TABLE 9 – ADDITIONAL REGULATIONS APPROVED FOR THE SPOKANE 

REGIONAL CLEAN AIR AGENCY (SRCAA) JURISDICTION

[Applicable in Spokane County, excluding facilities subject to Energy Facilities Site Evaluation 

Council (EFSEC) jurisdiction, Indian reservations and any other area where the EPA or an 

Indian tribe has demonstrated that a tribe has jurisdiction, and facilities subject to the 

applicability sections of WAC 173-400-700, 173-405-012, 173-410-012, and 173-415-012]

Spokane Regional Clean Air Agency Regulations

Regulation I - Article VI - Emissions Prohibited

SECTION 6.05 - PARTICULATE MATTER AND PREVENTING PARTICULATE 

MATTER FROM BECOMING AIRBORNE

A. It shall be unlawful for any person to cause or allow the discharge of particulates in 

sufficient numbers to unreasonably cause annoyance to any other person when deposited upon 

the real property of others, except as follows:

1. Temporarily due to breakdown of equipment provided the breakdown is reported as 

soon as possible but no later than the next regular working day and repairs are promptly 

made.

2. The time period allowed by the Control Officer for the owner or operator to meet the 

compliance order.

B. It shall be unlawful for any person to cause or permit particulate matter to be handled, 

transported or stored without taking reasonable precautions to prevent the particulate matter from 

becoming airborne.

C. It shall be unlawful for any person to cause or permit a building or its appurtenances or a 

road to be constructed, altered, repaired, or demolished without taking reasonable precautions to 

prevent particulate matter from becoming airborne.

D. It shall be unlawful for any person, including the owner or person in control of real property 

to cause or allow particulate matter to be deposited upon a paved roadway open to the public 

without taking every reasonable precaution to minimize deposition. Reasonable precautions shall 

include, but are not limited to, the removal of particulate matter from equipment prior to 

movement on paved streets and the prompt removal of any particulate matter deposited on paved 

streets.

TABLE 9 – ADDITIONAL REGULATIONS APPROVED FOR THE SPOKANE REGIONAL 

CLEAN AIR AGENCY (SRCAA) JURISDICTION – page 1
State effective: 11/12/93; EPA effective: 3/28/97

SECTION 6.14 - STANDARDS FOR CONTROL OF PARTICULATE MATTER ON 

PAVED SURFACES

A. Applicability. The provisions of Section 6.14 shall apply to any state, county, city or local 

government or private company that applies sanding materials to or mechanically sweeps or 

vacuums paved surfaces within the PM10 Nonattainment area. This Section shall also apply to 

all suppliers of sanding materials to be used by these affected entities.

B. Definitions.

1. Affected Entities are any state, county, city or local government or private company 

that applies sanding material to, or mechanically sweeps or vacuums paved surfaces 

within the PM10 Nonattainment area.

2. Approved Laboratory means a certified or approved facility capable of performing 

the specified tests in a competent, professional, and unbiased manner in accordance with 

ASTM testing procedures. 

3. The Authority is the Spokane County Air Pollution Control Authority

4. Base Sanding Amount is the average amount of sanding materials applied per lane 

mile by each affected entity within the PM10 Nonattainment Area during the 1992 - 1993 

season or another base season, as requested by an affected entity and approved by the 

Authority. 

5. Durability Index means the percent loss of weight as determined using ASTM 

Standard Test Method for Resistance to Degradation of Small-Size Coarse Aggregate by 

Abrasion and Impact in the Los Angeles Machine", designated C131-89, or other 

approved ASTM procedure.

6. Full Deployment means that all priority roadways targeted for treatment during a 

snow/ice event are sanded.

7. Percent Fines means the percent material passing a #100 sieve as determined by the 

American Society for Testing Materials (ASTM) "Standard Method for Sieve Analysis of 

Fine and Coarse Aggregates", Designation C136-84a (1988) (American Highway and 

Transportation Officials designation T27-88), or other approved ASTM procedure.

8. PM10 Nonattainment Area means the Spokane County PM10 Nonattainment Area, 

defined in CFR Title 40, Part 81, as designated on November 15, 1990. This definition 

will remain in effect, even after the United States Environmental Protection Agency 

TABLE 9 – ADDITIONAL REGULATIONS APPROVED FOR THE SPOKANE REGIONAL 

CLEAN AIR AGENCY (SRCAA) JURISDICTION – page 2
makes the determination that the PM10 standard that existed before September 16, 1997, 

no longer applies to Spokane County. Retaining the definition ensures compliance with 

the Environmental Protection Agency’s Guidance for Implementing the 1-Hour Ozone 

and Pre-Existing PM10 NAAQS, dated December 29, 1997, by continuing 

implementation of control measures in the State Implementation Plan and preserving air 

quality gains.

9. Priority Roadway means any street, arterial, or highway, within the PM10 

Nonattainment Area, with more than 15,000 average daily traffic count, and any 

connecting entrance or exit ramp.

10. Recycled Sanding Materials means previously used sanding materials which have 

been collected from roadway or paved areas and are then re-used as is, after washing, or 

after blending with new sanding materials.

11. Sanding Materials means natural geologic materials, excluding salt and other deicing chemicals, used to provide increased traction on roadways or paved areas.

12. Season means the period beginning, November 1, in one calendar year and 

concluding on April 30, the next calendar year.

C. Emission reduction and control plans. Each affected governmental entity shall submit to the 

Authority a plan, including an implementation schedule describing the programs and methods to 

be used to reduce PM10 emissions from paved surfaces, within 30 days after the effective date of 

this regulation. In reviewing each plan, the Authority shall allow consideration of mobility and 

transportation safety factors. Approval of any plan shall require that the Authority determine, in 

consultation with the Washington State Department of Ecology, that the cumulative effect of the 

plans submitted by all affected entities will achieve and maintain at least a 70% reduction, from 

the 1992 - 1993 base season, in the 24 hour PM10 emissions from paved surfaces.

1. Each plan is subject to approval by the Authority and shall address but not necessarily 

be limited to all of the following:

a. Base sanding amount;

b. Percent sanding reduction goal;

c. Sanding materials specifications to be employed;

d. Identification of priority roadways.

e. Locations, application rates, and circumstances for the use of chemical 

deicers and other sanding alternatives;

TABLE 9 – ADDITIONAL REGULATIONS APPROVED FOR THE SPOKANE REGIONAL 

CLEAN AIR AGENCY (SRCAA) JURISDICTION – page 3
f. Street sweeping frequency and technology to be employed;

g. Factors for determining when and where to initiate street sweeping following 

a sanding event, with the goal of expeditious removal when safety and mobility 

requirements have been satisfied.

h. An implementation schedule giving the estimated dates of start and 

completion, if applicable, of each part of the plan.

2. Beginning 30 days after the effective date of this regulation, the plans submitted shall 

be implemented by each affected entity. Upon approval of each plan, the affected entity 

shall implement the approved plan.

3. Within 45 days of submittal of the reports required in Subsection G. of this Section, 

the Authority shall determine if the plan commitments have been met and shall notify any 

entity that has failed to meet plan commitments.

4. If the Authority determines that any governmental entity has failed to meet the plan 

commitments, the Authority, shall require that any affected governmental entity submit a 

revised plan within 30 days of notification by the Authority. The revised plan shall 

establish methods for meeting the plan commitments. Any revised plan must be 

implemented upon approval by the Authority.

5. If the Authority, after consultation with the affected governmental entities, the 

Washington Department of Ecology, and the United States Environmental Protection 

Agency, determines that the emission reduction and control plans do not provide for 

sufficient reduction in PM10 emissions to meet the emission reduction credit for paved 

road surfaces as contained in the State Implementation Plan, the Authority may require 

the affected governmental entities to modify their plans in order to achieve additional 

reductions.

D. Sweeping requirements. Beginning the effective date of this regulation, the City of 

Spokane, Spokane County, and the Washington State Department of Transportation, or their 

contractors, shall clean all priority roadways in an expeditious manner following each sanding 

event when road conditions are appropriate and safety and mobility requirements have been 

satisfied Cleaning shall be accomplished with broom sweepers or a more effective technique 

approved by the Authority.

E. Sanding Materials Specifications

1. Material Standards. No affected entity shall use sanding materials, whether new or 

recycled, which equal or exceed 3% fines and 25% durability index.

TABLE 9 – ADDITIONAL REGULATIONS APPROVED FOR THE SPOKANE REGIONAL 

CLEAN AIR AGENCY (SRCAA) JURISDICTION – page 4
2. Contractual Requirements. After the effective date of this regulation, no affected 

entity shall execute a contract for the purchase of sanding materials unless the contract 

includes standards at least as stringent as those set forth in Subsection E.1. of this 

Section.

F. Testing 

1. Supplier Testing Requirements

a. Suppliers of sanding materials shall have tests performed by an approved 

laboratory to determine the percent fines and durability index on representative 

samples of their sanding materials which are supplied to affected entities.

b. The sampling and test frequency and methodology used shall ensure that the

samples are representative and enable the supplier to certify to the affected entity 

that the actual sanding materials supplied for use will meet the requirements of 

Subsection E. of this Section.

2. User Requirements. Affected entities or their contractors, shall have at least one test 

performed by an approved laboratory to determine the percent fines and durability index 

on all recycled materials at least once for the first 250 tons of recycled materials used 

each season and at least once for every 500 tons of recycled materials used thereafter 

during the same season.

3. Authority Audits. The Authority may enter the site of any affected entity or supplier 

of sanding materials subject to this Section for the purpose of obtaining a sample of 

sanding materials to determine if the materials meet the requirements of Subsection E. of 

this Section. 

G. Reporting

1. Supplier Reporting Requirements. Prior to, or upon, delivery of sanding materials, 

suppliers shall provide affected entities that use their sanding materials a report 

demonstrating that the supplier has met all testing requirements of this Section applicable 

to the time period in which deliveries are made. The supplier shall certify in writing to 

the affected entity that the sanding materials meet the requirements of Subsection E. of 

this Section.

2. Affected Entity Reporting Requirements

a. Affected entities that use recycled sanding materials shall submit to the 

Authority copies of the results of testing conducted according to Subsection F.2. 

TABLE 9 – ADDITIONAL REGULATIONS APPROVED FOR THE SPOKANE REGIONAL 

CLEAN AIR AGENCY (SRCAA) JURISDICTION – page 5
of this Section no later than 30 days after the tests are conducted.

b. No later than June 30, of each year, affected governmental entities shall 

submit a report to the Authority containing information for the preceding season 

on:

1) the total amount of sanding materials (both new and recycled) and salt

and other deicing chemicals used;

2) the number of lane miles sanded, salted and deiced; and

3) the number of full deployment episodes; and

4) the same information specified in b.(1), b.(2) and b.(3), for all private 

companies performing sanding, salting, or deicing services under a 

contract with the affected governmental entity.

c. No later than June 30, of each year, private companies that use 250 tons of 

sanding materials or more per season for non-governmental applications within 

the PM10 nonattainment area shall submit a report to the Authority containing 

information for the preceding season on the total amount of sanding materials 

(both new and recycled) and salt and other deicing chemicals used;

d. Within 7 calendar days of awarding a contract for the purchase of sanding 

materials to a supplier, an affected entity shall notify the Authority of the 

supplier's name and location of the aggregate sources from which the materials 

will be supplied.

e. Affected entities shall maintain on file reports received under the provisions 

of Subsection G.1. of this Section for a period of three (3) years.

3. Sweeper Reporting Requirements

a. Affected entities shall maintain monthly records to document the information 

described below. No later than June 30, of each year, each affected governmental 

entity shall submit a report to the Authority which shall contain the information 

described below for each priority roadway.

1) Date of each sweeping operation;

2) Lane miles swept;

3) Type of equipment used;

TABLE 9 – ADDITIONAL REGULATIONS APPROVED FOR THE SPOKANE REGIONAL 

CLEAN AIR AGENCY (SRCAA) JURISDICTION – page 6
4) Number of passes.

5) the same information specified in a.(1), a.(2), a.(3) and a.(4), for all 

private companies performing sweeping under a contract with the affected 

governmental entity.

4. Authority Audits. All records generated under the provisions of this 

Section shall be made available for inspection upon request by the 

Authority.

H. Alternate Test Methods and Standards. Alternate percent fines and durability index test 

procedures may be approved by the Authority should they be determined to provide a measure 

that is equivalent to the test procedures of this Section.

I. Alternate Sanding Materials. Experimentation with new sanding materials may be approved 

by the Authority provided the Authority finds that the impact of such experiments will not cause 

or contribute to a violation of the National Ambient Air Quality Standard (NAAQS) for PM10.

J. Failure to comply with this Section will subject affected entities and/or suppliers to penalties 

as provided in Article II of this Regulation.

State effective : 2/13/99; EPA effective: 6/11/99

SECTION 6.15 - STANDARDS FOR CONTROL OF PARTICULATE MATTER ON 

UNPAVED ROADS

A. Applicability. The provisions of Section 6.15 shall apply to:

1. The City of Spokane, the Town of Millwood, Spokane County, and other 

governmental entities responsible for the maintenance of unpaved public roads within the 

PM10 Nonattainment Area; and

2. Those specific unpaved public roads which have been identified by Ecology or the 

Authority for inclusion in an implementation plan or a maintenance plan for control of 

PM10 emissions.

B. Definitions.

1. Authority means the Spokane County Air Pollution Control Authority.

2. Ecology means the Washington Department of Ecology.

3. EPA means the United States Environmental Protection Agency or the Administrator 

of the United States Environmental Protection Agency or his/her designated 

representative.

TABLE 9 – ADDITIONAL REGULATIONS APPROVED FOR THE SPOKANE REGIONAL 

CLEAN AIR AGENCY (SRCAA) JURISDICTION – page 7
4. Implementation Plan has the same meaning as in Section 110 of the Federal Clean Air 

Act (42 USC 7410).

5. Maintenance Plan has the same meaning as in Section 175A of the Federal Clean Air 

Act (42 USC 7505).

6. Palliative means salts and other hygroscopic materials, petroleum resins, asphalt 

emulsions, adhesives, chemical soil stabilizers or other surface treatment materials acting 

as a method of dust control, and not prohibited for use by any local, state, or federal law, 

rule, or regulation.

7. Paved means application of concrete, asphaltic concrete, asphalt, or combination 

thereof as a means of forming a permanent surface for a road.

8. PM10 Nonattainment Area means the Spokane County PM10 Nonattainment Area, 

defined in CFR Title 40, Part 81, as designated on November 15, 1990. This definition 

will remain in effect, even after EPA makes the determination that the PM10 standard 

that existed before September 16, 1997, no longer applies to Spokane County. Retaining 

the definition ensures compliance with the EPA’s Guidance for Implementing the 1-Hour 

Ozone and Pre-Existing PM10 NAAQS, dated December 29, 1997, by continuing 

implementation of control measures in the Implementation Plan and preserving air 

quality gains.

9. Reasonable Further Progress has the same meaning as in Section 171(1) of the 

Federal Clean Air Act (42 USC 7501).

C. Emission Reduction and Control Plan. Each applicable governmental entity shall submit an 

Emission Reduction and Control Plan for approval by the Authority, which includes the 

following for each applicable unpaved road:

1. A schedule for paving, periodic application of palliative, or implementation of other 

control measures.

2. Specification of the type of palliative to be applied and its application rate, paving 

specifications, or specifications of other control measures with sufficient detail for the 

Authority to determine emission reductions.

D . Emission Reduction Contingency Plan. Each applicable governmental entity shall submit an 

Emission Reduction Contingency Plan for approval by the Authority, which includes the 

following for each applicable unpaved road:

1. A schedule for paving, periodic application of palliative, or implementation of other 

TABLE 9 – ADDITIONAL REGULATIONS APPROVED FOR THE SPOKANE REGIONAL 

CLEAN AIR AGENCY (SRCAA) JURISDICTION – page 8
control measures.

2. Specification of the type of palliative to be applied and its application rate, paving 

specifications, or specifications of other control measures with sufficient detail for the 

Authority to determine emission reductions.

E. Effective dates. The applicable governmental entities shall comply with the following 

effective dates whenever an unpaved road is identified by Ecology or the Authority for control of 

PM10 emissions as part of an implementation plan:

1. For any unpaved road so identified prior to the effective date of Section 6.15 of this 

regulation, the entity shall submit the Emission Reduction and Control Plan or Emission 

Reduction Contingency Plan, whichever applies, within 60 days after the effective date.

2. For any unpaved road so identified after the effective date of Section 6.15 of this 

regulation, the entity shall submit the Emission Reduction and Control Plan or Emission 

Reduction Contingency Plan, whichever applies, within 60 days after such identification.

F. Approval and Implementation.

1. The Authority shall review the Emission Reduction and Control Plan submitted 

pursuant to Section 6.15.C. of this Regulation and within 60 days after approval by the 

Authority, the applicable governmental entity shall implement the plan.

2. The Authority shall review the Emission Reduction Contingency Plan submitted 

pursuant to Section 6.15.D of this Regulation and upon approval by the Authority and 

within 60 days after the EPA makes the findings in Section 6.15.G of this Regulation, the 

applicable governmental entity shall implement the plan.

3. The Authority will not approve an Emission Reduction and Control Plan or an 

Emission Reduction Contingency Plan unless the Authority finds that the plans will 

achieve the total emission reductions required by the implementation plan. If the 

Authority finds that a plan will not achieve the required reductions, then the applicable 

governmental entity shall revise the plan to achieve the required reductions and resubmit 

the plan for review by the Authority.

G. Findings by EPA. In the event the EPA determines that the Spokane PM10 Nonattainment 

Area has failed to make Reasonable Further Progress or has failed to timely attain a National 

Ambient Air Quality Standard for PM10 or has violated a National Ambient Air Quality 

Standard for PM10 after redesignation as an attainment area, and emissions from unpaved roads 

are determined by the EPA, in consultation with Ecology and the Authority, to be a contributing 

factor to such failure or violation, the applicable governmental entities shall comply with the 

requirements of Section 6.15.F.2 of this Regulation.

TABLE 9 – ADDITIONAL REGULATIONS APPROVED FOR THE SPOKANE REGIONAL 

CLEAN AIR AGENCY (SRCAA) JURISDICTION – page 9
H. Reporting. Within 6 months after the effective date of Section 6.15 of this Regulation, and 

annually thereafter as determined by the Authority, each applicable governmental entity shall 

submit a written report to the Authority which demonstrates compliance with the Emission 

Reduction and Control Plans and the Emission Reduction Contingency Plans.

I. Failure to comply. Failure to comply with Section 6.15 of this Regulation will subject 

affected entities to penalties as provided in Article II of this Regulation.

State effective : 2/13/99; EPA effective: 6/11/99

SECTION 6.16 - MOTOR FUEL SPECIFICATIONS FOR OXYGENATED GASOLINE 

A. Purpose. This section establishes motor fuel specifications for oxygenated gasoline in order 

to reduce wintertime carbon monoxide emissions from gasoline powered motor vehicles. 

B. Applicability. This section applies to all blenders and to all retail sellers of oxygenated 

gasoline, intended as a final product for fueling of motor vehicles within the Spokane Control 

Area and supplied to purchasers within the Spokane Control Area, as defined in Chapter 173-

492-070 of the Washington Administrative Code (WAC). 

C. Definitions. Unless a different meaning is clearly required by context, words and phrases 

used in Section 6.16 shall have the following meaning: 

1. Authority means the Spokane County Air Pollution Control Authority. 

2. Conform and Conformity have the same meanings as the terms are used in Section 

176(c) of the Federal Clean Air Act. 

3. Ecology means the Washington Department of Ecology. 

4. EPA means the United States Environmental Protection Agency or the Administrator 

of the United States Environmental Protection Agency or his/her designated 

representative. 

5. Federal Clean Air Act 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. 

6. Forecast of Vehicle Miles Traveled has the same meaning as in Section 187(a)(2) of 

the Federal Clean Air Act. 

7. Implementation Plan has the same meaning as in Section 110 of the Federal Clean 

Air Act, as it pertains to the Spokane Carbon Monoxide Nonattainment Area. 

TABLE 9 – ADDITIONAL REGULATIONS APPROVED FOR THE SPOKANE REGIONAL 

CLEAN AIR AGENCY (SRCAA) JURISDICTION – page 10
8. Maintenance Plan has the same meaning as in Section 175A of the Federal Clean 

Air Act, pertaining to revisions of the applicable implementation plan. 

9. Maximum Allowable Oxygenate means the maximum amount of an oxygenate 

which may be added to gasoline without exceeding the limits for fuel additives 

established under Section 211(f) of the Federal Clean Air Act. 

10. Metropolitan Planning Organization has the same meaning as in Chapter 173-

420 WAC.

11. Reasonable Further Progress has the same meaning as in Section 171(1) of the 

Federal Clean Air Act. 

12. Spokane Carbon Monoxide Nonattainment Area has the same meaning as in 

CFR Title 40, Part 81. 

13. Transportation Improvement Program has the same meaning as in Chapter 

173-420 WAC, to the extent that it applies to the Spokane Carbon Monoxide 

Nonattainment Area. 

14. Transportation Plan has the same meaning as in Chapter 173-420 WAC, to the 

extent that it applies to the Spokane Carbon Monoxide Nonattainment Area. 

D. Adoption of state regulation by reference. Except for Subsections 173-492-040(1) and (2), 

Chapter 173-492 WAC is hereby adopted by reference, to the extent that it applies to the 

Spokane Control Area.

E. Blend and retail sale requirements for gasoline with non-ethanol oxygenates. Gasoline 

shall contain the maximum allowable oxygenate for the control period, unless the oxygenated is 

ethanol. 

F. Blend and retail sale requirements for gasoline with ethanol as an oxygenate. The following 

requirements shall apply: 

1. Oxygen in the gasoline shall be no less than 3.2% by weight for the control period 

beginning on September 1, 1995 and ending February 29, 1996. 

2. Oxygen in the gasoline shall be no less than 2.7% by weight for the control period 

beginning in 1996 and for all subsequent control periods. 

G. Conformity blend and retail sale requirement for gasoline with ethanol as an oxygenate. 

Notwithstanding Subsection F., the following requirement shall apply after the applicable 

TABLE 9 – ADDITIONAL REGULATIONS APPROVED FOR THE SPOKANE REGIONAL 

CLEAN AIR AGENCY (SRCAA) JURISDICTION – page 11
Metropolitan Planning Organization, Ecology, and the Authority determine, after consultation 

that, due solely to an exceedance of a forecast of vehicle miles traveled, a higher level of oxygen 

in gasoline than what is required in Subsection F., is necessary in order for the Transportation 

Plan or the Transportation Improvement Program to conform to the Implementation Plan or 

Maintenance Plan: 

1. Oxygen in the gasoline shall be no less than 3.2% by weight, for the control period 

beginning in the year for which the higher level of oxygen is projected as necessary to 

show conformity, and for all subsequent control periods. 

H. Contingency blend and retail sale requirements for gasoline with ethanol as an oxygenate. 

Notwithstanding Subsections F. or G., gasoline shall contain the maximum allowable oxygenate, 

as of the initial control period beginning after EPA makes any one of the following findings in 

Subsection H.1., H.1., or H.3., relative to the Spokane Carbon Monoxide Nonattainment Area, in 

conjunction with the finding in Subsection H.4.: 

1. Failure to make Reasonable Further Progress. 

2. Failure to timely attain a National Ambient Air Quality Standard for carbon 

monoxide.

3. Violation of a National Ambient Air Quality Standard for carbon monoxide after 

1995.

4. Wintertime emissions from gasoline powered motor vehicles are determined by the 

EPA, in consultation with Ecology and the Authority to be a contributing factor to such 

failure or violation. 

The maximum allowable oxygenate requirement shall remain in effect for the duration of the 

initial control period and all subsequent control periods until the Authority proposes and EPA 

determines that subsequent reductions in carbon monoxide emissions, achieved through other 

control measures or strategies, are sufficient to correct the referenced failure or violation. Upon 

such determination by EPA, the applicable oxygenate requirement by EPA, the applicable 

oxygenate requirement in Subsection F. or G. shall apply, as of the beginning of the control 

period immediately following the determination. 

I. Test method. Compliance with requirements in this Section for oxygen in gasoline, 

including maximum allowable oxygenate, shall be determined by ASTM 4815-89; 

Determination of C1 and C2 Alcohols and MTBE in Gasoline by Gas Chromatography, or other 

test methods as approved by Ecology. 

State effective: 7/6/95; EPA effective: 12/31//97

Regulation I - Article VIII - Solid Fuel Burning Device Standards

TABLE 9 – ADDITIONAL REGULATIONS APPROVED FOR THE SPOKANE REGIONAL 

CLEAN AIR AGENCY (SRCAA) JURISDICTION – page 12
SECTION 8.01 PURPOSE

This article establishes emission standards, certification standards and procedures, curtailment 

rules, and fuel restrictions for solid fuel burning devices in order to attain the National Ambient 

Air Quality Standards for fine particulate matter (PM2.5) and to further the policy of the Agency 

as stated in Article I, Section 1.01 of this Regulation.

State effective: 9/2/14; EPA effective: 10/28/15

SECTION 8.02 APPLICABILITY

The provisions of this article apply to solid fuel burning devices in all areas of Spokane County.

State effective: 9/2/14; EPA effective: 10/28/15

SECTION 8.03 DEFINITIONS

Unless a different meaning is clearly required by context, words and phrases used in this article 

shall have the following meaning: 

A. Agency means the Spokane Regional Clean Air Agency. 

B. Coal stove means an enclosed, coal burning appliance capable of and intended for 

residential space heating, domestic water heating or indoor cooking, which has all the 

following characteristics: 

1. An opening for loading coal which is located near the top or side of the appliance; 

and 

2. An opening for emptying ash which is located near the bottom or the side of the 

appliance; and 

3. A system which admits air primarily up and through the fuel bed; and

4. A grate or other similar device for shaking or disturbing the fuel bed; and

5. Listing by a nationally recognized safety testing laboratory for use of coal only, 

except for coal ignition purposes; and 

6. Not configured or capable of burning cordwood. 

TABLE 9 – ADDITIONAL REGULATIONS APPROVED FOR THE SPOKANE REGIONAL 

CLEAN AIR AGENCY (SRCAA) JURISDICTION – page 13
C. Commercial establishment is defined to include an establishment possessing a valid 

business license issued by a governmental entity. 

D. Cook stove means an appliance designed with the primary function of cooking food and 

containing an integrally built in oven with a volume of 1 cubic foot or greater where the 

cooking surface measured in square inches or square feet is one and one-half times 

greater than the firebox measured in cubic inches or cubic feet (e.g. a firebox of 2 cubic 

feet would require a cooking surface of at least 3 square feet). It must have an internal 

temperature indicator and oven rack, around which the fire is vented, as well as a shaker grate 

ash pan and an ash cleanout below the firebox. Any device with a fan or heat channels 

used to dissipate heat into the room shall not be considered a cook stove. A portion of at 

least four sides of the oven must be exposed to the flame path during the oven heating cycle, 

while a flue gas bypass will be permitted for temperature control. Devices designed or 

advertised as room heaters that also bake or cook do not qualify as cook stoves.

E. Ecology means the Washington State Department of Ecology.

F. EPA means the United States Environmental Protection Agency or the Administrator of 

the United States Environmental Protection Agency or his/her designated representative.

G. EPA Certified means a woodstove certified and labeled by EPA under “40 CFR 60 

Subpart AAA - Standards of Performance for Residential Wood Heaters”

H. Fireplace means a permanently installed masonry fireplace; or a factory-built solid fuel 

burning device designed to be used with an air-to-fuel ratio greater than or equal to 

thirty-five to one and without features to control the inlet air-to-fuel ratio other than doors 

or windows such as may be incorporated into the fireplace design for reasons of safety, 

building code requirements, or aesthetics.

I. National Ambient Air Quality Standards (NAAQS; 40 CFR 50) means outdoor air quality 

standards established by the United States Environmental Protection Agency under 

authority of the federal Clean Air Act. EPA set standards for six principal air pollutants, 

called “criteria” pollutants, under the NAAQS. The criteria pollutants are carbon 

monoxide, sulfur dioxide, nitrogen dioxide, lead, ozone and particulate matter (PM2.5

and PM10).

J. Non-affected pellet stove means that a pellet stove has an air-to-fuel ratio equal to or 

greater than 35:1 when tested by an accredited laboratory in accordance with methods 

and procedures specified by the EPA in "40 C.F.R. 60 Appendix A, REFERENCE METHOD 

28A - MEASUREMENT OF AIR TO FUEL RATIO AND MINIMUM ACHIEVABLE 

BURN RATES FOR WOOD-FIRED APPLIANCES" as amended through July 1, 1990.

K. Nonattainment Area means a clearly delineated geographic area which has been 

TABLE 9 – ADDITIONAL REGULATIONS APPROVED FOR THE SPOKANE REGIONAL 

CLEAN AIR AGENCY (SRCAA) JURISDICTION – page 14
designated by the Environmental Protection Agency because it does not meet, or it affects 

ambient air quality in a nearby area that does not meet, a national ambient air quality standard 

or standards for one or more of the criteria pollutants defined in 40 CFR 50, National 

Ambient Air Quality Standards.

L. Oregon Certified means a woodstove manufactured prior to 1989 which meets the 

“Oregon Department of Environmental Quality Phase 2” emissions standards contained in 

Subsections (2) and (3) of Section 340-21-115, and certified in accordance with “Oregon 

Administrative Rules, Chapter 340, Division 21 – Woodstove Certification” dated 

November 1984.

M. PM2.5 means particulate matter with a nominal aerodynamic diameter of two and one 

half micrometers and smaller measured as an ambient mass concentration in units of 

micrograms per cubic meter of air. Also called fine particulate matter.

N. PM10 means particulate matter with a nominal aerodynamic diameter of ten micrometers 

and smaller measured as an ambient mass concentration in units of micrograms per cubic 

meter of air.

O. Seasoned Wood means wood of any species that has been sufficiently dried so as to 

contain twenty percent or less moisture by weight.

P. Solid Fuel Burning Device means a device that is designed to burn wood, coal, or any 

other nongaseous or nonliquid fuels, and includes woodstoves, coal stoves, cook stoves, pellet 

stoves, and fireplaces, or any similar device burning any solid fuel. It includes devices 

used for aesthetic or space-heating purposes in a private residence or commercial 

establishment, which have a heat input less than one million British thermal units per 

hour.

Q. Smoke Control Zone means the Spokane/Spokane Valley Metropolitan area and 

surrounding geographic areas affected by combustion smoke from solid fuel burning 

devices, after consideration of the contribution of devices that are not Washington 

certified devices, population density and urbanization, and effect on the public health 

(RCW 70.94.477(2)(a),(b) and (c)), is defined as follows:

Sections 1 through 6, Township 24 N, Range 42 E; Townships 25 and 

26 N, Range 42 E; Sections 1 through 24, Township 24 N, Range 43 

N; Townships 25, 26 and 27 N, Range 43 E; Sections 19 through 36, 

Township 28 N, Range 43 E; Sections 1 through 24, Township 24 N, 

Range 44 E; Township 25 N, Range 44 E; Sections 19 through 36, 

Township 26 N, Range 44 E; Township 25 N, Range 45 E; Sections 1 

through 4, 9 through 16 and 19 through 36, Township 26 N, Range 45 

E; Sections 33 through 36, Township 27 N, Range 45 E; Sections 6, 

TABLE 9 – ADDITIONAL REGULATIONS APPROVED FOR THE SPOKANE REGIONAL 

CLEAN AIR AGENCY (SRCAA) JURISDICTION – page 15
7, 18, 19, 30, and 31, Township 25 N, Range 46 E; Sections 6, 7, 18, 

19, 30 and 31, Township 26 N, Range 46 E; Section 31, Township 27 

N, Range 46 E.

R. Treated Wood means wood of any species that has been chemically impregnated, painted, 

or similarly modified to improve resistance to insects, fungus or weathering.

S. Washington Certified Device means a solid fuel burning device, other than a fireplace, 

which has been determined by Ecology to meet emission performance standards, 

pursuant to RCW 70.94.457 and WAC 173-433-100(3).

T. Woodstove means an enclosed solid fuel burning device capable of and intended for 

residential space heating and domestic water heating that meets the following criteria 

contained in "40 C.F.R. 60 Subpart AAA - Standards of Performance for Residential 

Wood Heaters" as amended through July 1, 1990:

1. An air-to-fuel ratio in the combustion chamber averaging less than 35:1 as 

determined by EPA Reference Method 28A; and

2. A useable firebox volume of less than twenty cubic feet; and

3. A minimum burn rate less than 5 kg/hr as determined by EPA Reference Method 

28; and

4. A maximum weight of 800 kg, excluding fixtures and devices that are normally 

sold separately, such as flue pipe, chimney, and masonry components not integral 

to the appliance.

Any combination of parts, typically consisting of but not limited to: doors, legs, flue pipe 

collars, brackets, bolts and other hardware, when manufactured for the purpose of being 

assembled, with or without additional owner supplied parts, into a woodstove, is 

considered a woodstove.

State effective: 9/2/14; EPA effective: 10/28/15

SECTION 8.04 EMISSION PERFORMANCE STANDARDS

The Agency adopts Chapter 173-433 WAC by reference and Title 40, Part 60, Subpart AAA of 

the Code of Federal Regulations "Standards of Performance for New Residential Wood Heaters" 

by reference.

State effective: 9/2/14; EPA effective: 10/28/15

TABLE 9 – ADDITIONAL REGULATIONS APPROVED FOR THE SPOKANE REGIONAL 

CLEAN AIR AGENCY (SRCAA) JURISDICTION – page 16
SECTION 8.05 OPACITY STANDARDS

A. Opacity Limit

A person shall not cause or allow emission of a smoke plume from any solid fuel burning 

device to exceed an average of twenty percent opacity for six consecutive minutes in any 

one-hour period. 

B. Test Method and Procedures

EPA reference method 9 – Visual Determination of Opacity of Emissions from Stationary 

Sources – shall be used to determine compliance with Section 8.05.A. 

C. Enforcement

Smoke visible from a chimney, flue or exhaust duct in excess of the opacity limit shall 

constitute prima facie evidence of unlawful operation of an applicable solid fuel burning 

device. This presumption may be refuted by demonstration that the smoke was not caused 

by an applicable solid fuel burning device. The provisions of this requirement shall not 

apply during the starting of a new fire for a period not to exceed twenty minutes in any 

four-hour period.

State effective: 9/2/14; EPA effective: 10/28/15

SECTION 8.06 PROHIBITED FUEL TYPES

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

burning device:

A. Garbage;

B. Treated wood (defined in Section 8.03);

C. Plastic products;

D. Rubber products;

E. Animals;

F. Asphaltic products;

G. Waste petroleum products;

H. Paints;

I. Any substance, other than properly seasoned fuel wood, or coal with sulfur content less 

than 1.0% by weight burned in a coal stove, which normally emits dense smoke or 

obnoxious odors; or

J. Paper, other than an amount of non-colored paper necessary to start a fire.

State effective: 9/2/14; EPA effective: 10/28/15

TABLE 9 – ADDITIONAL REGULATIONS APPROVED FOR THE SPOKANE REGIONAL 

CLEAN AIR AGENCY (SRCAA) JURISDICTION – page 17
SECTION 8.07 CURTAILMENT (BURN BAN)

A. Except as provided in Section 8.08, no person shall operate a solid fuel burning device 

within a defined geographical area under any of the following conditions:

1. Air Pollution Episode

Whenever Ecology has declared curtailment under an alert, warning, or 

emergency air pollution episode for the geographical area pursuant to Chapter 173-

435 WAC and RCW 70.94.715.

2. Stage 1 Burn Ban

Whenever the Agency has declared curtailment under a first stage of impaired air

quality for the Smoke Control Zone or other geographical area unless the solid 

fuel burning device is one of the following:

a. A nonaffected pellet stove; or

b. A Washington Certified Device; or

c. An EPA Certified Woodstove; or

d. An Oregon Certified Woodstove.

In Spokane County as allowed by RCW 70.94.473(1)(b)(i) a first stage of 

impaired air quality is reached and curtailment may be declared when the Agency 

determines that particulate matter with a nominal aerodynamic diameter of two and 

one half micrometers and smaller (PM2.5), measured as an ambient mass 

concentration at any location within Spokane County using a method which 

has been determined by Ecology or the Agency to have a reliable correlation to the 

federal reference method, CFR Title 40 Part 50 Appendix L, and updated 

hourly as a twenty-four hour running average, is likely to exceed thirty-five 

micrograms per cubic meter of air within forty-eight hours based on forecasted 

meteorological conditions.

3. Stage 2 Burn Ban

Whenever the Agency has declared curtailment under a second stage of impaired 

air quality for the Smoke Control Zone or other geographical area. In Spokane 

County as allowed by RCW 70.94.473(1)(c)(ii) a second stage of impaired air 

quality is reached and curtailment may be declared whenever all of the following 

TABLE 9 – ADDITIONAL REGULATIONS APPROVED FOR THE SPOKANE REGIONAL 

CLEAN AIR AGENCY (SRCAA) JURISDICTION – page 18
criteria are met:

a. Issuing a Stage 2 Burn Ban Following a Stage 1 Burn Ban

1) A first stage of impaired air quality has been in force for a period 

of twenty-four hours or longer and, in the Agency’s judgment, has not 

reduced the PM2.5 ambient mass concentration, measured as a 

twenty-four hour running average, sufficiently to prevent it from 

exceeding thirty-five micrograms per cubic meter of air at any 

location inside Spokane County within twenty-four hours; and

2) A twenty-four hour running average PM2.5 ambient mass 

concentration equal to or greater than twenty-five micrograms per 

cubic meter of air is measured at any location inside Spokane 

County using a method which has been determined by Ecology or 

the Agency to have a reliable correlation to the federal reference 

method, CFR Title 40 Part 50 Appendix L, or equivalent; and

3) The Agency does not expect meteorological conditions to allow 

ambient mass concentrations of PM2.5 measured as a twenty-four 

hour running average to decline below twenty-five micrograms per 

cubic meter of air for a period of twenty-four hours or more from 

the time that it is measured at that concentration.

b. Issuing a Stage 2 Burn Ban Without First Declaring a Stage 1 Burn Ban 

A second stage burn ban may be issued without an existing first stage burn 

ban as allowed by RCW 70.94.473 (1)(c)(ii) whenever all of the following 

criteria are met: 

1) The ambient mass concentration of PM2.5 at any location inside 

Spokane County has reached or exceeded twenty-five micrograms 

per cubic meter, measured as a running twenty-four hour average 

using a method which has been determined, by Ecology or the 

Agency, to have a reliable correlation to the federal reference 

method, CFR Title 40 Part 50 Appendix L, or equivalent; and

2) Meteorological conditions have caused PM2.5 ambient mass 

concentrations to rise rapidly; and 

3) The Agency predicts that meteorological conditions will cause 

PM2.5 ambient mass concentrations measured as a twenty-four 

hour running average to exceed thirty-five micrograms per cubic 

TABLE 9 – ADDITIONAL REGULATIONS APPROVED FOR THE SPOKANE REGIONAL 

CLEAN AIR AGENCY (SRCAA) JURISDICTION – page 19
meter of air within twenty-four hours; and 

4) Meteorological conditions are highly likely to prevent smoke from 

dispersing sufficiently to allow PM2.5 ambient mass 

concentrations to decline below twenty-five micrograms per cubic 

meter of air within twenty-four hours. 

Issuance of a second stage burn ban without an existing first stage burn 

ban shall require the Agency to comply with RCW 70.94.473(3).

4. The following matrix graphically illustrates the applicability of Sections 8.07.A.1-

3 of this Regulation.

Burn Condition Impaired Air Quality

Air Pollution

Type of Device Episode

First Stage

Burn Ban

Second 

Stage

Burn Ban

EPA Certified 

Woodstove Allowed Prohibited Prohibited

Oregon Certified 

Woodstove Allowed Prohibited Prohibited

Pellet Stove 

(nonaffected) Allowed Prohibited Prohibited

Washington Certified 

Device Allowed Prohibited Prohibited

All Other Devices Prohibited Prohibited Prohibited

5. After July 1, 1995, if the limitation in RCW 70.94.477(2) is exercised, following 

the procedure in Section 8.09 (Procedure to Geographically Limit Solid Fuel 

Burning Devices), and the solid fuel burning device is not one of the following:

a. A nonaffected pellet stove; or

b. Washington Certified Device; or

c. EPA Certified Woodstove; or

d. Oregon Certified Woodstove.

B. In consideration of declaring curtailment under a stage of impaired air quality, the 

Agency shall consider the anticipated beneficial effect on ambient concentrations of 

PM2.5, taking into account meteorological factors, the contribution of emission sources 

TABLE 9 – ADDITIONAL REGULATIONS APPROVED FOR THE SPOKANE REGIONAL 

CLEAN AIR AGENCY (SRCAA) JURISDICTION – page 20
other than solid fuel burning devices, and any other factors deemed to affect the PM2.5 

mass concentration.

C. Any person responsible for a solid fuel burning device which is subject to curtailment and 

is already in operation at the time curtailment is declared under an episode or a stage of 

impaired air quality shall extinguish that device by withholding new solid fuel for the 

duration of the episode or impaired air quality. Smoke visible from a chimney, flue or 

exhaust duct after a time period of three (3) hours has elapsed from the time of 

declaration of curtailment under an episode or a stage of impaired air quality shall constitute 

prima facie evidence of unlawful operation of an applicable solid fuel burning device. This 

presumption may be refuted by demonstration that smoke was not caused by an 

applicable solid fuel burning device.

D. The Agency, Ecology, Spokane County Health District, fire departments, fire districts, 

Spokane County Sheriff's Department, or local police having jurisdiction in the area may 

enforce compliance with solid fuel burning device curtailment after a time period of three 

(3) hours has elapsed from the time of declaration of curtailment under an episode or a 

stage of impaired air quality.

State effective: 9/2/14; EPA effective: 10/28/15

SECTION 8.08 EXEMPTIONS

A. Categories

The provisions of Section 8.07 shall not apply to any person who possesses a valid 

written exemption for his/her residence, issued by the Agency. The Agency may issue 

written exemptions for residences if any one of the following is demonstrated to the 

satisfaction of the Agency:

1. Low Income

An economic need to burn solid fuel for residential space heating purposes by 

qualifying through Spokane Neighborhood Action Partners (SNAP) for energy 

assistance according to economic guidelines established by the U.S. Office of 

Management and Budget under the low income energy assistance program 

(L.I.E.A.P.). 

2. No Adequate Source of Heat

An exemption may be issued if all of the following apply: 

a. The residence was constructed prior to July 1, 1992; and 

TABLE 9 – ADDITIONAL REGULATIONS APPROVED FOR THE SPOKANE REGIONAL 

CLEAN AIR AGENCY (SRCAA) JURISDICTION – page 21
b. The residence was originally constructed with a solid fuel burning device 

as a source of heat; and 

c. A person in a residence does not have an adequate source of heat without 

using a solid fuel burning device (RCW 70.94.477(6)(a)). 

1) Adequate source of heat means the ability to maintain seventy 

degrees Fahrenheit at a point three feet above the floor in all 

normally inhabited areas of a dwelling (WAC 173-433-030(1)); 

and 

2) If any part of the heating system has been disconnected / removed, 

damaged, or is otherwise nonfunctional, the Agency shall base the 

assessment of the adequacy of design for providing an adequate 

source of heat in Section 8.08A.2.c.1), above, on the system’s 

capability prior to the disconnection/removal, damage, improper 

maintenance, malfunction, or occurrence that rendered the system 

nonfunctional. 

A person’s income level is not a determining factor in the approval or denial of an 

exemption under this provision. Exemptions based on income level are addressed 

in Section 8.08A.1.

3. Primary Heating Source Temporarily Inoperable

That his/her heating system, other than a solid fuel burning device, is temporarily 

inoperable for reasons other than his/her own actions. When applying for this 

exemption, the applicant must submit a compliance schedule for bringing his/her 

heating system, other than a solid fuel burning device, back into operation to be 

used as his/her primary heating source. Unless otherwise approved by SRCAA, 

exemptions will be limited to 30 calendar days. A person’s income level is not a 

determining factor in the approval or denial of an exemption under this provision.

4. State of Emergency

If a state of emergency is declared by an authorized local, state, or federal 

government official due to a storm, flooding, or other disaster, which is in effect 

during a burn ban declared pursuant to Section 8.07 of this Regulation, the

Control Officer may temporarily issue a State of Emergency exemption. The State 

of Emergency exemption shall serve as a general exemption from burn ban 

provisions in Section 8.07. The temporary approval shall reference the applicable 

state of emergency, effective date, expiration date, and limitations, if any 

TABLE 9 – ADDITIONAL REGULATIONS APPROVED FOR THE SPOKANE REGIONAL 

CLEAN AIR AGENCY (SRCAA) JURISDICTION – page 22
(e.g. specific geographic areas affected).

B. Exemption Duration and Renewals

Written exemptions shall be valid for a period determined by the Agency, which shall not 

exceed one (1) year from the date of issuance. Exemptions in Section 8.08.A.1 & 2 may 

be renewed by the Agency, provided the applicant meets the applicable requirements at the 

time of exemption renewal. For renewals under Section 8.08.A.1, the applicant must 

demonstrate the low income status is met each time application is made. Exemption 

requests may be denied by the Agency, regardless of the applicant’s exemption history.

C. Fees

Exemption requests must be accompanied by fees specified in Article X Section 10.10 

and SRCAA’s fee schedule. For exemptions which are requested and qualify under the low 

income exemption in Section 8.08.A.1, the fee is waived.

D. One-Time, 10-Day Temporary Exemption

SRCAA may issue one-time, 10-day temporary solid fuel burning device exemptions if 

persons making such requests qualify and provide all of the information below. Unless 

required otherwise by SRCAA, such exemptions requests may be taken via telephone.

1. Full name; and

2. Mailing address; and

3. Telephone number; and

4. Acknowledgement that he/she believes he/she qualifies for an exemption pursuant 

to Section 8.08.A.1, 2, or 3; and

5. Physical address where the exemption applies; and

6. Description of the habitable space for which the exemption is being requested; 

and

7. Acknowledge that s/he has not previously requested such an exemption for the 

same physical address, except as provided below, and that all of the information 

provided is accurate.

One-time, 10-day temporary solid fuel burning device exemptions are not valid for any 

physical address for which a one-time, 10-day temporary solid fuel burning device 

TABLE 9 – ADDITIONAL REGULATIONS APPROVED FOR THE SPOKANE REGIONAL 

CLEAN AIR AGENCY (SRCAA) JURISDICTION – page 23
exemption has previously been issued unless a past exemption was issued for a residence 

under different ownership or there is a temporary breakdown that qualifies under Section 

8.08.A.3.

E. Residential and Commercial Exemption Limitations

Except for commercial establishments qualifying under Section 8.08.A.3 or 8.08.D, 

exemptions are limited to residences. Exemptions are limited to normally inhabited areas 

of a residence, which includes areas used for living, sleeping, cooking and eating. 

Exemptions will not be issued for attached and detached garages, shops, and 

outbuildings. For commercial establishments, exemptions will be limited to areas identified in 

exemption approvals issued by SRCAA pursuant to Section 8.08.A.3 or 8.08.D.

State effective: 9/2/14; EPA effective: 10/28/15

SECTION 8.09 PROCEDURE TO GEOGRAPHICALLY LIMIT SOLID FUEL 

BURNING DEVICES

A. If the EPA finds that the Spokane PM10 Maintenance Area has violated a National 

Ambient Air Quality Standard for PM10 and emissions from solid fuel burning devices 

are determined by the EPA, in consultation with Ecology and the Agency, to be a 

contributing factor to such failure or violation, then one year after such determination, the use 

of solid fuel burning devices not meeting the standards set forth in RCW 70.94.457 and 

WAC 173-433-100, is restricted to areas outside the Smoke Control Zone.

B. Within 30 days of the determination pursuant to Section 8.09 A., the Agency shall 

publish a public notice in a newspaper of general circulation, informing the public of such 

determination and of the date by which such restriction on the use of solid fuel burning 

devices becomes effective.

C. Nothing in Section 8.09 shall apply to persons who have obtained an exemption pursuant 

to Section 8.08.

State effective: 9/2/14; EPA effective: 10/28/15

SECTION 8.10 RESTRICTIONS ON INSTALLATION AND SALES OF SOLID FUEL 

BURNING DEVICES

A. Installation of Solid Fuel Burning Devices

No person shall install a new or used solid fuel burning device that is not a Washington 

certified device in any new or existing building or structure unless the device is a cook 

stove or a device which has been rendered permanently inoperable.

TABLE 9 – ADDITIONAL REGULATIONS APPROVED FOR THE SPOKANE REGIONAL 

CLEAN AIR AGENCY (SRCAA) JURISDICTION – page 24
B. Sale or Transfer of Solid Fuel Burning Devices

No person shall sell, offer for sale, advertise for sale, or otherwise transfer a new or used 

solid fuel burning device that is not a Washington certified device to another person 

unless the device is a cook stove or a device which has been rendered permanently inoperable 

(RCW 70.94.457(1)(a)).

C. Sale or Transfer of Fireplaces

No person shall sell, offer for sale, advertise for sale, or otherwise transfer a new or used 

fireplace to another person, except masonry fireplaces, unless such fireplace meets the 

1990 United States environmental protection agency standards for wood stoves or 

equivalent standard that may be established by the state building code council by rule 

(RCW 70.94.457(1)(b)).

D. Sale or Transfer of Masonry Fireplaces

No person shall build, sell, offer for sale, advertise for sale, or otherwise transfer a new or 

used masonry fireplace, unless such fireplace meets Washington State building code 

design standards as established by the state building code council by rule (RCW 

70.94.457(1)(c)).

State effective: 9/2/14; EPA effective: 10/28/15

Regulation II - Article IV - Emissions Prohibited

SECTION 4.01 - PARTICULATE EMISSIONS - GRAIN LOADING RESTRICTIONS

It shall be unlawful for any person to cause or allow the emission of particulate matter into the 

atmosphere from any single source:

A. Which is in excess of 0.1 grains per cubic foot of gas at standard conditions for noncombustion sources.

B. Which is in excess of 0.1 grains per cubic foot of gas calculated to 12% of carbon 

dioxide (CO2) at standard conditions for combustion sources.

State effective: 4/26/79; EPA effective: 6/5/80

TABLE 9 – ADDITIONAL REGULATIONS APPROVED FOR THE SPOKANE REGIONAL 

CLEAN AIR AGENCY (SRCAA) JURISDICTION – page 25
Washington Department of Ecology Regulations

WAC 173-400 -- GENERAL REGULATIONS FOR AIR POLLUTION SOURCES

173-400-010 Policy and Purpose.

(1) It is the policy of the Department of Ecology (Ecology) under the authority vested in it by 

chapter 43.21A RCW to provide for the systematic control of air pollution from air contaminant 

sources and for the proper development of the state’s natural resources. 

(2) It is the purpose of this chapter to establish technically feasible and reasonably attainable 

standards and to establish rules generally applicable to the control and/or prevention of the 

emission of air contaminants.

State effective: 3/22/91; EPA effective: 6/2/95

173-400-020 Applicability.

(1) The provisions of this chapter shall apply state-wide.

(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 effective: 3/22/91; EPA effective: 6/2/95

173-400-030 Definitions.

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

TABLE 9 – ADDITIONAL REGULATIONS APPROVED FOR THE SPOKANE REGIONAL 

CLEAN AIR AGENCY (SRCAA) JURISDICTION – page 26
(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 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.

(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 CFR Part 60 or 61;

TABLE 9 – ADDITIONAL REGULATIONS APPROVED FOR THE SPOKANE REGIONAL 

CLEAN AIR AGENCY (SRCAA) JURISDICTION – page 27
(b) Any applicable state implementation plan emissions limitation including those with 

a future compliance date; or

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

those with a future compliance date.

(6) "Ambient air" means the surrounding outside air.

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

coextensive with the boundaries of one or more counties.

(9) "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 CFR 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) "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.

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

TABLE 9 – ADDITIONAL REGULATIONS APPROVED FOR THE SPOKANE REGIONAL 

CLEAN AIR AGENCY (SRCAA) JURISDICTION – page 28
period of time considered, to the manufacturer's capacity rating of the machine or equipment.

(13) "Class I area" means any area designated pursuant to §§ 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:

Alpine Lakes Wilderness;

Glacier Peak Wilderness;

Goat Rocks Wilderness;

Mount Adams Wilderness;

Mount Rainier National Park;

North Cascades National Park;

Olympic National Park;

Pasayten Wilderness;

Spokane Indian Reservation.

(14) "Combustion and incineration sources" means units using combustion for waste disposal, 

steam production, chemical recovery or other process requirements; but excludes open burning.

(15) "Commenced construction" means that the owner or operator has all the necessary 

preconstruction approvals or permits and either has:

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

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

authorized representative.

(18) "Dispersion technique" means a method which 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) "Ecology" means the Washington state department of ecology.

TABLE 9 – ADDITIONAL REGULATIONS APPROVED FOR THE SPOKANE REGIONAL 

CLEAN AIR AGENCY (SRCAA) JURISDICTION – page 29
(20) "Emission" means a release of air contaminants into the ambient air.

(21) "Emission reduction credit (ERC)" means a credit granted pursuant to WAC 173-400-131. 

This is a voluntary reduction in emissions.

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

FCAA 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 promulgated under the FCAA or chapter 70.94 RCW.

(23) "Emissions 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 FCAA, chapter 70.94 or 

70.98 RCW.

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

emission standard.

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

Secretary of the department with authority over such lands.

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

TABLE 9 – ADDITIONAL REGULATIONS APPROVED FOR THE SPOKANE REGIONAL 

CLEAN AIR AGENCY (SRCAA) JURISDICTION – page 30
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) "Fugitive emissions" means emissions which do not pass and which could not reasonably 

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

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

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

(34) "Incinerator" means a furnace used primarily for the thermal destruction of waste.

(35) "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) "Mandatory Class I federal area" means any area defined in Section 162(a) of the FCAA. 

The mandatory Class I federal areas in Washington state are as follows:

Alpine Lakes Wilderness;

Glacier Peak Wilderness;

Goat Rocks Wilderness;

TABLE 9 – ADDITIONAL REGULATIONS APPROVED FOR THE SPOKANE REGIONAL 

CLEAN AIR AGENCY (SRCAA) JURISDICTION – page 31
Mount Adams Wilderness;

Mount Rainier National Park;

North Cascades National Park;

Olympic National Park;

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 

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.

TABLE 9 – ADDITIONAL REGULATIONS APPROVED FOR THE SPOKANE REGIONAL 

CLEAN AIR AGENCY (SRCAA) JURISDICTION – page 32
(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:

(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;

TABLE 9 – ADDITIONAL REGULATIONS APPROVED FOR THE SPOKANE REGIONAL 

CLEAN AIR AGENCY (SRCAA) JURISDICTION – page 33
(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;

(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;

TABLE 9 – ADDITIONAL REGULATIONS APPROVED FOR THE SPOKANE REGIONAL 

CLEAN AIR AGENCY (SRCAA) JURISDICTION – page 34
(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) "Masking" means the mixing of a chemically nonreactive control agent with a malodorous 

gaseous effluent to change the perceived odor.

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

transfer of materials with no significant chemical or physical alteration.

(43) "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 or that 

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

shall be construed consistent with the definitions of modification in Section 7411, Title 42, 

United States Code, and with rules implementing that section.

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

regulations set forth in 40 CFR Part 61.

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

measured in terms of 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.

TABLE 9 – ADDITIONAL REGULATIONS APPROVED FOR THE SPOKANE REGIONAL 

CLEAN AIR AGENCY (SRCAA) JURISDICTION – page 35
(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.

(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 

TABLE 9 – ADDITIONAL REGULATIONS APPROVED FOR THE SPOKANE REGIONAL 

CLEAN AIR AGENCY (SRCAA) JURISDICTION – page 36
pollutant. Any replacement unit that requires shakedown becomes operational only after 

a reasonable shakedown period, not to exceed one hundred eighty days.

(47) "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) “New source performance standards (NSPS)" means the federal regulations set forth in 40 

CFR Part 60.

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

designated by EPA promulgation as exceeding a national ambient air quality standard or 

standards for one or more of the criteria pollutants.

(50) "Notice of construction application" means a written application to permit 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) "Opacity" means the degree to which an object seen through a plume is obscured, stated as 

a percentage.

(52) "Open 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 emissions from 

the combustion. Wood waste disposal in wigwam burners is not considered open burning.

(53) "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, 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) "Order of approval" or "approval order" means a regulatory order issued by ecology or the 

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

material with an aerodynamic diameter smaller than 100 micrometers.

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

TABLE 9 – ADDITIONAL REGULATIONS APPROVED FOR THE SPOKANE REGIONAL 

CLEAN AIR AGENCY (SRCAA) JURISDICTION – page 37
uncombined water, emitted to the ambient air as measured by applicable reference methods, or 

an equivalent or alternative method specified in 40 CFR Part 60 or by a test method specified in 

the Washington state implementation plan.

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

volume, exclusive of water or particulates.

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

political subdivision, municipality, or government agency.

(59) "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 CFR Part 50 Appendix 

J and designated in accordance with 40 CFR Part 53 or by an equivalent method designated in 

accordance with 40 CFR Part 53.

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

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 CFR Part 51 or by a test method specified in 

the Washington state implementation plan.

(61) "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) "Prevention of significant deterioration (PSD)" means the program set forth in WAC 173-

400-141.

(63) "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) "Reasonably attributable" means attributable by visual observation or any other technique 

the state deems appropriate.

(65) "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 

TABLE 9 – ADDITIONAL REGULATIONS APPROVED FOR THE SPOKANE REGIONAL 

CLEAN AIR AGENCY (SRCAA) JURISDICTION – page 38
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.

(66) "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.

(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

(measured as total tetra-through octa-chlorinated 

dibenzo-p-dioxins and dibenzofurans)

0.0000035

Municipal waste combustor metals

(measured as PM) 15

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.

TABLE 9 – ADDITIONAL REGULATIONS APPROVED FOR THE SPOKANE REGIONAL 

CLEAN AIR AGENCY (SRCAA) JURISDICTION – page 39
(69) "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) "Source category" means all sources of the same type or classification.

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

including a pipe or duct.

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

elevation at the base of the stack.

(73) "Standard conditions" means a temperature of 20° (68° F) and a pressure of 760 mm 

(29.92 inches) of mercury.

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

may emit any 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 of the FCAA.

(75) "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) "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 an approved equivalent method and expressed as hydrogen 

sulfide.

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

described in 40 CFR Part 50 Appendix B as in effect on July 1, 1988.

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

(79) "Visibility impairment" means any perceptible degradation in visibility (visual range, 

contrast, coloration) not caused by 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.

TABLE 9 – ADDITIONAL REGULATIONS APPROVED FOR THE SPOKANE REGIONAL 

CLEAN AIR AGENCY (SRCAA) JURISDICTION – page 40
(81) "Volatile organic compound (VOC)" means:

(a) Any compound of carbon, excluding 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: Methane; ethane; 

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

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

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

(FC-23); 1,1,2,2-tetrafluoroethane (CFC-114); chloropentafluoroethane (CFC-115); 

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 which fall into these classes:

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

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

unsaturations; and

(iii) 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 CFR Part 60 Appendix A. Where such a 

method also measures compounds with negligible photochemical reactivity, these 

negligibly-reactive compounds may be excluded as VOC if the amount of such 

compounds is accurately quantified, and such exclusion is approved by ecology or the 

authority.

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

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

173-400-040 General Standards for Maximum Emissions.

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

TABLE 9 – ADDITIONAL REGULATIONS APPROVED FOR THE SPOKANE REGIONAL 

CLEAN AIR AGENCY (SRCAA) JURISDICTION – page 41
Where an emission standard listed in another chapter is applicable to a specific emissions unit, 

such standard will take precedent 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 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 

authority shall, as provided in section 8, chapter 252, Laws of 1993, define RACT for each 

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

(1) Visible emissions. No person shall cause or permit 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 permit 

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 authority 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 sources are connected to a common stack, ecology or the 

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) Fallout. No person shall cause or permit 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) 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 

TABLE 9 – ADDITIONAL REGULATIONS APPROVED FOR THE SPOKANE REGIONAL 

CLEAN AIR AGENCY (SRCAA) JURISDICTION – page 42
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, 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 contaminants 

for which nonattainment has been designated.

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

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) Emissions detrimental to persons or property. No person shall cause or permit 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) Sulfur dioxide.

No person shall cause or permit 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 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 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 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 authority.

(7) Concealment and masking. No person shall cause or permit 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) Fugitive dust sources.

(a) The owner or operator of a source of fugitive dust shall take reasonable precautions 

to prevent fugitive dust from becoming airborne and shall maintain and operate the 

source to minimize emissions.

(b) The owner(s) or operator(s) of any existing source(s) of fugitive dust that has been 

TABLE 9 – ADDITIONAL REGULATIONS APPROVED FOR THE SPOKANE REGIONAL 

CLEAN AIR AGENCY (SRCAA) JURISDICTION – page 43
identified as a significant contributor to a PM-10 nonattainment area shall be required to 

use reasonably available control technology to control emissions. Significance will be 

determined by the criteria found in WAC 173-400-113(3).

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

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 permit 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 standard 

conditions (0.2 grain/dscf), as measured by EPA method 5 or approved procedures contained in 

"Source Test Manual - Procedures For Compliance Testing," state of Washington, department of 

ecology, as of July 12, 1990, on file at ecology.

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

ppm of total carbonyls as measured by applicable EPA methods or acceptable procedures 

contained in "Source Test Manual - Procedures for Compliance Testing," state of Washington, 

department of ecology, on file at ecology. Incinerators shall be operated only during daylight 

hours unless written permission to operate at other times is received from ecology or the 

authority.

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

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

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

State effective: 3/22/91; EPA effective: 6/2/95

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 permit 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 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 effective: 3/22/91; EPA effective: 6/2/95

TABLE 9 – ADDITIONAL REGULATIONS APPROVED FOR THE SPOKANE REGIONAL 

CLEAN AIR AGENCY (SRCAA) JURISDICTION – page 44
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 burners.

(a) All wigwam burners shall meet all provisions of WAC 173-400-040 (2), (3), (4), (5), 

(6), and (7).

(b) All wigwam burners shall 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 authority.

(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) Ecology may establish additional requirements for wigwam 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 burners will be considered to be in compliance if they meet the 

requirements contained in WAC 173-400-040(1). 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-

TABLE 9 – ADDITIONAL REGULATIONS APPROVED FOR THE SPOKANE REGIONAL 

CLEAN AIR AGENCY (SRCAA) JURISDICTION – page 45
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 the 

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 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).

(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 permit 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 permit 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 

provisions of WAC 173-400-040.

TABLE 9 – ADDITIONAL REGULATIONS APPROVED FOR THE SPOKANE REGIONAL 

CLEAN AIR AGENCY (SRCAA) JURISDICTION – page 46
(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.

State effective: 3/22/91; EPA effective: 6/2/95

173-400-081 Startup and Shutdown.

In promulgating technology-based emission standards and making control technology 

determinations (e.g., BACT, RACT, LAER, BART) ecology and the authorities shall consider 

any physical constraints on the ability of a source to comply with the applicable standard during 

startup or shutdown. Where ecology or the authority determines that the source or source 

category, 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 authority shall include in the standard appropriate emission limitations, 

operating parameters, or other criteria to regulate the performance of the source during startup or 

shutdown conditions. In modeling the emissions of a source for purposes of demonstrating 

attainment or maintenance of national ambient air quality standards, ecology and the 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. Any emission limitation or other parameter adopted under this rule which 

increases allowable emissions during startup or shutdown conditions over levels authorized in an 

approved state implementation plan shall not take effect until approved by EPA as a SIP 

amendment.

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

173-400-091 Voluntary Limits on Emissions.

(1) Upon request by the owner or operator of a source, ecology or the 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 by the owner or operator and ecology or 

the authority with jurisdiction over the source.

(2) A condition contained in an order issued under this section shall be less than the 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 

TABLE 9 – ADDITIONAL REGULATIONS APPROVED FOR THE SPOKANE REGIONAL 

CLEAN AIR AGENCY (SRCAA) JURISDICTION – page 47
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 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 

under WAC 173-400-171.

(5) The terms and conditions of a regulatory order issued under this section shall be federally 

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

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; 

(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; 

TABLE 9 – ADDITIONAL REGULATIONS APPROVED FOR THE SPOKANE REGIONAL 

CLEAN AIR AGENCY (SRCAA) JURISDICTION – page 48
(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); 

TABLE 9 – ADDITIONAL REGULATIONS APPROVED FOR THE SPOKANE REGIONAL 

CLEAN AIR AGENCY (SRCAA) JURISDICTION – page 49
(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 effective: 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 may include stack 

and fugitive emissions of particulate matter, PM10, sulfur dioxide, carbon monoxide, total 

reduced sulfur compounds (TRS), fluorides, lead, VOCs, and other contaminants, and 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.

(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 

reasonable times upon any private or public property, excepting nonmultiple unit private 

dwellings housing one or two families.

TABLE 9 – ADDITIONAL REGULATIONS APPROVED FOR THE SPOKANE REGIONAL 

CLEAN AIR AGENCY (SRCAA) JURISDICTION – page 50
(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 approved procedures contained in "Source Test 

Manual - Procedures for Compliance Testing," state of Washington, department of ecology, as 

of July 12, 1990, 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.

TABLE 9 – ADDITIONAL REGULATIONS APPROVED FOR THE SPOKANE REGIONAL 

CLEAN AIR AGENCY (SRCAA) JURISDICTION – page 51
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 chapter shall demonstrate to ecology or the authority, compliance 

with the equipment and performance specifications and observe the reporting 

requirements contained in 40 CFR Part 51, Appendix P, Sections 3, 4 and 5, promulgated 

October 6, 1975, and amended November 7, 1986, which is adopted by reference.

(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 source which is:

(i) Subject to a new source performance standard. These sources will be 

governed by WAC 173-400-115.

(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 

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 

TABLE 9 – ADDITIONAL REGULATIONS APPROVED FOR THE SPOKANE REGIONAL 

CLEAN AIR AGENCY (SRCAA) JURISDICTION – page 52
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.

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

173-400-107 Excess Emissions.

(1) The owner or operator of a source shall have the burden of proving to ecology or the 

authority or the decision-making authority in an enforcement action that excess emissions were 

unavoidable. This demonstration shall be a condition to obtaining relief under subsections (4), 

(5) and (6) of this section.

(2) Excess emissions determined to be unavoidable under the procedures and criteria in this 

section shall be excused and not subject to penalty.

(3) Excess emissions which represent a potential threat to human health or safety or which the 

owner or operator of the source believes to be unavoidable shall be reported to ecology or the 

authority as soon as possible. Other excess emissions shall be reported within thirty days after 

the end of the month during which the event occurred or as part of the routine emission 

monitoring reports. Upon request by ecology or the authority, the owner(s) or operator(s) of the 

source(s) shall submit a full written report including the known causes, the corrective actions 

taken, and the preventive measures to be taken to minimize or eliminate the chance of 

recurrence.

(4) Excess emissions due to startup or shutdown conditions shall be considered unavoidable 

provided the source reports as required under subsection (3) of this section and adequately 

demonstrates that the excess emissions could not have been prevented through careful planning 

and design and if a bypass of control equipment occurs, that such bypass is necessary to prevent 

loss of life, personal injury, or severe property damage.

(5) Maintenance. Excess emissions due to scheduled maintenance shall be considered

unavoidable if the source reports as required under subsection (3) of this section and adequately 

demonstrates that the excess emissions could not have been avoided through reasonable design, 

better scheduling for maintenance or through better operation and maintenance practices.

(6) Excess emissions due to upsets shall be considered unavoidable provided the source reports 

as required under subsection (3) of this section and adequately demonstrates that:

(a) The event was not caused by poor or inadequate design, operation, maintenance, or 

any other reasonably preventable condition;

TABLE 9 – ADDITIONAL REGULATIONS APPROVED FOR THE SPOKANE REGIONAL 

CLEAN AIR AGENCY (SRCAA) JURISDICTION – page 53
(b) The event was not of a recurring pattern indicative of inadequate design, operation, 

or maintenance; and

(c) The operator took immediate and appropriate corrective action in a manner 

consistent with good air pollution control practice for minimizing emissions during the 

event, taking into account the total emissions impact of the corrective action, including 

slowing or shutting down the emission unit as necessary to minimize emissions, when the 

operator knew or should have known that an emission standard or permit condition was 

being exceeded.

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

173-400-110 New Source Review (NSR).

(1) Applicability:

(a) A notice of construction application must be filed by the owner or operator and an 

order of approval issued by ecology or an authority prior to the establishment of any new 

source or emission unit or modification which is listed in WAC 173-400-100 or required 

to obtain a permit under RCW 70.94.161. 

(b) Ecology or the authority may require that a notice of construction application be 

filed by the owner or operator of a proposed new source or modification and an order of 

approval issued by ecology or an authority prior to the establishment of any new source 

or emission unit or modification, other than a single family or a duplex dwelling. 

(c) New source review of a modification shall be limited to the emission unit or units 

proposed to be added to an existing source or modified and the air contaminants whose 

emissions would increase as a result of the modification. 

(2) Completeness Determination: Within thirty days of receipt of a notice of construction 

application, ecology or the authority shall 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 application provides all information required to conduct PSD review. 

(3) Final Determination: 

(a) Within sixty days of receipt of a complete application, ecology or the authority shall 

TABLE 9 – ADDITIONAL REGULATIONS APPROVED FOR THE SPOKANE REGIONAL 

CLEAN AIR AGENCY (SRCAA) JURISDICTION – page 54
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. 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 

70.94.161 and the notice of construction application required by this section. A notice of 

construction designated for integrated review shall be processed in accordance with 

operating permit program procedures and deadlines. 

(b) Every final determination on a notice of construction application shall 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 authority. 

(c) If the new source is a major stationary source or the change is a major modification, 

ecology or the authority shall submit any control technology determination included in a 

final order of approval to the RACT/BACT/LAER clearinghouse maintained by EPA. 

(4) Appeals: An order of approval, 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. 

(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) Approval to construct or modify a stationary source shall become invalid if construction is 

not commenced within eighteen months after receipt of such 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 the authority may extend the eighteen-month period upon a 

satisfactory showing that an extension is justified. This provision does not apply to the time 

period between construction of the approved phases of a phased construction project; each phase 

TABLE 9 – ADDITIONAL REGULATIONS APPROVED FOR THE SPOKANE REGIONAL 

CLEAN AIR AGENCY (SRCAA) JURISDICTION – page 55
must commence construction within eighteen months of the projected and approved 

commencement date.

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

WAC 173-400-112 Requirements for New Sources in Nonattainment Areas.

Ecology or an authority reviewing an application to establish a new source or modification in a 

nonattainment 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 that the proposed project satisfies each 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, 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 the contaminants for which the area has been designated nonattainment and 

for which the proposed new source or modification is major.

(3) The proposed new source 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 plan and will comply with WAC 173-400-113(3) for all contaminants for which 

the area has not been designated nonattainment.

(4) If the proposed new source is a major stationary source or the proposed modification is a 

major modification, 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 are offset by reductions in actual emissions from existing 

sources in the nonattainment area. Emission offsets 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 together with the nonattainment provisions of 

section 172 of the FCAA) reasonable further progress. All offsetting emission reductions must 

TABLE 9 – ADDITIONAL REGULATIONS APPROVED FOR THE SPOKANE REGIONAL 

CLEAN AIR AGENCY (SRCAA) JURISDICTION – page 56
satisfy the following requirements:

(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 nonattainment.

(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). 

TABLE 9 – ADDITIONAL REGULATIONS APPROVED FOR THE SPOKANE REGIONAL 

CLEAN AIR AGENCY (SRCAA) JURISDICTION – page 57
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 

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

173-400-113 Requirements for New Sources in Attainment or Unclassifiable Areas.

Ecology or an authority 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, 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 that the proposed project satisfies all 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, 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 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 projected impact of 

the allowable emissions from the proposed new source or the projected impact of the increase in 

allowable emissions from the proposed modification at any location within a nonattainment area 

does not exceed the following levels for the pollutant(s) for which the area has been designated 

nonattainment:

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 ug/m3 5 ug/m3 - 25 ug/m3 30 ug/m3

PM10 1.0 ug/m3 5 ug/m3 - - -

NO2 1.0 ug/m3 - - - -

TABLE 9 – ADDITIONAL REGULATIONS APPROVED FOR THE SPOKANE REGIONAL 

CLEAN AIR AGENCY (SRCAA) JURISDICTION – page 58
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.

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

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.

(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,

TABLE 9 – ADDITIONAL REGULATIONS APPROVED FOR THE SPOKANE REGIONAL 

CLEAN AIR AGENCY (SRCAA) JURISDICTION – page 59
(b) The controls representing BART have not previously been required in this section.

(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.

State effective: 3/22/91; EPA effective: 6/2/95

173-400-161 Compliance Schedules.

(1) Issuance. Whenever a source is found to be in violation of an emission standard or other 

provision of this chapter, ecology or the authority may issue a regulatory order requiring that the 

source be brought into compliance within a specified time. The order shall contain a schedule 

for installation, with intermediate benchmark dates and a final completion date, and shall 

constitute a compliance schedule. Requirements for public involvement (WAC 173-400-171) 

must be met.

(2) Federal action. A source shall be considered to be in compliance with this chapter if all the 

provisions of its individual compliance schedule included with a regulatory order are being met. 

Such compliance does not preclude federal enforcement action by the EPA until and unless the 

schedule is submitted and adopted as an amendment to the state implementation plan.

(3) Penalties for delayed compliance. Sources on a compliance schedule but not meeting 

emissions standards may be subject to penalties as provided in the Federal Clean Air Act.

State effective: 3/22/91; EPA effective: 6/2/95

173-400-171 Public Involvement.

(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

TABLE 9 – ADDITIONAL REGULATIONS APPROVED FOR THE SPOKANE REGIONAL 

CLEAN AIR AGENCY (SRCAA) JURISDICTION – page 60
(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:

(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;

TABLE 9 – ADDITIONAL REGULATIONS APPROVED FOR THE SPOKANE REGIONAL 

CLEAN AIR AGENCY (SRCAA) JURISDICTION – page 61
(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.

(5) Other requirements of law. Whenever procedures permitted or mandated by law will 

accomplish the objectives of public notice and opportunity for comment, such procedures may be 

used in lieu of the provisions of this section.

(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.

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

173-400-190 Requirements for Nonattainment Areas.

The development of specific requirements for nonattainment areas shall include consultation 

with local government in the area and shall include public involvement per WAC 173-400-171.

State effective: 3/22/91; EPA effective: 6/2/95

173-400-200 Creditable Stack Height & Dispersion Techniques.

TABLE 9 – ADDITIONAL REGULATIONS APPROVED FOR THE SPOKANE REGIONAL 

CLEAN AIR AGENCY (SRCAA) JURISDICTION – page 62
(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) Open 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.

"Nearby," as used in this subsection for purposes of applying the GEP formula means that 

TABLE 9 – ADDITIONAL REGULATIONS APPROVED FOR THE SPOKANE REGIONAL 

CLEAN AIR AGENCY (SRCAA) JURISDICTION – page 63
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 an 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 

TABLE 9 – ADDITIONAL REGULATIONS APPROVED FOR THE SPOKANE REGIONAL 

CLEAN AIR AGENCY (SRCAA) JURISDICTION – page 64
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 the GEP stack height or twenty-six meters, 

whichever is greater, as measured from the ground-level 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 173-400-141 and 40 CFR 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 effective: 3/22/91; EPA effective: 6/2/95

173-400-205 Adjustment for Atmospheric Conditions.

Varying the rate of emission of a pollutant according to atmospheric conditions or ambient 

concentrations of that pollutant is prohibited, except as directed according to air pollution 

episode regulations.

State effective: 3/22/91; EPA effective: 6/2/95

173-400-210 Emission Requirements of Prior Jurisdictions.

Any emissions unit that was under the jurisdiction of an authority and now is under the 

jurisdiction of ecology, shall meet all emission requirements that were applicable prior to transfer 

of jurisdiction if those standards are more stringent than the standards of this chapter or the

specific chapter relating to that source.

State effective: 3/22/91; EPA effective: 6/2/95

TABLE 9 – ADDITIONAL REGULATIONS APPROVED FOR THE SPOKANE REGIONAL 

CLEAN AIR AGENCY (SRCAA) JURISDICTION – page 65
TABLE 9 – ADDITIONAL REGULATIONS APPROVED FOR THE SPOKANE REGIONAL 

CLEAN AIR AGENCY (SRCAA) JURISDICTION – page 66