions in actual emissions from existing 

sources in the nonattainment area. All offsetting emission reductions must satisfy the 

requirements in WAC 173-400-840.

 (f) The owner or operator of the proposed new major stationary source or major modification 

of an existing major stationary source has demonstrated that all major stationary sources owned 

or operated by such person (or by any entity controlling, controlled by, or under common control 

with such person) in Washington are subject to emission limitations and are in compliance, or on 

a schedule for compliance, with all applicable emission limitations and standards under the 

Federal Clean Air Act, including all rules in the SIP.

 (g) If the proposed new source is also a major stationary source within the meaning of WAC 

173-400-720, or the proposed modification is also a major modification within the meaning of 

WAC 173-400-720, it meets the requirements of the PSD program under 40 C.F.R. 52.21 

delegated to ecology by EPA Region 10, while such delegated program remains in effect. The 

proposed new major stationary source or major modification will comply with the PSD program 

in WAC 173-400-700 through 173-400-750 for all air contaminants for which the area has not 

been designated nonattainment when that PSD program has been approved into the Washington 

SIP.

 (h) The proposed new major stationary source or the proposed major modification meets the 

special protection requirements for federal Class I areas in WAC 173-400-117.

 (i) All requirements of this section applicable to major stationary sources and major 

modifications of volatile organic compounds shall apply to nitrogen oxides emissions from major 

stationary sources and major modifications of nitrogen oxides in an ozone transport region or in 

any ozone nonattainment area, except in an ozone nonattainment area or in portions of an ozone 

transport region where the administrator of the environmental protection agency has granted a 

NOX waiver applying the standards set forth under section 182(f) of the Federal Clean Air Act 

and the waiver continues to apply.

 (j) The requirements of this section applicable to major stationary sources and major 

modifications of PM-10 and PM-2.5 shall also apply to major stationary sources and major 

modifications of PM-10 and PM-2.5 precursors, except where the administrator of the EPA 
135

determines that such sources do not contribute significantly to PM-10 levels that exceed the PM10 ambient standards in the area.

 (2) Approval to construct shall not relieve any owner or operator of the responsibility to 

comply fully with applicable provisions of the state implementation plan and any other 

requirements under local, state or federal law.

 (3) At such time that a particular source or modification becomes a major stationary source or 

major modification solely by virtue of a relaxation in any enforceable limitation which was 

established after August 7, 1980, on the capacity of the source or modification otherwise to emit 

a pollutant, such as a restriction on hours of operation, then the requirements of regulations 

approved pursuant to 40 C.F.R. 51.165, or the requirements of 40 C.F.R. Part 51, Appendix S, as 

applicable, shall apply to the source or modification as though construction had not yet 

commenced on the source or modification. 40 C.F.R. Part 51, Appendix S shall not apply to a 

new or modified source for which enforceable limitations are established after WAC 173-400-

800 through 173-400-850 have been approved into Washington's SIP.

[Statutory Authority: Chapter 70.94 RCW. 12-24-027 (Order 11-10), § 173-400-830, filed 

11/28/12, effective 12/29/12; 11-06-060 (Order 09-01), § 173-400-830, filed 3/1/11, effective 

4/1/11.]

173-400-840 Emission offset requirements.

(1) The ratio of total actual emissions reductions to the emissions increase shall be 1.1:1 unless 

an alternative ratio is provided for the applicable nonattainment area in subsection (2) through 

(4) of this section.

 (2) In meeting the emissions offset requirements of WAC 173-400-830 for ozone 

nonattainment areas that are subject to sections 181-185B of the Federal Clean Air Act, the ratio 

of total actual emissions reductions of VOC to the emissions increase of VOC shall be as 

follows:

 (a) In any marginal nonattainment area for ozone - 1.1:1;

 (b) In any moderate nonattainment area for ozone - 1.15:1;

 (c) In any serious nonattainment area for ozone - 1.2:1;

 (d) In any severe nonattainment area for ozone - 1.3:1; and

 (e) In any extreme nonattainment area for ozone - 1.5:1.

 (3) Notwithstanding the requirements of subsection (2) of this section for meeting the 

requirements of WAC 173-400-830, the ratio of total actual emissions reductions of VOC to the 
136

emissions increase of VOC shall be 1.15:1 for all areas within an ozone transport region that is 

subject to sections 181-185B of the Federal Clean Air Act, except for serious, severe, and 

extreme ozone nonattainment areas that are subject to sections 181-185B of the Federal Clean 

Air Act.

 (4) In meeting the emissions offset requirements of this section for ozone nonattainment areas 

that are subject to sections 171-179b of the Federal Clean Air Act (but are not subject to sections 

181-185B of the Federal Clean Air Act, including eight-hour ozone nonattainment areas subject 

to 40 C.F.R. 51.902(b)), the ratio of total actual emissions reductions of VOC to the emissions 

increase of VOC shall be 1.1:1.

 (5) Emission offsets used to meet the requirements of WAC 173-400-830 (1)(e), must be for 

the same regulated NSR pollutant.

 (6) If the offsets are provided by another source, the reductions in emissions from that source 

must be federally enforceable by the time the order of approval for the new or modified source is 

effective. An emission reduction credit issued under WAC 173-400-131 may be used to satisfy 

some or all of the offset requirements of this subsection.

 (7) Emission offsets are required for the incremental increase in allowable emissions 

occurring during startup and shutdown operations at the new or modified emission units subject 

to nonattainment area major new source review. The incremental increase is the difference 

between the allowable emissions during normal operation and the allowable emissions for startup 

and shutdown contained in the nonattainment new source review approval.

 (8) Emission offsets including those described in an emission reduction credit issued under 

WAC 173-400-131, must meet the following criteria:

 (a) The baseline for determining credit for emissions reductions is the emissions limit under 

the applicable state implementation plan in effect at the time the notice of construction 

application is determined to be complete, except that the offset baseline shall be the actual 

emissions of the source from which offset credit is obtained where:

 (i) The demonstration of reasonable further progress and attainment of ambient air quality 

standards is based upon the actual emissions of sources located within the designated 

nonattainment area; or

 (ii) The applicable state implementation plan does not contain an emissions limitation for that 

source or source category.

 (b) Other limitations on emission offsets.
137

 (i) Where the emissions limit under the applicable state implementation plan allows greater 

emissions than the potential to emit of the source, emissions offset credit will be allowed only for 

control below the potential to emit;

 (ii) For an existing fuel combustion source, credit shall be based on the allowable emissions 

under the applicable state implementation plan for the type of fuel being burned at the time the 

notice of construction application is determined to be complete. If the existing source commits to 

switch to a cleaner fuel at some future date, an emissions offset credit based on the allowable (or 

actual) emissions reduction resulting from the fuels change is not acceptable, unless the permit or 

other enforceable order is conditioned to require the use of a specified alternative control 

measure which would achieve the same degree of emissions reduction should the source switch 

back to the higher emitting (dirtier) fuel at some later date. The permitting authority must ensure 

that adequate long-term supplies of the new fuel are available before granting emissions offset 

credit for fuel switches;

 (iii) Emission reductions.

 (A) Emissions reductions achieved by shutting down an existing emission unit or curtailing 

production or operating hours may be generally credited for offsets if:

 (I) Such reductions are surplus, permanent, quantifiable, and federally enforceable; and

 (II) The shutdown or curtailment occurred after the last day of the base year for the SIP 

planning process. For purposes of this subsection, the permitting authority may choose to

consider a prior shutdown or curtailment to have occurred after the last day of the base year if the 

projected emissions inventory used to develop the attainment demonstration explicitly includes 

the preshutdown or precurtailment emissions from the previously shutdown or curtailed emission 

units. However, in no event may credit be given for shutdowns that occurred before August 7, 

1977.

 (B) Emissions reductions achieved by shutting down an existing emissions unit or curtailing 

production or operating hours and that do not meet the requirements in subsection (8)(b)(iii)(A) 

of this section may be generally credited only if:

 (I) The shutdown or curtailment occurred on or after the date the construction permit 

application is filed; or

 (II) The applicant can establish that the proposed new emissions unit is a replacement for the 

shutdown or curtailed emissions unit, and the emissions reductions achieved by the shutdown or 

curtailment met the requirements of (7)(b)(iii)(A)(I) of this section.

 (iv) All emission reductions claimed as offset credit shall be federally enforceable;
138

 (v) Emission reductions used for offsets may only be from any location within the designated 

nonattainment area. Except the permitting authority may allow use of emission reductions from 

another area that is nonattainment for the same pollutant, provided the following conditions are 

met:

 (A) The other area is designated as an equal or higher nonattainment status than the 

nonattainment area where the source proposing to use the reduction is located; and

 (B) Emissions from the other nonattainment area contribute to violations of the standard in 

the nonattainment area where the source proposing to use the reduction is located.

 (vi) Credit for an emissions reduction can be claimed to the extent that the reduction has not 

been relied on in issuing any permit under 40 C.F.R. 52.21 or regulations approved pursuant to 

40 C.F.R. Part 51 Subpart I or the state has not relied on it in demonstration of attainment or 

reasonable further progress.

 (vii) The total tonnage of increased emissions, in tons per year, resulting from a major 

modification that must be offset in accordance with Section 173 of the Federal Clean Air Act 

shall be determined by summing the difference between the allowable emissions after the 

modification and the actual emissions before the modification for each emissions unit.

 (9) No emissions credit may be allowed for replacing one hydrocarbon compound with 

another of lesser reactivity, except for those compounds listed in Table 1 of EPA's 

"Recommended Policy on Control of Volatile Organic Compounds" (42 FR 35314, July 8, 

1977). This document is also available from Mr. Ted Creekmore, Office of Air Quality Planning 

and Standards, (MD-15) Research Triangle Park, NC 27711.

[Statutory Authority: Chapter 70.94 RCW. 12-24-027 (Order 11-10), § 173-400-840, filed 

11/28/12, effective 12/29/12; 11-06-060 (Order 09-01), § 173-400-840, filed 3/1/11, effective 

4/1/11.]

173-400-850 Actual emissions plantwide applicability limitation (PAL).

The Actuals Plantwide Applicability limit program contained in Section IV.K of 40 C.F.R. Part 

51, Appendix S, Emission Offset Ruling, as of May 1, 2012, is adopted by reference with the 

following exceptions:

 (1) The term "reviewing authority" means "permitting authority" as defined in WAC 173-400-

030.

 (2) "PAL permit" means the major or minor new source review permit issued that establishes 

the PAL and those PAL terms as they are incorporated into an air operating permit issued 

pursuant to chapter 173-401 WAC.
139

 (3) The reference to 40 C.F.R. 70.6 (a)(3)(iii)(B) in subsection IV.K.14 means WAC 173-

401-615 (3)(b).

 (4) No PAL permit can be issued under this provision until EPA adopts this section into the 

state implementation plan.

[Statutory Authority: Chapter 70.94 RCW. 12-24-027 (Order 11-10), § 173-400-850, filed 

11/28/12, effective 12/29/12; 11-06-060 (Order 09-01), § 173-400-850, filed 3/1/11, effective 

4/1/11.]

173-400-860 Public involvement procedures.

 The public involvement procedures in WAC 173-400-171 shall be followed, including joint 

public notifications (integrated review) with any proposed notice of construction approval for the 

project. Any permit issued pursuant to WAC 173-400-830 or 173-400-850 must comply with 

WAC 173-400-171.

[Statutory Authority: Chapter 70.94 RCW. 11-06-060 (Order 09-01), § 173-400-860, filed 

3/1/11, effective 4/1/11.]