TABLE 1 -- REGULATIONS APPROVED STATEWIDE

[Not applicable in Indian reservations (excluding non-trust land within the exterior boundaries of 

the Puyallup Indian Reservation) and any other area where the EPA or an Indian tribe has 

demonstrated that a tribe has jurisdiction] 

WAC 173-405 KRAFT PULPING MILLS

173-405-012 Statement of Purpose.

These rules are enacted under the provisions of the Washington Clean Air Act as amended 

(RCW 70.94.395) to:

(1) Assume state jurisdiction over emissions from kraft pulping mills to provide for the 

systematic control of air pollution in this industry and for the proper development of the state's 

natural resources; and

(2) Establish technically feasible and reasonably attainable standards and revise such standards 

as new information and better technology are developed and become available.

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

173-405-021 Definitions.

The definitions of terms contained in chapter 173-400 WAC are incorporated into this chapter by 

reference. Unless a different meaning is clearly required by context, the following words and 

phrases as used in this chapter shall have the following meanings:

(1) "Kraft mill" means any manufacturing facility which uses an alkaline solution containing 

sodium hydroxide and/or sodium sulfide, and any other chemical pulping facility, except those 

covered by chapter 173-410 WAC, to produce pulp and/or paper products from wood fibers. 

For the purposes of this regulation "kraft mill" is equivalent to "source."

(2) "Noncondensibles" means gases and vapors from the digestion and evaporation processes of 

a mill that are not condensed with the equipment used in those processes.

(3) "Recovery furnace stack" means the stack from which the products of combustion from the 

recovery furnace are emitted to the ambient air.

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

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 1
173-405-040 Emissions Standards.

In addition to the general applicability of chapters 173-400 and 173-490 WAC to all emission 

sources; no kraft pulp mill shall cause or permit air contaminant emissions in excess of the limits 

listed below. Specific emission standards listed in this chapter will take precedence over the 

general emission standards of chapter 173-400 WAC.

(1) Recovery furnaces.

(a) The particulate emissions from each recovery furnace stack shall not exceed 0.23 

grams of particulate per dry cubic meter at standard conditions (0.10 grains/dscf) 

corrected to eight percent oxygen averaged over three one hour tests.

(b) The TRS emissions from each recovery furnace stack constructed before January 1, 

1970, and for recovery furnaces that have direct contact evaporators, shall not exceed 

17.5 ppm corrected to eight percent oxygen for a daily average.

(c) The TRS emissions from each recovery furnace constructed after January 1, 1970, 

which does not have a contact evaporator, shall not exceed 5.0 ppm corrected to eight 

percent oxygen for a daily average.

(2) Smelt dissolver tank vent. The particulate emissions from smelt dissolver tank vents shall 

not exceed 0.15 grams per kilogram (0.30 pounds per ton) of solids fired at the associated 

recovery furnace.

(3) Lime kilns.

(a) The particulate emission from each lime kiln stack shall not exceed 0.30 grams of 

particulate per dry cubic meter (0.13 grains/dscf) at standard conditions corrected to ten 

percent oxygen.

(b) The TRS emissions from any lime kiln stack shall not exceed eighty ppm expressed 

as hydrogen sulfide for more than two consecutive hours in any one day.

(c) The average daily emission of TRS from any lime kiln stack shall not exceed fifty 

ppm. After January 1, 1985, TRS emissions from each lime kiln stack shall not exceed 

twenty ppm corrected to ten percent oxygen for a daily average.

(4) Other TRS emissions units. Noncondensibles from digesters, multiple-effect evaporators 

and condensate stripper system shall at all times be treated to reduce the emissions of TRS equal 

to the reduction achieved by thermal oxidation in a lime kiln. A backup treatment system or 

equivalent approved by ecology must be installed to assure continual treatment.

(5) Other particulate emissions units. The emission of particulates from emissions units other 

than kraft recovery furnaces, lime kilns, or smelt dissolving tank vents, shall not exceed the 

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 2
following maximums:

(a) 0.46 grams per dry cubic meter at standard conditions (0.2 grains/dscf) corrected to 

seven percent oxygen, for units which combust wood and wood residue to produce steam 

and which commenced construction prior to January 1, 1983.

(b) 0.12 grams per dry cubic meter at standard conditions (0.05 grains/dscf) corrected to 

seven percent oxygen, for units which combust fuel other than wood and wood residue to 

produce steam, and which commenced construction after January 1, 1983.

(c) 0.23 grams per dry cubic meter at standard conditions (0.1 grains/dscf) corrected to 

seven percent oxygen in the case of combustion units, for units not classified under (a) or 

(b) of this subsection.

(6) Opacity. No person shall cause or allow the emission of a plume from any kraft recovery 

furnace, smelt dissolver tank, or lime kiln, which has an average opacity greater than thirty-five 

percent for more than six consecutive minutes in any sixty minute period, except as described in 

WAC 173-405-040(7).

No person shall cause or allow the emission of a plume, from any emissions unit other than a 

kraft recovery furnace, smelt dissolver tank, or lime kiln, which has an average opacity greater 

than twenty percent for more than six consecutive minutes in any sixty minute period, except that 

these provisions do not apply 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 

soot blowing and grate cleaning necessary to the operation of the boiler facility. This practice, 

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

day and ecology shall be advised of the schedule.

There shall be no more than one violation notice issued in any sixty minute period.

These provisions (of WAC 173-405-040(6)) shall not apply when the presence of uncombined 

water is the only reason for the opacity of the plume to exceed the applicable maximum.

(7) Each mill may petition for, and ecology may establish by regulatory order, alternate opacity 

limits for a specific kraft recovery furnace or lime kiln, providing:

(a) The mill can demonstrate compliance; with all other applicable emission limits; and

(b) Best practicable operation and maintenance procedures, as approved by ecology, are 

continuously employed.

(8) Any person electing to apply for exceptions per the provisions of WAC 173-405-040(7) 

shall submit a program acceptable to ecology. The program shall include the following 

information: The amount and concentration of suspended particulate material emitted during 

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 3
best practicable operating procedures, opacity recorded at such emission level, the type of 

equipment and procedures which will be used to demonstrate compliance and the time required 

for installation of the equipment.

(9) The opacity provisions of this chapter shall apply until an application is received by 

ecology, petitioning for a revised limit as allowed by WAC 173-405-040(7). After a petition is 

received, enforcement of the opacity provisions will be stayed until the application is rejected or 

a new limit is established.

(10) Operation and maintenance. At all times, including periods of abnormal operation and 

upset conditions, owners and operators shall, to the extent practicable, maintain and operate any 

affected facility, including associated air pollution control equipment, in a manner consistent 

with good air pollution control practice. Determination of whether acceptable operating and 

maintenance procedures are being used will be based on information available to ecology which 

may include, but is not limited to, monitoring results, opacity observations, review of operating 

and maintenance procedures, and inspection of the source.

(11) SO2.

(a) The emission of sulfur dioxide from any recovery furnace or lime kiln shall not 

exceed five hundred ppm for an hourly average, corrected to eight percent oxygen for a 

recovery furnace or to ten percent oxygen for a lime kiln.

(b) The emission of sulfur dioxide from any emissions unit other than a recovery 

furnace or lime kiln shall not exceed one thousand ppm for an hourly average, corrected 

to seven percent oxygen for combustion units.

(12) Source testing. To demonstrate compliance with this chapter, the provisions of WAC 

173-400-105 shall apply to all sources to which this chapter is applicable.

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

173-405-045 Creditable Stack Height & Dispersion Techniques.

The provisions of WAC 173-400-200 shall apply to all sources to which this chapter is 

applicable.

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

173-405-061 More Restrictive Emission Standards.

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 4
Ecology may establish more restrictive emission standards for new mills or for mills expanding 

existing facilities pursuant to WAC 173-400-110.

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

173-405-072 Monitoring Requirements.

Each mill shall conduct routine monitoring of emissions in accordance with a program that has 

been approved by ecology. Results of the monitoring shall be reported within fifteen days of the 

end of each calendar month and shall include data as follows:

(1) Particulate: The results of particulate measurements made on each source during the 

month.

(2) TRS:

(a) The average TRS concentration expressed in units of the standard for each recovery 

furnace and lime kiln stack.

(b) The date, time and concentration of TRS for each TRS emissions violation and the 

total numbers of hours that exceed the standard.

(3) Opacity or other continuous monitor:

(a) The date and time of opacity in excess of the standard.

(b) If equipment for continuous monitoring of opacity is not available, continuous 

monitoring of operating parameters may be required by a regulatory order as an alternate. 

If an alternate is approved, the date and time of each occurrence in excess of the 

regulatory order must be reported.

(4) Production: The average daily production of air-dried unbleached pulp.

(5) Other data: Each kraft mill shall furnish, upon request of ecology, such other pertinent data 

required to evaluate the mill's emissions or emission control program.

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

173-405-077 Report of Startup, Shutdown, Breakdown or Upset Conditions.

The provisions of WAC 173-400-105(5) shall apply to all sources to which this chapter is 

applicable.

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 5
State effective: 3/22/91; EPA effective: 9/10/93

173-405-078 Emission Inventory.

The provisions of WAC 173-400-105(1) shall apply to all sources to which this chapter is 

applicable.

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

173-405-086 New Source Review (NSR).

The provisions of WAC 173-400-110 shall apply to all new sources and emissions units to which 

this chapter is applicable.

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

173-405-087 Prevention of Significant Deterioration (PSD).

The provisions of WAC 173-400-141 shall apply to all new major sources and major 

modifications to which this chapter is applicable.

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

173-405-091 Special Studies.

Ecology may require such additional special studies relevant to process emissions and establish 

completion dates as it determines necessary.

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

WAC 173-410 SULFITE PULPING MILLS

WAC 173-410-012 Statement of Purpose.

These rules are enacted under the provisions of the Washington Clean Air Act as amended 

(RCW 70.94.395) to:

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 6
(1) Assume state jurisdiction over emissions from sulfite pulping mills to provide for the 

systematic control of air pollution in this industry and for the proper development of the state's 

natural resources; and

(2) Establish technically feasible and reasonably attainable standards and revise such standards 

as new information and better technology are developed and become available.

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

WAC 173-410-021 Definitions.

The definitions of terms contained in chapter 173-400 WAC are incorporated into this chapter by 

reference. Unless a different meaning is clearly required by context, the following words and 

phrases as used in this chapter, shall have the following meanings:

(1) "Acid plant" means the facility in which the cooking liquor is either manufactured or 

fortified when not associated with a recovery system.

(2) "Average daily emission" means total weight of an air contaminant emitted in each month, 

divided by the number of days of production that month.

(3) "Average daily production" means air dried tons of unbleached pulp produced in a month, 

divided by the number of days of production in that month.

(4) "Blow system" includes the storage chest, tank or pit to which the digester pulp is 

discharged following the cook.

(5) "Recovery system" means the process by which all or part of the cooking chemicals may be 

recovered, and cooking liquor regenerated from spent cooking liquor, including evaporation, 

combustion, dissolving, fortification, storage facilities, and emission control equipment 

associated with the recovery cycle.

(6) "Sulfite pulping mill" means any manufacturing facility which uses a cooking liquor 

consisting of sulfurous acid, a sulfite or bisulfite salt alone or in any combination, with or 

without additional mechanical refining or delignification to produce pulp, pulp products or 

cellulose from wood fibers. For the purposes of this regulation "sulfite pulping mill" is 

equivalent to "source."

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

WAC 173-410-040 Emissions Standards.

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 7
In addition to the general applicability of chapters 173-400 and 173-490 WAC to all emission 

sources; no sulfite pulping mill shall cause or permit air contaminant emissions in excess of the 

limits listed below. Specific emission standards listed in this chapter will take precedence over 

the general emission standards of chapter 173-400 WAC.

(1) Sulfur dioxide.

(a) The total average daily emissions from a sulfite pulping mill, or a portion of a sulfite 

pulping mill which practices incineration of the spent sulfite liquor, shall not exceed ten 

grams of sulfur dioxide per kilogram (twenty pounds per ton) of air dried, unbleached 

pulp produced.

(b) The total average daily emissions from a sulfite pulping mill, or a portion of a sulfite 

pulping mill that does not incinerate the spent sulfite liquor, shall not exceed two grams 

of sulfur dioxide per kilogram (four pounds per ton) of air dried, unbleached pulp 

produced.

(c) The blow system emissions shall not exceed 0.1 grams of sulfur dioxide per minute, 

on a fifteen minute average, per kilogram (0.2 pounds per ton) of air dried, unbleached 

pulp discharged from the digester.

(d) Emissions from the recovery system and acid plant shall not exceed 800 ppm of 

sulfur dioxide for any hourly average.

(e) Emissions from recovery systems constructed after January 24, 1972, shall not 

exceed 300 ppm of sulfur dioxide for any hourly average.

(f) Emissions from any emissions unit, other than a recovery system, a blow system or 

an acid plant, shall not exceed 1000 ppm of sulfur dioxide, corrected to seven percent 

oxygen in the case of combustion unit, for any hourly average.

(2) Particulate.

(a) Emissions of particulate from recovery systems constructed before January 24, 

1972, shall not exceed 0.23 grams per dry cubic meter of exhaust at standard conditions 

(0.10 grains/dscf) corrected to eight percent oxygen.

(b) Emissions of particulate matter from recovery systems constructed after January 24, 

1972, shall not exceed 0.14 grams per dry cubic meter of exhaust at standard conditions 

(0.06 grains/dscf) corrected to eight percent oxygen.

(c) The emission of particulates from emissions units other than acid plants or recovery 

systems shall not exceed the following maximums:

(i) 0.46 grams per dry cubic meter at standard conditions (0.2 grains/dscf) 

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 8
corrected to seven percent oxygen, for units which combust wood and wood 

residue to produce steam and which commenced construction prior to January 1, 

1983.

(ii) 0.12 grams per dry cubic meter at standard conditions (0.05 grains/dscf) 

corrected to seven percent oxygen, for units which combust fuel other than wood 

and wood residue to produce steam, and which commenced construction after 

January 1, 1983.

(iii) 0.23 grams per dry cubic meter at standard conditions (0.1 grains/dscf) 

corrected to seven percent oxygen in the case of combustion units, for units not 

classified under (c) (i) or (ii) of this subsection.

(3) Opacity. No person shall cause or allow the emission of a plume from a recovery system 

or acid plant which has an average opacity greater than thirty-five percent, for more than six 

consecutive minutes in any sixty minute period, except as allowed per RCW 70.94.331 (2)(c).

(4) Operation and maintenance. At all times, including periods of abnormal operations and 

upset conditions, owners and operators shall, to the extent practicable, maintain and operate any 

affected facility, including associated air pollution control equipment, in a manner consistent 

with good air pollution control practice. Determination of whether acceptable operating and 

maintenance procedures are being used will be based on information available to ecology which 

may include, but is not limited to, monitoring results, opacity observations, review of operating 

and maintenance procedures, and inspection of the source.

(5) No recovery system shall emit total reduced sulfur (TRS) gases in excess of 17.5 ppm for a 

daily average.

(6) More restrictive limits. Ecology may set more restrictive emissions limits than the specific 

limits set in this chapter (after public involvement and hearing), if there is reason to believe that 

the emission(s) from a source is a cause of public nuisance or a cause of violation of ambient air 

quality standards. The source shall, within ninety days from notification of the more restrictive 

limits, achieve operation that will prevent further recurrence of the nuisance or violation.

(7) Source testing. To demonstrate compliance with this chapter, the provisions of WAC 173-

400-105 shall apply to all sources to which this chapter is applicable.

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

WAC 173-410-045 Creditable Stack Height & Dispersion Techniques.

The provisions of WAC 173-400-200 shall apply to all sources to which this chapter is 

applicable.

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 9
State effective: 3/22/91; EPA effective: 9/10/93

WAC 173-410-062 Monitoring Requirements.

Each mill shall conduct routine monitoring of emissions in accordance with a program that has 

been approved by ecology. Results of monitoring shall be reported within fifteen days of the 

end of each calendar month and shall include data as follows:

(1) For the recovery system and acid plant:

(a) The average daily emissions of sulfur dioxide expressed as grams SO2 per kilogram 

of air dried, unbleached pulp produced and the kilograms of SO2 per day.

(b) Daily average concentration of sulfur dioxide.

(c) The date, time and concentration for each sulfur dioxide emission violation and the 

total number of hours that exceed the standard.

(d) The results of particulate tests conducted during the month.

(2) For the blow system:

(a) The grams of sulfur dioxide per minute, on a fifteen minute average, per kilogram of 

air dried, unbleached pulp discharged from the digester.

(b) The average daily production of air dried, unbleached pulp.

(3) Each mill shall furnish, upon request of ecology, such other pertinent data required to 

evaluate the mill's emission control program.

(4) All measurements shall be made in accordance with WAC 173-400-105.

(5) Each mill shall be required to establish a program approved by ecology for continuous 

opacity monitoring to demonstrate compliance with WAC 173-410-040(3) and to report the 

results to ecology in a format and on a schedule set by regulatory order. If equipment for 

continuous monitoring of opacity is not available, continuous monitoring of operating parameters 

may be required as an alternate until continuous opacity monitoring equipment is available.

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

WAC 173-410-067 Report of Startup, Shutdown, Breakdown or Upset Conditions.

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 10
The provisions of WAC 173-400-105(5) shall apply to all sources to which this chapter is 

applicable.

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

173-410-071 Emission Inventory.

The provisions of WAC 173-400-105(1) shall apply to all sources to which this chapter is 

applicable.

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

173-410-086 New Source Review (NSR).

The provisions of WAC 173-400-110 shall apply to all new sources and emissions units to which 

this chapter is applicable.

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

173-410-087 Prevention of Significant Deterioration (PSD).

The provisions of WAC 173-400-141 shall apply to all new major sources and major 

modifications to which this chapter is applicable.

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

173-410-100 Special Studies.

Ecology may require such additional special studies relevant to process emissions and establish 

completion dates as it finds necessary.

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

WAC 173-415 PRIMARY ALUMINUM PLANTS

173-415-010 Statement of Purpose.

These rules are enacted under the provisions of the Washington Clean Air Act as amended 

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 11
(RCW 70.94.395) to:

(1) Assume state jurisdiction over emissions from primary aluminum reduction plants to 

provide for the systematic control of air pollution in this industry and for the proper development 

of the state's natural resources; and

(2) Establish technically feasible and reasonably attainable standards and revise such standards 

as new information and better technology are developed and become available.

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

173-415-020 Definitions.

The definitions of terms contained in chapter 173-400 WAC are incorporated into this chapter by 

reference. Unless a different meaning is clearly required by context, the following words and 

phrases as used in this chapter, shall have the following meanings:

(1) "Fluorides" means compounds of the element fluorine.

(2) "Forage" means grasses, pasture and other vegetation that is normally consumed or is 

intended to be consumed by livestock.

(3) "Primary aluminum plant" or "primary aluminum reduction plant" or "primary aluminum 

mill" means a plant which produces aluminum metal from aluminum oxide (alumina). For the 

purposes of this regulation "primary aluminum plant" is equivalent to "source."

(4) "Potline primary emission control system" means the equipment and procedures designed to 

collect and remove contaminants from the exhaust gases which are captured at the pot.

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

173-415-030 Emissions Standards.

In addition to the general applicability of chapters 173-400 and 173-490 WAC to all emission 

sources; all primary aluminum plants are required to meet the emission standards of this chapter. 

Specific emissions standards listed in this chapter will take precedence over the general emission 

standards of chapter 173-400 WAC.

(1) Fluoride.

(a) The emission of gaseous and particulate fluorides for all emissions units within a 

primary aluminum plant shall be restricted so that the plant's emissions will not cause 

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 12
ambient air and forage standards for fluorides established by chapter 173-481 WAC to be 

exceeded outside the property controlled by the aluminum plant owner(s) or operator(s).

(b) Each potline primary emission control system shall be designed so that the control 

of fluoride emissions will be equivalent to a total fluoride collection efficiency of: (i) 

Eighty percent for vertical stud soderberg and side worked prebake pots, (ii) eighty-five 

percent for horizontal stud soderberg pots, and (iii) ninety-five percent for center worked 

prebake pots. A primary emission control system with a design removal efficiency of at 

least ninety-five percent of the fluoride collected is required.

(2) Particulate. The total emission of particulate matter to the atmosphere from the reduction 

process (potlines) shall be reduced to the lowest level consistent with reasonably available 

control technology (RACT) for primary aluminum plants. The emission of solid particulate 

shall not exceed 7.5 grams per kilogram (fifteen pounds per ton) of aluminum produced on a 

daily basis.

(3) Visible emissions. Visible emissions from any emissions unit in a primary aluminum plant 

shall not exceed an average twenty percent opacity for more than six consecutive minutes in any 

sixty minute period. This provision shall not apply:

(a) When the presence of uncombined water is the only reason for the opacity of the 

plume to exceed twenty percent; or

(b) When an alternate opacity limit has been established under RCW 70.94.331 (2)(c).

(4) Fugitive emissions. Each primary aluminum plant shall use RACT to prevent fugitive 

emissions.

(5) Sulfur dioxide.

(a) Total emissions of sulfur dioxide from all emissions units shall not exceed thirty 

grams of sulfur dioxide per kilogram of aluminum produced on a monthly average (sixty 

pounds per ton). Those primary aluminum plants which were in excess of the above 

sulfur dioxide limit on January 1, 1978, will be allowed to emit at the January 1, 1978, 

level of emissions provided that the owners or operators did demonstrate to ecology by 

July 1, 1981, by use of modeling and ambient measurements, that the emissions will not 

cause the ambient standard to be exceeded, and that the limits are placed in a regulatory 

order(s).

(b) In no case shall any plant cause or permit the emission of a gas containing sulfur 

dioxide in excess of one thousand parts per million corrected to dry standard conditions 

for an hourly average.

(6) Operation and maintenance. At all times, including periods of abnormal operation and 

upset, owners and operators shall, to the extent practicable, maintain an affected facility, and 

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 13
operate and maintain air pollution control equipment associated with such facility in a manner 

consistent with good air pollution control practice. A plant may elect to establish a program, 

subject to the approval of ecology, for monitoring each potroom in order to demonstrate good 

operation and maintenance.

(7) Source testing. To demonstrate compliance with this chapter, the provisions of WAC 173-

400-105 shall apply to all sources to which this chapter is applicable.

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

173-415-045 Creditable Stack Height & Dispersion Techniques.

The provisions of WAC 173-400-200 shall apply to all sources to which this chapter is 

applicable.

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

173-415-050 New Source Review (NSR).

The provisions of WAC 173-400-110 shall apply to all new sources and emissions units to which 

this chapter is applicable.

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

173-415-051 Prevention of Significant Deterioration (PSD).

The provisions of WAC 173-400-141 shall apply to all new major sources and major 

modifications to which this chapter is applicable.

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

173-415-060 Monitoring and Reporting.

(1) Each primary aluminum plant shall conduct routine monitoring of emissions, ambient air, 

and forage in accordance with a program that has been approved by ecology. Results of 

monitoring shall be reported within thirty days of the end of each calendar month and shall 

include data as follows:

(a) Ambient air: Twenty-four hour concentrations of gaseous fluoride in the ambient 

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 14
air expressed in micrograms of hydrogen fluoride per cubic meter of ambient air.

(b) Forage: Concentrations of fluoride in forage expressed in parts per million of 

fluoride on a dried weight basis.

(c) Particulate emissions: Results of all emission sampling conducted during the 

month for particulates, expressed in grains per standard dry cubic foot, in pounds per day, 

and in pounds per ton of aluminum produced. The method of calculating pounds per ton 

shall be as specified in the approved monitoring programs. Particulate data shall be 

reported as total particulates and percentage of fluoride ion contained therein.

Compliance with WAC 173-415-030(2) shall be determined by measurements of 

emissions from the potline primary control system plus measurements of emissions from 

the roof monitor.

(d) Fluoride emissions: Results of all sampling conducted during the month for 

fluoride emissions. All results shall be expressed as hydrogen fluoride in parts per 

million on a volume basis and pounds per day of hydrogen fluoride.

(e) Other emission and ambient air data as specified in the approved monitoring 

program.

(2) Other data: For ecology to evaluate a plant's emissions or emission control program, each 

primary aluminum plant shall furnish other data requested by ecology.

(3) Change in raw materials or fuel: Any change or series of changes in raw material or fuel 

which results in a cumulative increase in emissions of sulfur dioxide of five hundred tons per 

year or more over that stated in the 1979 inventory required by WAC 173-415-080 shall require 

the submittal of sufficient information to ecology so that the effect upon ambient concentrations 

of sulfur dioxide can be determined. Ecology may issue regulatory orders requiring controls to 

reduce the effect of such increases.

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

173-415-070 Report of Startup, Shutdown, Breakdown or Upset Conditions.

The provisions of WAC 173-400-105(5) shall apply to all sources to which this chapter is 

applicable.

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

173-415-080 Emission Inventory.

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 15
The provisions of WAC 173-400-105(1) shall apply to all sources to which this chapter is 

applicable.

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

WAC 173-422 MOTOR VEHICLE EMISSION INSPECTION

173-422-010 Purpose.

This chapter implements the Washington Clean Air Act, chapter 70.94 RCW, as supplemented 

by the motor vehicle emission inspection provisions codified as chapter 70.120 RCW.

Gasoline motor vehicles are the primary emitters of carbon monoxide and emit significant 

quantities of hydrocarbons and oxides of nitrogen. Diesel motor vehicles are emitters primarily 

of particulates, hydrocarbons, and oxides of nitrogen. Emission controls required by the federal 

government are designed to reduce motor vehicle related air pollution. However, the 

effectiveness of these controls is substantially reduced through deterioration, maladjustment and 

tampering. Motor vehicle emission inspection serves to identify high polluting vehicles and 

vehicles with tampered or missing emission controls and to reduce their emissions, when such 

reduction can be accomplished at reasonable cost. These rules establish the emission standards, 

testing procedures, and associated activities necessary to implement a program of air pollution 

prevention and control resulting from motor vehicle emission inspections.

State effective: 6/3/93; EPA effective: 9/25/96

173-422-020 Definitions.

Unless a different meaning is clearly indicated by context, the following definitions will apply:

(1) "Appropriate repair" means the diagnosis of the cause(s) of an emission test failure and/or the 

repair of one or more of these causes. An appropriate repair should reduce at least one emission 

test reading or diagnose and/or repair an emission problem identified by the on-board diagnostic 

(OBD) system.

(2) "Certificate of acceptance" means an official form, issued by someone authorized by the 

department, which certifies that the following conditions have been met:

(a) The vehicle failed an emission inspection; and

(b) The vehicle failed a reinspection; and

(c) All primary emission control components installed by the vehicle manufacturer, or its 

appropriate replacement, are installed and operative; and

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 16
(d) The recipient has provided original receipts listing and providing the cost of each 

appropriate repair performed by an authorized emission specialist between the initial and 

last inspection; and

(e) The total cost of the appropriate repairs must equal or exceed:

Pre-1981 vehicles $100

1981 and newer $150

(3) "Certificate of compliance" means an official form, issued by someone authorized by the 

department, which certifies that the recipient's vehicle on inspection complied with applicable 

emission inspection standards.

(4) "Authorized emission specialist" means an individual who has been issued a certificate of 

instruction by the department as authorized in RCW 70.120.020 (2)(a) and has maintained the 

certification by meeting requirements of WAC 173- 422-190(2).

(5) "Dealer" means a motor vehicle dealer, as defined in chapter 46.70 RCW as amended, that is 

licensed pursuant to chapter 46.70 RCW.

(6) "Department" means the department of ecology.

(7) "Emission contributing area" means a land area within whose boundaries are registered motor 

vehicles that contribute significantly to the violation of motor vehicle related air quality 

standards in a noncompliance area.

(8) "Fleet" means a group of fifteen or more motor vehicles owned or leased concurrently by one 

owner assigned a fleet identifier code by the department of licensing.

(9) "Gross vehicle weight rating (GVWR)" means the manufacturer stated gross vehicle weight 

rating.

(10) "Motor vehicle" means any self-propelled vehicle required to be licensed pursuant to 

chapter 46.16 RCW.

(11) "Noncompliance area" means a land area within whose boundaries any air quality standard 

for any air contaminant from the emissions of motor vehicles will probably be exceeded.

(12) "PPM" means parts per million by volume.

(13) "Primary emission control components" means the components of the vehicle installed by 

the manufacturer for the purpose of reducing emissions or its replacement or modification which 

is acceptable to the United States Environmental Protection Agency. These components are, but 

are not limited to, the catalytic converter or thermal reactor, the air injection system components, 

the thermostatic air cleaner, the exhaust gas recirculation system components, the evaporative 

emission system components including the gas cap, the positive crankcase ventilation system 

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 17
components and the electronic control unit components that control the air/fuel mixture and/or 

ignition timing including all related sensors.

The primary emission control components of a vehicle with a different engine than the engine 

originally installed shall be an Environmental Protection Agency certified engine/emission 

control combination for that vehicle or its newer model. 

State effective: 7/4/02; EPA effective: 9/10/15

173-422-030 Vehicle Emission Inspection Requirement.

All motor vehicles, not specifically exempted by WAC 173-422-170, which are registered or 

reregistered within the boundaries of an emission contributing area, as specified in WAC 173-

422-050, are subject to the vehicle emission inspection requirements of this chapter. In 

addition, the department may require an emission inspection of a motor vehicle, except military 

tactical vehicles, operated for more than sixty days a year on a federal installation located within 

an emission contributing area, or a vehicle garaged at a location within an emission contributing 

area, or a vehicle which has previously passed an emission inspection but has been identified 

using on road testing as likely to no longer comply with the inspection standards. Neither the 

department of licensing, county auditors nor subagents appointed under RCW 46.01.140 may 

change the registered owner or may issue or renew a motor vehicle license for any vehicle 

registered in an emission contributing area, as that area is established under RCW 70.120.150, 

unless the application for issuance or renewal is: (1) Accompanied by a valid certificate of 

compliance issued pursuant to RCW 70.120.080 or 70.120.170 or a valid certificate of 

acceptance issued pursuant to RCW 70.120.070; or (2) exempted from this requirement pursuant 

to RCW 46.16.015(2). Certificates must have a date of validation which is within twelve 

months of the assigned license renewal date.

State effective: 7/4/02; EPA effective: 9/10/15

173-422-031 Vehicle Emission Inspection Schedules.

(1) Vehicles defined in RCW 46.16.015(2) or WAC 173-422-170 are exempt from emission 

inspections. Vehicles five through twenty- five years old, other than state and local government 

vehicles, shall be inspected every other year as described in the table below. This inspection 

schedule does not apply to vehicles that have already been issued a certificate of compliance or a 

certificate of acceptance within twelve months of the assigned license renewal date.

Year Model Year of Vehicles Needing Inspection

2002 1978, 1980, 1982, 1984, 1986, 1988, 1990, 1992, 1994, 1997

2003 1979, 1981, 1983, 1985, 1987, 1989, 1991, 1993, 1995, 1996, 1998

2004 1980, 1982, 1984, 1986, 1988, 1990, 1992, 1994, 1997, 1999

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 18
2005 1981, 1983, 1985, 1987, 1989, 1991, 1993, 1995, 1996, 1998, 2000

2006 1982, 1984, 1986, 1988, 1990, 1992, 1994, 1997, 1999, 2001

2007 1983, 1985, 1987, 1989, 1991, 1993, 1995, 1996, 1998, 2000, 2002

2008 1984, 1986, 1988, 1990, 1992, 1994, 1997, 1999, 2001, 2003

2009 1985, 1987, 1989, 1991, 1993, 1995, 1996, 1998, 2000, 2002, 2004

2010 1986, 1988, 1990, 1992, 1994, 1997, 1999, 2001, 2003, 2005

2011 1987, 1989, 1991, 1993, 1995, 1996, 1998, 2000, 2002, 2004, 2006

2012 1988, 1990, 1992, 1994, 1997, 1999, 2001, 2003, 2005, 2007

(2) State and local government vehicles five through twenty-five years old shall be inspected 

yearly as described in the table below.

Year Model Year of Vehicles Needing Inspection

2002 1977 through 1997

2003 1978 through 1998

2004 1979 through 1999

2005 1980 through 2000

2006 1981 through 2001

2007 1982 through 2002

2008 1983 through 2003

2009 1984 through 2004

2010 1985 through 2005

2011 1986 through 2006

2012 1987 through 2007

State effective: 7/4/02; EPA effective: 9/10/15

173-422-040 Noncompliance areas.

The Following Areas Are Designated Noncompliance Areas For The Air Contaminants 

Specified: Carbon Monoxide

(1) The City of Seattle.

(2) The City of Bellevue.

(3) The City of Spokane.

(4) The City of Tacoma.

(5) The City of Vancouver.

(6) The City of Everett.

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 19
State effective: 6/3/93; EPA effective: 9/25/96

173-422-050 Emission Contributing Areas.

Emission contributing areas within which the motor vehicle emission inspection program applies 

are designated by the following United States Postal Service ZIP codes as of September 1, 1994, 

set forth below:

I. PUGET SOUND REGION 

98001 98036 98083

98002 98037 98092

98003 98038 98093

98004 98039 98101 thru 98199 inclusive except 98110

98005 98040 98201 thru 98208

98006 98041 98258

98007 98042 98270

98008 98043 98271

98009 98046 98275

98011 98047 98290

98012 98052 98291

98015 98053 98327

98020 98054 98332

98021 98055 98335

98023 98056 98338

98025 98057 98344

98026 98058 98352

98027 98059 98354

98028 98062 98371 thru 98374

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 20
98031 98063 98387

98032 98064 98388

98033 98071 98390

98034 98072 98401 thru 98499

98035 98073

II. SPOKANE REGION 

99001

99005

99014

99016

99019

99021

99025

99027

99037

99201 thru 99299

III. VANCOUVER REGION

98604 except north of N.E. 279th Street 

98606

98607

98629 except east of N.E. 50th Avenue 

98642

98660 thru 98668

98761 except Skamania County 

98682 - 86

State effective: 11/9/96; EPA effective: 6/18/97

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 21
173-422-060 Gasoline Vehicle Emission Standards.

Gasoline motor vehicles subject to this chapter shall: 

(1) When tested using the exhaust emission testing procedures described in (II) Two Speed Idle 

Test of Appendix B Test Procedures of Subpart S-Inspection/Maintenance Program 

Requirements of Part 51 of Chapter 1, Title 40 of the Code of Federal Regulations adopted 

November 1, 1992, meet the applicable exhaust emission standards from the following table 

during both the idle and higher speed mode.

Two Speed Idle Test Exhaust Emission Standards

Model Year CO(%) * HC (ppm) *

80 and earlier 3.0 600

81 and newer (0-8500

GVWR)

1.2 220

81 and newer (Greater than 

8500 GVWR)

3.0 400

*Carbon monoxide (CO) and hydrocarbons (HC), measured as a percentage (%) or parts per million (ppm) of 

the exhaust volume.

(2) When tested using the acceleration simulation mode (ASM) procedure specified in WAC 

173-422-070 meet the following standards during that mode and the applicable standard from 

WAC-173-422-060(1) during the idle mode.

ASM Mode Exhaust Emission Standards

Model Year 

Weight (lbs.)

CO(%) * HC (ppm) *

1980 and earlier model year cars and trucks (0-8500 lbs. GVWR)

1750 4.2 400

1875 4.0 380

2000 3.8 350

2125 3.6 340

2250 3.4 320

2375 3.2 300

2500 3.0 290

2625 2.9 270

2750 2.8 260

2875 2.7 250

3000 2.6 240

3125 2.5 230

3250 2.4 220

3375 2.3 220

3500 2.2 210

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 22
3625 2.1 200

cars 3750 & greater 2.1 200

trucks 3750 & greater 2.5 300

1981 & later model year cars and trucks (0-8500 lbs. GVWR)

1750 1.8 250

1875 1.7 240

2000 1.6 220

2125 1.5 210

2250 1.5 200

2375 1.4 190

2500 1.3 180

2625 1.3 180

2750 1.2 170

2875 1.2 160

3000 1.1 160

3125 1.1 150

3250 1.0 150

3375 1.0 150

3500 1.0 150

3625 1.0 150

cars 3750 & greater 1.0 150

trucks 3750 & greater 1.5 200

*Carbon monoxide (CO) and hydrocarbons (HC), measured as a percentage (%) or parts per million (ppm) of 

the exhaust volume.

(3) The gasoline filler cap must not leak more than 60 cubic centimeters per minute at a pressure 

of 30 inches of water.

(4) Standardized on-board diagnostic (OBD) systems (also known as OBDII) were required by 

Environmental Protection Agency starting with 1996 model gasoline vehicle cars and light 

trucks. If a 1996 or newer model vehicle is equipped with an Environmental Protection Agency 

certified on-board diagnostic (OBD) system, the information stored in the on-board computer 

must indicate that all emission-related functional checks have been completed except for 1996 to 

2000 model year vehicles that can have up to two readiness monitors not set to ready, or 2001 or 

newer model year vehicles that have one readiness monitor not set to ready, and no malfunctions 

detected that would command the malfunction indicator light to be illuminated.

State effective: 7/4/02; EPA effective: 9/10/15

173-422-065 Diesel Vehicle Exhaust Emission Standards.

(1) Diesel motor vehicles subject to this chapter shall meet the following opacity standards when 

using the snap-acceleration test procedures specified in WAC 173-422-075.

Model Year Opacity (%)

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 23
1991 and earlier 55

1992 and later 40

(2) When using the Acceleration Simulation Mode (ASM) test procedures specified in WAC 

173-422-070 adapted for the testing of diesel cars or light trucks (0-8500 pounds gross vehicle 

weight rating), these vehicles shall meet a 20% opacity standard.

State effective: 7/4/02; EPA effective: 9/10/15

173-422-070 Gasoline Vehicle Exhaust Emission Testing Procedures.

All persons certified by, or under contract to, the department to conduct motor vehicle emission 

inspections shall use the exhaust emission testing procedures described in (II) Two Speed Idle 

Test of Appendix B-Test Procedures of Subpart S-Inspection/Maintenance Program 

Requirements of Part 51 of chapter 1, Title 40 of the Code of Federal Regulations adopted 

November 1, 1992, except that the department may require that the following Acceleration 

Simulation Mode (ASM) test procedure replace the 2500 rpm mode of the Two Speed Idle Test.

Equivalent procedures may be approved by the department.

Variations to the procedures specified may be established by the department for all or certain 

vehicles. Vehicles, not repaired as required by an emission recall for which owner notification 

was attempted after January 1, 1995, shall not be inspected until compliance with the recall is 

established.

Acceleration Simulation Mode (ASM)

1. Dynamometer Load: Set dynamometer horsepower load equal to [Vehicle Weight 

(lbs.) + 300]/300. An Environmental Protection Agency specified loading may also be 

used.

2. Vehicle Gear Selection: Vehicles with automatic transmissions use Drive (not 

Overdrive), vehicles with manual transmissions use second gear. Shift to the next higher 

gear if the engine speed exceeds 2500 revolutions per minute.

3. Vehicle Speed: Set vehicle speed at 25 miles per hour (mph) 1.5 ± mph.

4. Pass or Fail Determinations: Once the vehicle has been operating at 25 mph for 15 

seconds, begin measuring exhaust HC, CO, and CO2, each second. The reading for pass 

or fail determinations is the running average of five measurements. When a final pass or 

fail determination is made, this mode will be stopped and the final readings recorded.

5. Fast Pass: Once HC and CO readings are equal to or less than the HC and CO 

standards and are within 20 ppm HC and 0.20% CO of each other.

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 24
6. Fast Fail: The vehicle will fail after 15 or more seconds of measurements when the 

HC reading exceeds 1800 ppm, or the CO reading exceeds 9.0 percent.

7. Full Term Pass/Fail: The vehicle will pass or fail the ASM mode after 90 seconds of 

measurements unless emission readings are declining at a rate that indicates that a failing 

vehicle will pass within the next 30 seconds. Then the failing vehicle will receive up to

an additional 30 seconds of measurements before the final pass/fail determination is 

made.

State effective: 7/4/02; EPA effective: 9/10/15

173-422-075 Diesel Vehicle Inspection Procedure.

Diesel vehicles shall be tested using the following snap- acceleration test procedure unless the 

department requires the Acceleration Simulation Mode (ASM) test procedure specified in WAC 

173-422-070 adapted for the testing of diesel cars or light trucks (0-8500 pounds gross vehicle 

weight rating) be used in lieu of the snap-acceleration test procedure.

Prior to beginning the test verify the engine is within its normal operating temperature range, all 

vehicle accessories including air conditioning are off, the parking brake and an engine brake or 

retarder is off, the transmission is in neutral (and clutch released if manual transmission).

(1) The vehicle shall receive at least three preliminary snap-acceleration test cycles until 

consistent engine operation is achieved. The snap-acceleration test cycle consists of moving the 

accelerator pedal from normal idle as rapidly as possible to the full power position, then fully 

releasing the throttle so the engine returns to idle.

(2) Then perform additional snap-acceleration test cycles while measuring the smoke opacity 

with an opacity meter which meets the requirements specified in WAC 173-422-095. The 

engine must be allowed to remain at idle for at least ten seconds between snap-acceleration test 

cycles. If a subsequent snap- acceleration cycle is not begun within 45 seconds, the entire 

sequence of snap-acceleration test cycles must be restarted. The three preliminary snapacceleration test cycles described in (1) need not be repeated.

(3) Record peak opacity readings from each snap-acceleration test cycle up to nine times if 

necessary to obtain a peak opacity reading and two consecutive peak readings that are equal to or 

less than the standard established in WAC 173-422-065.

If a peak opacity reading and two consecutive peak readings that are equal to or less than the 

standard established in WAC 173-422-065 are not obtained, the vehicle fails the test.

(4) Steps 2 and 3 are repeated for any additional exhaust pipes.

State effective: 7/4/02; EPA effective: 9/10/15

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 25
173-422-090 Exhaust Gas Analyzer Specifications.

Only exhaust gas analyzers meeting the specifications contained in (I) Steady-State Exhaust 

Analysis System of Appendix D-Steady-State Short Test Equipment of Subpart SInspection/Maintenance Program Requirements of Part 51 of chapter 1, Title 40 of the Code of 

Federal Regulations adopted November 1, 1992, at the time of certification testing may be used 

for certification testing, unless equivalent specifications have been approved by the department.

State effective: 3/31/95; EPA effective: 9/25/96

WAC 173-422-095 Exhaust Opacity Testing Equipment.

The exhaust opacity measurement shall be conducted using an opacity meter approved by the 

department. The opacity meter shall:

(1) Automatically calibrates itself before each test.

(2) Provide for continuous measurement of exhaust opacity unaffected by rain or wind.

State effective: 3/11/94; EPA effective: 9/25/96

173-422-100 Testing Equipment Maintenance and Calibration.

(1) Unless alternative procedures have been approved or required by the department all 

equipment used in the inspection shall be calibrated and maintained according to the 

manufacturer's specifications and recommendations. Complete logs as approved by the 

department shall be kept for maintenance, repair, and calibration.

(2) The procedures for equipment maintenance and calibration procedures described in (I) 

Steady-State Test Equipment of Appendix A-Calibrations, Adjustments and Quality Control of 

Subpart S-Inspection/Maintenance Program Requirements of Part 51 of chapter 1, Title 40 of the 

Code of Federal Regulations adopted November 1, 1992, shall be followed by all testing 

facilities unless equivalent procedures have been approved by the department. 

State effective: 3/31/95; EPA effective: 9/25/96

173-422-120 Quality Assurance.

The department, or its designee, may monitor the operation of each authorized emission 

inspection/certification facility with unidentified or unannounced and unscheduled inspections to 

check the calibration and maintenance of the exhaust analyzers, test procedures, and records.

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 26
The department (or its designee) may immediately require the suspension of vehicle 

inspections/certifications in all or part by the inspection/certification facility if violations of this 

chapter are found during an audit of the inspection facility.

State effective: 3/31/94; EPA effective: 9/25/96

173-422-145 Fraudulent Certificates of Compliance/Acceptance.

(1) (a) Obtaining or attempting to obtain a certificate of compliance by (i) providing false 

information or (ii) any fraudulent means; or

(b) Obtaining or attempting to obtain a certificate of acceptance (i) through the use of 

receipts or other documentation containing false information, or (ii) any fraudulent means 

shall be construed as a violation of these rules implementing chapter 70.94 RCW as 

supplemented by chapter 70.120 RCW.

(2) Any person who commits such violation or who aids or abets another in committing the 

same shall be subject to a civil penalty not to exceed two hundred fifty dollars for each violation.

(3) For the purposes of this section the term "expended" refers to the net actual cost to the 

vehicle owner in the purchase of repairs or parts derived after the amount of any rebate, discount 

or cash-return has been subtracted.

(4) Any civil penalty imposed by the department hereunder shall be appealable to the pollution 

control hearing board as provided for in chapter 43.21B RCW.

State effective: 4/6/90; EPA effective: 9/25/96

173-422-160 Fleet and Diesel Owner Vehicle Testing Requirements.

The department may authorize emission inspections by fleet operators including government 

agencies and the owners of diesel motor vehicles with a gross vehicle weight rating in excess of 

8500 pounds or by an automotive service or testing facility engaged by the vehicle owner for 

such activity. Authorizations to conduct emission tests and issue certificates of compliance 

under this section are limited to authorized fleet vehicles or diesel vehicles with a gross vehicle 

weight rating in excess of 8500 pounds.

(1) All persons engaged in testing of gasoline fleet or diesel vehicles must comply with all 

applicable provisions of this chapter except as approved by the department.

(2) All persons conducting tests for the purpose of issuing certificates for fleet or diesel 

vehicles shall be ecology authorized emission specialists.

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 27
(3) Legibly completed forms will constitute certificates of compliance for licensing purposes. 

Any person conducting testing under this section shall forward to the department within ten 

working days after the end of each month, a copy of each certificate of compliance issued during 

that month. Copies of each certificate of compliance shall be retained by the person issuing the 

certificate for at least two years from date of issuance. Alternative arrangements for providing 

and or storing this information using automated data storage devices may be approved or 

required by the department.

Forms must be purchased from the department in advance of issuance through payment of twelve 

or less dollars to the department for each certificate requested. Refunds or credit may be given 

for unused certificates returned to the department.

Payment for fleet forms is waived for state and local government fleets.

Test forms provided under this section are official documents. Persons receiving the forms from 

the department are accountable for each form provided.

Voided forms must be handled the same as certificates of compliance. One copy shall be sent to 

the department within ten days after the end of the month in which the form was voided and one 

copy shall be retained by the person accountable for the forms for at least two years after date of 

voiding. Refunds will not be made for voided forms.

(4) All persons authorized to conduct fleet or government vehicle inspections under this section 

shall be subject to performance audits and compliance inspections by the department, during 

normal business hours.

(5) Fleet vehicles may be inspected any time between their scheduled license renewals.

(6) Certificates of acceptance may not be issued under this section.

State adopted: 03/31/95; EPA effective: 9/10/15

WAC 173-422-170 Exemptions.

The following motor vehicles are exempt from the inspection requirement:

(1) Vehicles proportionally registered pursuant to chapter 46.85 RCW.

(2) New motor vehicles whose equitable or legal title has never been transferred to a person who 

in good faith purchases the vehicle for purposes other than resale; this does not exempt motor 

vehicles that are or have been leased.

(3) Motor vehicles that use propulsion units powered exclusively by electricity.

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 28
(4) Motor-driven cycles as defined in chapter 46.04 RCW as amended.

(5) Farm vehicles as defined in chapter 46.04 RCW as amended.

(6) Vehicles not required to be licensed.

(7) Mopeds as defined in chapter 46.04 RCW as amended.

(8) Vehicles garaged and operated out of the emission contributing area.

(9) Vehicles registered with the state but not for highway use.

(10) Used vehicles at the time of sale by a Washington licensed motor vehicle dealer.

(11) Motor vehicles fueled by propane, compressed natural gas, or liquid petroleum gas and so 

registered by the department of licensing.

(12) Motor vehicles whose manufacturer or engine manufacturer provides information that the 

vehicle cannot meet emission standards because of its design. In lieu of exempting these 

vehicles, alternative standards and or inspection procedures may be established.

(13) Motor vehicles whose registered ownership is being transferred between parents, siblings, 

grandparents, grandchildren, spouse or present co-owners and all transfers to the legal owner or a 

public agency.

(14) Vehicles less than five years old.

(15) Vehicles more than twenty-five years old.

State effective 12/2/00; EPA effective 6/13/2005

173-422-175 Fraudulent Exemptions.

(1) Obtaining or attempting to obtain an exemption from emission inspection requirements by 

false statements, or failure to comply with the exemption procedures established to implement 

WAC 173-422-170, shall be construed as a violation of these rules implementing chapter 70.94 

RCW as supplemented by chapter 70.120 RCW.

(2) Any person who commits such violation or who aids or abets another in committing the 

same shall be subject to a civil penalty not to exceed two hundred fifty dollars for each violation.

(3) Any civil penalty imposed by the department hereunder shall be appealable to the pollution 

control board as provided for in chapter 43.21B RCW.

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 29
State effective: 1/2/84; EPA effective: 9/25/96

173-422-190 Emission Specialist Authorization.

(1) To become an authorized emission specialist an individual shall:

(a) Pass a course of study, approved by the department; and

(b) Agree in writing to meet the requirements of subsection (2) of this section and all 

requirements of law or regulation regarding the serving of motor vehicle emission control 

systems or the motor vehicle emission inspection program.

(2) To maintain certification, an authorized emission specialist shall:

(a) Successfully complete a department-approved course on emission repair within ninety 

days of being required to do so by the department unless an extension has been granted in 

writing by the department; and

(b) Sign, including the specialist identification number, all receipts and other forms 

required by the department for emission repairs or adjustments performed. These receipts 

must be prenumbered, preprinted with the business's name and address and clearly 

itemize all appropriate repairs performed by the specialist; and

(c) Record on all receipts:

(i) The vehicle’s emission readings after appropriate repairs or the diagnosis 

and/or repair of problem(s) identified by the on-board diagnostic (OBD) during an 

emission inspection; and

(ii) A vehicle description including the license number and vehicle identification 

number (VIN); and

(iii) Any missing or inoperative primary emission control components; and

(iv) Any further recommended appropriate repairs; and

(d) Not tamper with emission control systems, including adjusting an engine outside of 

the manufacturer's specifications (chapter 173-421 WAC); and

(e) Not obtain or attempt to obtain a certificate of compliance, a certificate of acceptance 

(repair waiver) or an exemption from the inspection requirements by providing false 

information or by any fraudulent means (chapter 173-422 WAC); and

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 30
(f) Not aid or abet any individual in committing a violation of chapter 173-421 or 173-

422 WAC.

(3) The certification of an authorized emission specialist may be revoked for a first violation of 

chapter 173-421 WAC or WAC 173-422-145, for a period of no more than one year, and may be 

permanently revoked for a second violation of chapter 173-421 or 173-422 WAC.

The certification of an authorized emission specialist may be temporarily revoked for violation 

of subsection (2) of this section and may be permanently revoked for continued willful violation 

of subsection (2) of this section.

An authorized emission specialist whose certification is revoked permanently or temporarily may 

appeal to the pollution control hearings board as provided for in RCW 43.21B.310.

(4) An authorized emission specialist whose certification has been temporarily revoked may 

reapply for certification twelve months after the date of revocation by applying to the department 

and meeting all requirements of subsection (1) of this section. An application for certification 

by a permanently revoked authorized emission specialist will be denied.

State effective: 7/4/02; EPA effective: 9/10/15

173-422-195 Listing of Authorized Emission Specialists.

(1) A list of authorized emission specialists will be available to the public. Specialists will be 

listed under one employer's business name when the business is approved for listing. The list 

will be updated by the department at least once every six months.

(2) The employer's business name and address will be listed by the department, when the 

employer agrees in writing to:

(a) Require the use of a properly maintained and correctly calibrated exhaust analyzer 

and a scan tool capable of communicating with the on-board diagnostic (OBD) systems 

installed on all U.S. Environmental Protection Agency certified 1996 model year and 

newer gasoline vehicles to diagnosis emission test failures and as a final check for 

emission repairs or adjustments;

(b) Have all emission repairs or adjustments performed by an authorized emission 

specialist;

(c) Require the authorized emission specialist to sign the customer's receipt for emission 

repairs or adjustments, and to record the vehicle's emission readings or which problem(s) 

identified by the on-board diagnostic (OBD) system during an emission inspection that 

have been diagnosed and/or repaired on the receipt after the work is completed;

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 31
(d) Require that all employees not aid or abet any person to tamper with emission control

systems, including adjusting a vehicle outside of the manufacturer's specifications 

(chapter 173-421 WAC); and

(e) Require that all employees not aid or abet any person to obtain a fraudulent certificate 

of compliance, certificate of acceptance or an exemption from the inspection requirement

(repair waiver) (chapter 173-422 WAC).

(f) Notify the department when an authorized emission specialist begins or ends 

employment.

(3) An employer may be removed from the authorized emission specialist list for a first violation 

of chapter 173-421 or 173- 422 WAC for a period of no more than one year and may be

permanently removed after a second violation of chapter 173-421 or 173-422 WAC.

An employer may be temporarily removed from the authorized emission specialist list when 

failing to comply with the requirements of subsection (2) of this section and may be permanently 

revoked for continued and willful violation of subsection (2) of this section.

(4) An employer who has been temporarily removed from the authorized emission specialist list 

may reapply for listing twelve months after the date of removal from the listing by applying to 

the department and meeting all requirements of subsection (2) of this section. An application 

for listing from an employer permanently removed from the authorized emission specialist list 

will be denied.

(5) An employer who is removed from an authorized emission specialist list or denied listing in 

an authorized emission specialist list may appeal to the pollution control hearings board as 

provided for in RCW 43.21B.310.

(6) (a) An employer approved for listing may display the "state authorized emission 

specialist" sign available from the department. Any employer advertising or providing 

of information to the public based on the department's certification of an authorized 

emission specialist must be discontinued immediately when the employer no longer 

meets the requirements.

(b) An employer violating (a) of this subsection shall be subject to a civil penalty not to 

exceed two hundred fifty dollars for each violation.

(c) A civil penalty imposed by the department may be appealed to the pollution control 

hearings board as provided for in RCW 43.21B.310.

State effective: 7/4/02; EPA effective: 9/10/15

WAC 173-425 OPEN BURNING

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 32
173-425-010 Purpose.

This chapter promulgated under chapter 70.94 RCW, the Washington Clean Air Act, authorizes 

the department of ecology (ecology) to implement the provisions of that act. This rule 

establishes controls for open burning in the state in order to: 

(1) Minimize the impact of emissions from open burning: 

(2) Establish rules and procedures by which open burning may be conducted; 

(3) Encourage the development and specify the use of alternate methods of disposal of 

combustible waste materials. 

State effective: 10/18/90; EPA effective: 1/15/93

173-425-020 Applicability. 

This chapter applies to open burning in all of the state, except to: 

(1) Burning of field and turf grasses grown for seed (governed by chapter 173-430 WAC).

(2) Open burning within the boundaries of any activated air pollution control authority, where 

that authority is enforcing its own controls for open burning. Those controls shall not be less 

stringent than the requirements in this chapter. 

(3) Open burning for activities subject to the permit issuing authority of the department of 

natural resources, as established in RCW 70.94.660. 

State effective: 10/18/90; EPA effective: 1/15/93

173-425-030 Definitions.

The definitions of terms contained in chapter 173-400 WAC are incorporated by reference. 

Unless a different meaning is clearly required by context, the following words and phrases as 

used in this chapter shall have the following meanings:

(1) “Agricultural open burning” means open burning conducted as part of any agricultural 

operation; including field fires over one-half acre but not including non-commercial yard and 

gardening activities connected with a residence.

(2) “Commercial open burning” means open burning conducted as part of any 

“nonagricultural” commercial or business operation, including land clearing when the land is 

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 33
cleared to change the use of the cleared land. 

(3) “Episode” means a period when a forecast, alert warning, or emergency air pollution 

stage is declared, as defined in chapter 173-435-WAC. 

(4) “Forced air pit destructor” means a unit consisting of a combustion pit and air blower 

designed to establish a curtain of high velocity air above the fire, so that the products of 

combustion are controlled by the air curtain before being emitted to the atmosphere. 

(5) "Impaired air quality" means a condition declared by ecology or an authority whenever:

(a) Meteorological conditions are conducive to an accumulation of air contamination 

concurrent with:

(i) Total suspended particulate at an ambient level of one hundred twenty-five 

micrograms per cubic meter measured on a twenty-four-hour average; or 

(ii) Particulate that is ten micron and smaller in diameter (PM10) at an ambient 

level of ninety micrograms per cubic meter measured on a twenty-four-hour 

average; or 

(iii) Carbon monoxide at an ambient level of eight parts of contaminant per 

million parts of air by volume (ppm) measured on an eight-hour average; or 

(b) Air quality reaches other limits established by ecology or an authority. 

(5) "Land clearing” means removing structures, trees, shrubbery, or other natural vegetation 

from a plot of land. 

(6) No burn area means an area designated by ecology as an area exceeding or threatening 

to exceed a state ambient air quality standard. 

(7) Open burning means the combustion of material in an open fire or in any outdoor device 

which is not approved as an incinerator. Open burning means the same as open fire or outdoor 

burning. 

(8) Small fire means a fire not more than four feet in diameter or more than three feet high. 

(9) Silvicultural operation means the growing of trees for commercial or recreational use, 

including preparing the land, planting, growing, and harvesting of trees. 

(10) Treated wood means wood of any species that has been chemically impregnated, coated, 

painted, or similarly modified. 

(11) Wood waste residue means residue of a natural character such as trees, stumps, 

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 34
shrubbery, or other natural vegetation arising from land clearing projects. 

State effective: 10/18/90; EPA effective: 1/15/93

173-425-036 Curtailment During Episodes or Impaired Air Quality.

(1) No open fire shall be ignited: 

(a) Whenever ecology has declared an air pollution episode for the geographical area 

pursuant to chapter 173-435-WAC; or 

(b) Whenever ecology or an authority has declared impaired air quality for the 

geographical area. 

(2) A person responsible for an open fire at the time an episode or impaired air quality is 

declared shall extinguish that fire. Open fires conducted under the auspices of the department of 

natural resources for the purpose of burning forest slash pursuant to RCW 70.94-660 through 

70.94.700 are to be extinguished by withholding new fuel and allowing the fire to burn down. 

(3) Smoke visible from a small fire after a time period of three hours has elapsed from the time 

of declaration of the episode or impaired air quality shall constitute prima facie evidence of 

unlawful open burning. 

(4) Smoke visible from a fire other than a small fire after a time period of ten hours has elapsed 

from the time of declaration of the episode or impaired air quality shall constitute prima facie 

evidence of unlawful open burning. 

(5) Ecology, air authorities, health departments, fire departments, or local police forces having 

jurisdiction in the area may enforce compliance with the above open burning curtailment rules. 

State effective: 10/18/90; EPA effective: 1/15/93

173-425-045 Prohibited Materials

Except as provided in WAC 173-425-055, the following materials shall not be burned in any 

open fire: 

(1) Garbage; 

(2) Dead animals;

(3) Asphaltic products;

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 35
(4) Waste petroleum products;

(5) Paints;

(6) Rubber products;

(7) Plastics;

(8) Treated Wood;

(9) Any substance, other than natural vegetation, which normally emits dense smoke or 

obnoxious odors. 

State effective: 1/3/89; EPA effective: 1/15/93

173-425-055 Exceptions.

Exceptions to this chapter shall be made only as follows: 

(1) When ordered by a duly authorized health officer and when authorized by ecology, the 

carcasses of diseased animals and other infested material may be burned, as required, to keep the 

infestation from spreading. 

(2) When ordered by a fire protection agency and when authorized by ecology, fires to dispose 

of materials presenting a danger to life, property, or public welfare may be burned, if no 

approved practical alternate method of disposal is available. 

(3) When approved by ecology or an authority, fires authorized by a fire protection agency as 

necessary for training may be burned. 

(4) When approved by ecology or an authority, fires set as part of a defined research project 

may be burned. 

(5) The following fires may be burned: 

(a) Fires set for recreational, religious ceremony, food preparation, or social purposes; 

(b) Small fires set for hand-warming purposes.

State effective: 10/18/90; EPA effective: 1/15/93

173-425-065 Residential Open Burning.

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 36
(1) The premises of a residence include the real property immediately adjacent to the residence 

which is owned by the same person who owns the residence, and which is not devoted to 

agricultural use, other than yard and gardening activities connected with the residence. 

(2) Small fires on the premises of a residence may be allowed to dispose of wood, paper, and 

natural vegetation, if; 

(a) The wood and paper cannot be recycled and no feasible method of disposal is 

available; 

(b) The burning will not violate any regulations of a local fire protection agency 

authorized to issue burning permits, or any local, county, or city ordinance or resolution; 

and 

(c) Reasonable precautions are taken to prevent particulate emissions when paper is 

being burned. 

State effective: 10/18/90; EPA effective: 1/15/93

173-425-075 Commercial Open Burning.

(1) No commercial open burning shall be conducted without authorization from ecology or the 

authority. Open burning shall be authorized only if: 

(a) The applicant shows that no approved practical alternate method of disposal is 

reasonably available; and 

(b) The applicant shows that burning, as requested, is reasonably necessary to 

successfully carry out the enterprise the applicant is engaged in; and 

(c) The burning will not violate any regulations of a local fire protection agency 

authorized to issue burning permits or any local, county, or city ordinance or resolution; 

and 

(d) For commercial land clearing projects, refer to WAC 173-425-115. 

(2) Considering population concentration and local conditions affecting air quality, ecology or 

the authority shall condition permits issued under this chapter. Permits shall be conditioned to 

minimize air pollution but are not limited to restricting the permissible hours of burning, 

restricting the size of fires, imposing requirements for good combustion practice, restricting 

burning to specified wind conditions or prohibiting all burning within areas having a general 

population density of one thousand or more persons per square mile. 

State effective: 10/18/90; EPA effective: 1/15/93

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 37
173-425-085 Agricultural Open Burning.

(1) Except as provided in subsection (2) of this section, agricultural open burning shall not be 

conducted without a permit from ecology or the authority. Permits shall be issued only if: 

(a) The applicant shows that burning, as requested, is reasonably necessary to 

successfully carry out the enterprise the applicant is engaged in; 

(b) The burning will not violate any regulations of a local fire protection agency 

authorized to issue burning permits or any local, county, or city ordinance or resolution; 

and, 

(c) The burning is necessary to control disease or insect infestation, and other measures 

are not available; or 

(d) The burning is necessary to develop physiological conditions conducive to increased 

crop yield, and other measures are not available.

In making a determination under (c) or (d) of this subsection, ecology will consult the 

county extension agent. 

(2) Agricultural open burning may be conducted without a permit if: 

(a) None of subsection (1) of this section would be violated by the burning; 

(b) The burning will not violate any regulations of a local fire protection agency 

authorized to issue burning permits or any local, county, or city ordinance or resolution; 

and 

(c) The fire covers one acre or less and the burning is done to destroy harmful weeds or 

crop residue along fence rows, ditches, or in cultivated fields. 

(3) Considering population concentration and local conditions affecting air quality, ecology or 

the authority shall condition permits issued under this chapter. Permits shall be conditioned to 

minimize air pollution. Conditions may include but are not limited to restricting the permissible 

hours of burning, restricting the size of fires, imposing requirements for good combustion 

practice, restricting burning to specified wind conditions or prohibiting all burning within areas 

having a general population density of one thousand or more persons square mile. 

State effective: 10/18/90; effective: 1/15/93

173-425-095 No Burn Area Designation.

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 38
(1) Ecology shall designate as no burn areas those geographic areas where ambient air quality 

standards for particulate matter, as set forth in WAC 173-470-100, are being exceeded or are 

threatened to be exceeded. These designations shall be based on monitoring data gathered with 

monitoring equipment meeting EPA siting criteria. 

(2) Ecology shall not designate “no burn” areas within the boundaries of any activated air 

pollution control authority, unless data exist to support that designation and the authority, after 

being notified, refused to make such a designation. 

(3) The designation of any area as a “no burn” area by ecology or an authority shall be made by 

rule-making procedure and only after public hearing. 

(4) Open burning shall not be conducted in any designated “no burn” area. 

(5) A list of any “no burn” areas will be kept on file at ecology or the authority that has 

jurisdiction over the area(s). 

State effective: 10/18/90; EPA effective: 1/15/93

173-425-100 Delegation of Agricultural Open Burning Program.

(1) When ecology finds that any county, which is outside the jurisdictional boundaries of an 

activated air pollution control authority, is capable of administering the permit program of WAC 

173-425-085 and desires to do so, ecology may delegate the administration and authority of the 

program to the county. 

(2) This delegation may be withdrawn if ecology finds that the county is not effectively 

administering and enforcing the permit program. Before withdrawing delegation, ecology shall 

give the county a chance to correct permit program deficiencies. 

State effective: 10/18/90; EPA effective: 1/15/93

173-425-115 Land Clearing Projects.

(1) To further the policies of this chapter and policies expressed in RCW 70.94.745, ecology 

has determined that alternate technology and methods exist for disposing of wood waste residue 

resulting from highway right of way land clearing projects or commercial land clearing projects 

which generate five hundred or more tons of wood waste residue (two thousand or more cubic 

yards). Further, these methods and technology are considered less harmful to the environment 

than open burning. These alternates are to be considered reasonably economical when the cost 

of disposal is nine hundred dollars or less per acre. 

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 39
(2) These alternate methods and technology are: 

(a) Chipping, with chips disposed of commercially or by on-site dispersal, haul to 

landfill, or other approved methods. 

(b) Hauling for disposal elsewhere, such as landfill, commercial use, or other approved 

methods.

(c) On-site disposal in landfill.

(d) On or off-site disposal by a waste combustion method capable of complying with 

the emission standards set forth in WAC 173-425-115(3).

(e) Combustion, using a forced air pit destructor capable of complying with the 

emission standards set forth in WAC 173-425-115(3)

(3) As a result of the determination made in WAC 173-425-115(1) for disposing of wood waste 

residue that results from highway right of way land clearing projects which generate five 

hundred or more tons of wood waste residue (two thousand or more cubic yards) or from 

commercial land clearing projects which generate five hundred or more tons of wood waste 

residue (two thousand or more cubic yards): 

(a) For on-site disposal no person shall cause or permit the emission, for more than 3 

minutes in any one hour, of an air contaminant from any disposal method covered by 

WAC 173-425-115(2)(d) and (e) which, at the emission point or within a reasonable 

distance from the emission point, exceeds twenty percent opacity, except as follows: 

(i) The emission may exceed twenty percent opacity for the first fifteen minutes 

after a startup, for not more than two startups every twenty-four hours. 

(ii) When the person responsible for the source can show that the emission over 

twenty-percent opacity will not exceed fifteen minutes in any eight consecutive 

hours after startup. 

(b) No person shall cause or permit the emission of particulate matter from any source, 

which then becomes deposited beyond the property directly controlled by the owner or 

operator of the source in sufficient quantity to interfere unreasonably with using and 

enjoying the property where the material was deposited. (WAC 173-400-040(2))

(c) No person shall cause or permit the emission of any air contaminant or water vapor 

from any source, including any air contaminant whose emission is not otherwise 

prohibited by this regulation, if the air contaminant or water vapor harms the health, 

safety, or welfare of any person or damages property or business. (WAC 173-400-

040(5)).

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 40
(4) The alternates listed in WAC 173 -425-115(2) are to be considered reasonably economical 

for the projects described in WAC 173-425-115(3) when the alternates can be provided without 

undue delay in the project without costing more than nine hundred dollars per acre. 

If the requirement to use an alternate will cause a delay of sixty days or more in completing a 

project, then the alternate will not be required. Any delay shorter than sixty days will be 

evaluated on a case-by-case basis. 

If the cost of disposing of the wood waste residue is greater than nine hundred dollars per acre, 

then the alternate will not be required. The cost of clearing and grubbing will not be considered 

as part of the cost of disposal, unless certain additional costs are required to use the alternate, 

such as the cost of building a road which would not otherwise be required. 

(5) Use of an alternate must comply with all other applicable statutes, regulations, ordinances, 

and/or resolutions of state or local government. 

(6) The requirements for owner(s) or operator(s) of the source to comply with opacity standards 

per WAC 173-425-115(3)(a) may be waived. Open burning may then be authorized by ecology 

or the authority, as appropriate, if the owner or operator of the source shows that: 

(a) A delay will result from using the alternates, causing an economic or other hardship; 

(b) Other legal requirements may be violated; 

(c) A bid cannot be obtained for disposal using an alternate described in WAC 173-425-

115, at a cost of nine hundred dollars per acre or less; or 

(d) The wood waste residue to be disposed of from the land clearing project is less than 

five hundred tons (two thousand cubic yards)

(7) Ecology or the authority may charge a fee to cover administrative costs of processing the 

waiver request. 

(8) When an alternate is to be used at any site for six or more months, the requirements of 

WAC 173-400-110 (notice of construction) shall be met. 

(9) In this chapter, land clearing projects located close to one another and burned near the same 

time, which appear to be a single project, shall be presumed to be one project. 

(10) In this chapter, normal clearing and grubbing do not include any activity or action related 

to using alternate methods and technology listed WAC 173-425-115(2). 

(11) In this chapter, one cubic yard of wood waste residue equals five hundred pounds. 

State effective: 10/18/90; EPA effective: 1/15/93

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 41
173-425-120 Department of Natural Resources Smoke Management Plan.

The department of natural resources has the responsibility for issuing and regulating burning 

permits for open fire in areas protected by the department of natural resources, when such fires 

are for: 

(1) Abating a forest fire hazard; 

(2) Preventing a fire hazard in a forested area; 

(3) Instructing public officials in methods of forest fire fighting; 

(4) Any silvicultural operation to improve the forest lands of the state. 

Fires set for these purposes must be conducted according to the provisions of the smoke 

management plan administered by the department of natural resources in agreement with ecology 

and other involved agencies. 

State effective: 10/18/90; EPA effective: 1/15/93

173-425-130 Notice of Violation.

Ecology or an authority may issue a notice of violation to the person responsible for the fire 

when: 

(1) Conditions of a permit issued under this chapter are violated; 

(2) Any open fire is ignited or, if ignited, is not extinguished, when a condition of impaired air 

quality or any air pollution episode stage has been declared; 

(3) An open fire is ignited where, under this chapter, such fires are prohibited or where a permit 

is required and no such permit has been obtained; 

(4) Prohibited materials are burned in an open fire. 

Procedures for notices of violation shall follow RCW 70.94.332.

State effective: 10/18/90; EPA effective: 1/15/93

173-425-140 Remedies.

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 42
Any violation of this chapter may be subject to any penalty or other ecology action stated in 

chapter 70.94 RCW.

State effective: 10/18/90; EPA effective: 1/15/93

WAC 173-430 BURNING OF FIELD AND FORAGE AND TURF GRASSES GROWN 

FOR SEED

173-430-010 Purpose.

(1) This chapter, promulgated under chapter 70.94 RCW, as amended, is to assume state 

jurisdiction over and to control emissions from the burning of field and forage, and turf grasses 

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

(2) Authority to enforce all provision of this regulation, including establishing permit 

conditions and issuing permits, is delegated to and shall be carried out by all activated air 

pollution control authorities or ecology for those areas not under the jurisdiction of an authority. 

(3) The purpose of this chapter is to: 

(a) Minimize adverse effects on air quality from the open burning of field and forage, 

and turf grasses grown for seed; 

(b) Provide for implementation of a research program to explore and identify 

economical and practical alternative agricultural practices to the open burning of field 

and forage, and turf grasses grown for seed; 

(c) Provide for interim regulation of such burning until practical alternatives are found. 

State effective: 10/18/90; EPA effective: 1/15/93

173-430-020 Definitions.

The definitions of terms contained in chapter 173-400 WAC are incorporated into this chapter by 

reference. Unless a different meaning is clearly required by context, the following words and 

phrases as used in this chapter, shall have the following meanings: 

(1) Field and forage grasses: Canarygrass, bromegrass, oatgrass, timothy, wheatgrass, and 

orchardgrass, planted to produce seed. 

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 43
(2) Straw: All material, other than seed, removed by swathing, combining, or cutting. 

(3) Tear-out: Any operation that destroys the existing crop and prepares the area for next 

year’s planting. 

(4) Turf grasses: All blue grasses, fescues, bentgrass, perennial ryegrass, planted to produce 

seed.

State effective: 10/18/90; EPA effective: 1/15/93

173-430-030 Permits, Conditions, and Restrictions.

(1) No open burning of field or forage grasses, on turf grasses shall be undertaken unless a 

permit has been obtained from ecology or an authority, as appropriate. The issuance, denial, or 

conditioning of permits shall be governed by consideration of air quality conditions in the area 

affected by the proposed burning, the time of year, meteorological conditions, the size and 

duration of the proposed burning activity, the amount of straw removal required, the applicant’s 

need to carry out such burning and the public’s interest in the environment. Permits will be 

conditioned to minimize air pollution interest in the environment. Permits will be conditioned 

to minimize air pollution. Until approved alternatives become available, ecology or the 

authority may limit the number of acres on a pro rata basis, among those affected for which 

permits to burn will be issued in order to control emissions. 

(2) Burning of acreage not previously under permit may be banned or subject to more 

restrictive conditions. Burning of field and forage grasses may be restricted and other measures 

may be required to minimize air pollution. 

Permits issued before 1978 will establish a permit history for the applicant. This permit will 

apply to an applicant and not to specific parcels of land and is established only for the maximum 

amount of acreage included in any permit issued before 1978. Land transferred to a spouse, son, 

or daughter, will retain a permit history as established by the original applicant. 

Any permit denial or restriction may first be applied to applicants without a permit history and to 

amounts of acreage not included in an applicant’s permit history. 

Applicants who received permits before 1978 may be given priority for burning the amount of 

acreage cited in the permit history.

(3) Open burning of field and forage grasses shall be prohibited. However, a permit using 

restrictions or conditions, may be issued to burn field and forage grasses for disease, pest, or 

weed control, if such need is certified by a county agent or other agricultural authority; or if such 

grasses were planted as part of a soil erosion control plan approved by a conservation district. 

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 44
(4) Open burning of all grasses scheduled for tear-out shall be prohibited unless a permit 

specifically allows such burning. 

(5) Practical alternative production methods and disease controls which would reduce or 

eliminate open burning shall be used when reasonably available. These methods and controls 

shall be used regardless of specific provisions of the compliance program described in this 

section. 

State effective: 10/18/90; EPA effective: 1/15/93

173-430-040 Mobile Field Burners.

Mobile field burners, and other methods of incineration not classified as open burning, shall not 

be prohibited by the restrictions in WAC 173-430-030: Provided, that emissions do not exceed 

the following standards: 

(1) Visible emissions shall not exceed an opacity of 20 percent for more than three minutes in 

any one hour; 

(2) Particulate emissions shall not exceed 0.1 grains per standard dry cubic foot of exhaust gas, 

corrected to seven percent oxygen.

State effective: 10/18/90; EPA effective: 1/15/93

173-430-050 Other Approvals.

A person applying for a permit under this chapter is still required to obtain permits, licenses, or 

approvals required by any other laws, regulations, or ordinances. 

State effective: 10/18/90; EPA effective: 1/15/93

173-430-060 Study of Alternatives.

Ecology shall conduct, cause to be conducted, or approve of a study or studies to explore and 

identify economical and practical alternative practices to open burning of field and forage, and 

turf grasses. To conduct any such study, ecology may contract with public or private entities. 

Any approved study shall provide for the identification of such alternatives as soon as possible. 

Ecology shall annually review the progress of such studies, review provisions of this regulation 

and available alternatives to open burning and determine if continuing open burning of field and 

forage, and turf grasses is justified. 

State effective: 10/18/90; EPA effective: 1/15/93

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 45
173-430-070 Fees.

(1) To support the study or studies described in WAC 173-430-060, ecology or an authority 

shall collect a fee of fifty cents per acre of crop to be burned before any permit is issued under 

WAC 173-430-030. This fee shall be submitted with individual permit applications. 

(2) When a permit is granted to burn fewer acres than requested in the permit application, 

ecology or the authority shall refund to the permit applicant the unused part of the permit fee. 

(3) No part of the permit fee will be refunded if a grower decides to burn fewer acres than the 

permit allows. 

(4) After granting any permit and making any refund required under WAC 173-430-070(2), the 

authority shall transfer the permit fee to ecology. 

(5) Ecology shall deposit all permit fees in a special grass seed burning research account in the 

general fund. 

(6) Ecology shall allocate moneys annually from this account to support approved studies 

provided for in WAC 173-430-060, up to the amount appropriated to ecology for such purpose. 

(7) When ecology concludes that enough reasonably available alternative practices to the open 

burning of field and forage, and turf grasses grown for seed have been developed, and at such 

time as all costs of any studies have been paid, the grass seed burning research account shall be 

dissolved. Any money remaining in the account shall revert to the general fund. 

State effective: 10/18/90; EPA effective: 1/15/93

173-430-080 Certification of Alternatives.

When enough information on alternative practices to open burning becomes available, ecology 

shall conduct public hearings to receive testimony from interested parties. If ecology then 

concludes that any procedure, program, technique, or device is a practical alternative to the open 

burning of field and forage and turf grasses grown for seed, ecology shall, by order, approve 

such alternative. After approval, any alternative that is reasonably available shall be used; and 

open burning of field and forage, and turf grasses grown for seed shall not be allowed. 

State effective: 10/18/90; EPA effective: 1/15/93

WAC 173-433 SOLID FUEL BURNING DEVICE STANDARDS

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 46
173-433-010 Purpose.

This chapter, promulgated under chapters 43.21A and 70.94 RCW, establishes the following 

for solid fuel burning devices:

• Emission standards;

• Certification standards and procedures;

• Fuel restrictions;

• Operation restrictions during impaired air quality burn bans; and

• Criteria for prohibiting the use of solid fuel burning devices that are not certified.

State effective: 02/23/14; EPA effective: 6/9/14

173-433-020 Applicability.

The provisions of this chapter apply to solid fuel burning devices in all areas of the state of 

Washington.

State effective: 12/16/87; EPA effective: 1/15/93

173-433-030 Definitions.

The definitions of terms contained in chapter 173-400 WAC are incorporated by reference. 

Unless a different meaning is clearly required by context, the following words and phrases as 

used in this chapter have the following meanings:

(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.

(2) "Area at risk for nonattainment" means an area where the three-year average of the annual 

ninety-eighth percentile of twenty-four hour PM-2.5 levels is greater than twenty-nine 

micrograms per cubic meter based on monitoring data for 2008-2010. Ecology processed all 

statewide data according to methods defined in 40 C.F.R. Part 50 Appendix N and determined 

that the following areas are areas at risk for nonattainment:

• Darrington;

• Marysville;

• Tacoma-Pierce County Nonattainment Area as described in 40 C.F.R. 81.348;

• Yakima.

(3) "Certified" means that a woodstove meets emission performance standards when tested 

by an accredited independent laboratory and labeled according to procedures specified by the 

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

as amended through July 1, 1990.

(4) "Coal-only heater" means an enclosed, coal burning appliance capable of and intended for 

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

following characteristics:

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 47
(a) An opening for emptying ash which is located near the bottom or the side of the 

appliance;

(b) A system which admits air primarily up and through the fuel bed;

(c) A grate or other similar device for shaking or disturbing the fuel bed or power driven 

mechanical stoker; and

(d) The model is listed by a nationally recognized safety testing laboratory for use of coal 

only, except for coal ignition purposes.

(5) "EPA" means United States Environmental Protection Agency.

(6) "Impaired air quality burn ban" means a condition where both of the following exist:

• Air quality has degraded or will soon degrade as described in WAC 173-433-140;

• Ecology or the local air authority restricts solid fuel burning device emissions to prevent air 

quality from worsening, or limit the time with poor air quality.

Ecology or the local air authority declares impaired air quality burn bans according to the 

criteria in WAC 173-433-140.

(7) "Jurisdictional health department" means a city, county, city-county, or district public 

health department.

(8) "Local air authority" means an air pollution control authority activated under chapter 

70.94 RCW that has jurisdiction over the subject source.

(9) "Nonaffected pellet stove" means that a pellet stove has an air-to-fuel ratio equal to or 

greater than 35.0 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.

(10) "Prohibit the use" or "prohibition" may include requiring disclosure of an uncertified 

device, removal of an uncertified device, or rendering an uncertified device inoperable. Except as 

provided in RCW 64.06.020, such prohibition may not include time of sale obligation on the 

seller or buyer of real estate as part of a real estate transaction.

(11) "Retailer" means any person engaged in the sale of solid fuel burning devices directly to 

the public. A contractor who sells dwellings with solid fuel burning devices installed or a mail 

order outlet which sells solid fuel burning devices directly to the public is considered to be a 

solid fuel burning device retailer.

(12) "Seasoned wood" means wood of any species that has been sufficiently dried so as to 

contain twenty percent or less moisture by weight.

(13) "Solid fuel burning device" (same as solid fuel heating device) means a device that 

burns wood, coal, or any other nongaseous or nonliquid fuels, and includes any device burning 

any solid fuel except those prohibited by WAC 173-433-120. This also includes devices used for 

aesthetic or space-heating purposes in a private residence or commercial establishment, which 

has a heat input less than one million British thermal units per hour.

(14) "Treated wood" means wood of any species that has been chemically impregnated, 

painted, or similarly modified to prevent weathering and deterioration.

(15) "Woodstove" (same as "wood heater") 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:

(a) An air-to-fuel ratio in the combustion chamber averaging less than 35.0, as determined by 

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 48
EPA Reference Method 28A;

(b) A useable firebox volume of less than twenty cubic feet;

(c) A minimum burn rate less than 5 kg/hr as determined by EPA Reference Method 28;

(d) 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: 02/23/14; EPA effective: 6/9/14

WAC 173-433-100 Emission performance standards.

(1) Woodstoves. Woodstove sales must comply with the requirements of subsection (3) of 

this section, Solid fuel burning devices.

(2) Fireplaces. A person must not advertise to sell, offer to sell, sell, bargain, exchange, or 

give away a factory built fireplace unless it meets the 1990 EPA standards for woodstoves or 

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

Subsection (3) of this section does not apply to fireplaces, including factory built fireplaces, and 

masonry fireplaces.

(3) Solid fuel burning devices. A person must not advertise to sell, offer to sell, sell, 

bargain, exchange, or give away a solid fuel burning device in Washington unless it has been 

certified and labeled in accordance with procedures and criteria specified in "40 C.F.R. 60 

Subpart AAA - Standards of Performance for Residential Wood Heaters" as amended through 

July 1, 1990, and meets the following particulate air contaminant emission standards and the test 

methodology of the EPA in effect on January 1, 1991, or an equivalent standard under any test 

methodology adopted by the EPA subsequent to such date:

(a) Two and one-half grams per hour for catalytic woodstoves; and

(b) Four and one-half grams per hour for all other solid fuel burning devices.

(c) For purposes of this subsection, "equivalent" means the emissions limits specified in this 

subsection multiplied by a statistically reliable conversion factor determined by ecology that 

relates the emission test results from the methodology established by the EPA prior to May 15, 

1991, to the test results from the methodology subsequently adopted by that agency.

State effective: 02/23/14; EPA effective: 6/9/14

WAC 173-433-110 Opacity standards.

(1) Statewide opacity standard.

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 49
(a) A person must 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 onehour period.

(b) A local air authority must not adopt or enforce an opacity level for solid fuel burning 

devices that is more stringent than the statewide standard.

(2) Test method and procedures. Methods and procedures specified by the EPA in "40 

C.F.R. 60 Appendix A reference method 9 - VISUAL DETERMINATION OF THE OPACITY 

OF EMISSIONS FROM STATIONARY SOURCES" as amended through July 1, 1990, must be 

used to determine compliance with subsection (1) of this section.

(3) Enforcement. Smoke visible from a chimney, flue or exhaust duct in excess of the 

opacity standard constitutes 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:

(a) Be enforceable on a complaint basis.

(b) Not apply during the starting of a new fire for a period not to exceed twenty minutes in 

any four-hour period.

(4) Education. Any person or retailer providing information on the operation of solid fuel 

burning devices, such as brochures, demonstrations, and public education programs, should 

include information that opacity levels of ten percent or less are attainable through proper 

operation.

State effective: 02/23/14; EPA effective: 6/9/14

WAC 173-433-120 Prohibited fuel types.

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

burning device:

(1) Garbage;

(2) Treated wood;

(3) Plastic and plastic products;

(4) Rubber products;

(5) Animal carcasses;

(6) Asphaltic products;

(7) Waste petroleum products;

(8) Paints and chemicals; or

(9) Any substance which normally emits dense smoke or obnoxious odors other than paper to 

start the fire, properly seasoned fuel wood, or coal with sulfur content less than 1.0% by 

weight burned in a coal-only heater.

State effective: 02/23/14; EPA effective: 6/9/14

WAC 173-433-130 General emission standards.

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 50
In addition to the general applicability of chapter 173-400 WAC to all emission sources;

(1) Emissions detrimental to persons or property. No person shall cause or permit the 

emission of any air contaminant from an identifiable solid fuel burning device, including any air 

contaminant whose emission is not otherwise prohibited by this chapter, if the air contaminant 

emission causes detriment to the health, safety, or welfare of a person, plant or animal, or causes 

damage to property or business.

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

fuel 

burning device which may interfere with any other property owner's use or enjoyment of his 

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

minimum.

State effective: 10/18/90; EPA effective: 1/15/93

WAC 173-433-140 Criteria for impaired air quality burn bans.

Ecology or a local air authority may call an impaired air quality burn ban as follows:

(1) Stage 1 impaired air quality burn ban:

(a) Ecology or the local air authority may call a stage 1 impaired air quality burn ban when 

they predict that the twenty-four hour average of PM-2.5 levels will reach or exceed thirty-five 

micrograms per cubic meter within forty-eight hours.

(b) Pierce, Snohomish, and Yakima counties each contain at least one area at risk for 

nonattainment. In these counties, the local air authority may call a stage 1 impaired air quality 

burn ban when they predict that the twenty-four hour average of PM-2.5 levels will reach or 

exceed thirty micrograms per cubic meter within seventy-two hours.

(2) Stage 2 impaired air quality burn ban:

(a) Ecology or the local air authority may call a stage 2 impaired air quality burn ban when 

all of the following conditions exist:

(i) A stage 1 impaired air quality burn ban is already in effect and has not reduced the trend 

of rising PM-2.5 levels adequately.

(ii) The twenty-four hour average of PM-2.5 levels have already reached or exceeded twentyfive micrograms per cubic meter.

(iii) Ecology or the local air authority expects that PM-2.5 levels will remain above twentyfive micrograms per cubic meter for twenty-four hours or more from the time PM-2.5 levels 

reached the trigger in (a)(ii) of this subsection.

(b) Ecology or the local air authority may call a stage 2 impaired air quality burn ban without 

calling a stage 1 impaired air quality burn ban when all of the following conditions exist:

(i) The twenty-four hour average of PM-2.5 levels have reached or exceeded twenty-five 

micrograms per cubic meter.

(ii) PM-2.5 levels have risen rapidly.

(iii) Ecology or the local air authority predicts that the twenty-four hour average of PM-2.5 

levels will exceed thirty-five micrograms per cubic meter within twenty-four hours.

(iv) Weather conditions alone are highly unlikely to help decrease PM-2.5 levels sufficiently.

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 51
(c) Pierce, Snohomish, and Yakima counties each contain at least one area at risk for 

nonattainment. In these counties, the local air authority may call a stage 2 impaired air quality 

burn ban without calling a stage 1 impaired air quality burn ban when all of the following 

conditions exist:

(i) The twenty-four hour average of PM-2.5 levels have reached or exceeded twenty-five 

micrograms per cubic meter.

(ii) PM-2.5 levels have risen rapidly.

(iii) The local air authority predicts that the twenty-four hour average of PM-2.5 levels will 

reach or exceed thirty micrograms per cubic meter within twenty-four hours.

(iv) Weather conditions alone are highly unlikely to help decrease PM-2.5 levels sufficiently.

(3) Ecology or the local air authority may call an impaired air quality burn ban for areas 

smaller than a county, when and where feasible.

State effective: 02/23/14; EPA effective: 6/9/14

WAC 173-433-150 Restrictions on operation of solid fuel burning devices.

(1) Stage 1 impaired air quality burn ban:

(a) Except as described in (b) of this subsection, a person must not operate any solid fuel 

burning device during a stage 1 impaired air quality burn ban when all of the following apply:

• The solid fuel burning device is located in a residence or commercial establishment within 

the geographical area covered by the stage 1 impaired air quality burn ban.

• The residence or commercial establishment has an adequate source of heat other than a 

solid fuel burning device.

(b) A person meeting all of the conditions in (a) of this subsection must not operate any solid 

fuel burning device during a stage 1 impaired air quality burn ban unless the solid fuel burning 

device is one of the following:

(i) A nonaffected pellet stove; or

(ii) A woodstove certified and labeled by the EPA under "40 C.F.R. 60 Subpart AAA -

Standards of Performance for Residential Wood Heaters" as amended through July 1, 1990; or

(iii) A woodstove meeting 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.

(c) Except as allowed by (b) of this subsection, a person already operating a solid fuel 

burning device when a stage 1 impaired air quality burn ban begins must withhold new solid fuel 

for the duration of the impaired air quality burn ban.

(2) Stage 2 impaired air quality burn ban:

(a) A person must not operate any solid fuel burning device during a stage 2 impaired air 

quality burn ban when all of the following apply:

• The solid fuel burning device is located in a residence or commercial establishment within 

the geographical area covered by the stage 2 impaired air quality burn ban.

• The residence or commercial establishment has an adequate source of heat other than a 

solid fuel burning device.

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 52
(b) A person already operating a solid fuel burning device when a stage 2 impaired air quality 

burn ban begins must withhold any new solid fuel for the duration of the stage 2 impaired air 

quality burn ban.

(3) Air pollution episodes. Ecology may declare air pollution episodes as defined in chapter 

173-435 WAC.

(a) A person must not operate any solid fuel burning device during alert, warning, or 

emergency air pollution episodes when all of the following apply:

• The solid fuel burning device is located in a residence or commercial establishment within 

the geographical area covered by the air pollution episode.

• The residence or commercial establishment has an adequate source of heat other than a 

solid fuel burning device.

(b) A person already operating a solid fuel burning device when an alert, warning, or 

emergency air pollution episode begins must withhold new solid fuel for the duration of the alert, 

warning, or emergency air pollution episode.

(4) The following matrix graphically illustrates the applicability of different types of solid 

fuel burning devices to the provisions of subsections (1) through (3) of this section:

Impaired Air Quality 

Burn Ban Episode

Type of Device First 

Stage

Second 

Stage Forecast Alert Warning Emergency

Pellet Stove 

(nonaffected) OK NO OK NO NO NO

EPA Certified 

Woodstove OK NO OK NO NO NO

DEQ Phase 2 

Woodstove OK NO OK NO NO NO

EPA Exempted 

Device NO NO OK NO NO NO

All Other Devices NO NO OK NO NO NO

NOTES: "OK" indicates that a person may operate the device

"NO" indicates that a person must withhold new fuel from the device

(5) Smoke visible from a chimney, flue or exhaust duct after three hours has elapsed from the 

declaration of the episode or impaired air quality burn ban constitutes prima facie evidence of 

unlawful operation of an applicable solid fuel burning device. A person may refute this 

presumption with a demonstration that the smoke was not caused by a solid fuel burning device.

(6) Ecology, local air authorities, health departments, fire departments, or local police forces 

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 53
having jurisdiction in the area may enforce compliance with the air pollution episode or impaired 

air quality burn ban after three hours has elapsed from the declaration of the air pollution episode 

or impaired air quality burn ban.

State effective: 02/23/14; EPA effective: 6/9/14

WAC 173-433-155 Criteria for prohibiting solid fuel burning devices that are not certified.

(1) After January 1, 2015, and after meeting the requirements in subsection (3) of this 

section, ecology or the local air authority may prohibit the use of solid fuel burning devices in a 

nonattainment area or an area with an approved PM-2.5 maintenance plan.

(2) Except as provided in subsection (3) of this section, the prohibition will prohibit the use 

of solid fuel burning devices that are not certified, even in the absence of an air quality episode 

or impaired air quality burn ban.

(3) Before prohibiting the use of solid fuel burning devices as allowed in subsections (1) and 

(2) of this section, ecology or a local air authority must:

(a) Allow exemptions from this subsection as described in RCW 70.94.477(2) and 

70.94.477(6).

(b) Seek input from any city, county, or jurisdictional health department affected by the 

proposal to prohibit the use of solid fuel burning devices.

(c) Make the following written findings:

(i) The EPA has designated the area nonattainment for PM-2.5 or has approved a PM-2.5 

maintenance plan for the area.

(ii) Emissions from solid fuel burning devices in the area are a major contributing factor for 

violating the national ambient air quality standard for PM-2.5.

(iii) The area has an adequately funded program to assist low-income households to secure an 

adequate source of heat.

(4) When both of the following are true:

• The area is in ecology's jurisdiction.

• The legislative authority of a city or county for the area formally expresses concerns with 

the written findings required in subsection (3)(c) of this section.

Ecology will publish all of the following on the agency web site:

(a) The reasons for prohibiting the use of solid fuel burning devices.

(b) The agency's responses to the concerns expressed by the city or county legislative 

authority.

(5) The responsibility for enforcement of the prohibition of the use of solid fuel burning 

devices resides solely with ecology or the local air authority.

(6) A city, county, or jurisdictional health department serving the area may agree to assist 

with enforcement activities.

(7) On or after June 7, 2012, and before January 1, 2015, ecology or the local air authority 

must provide assistance to households using solid fuel burning devices to reduce the emissions 

from those devices or change out to a lower emission device.

(8) Before the effective date of any prohibition, ecology or the local air authority must 

provide public education in the area regarding all of the following:

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 54
(a) How households can reduce their emissions through cleaner burning practices.

(b) The importance of respecting impaired air quality burn bans.

(c) Opportunities for assistance in obtaining a cleaner device.

(9) In an area where the EPA has approved a PM-10 maintenance plan, ecology or the local 

air authority may prohibit the use of solid fuel burning devices when all of the following are true:

(a) The PM-10 maintenance plan contained a prohibition on the use of solid fuel burning 

devices as a contingency measure.

(b) The area has violated the PM-10 national ambient air quality standard.

(c) The emissions from solid fuel burning devices are a major contributing factor to the 

violation of the PM-10 national ambient air quality standard.

State effective: 02/23/14; EPA effective: 6/9/14

WAC 173-434 SOLID WASTE INCINERATOR FACILITIES 

WAC 173-434-010 Purpose. 

This chapter, promulgated under chapter 70.94 RCW, establishes emissions standards, design 

requirements, and performance standards for solid waste incinerator facilities.

State effective: 10/18/90; EPA effective: 1/15/93

WAC 173-434-020 Applicability and compliance. 

(1) The provisions of this chapter shall apply statewide to all incinerator facilities that:

(a) Are constructed after January 1, 1985, which are designed to burn twelve or more tons 

per day of solid waste; or

(b) Were constructed prior to January 1, 1985, but begin to burn twelve or more tons per 

day of solid waste after January 1, 1985.

(2) This chapter subjects solid waste incinerator facilities to either a primary compliance 

scheme or an alternate compliance scheme. The requirements for the primary compliance 

scheme are contained in WAC 173-434-090, 173-434-130, 173-434-160, 173-434-170, 173-434-

190, 173-434-200, and 173-434-210. The requirements for the alternate compliance scheme are 

contained in WAC 173-434-110. The alternate compliance scheme applies to solid waste 

incinerator facilities that meet the criteria specified in WAC 173-434-110 and to solid waste 

incinerator facilities that opt in to the alternate compliance scheme pursuant to WAC 173-434-

110 (3)(b). The primary compliance scheme applies to all other solid waste incinerator facilities.

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 55
State effective: 1/22/04; EPA effective: 9/6/05

WAC 173-434-030 Definitions. 

The definitions of terms contained in chapter 173-400 WAC are incorporated by reference. 

Unless a different meaning is clearly required by context, the following words and phrases as 

used in this chapter, shall have the following meanings.

(1) "Incinerator facility" means all of the emissions unit(s), including quantifiable 

fugitive emissions, which are located in one or more contiguous or adjacent properties, and are 

under the control of the same person(s), whose activities are principal or ancillary to the 

incineration of solid waste. Ancillary activities include, but are not limited to, solid waste 

receiving, segregating and processing, solid waste derived fuel receiving and handling, fuel 

storage and mixing, heat recovery equipment, steam generating equipment, cooling towers, 

emissions control equipment, ash handling, ash storage, and combustion.

(2) "Residence time" means the minimum amount of time that a parcel of gas is subject to

a given temperature.

(3) "Solid waste" means all putrescible and nonputrescible solid and semisolid wastes, 

including but not limited to garbage, rubbish, ashes, industrial wastes, swill, demolition and 

construction wastes, abandoned vehicles or parts thereof, discarded commodities, septage from 

septic tanks, dangerous waste, refuse derived fuel, solid waste derived fuel, problem wastes, and 

all materials which are not primary products of public, private, industrial, commercial, mining, 

and agricultural operations. This definition includes, but is not limited to, all materials that fit the 

definitions of municipal solid waste in 40 CFR 60, subparts Cb, Ea, Eb, AAAA, or BBBB, as 

well as all materials that fit the definitions of commercial and industrial solid waste in 40 CFR 

60, subparts CCCC or DDDD, in effect on July 1, 2003. Notwithstanding the above, solid waste 

does not include:

(a) Creosote treated wood at facilities with an order of approval or Prevention of 

Significant Deterioration (PSD) permit issued on or after December 1, 2003, for burning such 

wood, provided that such wood has not been in or repeatedly splashed by marine or brackish 

water;

(b) At a Portland cement plant kiln;

(i) Tires; and

(ii) Waste oil that is nonhazardous as defined by WAC 173-303-515, Standards for the 

management of used oil;

(c) Wood waste; or

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 56
(d) Sludge from waste water treatment plants.

(4) "Transmissometer" means a device that measures opacity and conforms to EPA 

Performance Specification Number 1 in Title 40 Code of Federal Regulations, Part 60, Appendix 

B in effect on July 1, 2003.

State effective: 1/22/04; EPA effective: 9/6/05

WAC 173-434-090 Operation and Maintenance Plan.

As part of a condition of approval of the notice of construction, the owner or operator of the 

incinerator shall develop a plan for the operation and maintenance of all equipment and 

procedures that can cause or control air pollution. This plan must be approved by ecology or the 

authority prior to initial startup or testing. Every twenty-four months thereafter, the owner or 

operator must obtain approval of a new or updated plan to continue operation. The plan may 

include operating parameters, maintenance procedures and operation personnel training 

requirements and procedures to assure that the source will comply with all applicable rules, 

resolutions, regulations, safety practices, and ordinances.

State effective: 10/18/90; EPA effective: 1/15/93

WAC 173-434-110 Standards of performance.

(1) Notwithstanding WAC 173-400-115, the following sections of 40 CFR part 60, subpart Eb, 

in effect on July 1, 2003, are hereby incorporated by reference with the exceptions in subsection 

110(2):

(a) 40 CFR part 60, subpart Eb, subsections 60.52b (a)(3), (a)(5), (b)(2), (c)(1), and (c)(2);

(b) All the rest of 40 CFR part 60, subpart Eb.

(2) Exceptions.

(a) The 250 tons per day figures throughout 40 CFR part 60, subpart Eb shall be 12 tons per 

day;

(b) The terms "municipal solid waste," "municipal type solid waste," and "MSW" in subpart 

Eb shall include all materials that fit the definition of solid waste in this chapter;

(c) 40 CFR part 60, subpart Eb, subsection 60.50b(j) shall not be incorporated by reference 

with respect to facilities constructed, reconstructed or modified after December 1, 2003;

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 57
(d) The November 20, 1997, dates in subsection 60.52b(c) are changed to November 20, 

2005.

(3) Except for WAC 173-434-130 (4)(c), the following sections, WAC 173-434-090, 173-

434-130, 173-434-160, 173-434-170, 173-434-190 and 173-434-200 shall not apply to:

(a) An incinerator facility regulated under this section; and

(b) An incinerator facility that elects to become subject to this section in an order of approval 

or other regulatory order from the permitting agency.

(4) The effective date of this section shall be May 1, 2004.

State effective: 1/22/04; EPA effective: 9/6/05

WAC 173-434-130 Emission standards. 

In addition to the general applicability of chapters 173-400 and 173-490 WAC to all emission 

sources; no incinerator facility shall cause or permit air contaminant emissions in excess of the 

limits listed below. Specific emission standards listed in this chapter will take precedence over 

the general emission standards of chapter 173-400 WAC.

(1) Particulate.

(a) For incinerator facilities that are capable of burning two hundred fifty or more tons of 

solid waste per day, emissions from each stack shall not exceed 0.046 grams of particulate per 

dry cubic meter at standards conditions (0.020 grains/dscf) corrected to seven percent oxygen for 

an hourly average.

(b) For incinerator facilities that have a maximum capability of burning less than two 

hundred fifty tons of solid waste per day, emissions from each stack shall not exceed 0.069 

grams of particulate per dry cubic meter at standards conditions (0.030 grains/dscf) corrected to 

seven percent oxygen for an hourly average.

(2) Hydrogen chloride. The hydrogen chloride emissions from each stack shall not 

exceed fifty ppm on a volumetric dry basis corrected to seven percent oxygen for an hourly 

average, except if the owner or operator demonstrates that uncontrolled emissions of hydrogen 

chloride are reduced by at least eighty percent and a procedure acceptable to ecology or the 

authority for monitoring is developed.

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 58
(3) Sulfur dioxide. The sulfur dioxide emissions from each stack shall not exceed fifty 

ppm on a volumetric dry basis corrected to seven percent oxygen for an hourly average, except if 

the owner or operator demonstrates that the uncontrolled emissions of sulfur dioxide are reduced 

by at least eighty percent and a procedure acceptable to ecology or the authority for monitoring is 

developed.

(4) Opacity.

(a) The opacity as measured visually from any incinerator stack shall not exceed an 

average of five percent opacity for more than six consecutive minutes in any sixty minute period.

(b) The opacity as measured by a transmissometer shall not exceed an average of ten 

percent opacity for more than six consecutive minutes in any sixty minute period.

(c) The opacity as measured visually shall not exceed an average of zero percent from 

any emissions unit except incinerator stacks for more than six consecutive minutes in any sixty 

minute period.

(5) Fugitive emissions. Each operator or owner shall take reasonable precautions to 

prevent fugitive emissions which includes the paving of all normally traveled roadways within 

the plant boundary and enclosing or hooding material transfer points.

(6) Source testing. To demonstrate compliance with this chapter, refer to WAC 173-400-

105.

State effective: 1/22/04; EPA effective: 9/6/05

WAC 173-434-160 Design and operation. 

(1) Combustion.

(a) Combustion zone temperature. Whenever solid waste is being burned, the temperature 

of the final combustion zone shall not be below 982 C (1800F) fo 

nor below 871 C (1600F) for any reading.

(b) Combustion zone residence time. The minimum combustion chamber temperature 

must be maintained for at least one second (1.0 second) in a zone after the last over fire air has 

entered the combustion chamber. If over fire air is not used, the combustion chamber shall 

maintain the minimum combustion temperature or greater for at least one second with all 

combustion gases. Procedures for determining the residence time shall be a part of the new 

source review.

(c) Excess air. The combustion gases leaving the final combustion zone must contain at 

least three percent oxygen measured on a wet basis.

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 59
(d) Combustion air distribution and control. The air distribution shall be fully controllable 

where pressurized air is introduced and the air flow shall be monitored and recorded.

(2) Combustion air. To minimize odor, fugitive emissions and to maintain a negative 

pressure in the tipping area, the combustion air shall be withdrawn from the tipping area, or shall 

utilize an equivalent means of odor and fugitive emission control acceptable to ecology or the 

authority.

(3) Particulate control device temperature. The inlet temperature of the primary 

particulate control device shall not exceed 177 C (350F).

(4) Operation. At all times, the owner or operator shall, to the extent practicable, maintain 

and operate any incinerator facility, including associated air pollution control equipment, in a 

manner consistent with good air pollution control practice. This may mean that if the emissions 

limits are being exceeded, no more waste should be fed into the incinerator until the problem is 

corrected. Determination of whether acceptable operating and maintenance procedures are being 

used will be based on information available to ecology or the authority which may include, but is 

not limited to, monitoring and recording results, opacity observations, review of operating and 

maintenance procedures, and inspection of the source.

State effective: 1/22/04; EPA effective: 9/6/05

WAC 173-434-170 Monitoring and reporting.

The owners or operators of each incinerator facility shall conduct routine monitoring of 

emissions in accordance with a program that has been approved by ecology or the authority. The 

program must contain quality control and quality assurance procedures.

(1) Monitoring.

(a) The owners or operators shall install, operate, and maintain continuous monitors and 

recorders for the following:

(i) Opacity;

(ii) Combustion zone temperature;

(iii) Particulate control device temperature;

(iv) Hydrogen chloride and/or sulfur dioxide;

(v) Oxygen;

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 60
(vi) Carbon monoxide;

(vii) Combustion air distribution.

(b) The monitors for sulfur dioxide, carbon monoxide, and oxygen shall comply with 

EPA performance specifications and quality assurance and control criteria in Title 40, Code of 

Federal Regulations, Part 60, Appendix B and Appendix F respectively, in effect on July 1, 2003.

(c) The monitor for opacity shall comply with EPA performance specifications and 

quality assurance and control criteria in Title 40, Code of Federal Regulations, Part 60, Appendix 

B in effect on July 1, 2003, and EPA-340/1-86-010, Recommended Quality Assurance Procedure 

for Opacity Continuous Emission Monitoring Systems.

(2) Reporting. Results of the monitoring shall be reported within fifteen days of the end 

of each calendar month and shall include but may not be limited to data such as:

(a) The average daily maximum and the daily maximum concentration of each monitored 

pollutant and the daily amount of solid waste burned.

(b) The date, time, and magnitude of any periods during which the standards were 

exceeded, and what corrective action was or will be taken.

(c) Any period(s) of monitor down time.

(3) Testing. The owners or operators shall conduct emission tests for particulate, sulfur 

dioxide and hydrogen chloride on a regular basis. These tests may be used to determine 

acceptable operating parameters. Testing shall be at least annually for incinerator facilities 

capable of burning two hundred fifty tons or more of solid waste per day and biennially for other 

facilities.

(4) Other data. Each owner or operator shall furnish upon request by ecology or the 

authority, other data required to evaluate the incinerator's emissions or emissions control 

program.

State effective: 1/22/04; EPA effective: 9/6/05

WAC 173-434-190 Changes in operation.

(1) If a startup, shutdown, breakdown, or upset condition occurs which could result in an 

emissions violation or a violation of an ambient air quality standard, the owner or operator of the 

source shall take the following actions as applicable:

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 61
(a) For a planned condition, such as a startup or shutdown, the condition shall be reported 

to ecology or the authority not less than twenty-four hours in advance of its occurrence. For 

incinerator facilities that normally operate for less than twenty-four hours per day, this provision 

may be waived provided that daily startup and shutdown procedures are developed that are 

acceptable to ecology or the authority.

(b) For unplanned conditions, such as a breakdown or upset, the condition shall be 

reported to ecology or the authority as soon as possible, but no later than the end of the next 

business day.

(2) If, upon reviewing the available information, ecology or the authority determines 

that continued operation of any emissions unit is likely to cause a significant risk to the public, it 

may order an immediate shutdown of the emissions unit.

(3) Upon request ecology or the authority, the owner or operator of the source shall 

submit a full written report including known causes of any infraction, the corrective actions 

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

recurrence.

(4) Compliance with the requirement of WAC 173-434-100 does not relieve the owner or 

operator of the source from the responsibility to maintain continuous compliance with all the 

requirements of chapter 173-434 WAC nor from the resulting liabilities for failure to comply.

State effective: 1/22/04; EPA effective: 9/6/05

WAC 173-434-200 Emission inventory. 

The owner or operator of any solid waste incinerator shall submit an inventory of emissions that 

complies with WAC 173-400-105. The inventory shall include but may not be limited to stack 

and fugitive emissions of particulate matter, PM-10, sulfur dioxide, nitrogen oxides, carbon 

monoxide, volatile organic compounds, hydrogen chloride, and other contaminants as requested 

by ecology or the authority or as required by federal emissions reporting requirements.

State effective: 1/22/04; EPA effective: 9/6/05

WAC 173-434-210 Special studies.

Ecology or the authority may require such additional special studies relevant to process 

emissions and establish completion dates as it determines necessary. These special studies may 

include the requirement to conduct studies of dioxin emissions and control measures.

State effective: 10/18/90; EPA effective: 1/15/93

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 62
WAC 173-435 EMERGENCY EPISODE PLAN

173-435-010 Purpose.

These rules implement chapter 70.94 RCW, the Washington State Clean Air Act.

Air pollution episodes occur under meteorological conditions that reduce the effective volume of 

air into which air contaminants are introduced. When these conditions occur, there is a possible 

danger that normal operations at air contaminant sources will be detrimental to public health and 

safety. The avoidance of high contaminant concentrations reaching significant harm levels 

during an episode requires a plan which will provide for rapid short-term emission reduction. 

This chapter sets up such an episode avoidance plan.

State effective: 1/3/89; EPA effective: 1/15/93

173-435-015 Significant Harm Levels

Significant harm levels are reached when any one of the following pollutant concentrations are 

measured:

(1) Sulfur dioxide - 2,620 μg/m3 (1.0 ppm), 24-hour average.

(2) PM-10 - 600 micrograms/cubic meter, 24-hour average.

(3) Carbon monoxide - 57.5 mg/m3 (50 ppm), 8-hour average, 86.3 mg/m3 (75 ppm) 4-hour 

average, 144 mg/m3 (125 ppm) 1-hour average.

(4) Ozone - 1,200 μg/m3 (0.6 ppm) - 2-hour average.

(5) Nitrogen dioxide - 3,750 μg/m3 (2.0 ppm) 1-hour average, 938 μg/m3 (0.5 ppm) 24-hour 

average.

State effective: 1/3/89; EPA effective: 1/15/93

173-435-020 Definitions.

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

shall have the following meanings, general terms common with other chapters as defined in 

chapter 173-403 WAC, and terms specific to the emergency episode plan as defined below.

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 63
(1) "Air quality control region" means an area designated as an air quality control region by 

the federal environmental protection agency.

(2) "Episode stage" means a prescribed level of air contaminants or meteorological 

conditions where certain control actions are required to prevent ambient pollutant concentrations 

from reaching levels which could cause significant harm to the health of persons.

(3) "Emergency action center" means the headquarters for all department actions during an 

episode stage.

(4) "Hour" means a 60 minute period, beginning and ending on a clock hour.

(5) "8 hours" means any consecutive 8 hours, starting at any clock hour.

(6) "Major source" means any source which is estimated to emit at an annual rate of twentyfive tons per year or more of SO2, particulates, or carbon monoxide.

(7) "Source emission reduction plan (SERP)" means a plan developed for an individual air 

pollution source and approved by the director, which sets forth the actions to be taken at that 

source upon the declaration of various stages of an episode.

(8) “24 hours" means any consecutive 24 hours, starting at any clock hour.

State effective: 1/3/89; EPA effective: 1/15/93

173-435-030 Episode Stage Criteria.

The declaration of episode stages shall be in accordance with the following criteria:

(1) Stage: "First or forecast" - the forecast stage indicates the presence of meteorological 

conditions conducive to the accumulation of air contaminants. A forecast stage may be declared 

when an air stagnation advisory is issued by the national weather service or there is equivalent 

indication of stagnant atmospheric conditions and conditions are forecast to persist for 24 hours. 

Declaration of this stage will activate increased air quality surveillance.

(2) Stage: "Second or alert" - the alert stage is that concentration of pollutants at which 

control actions are to begin. An alert will be declared when any one of the following levels is 

reached:

(a) SO2 - 800 μg/m3 (0.3 ppm), 24-hour average.

(b) PM-10 - 350 μg/m3, 24-hour average.

(c) CO - 17 mg/m3 (15 ppm), 8-hour average.

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 64
(d) Oxidant (O3) - 400 μg/m3 (0.2 ppm) - 1-hour average.

(e) NO2 - 1130 μg/m3 (0.6 ppm) 1-hour average, 282 μg/m3 (0.15 ppm) 24-hour 

average; and meteorological conditions are such that the pollutant concentrations can be 

expected to remain at or above the alert levels for 12 or more hours or can be expected to 

recur within 24 hours unless control actions are taken.

(3) Stage: "Third or warning" - the warning stage indicates that air quality is continuing to 

degrade and that additional control actions are necessary. A warning will be declared when any 

one of the following levels is reached:

(a) SO2 - 1,600 μg/m3 (0.6 ppm), 24-hour average.

(b) PM-10 - 420 μg/m3, 24-hour average.

(c) CO - 34 mg/m3 (30 ppm), 8-hour average.

(d) Oxidant (O3) - 800 μg/m3 (0.4 ppm), 1-hour average.

(e) NO2 - 2,260 μg/m3 (1.2 ppm), 1-hour average; 565 μg/m3 (0.3 ppm), 24-hour 

average; and meteorological conditions are such that pollutant concentrations can be 

expected to remain at or above the warning levels for 12 or more hours or can be 

expected to recur within 24 hours unless control actions are taken.

(4) Stage: "Fourth or emergency" - the emergency stage indicates that air quality is 

continuing to degrade toward a level of significant harm to the health of persons and that the 

most stringent control actions are necessary. An emergency will be declared when any one of 

the following levels is reached at any monitoring site:

(a) SO2 - 2,100 μg/m3 (0.8 ppm), 24-hour average.

(b) PM-10 - 500 μg/m3, 24-hour average.

(c) CO - 46 mg/m3 (40 ppm), 8-hour average.

(d) Oxidant (O3) - 1,200 μg/m3, (0.6 ppm), 1-hour average.

(e) NO2 - 3,000 μg/m3 (1.6 ppm), 1-hour average; 750 μg/m3 (0.4 ppm), 24-hour 

average; and meteorological conditions are such that this condition can be expected to 

remain at or above emergency levels for 12 or more hours, or can be expected to recur 

within 24 hours.

(5) Stage: "Termination" - once declared, any stage reached by applying these criteria will 

remain in effect until the criteria for that level are no longer met. At that time, the next lower 

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 65
stage will be declared. When conditions improve to where the criteria are no longer met for any 

episode stage, the episode will be terminated.

State effective: 1/3/89; EPA effective: 1/15/93

173-435-040 Source Emission Reduction Plans.

(1) Any person responsible for the operation of a major source, when requested in writing by 

the director, shall prepare, in consultation with the department, a source emission reduction plan 

(SERP). This SERP shall be consistent with good industrial practice and safe operating 

procedures for reducing the emissions of air contaminants into the ambient air during periods of 

air pollution alert, warning, and emergency.

(2) SERPs shall be in writing and shall show the source of air contamination, describe the 

manner in which the reduction of air contaminant emissions will be achieved during periods of 

air pollution alert, warning, and emergency, and give the amount of reduction for each stage.

(3) During periods of air pollution alert, warning, or emergency, SERPs shall be made 

available, on the premises of sources required under this section to have them, to any person 

authorized to enforce the provisions of this episode avoidance plan.

(4) SERPs shall be submitted to the director within 30 days after receipt of a request thereof.

(5) SERPs shall be reviewed and approved by the director. If, in the opinion of the director, 

and SERP does not, in whole or in part, provide for satisfactory emission reduction during an 

episode, the director may disapprove such SERP, give the reason for disapproval, and require the 

resubmittal of same within a specified time period.

If within the time period specified, the person responsible fails to submit a SERP satisfactory to 

the director, the director may revise the SERP to cause it to meet episode avoidance objectives. 

This revised plan will then be the SERP for the source to which it applies.

(6) SERPs may be amended after submission to the director of a revised SERP. This revised 

SERP will be processed in the same manner as the originally submitted SERP.

(7) An emission reduction plan for the purpose of reducing motor vehicle emissions during 

episode stages, will be developed or approved by the department. These plans may include 

actions to be taken by other governmental units, citizens, and businesses.

State effective: 1/3/89; EPA effective: 1/15/93

173-435-050 Action Procedures.

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 66
(1) Whenever applicable criteria are met, the director may declare and terminate the forecast, 

alert, and warning stages of an episode. This declaration shall constitute an order for action in 

accordance with applicable SERPs.

(2) No open fires shall be ignited during any stage of an episode. Any person responsible for 

an open fire already ignited shall extinguish that fire when informed that an episode has been 

declared. Open fires conducted under the auspices of the department of natural resources for the 

purpose of burning forest slash pursuant to RCW 70.94.660 through 70.94.700 are to be 

extinguished by withholding new fuel and allowing the fire to burn down.

(3) Whenever applicable criteria are met, the governor may declare and terminate the 

emergency stage of an episode. This declaration shall constitute an order for action in 

accordance with applicable SERPs.

(4) Adverse air quality need not be region-wide for any episode stage to be declared. Action 

procedures may be taken for any area affected or likely to be affected by episode conditions. 

The declaration of any episode stage shall specify the area to which it applies.

(5) The broadest publicity practicable shall be given to the declaration of any episode stage. 

Such declaration shall, as soon as possible, be directly communicated to all persons responsible 

for the carrying out of SERPs within the affected area.

(6) Regardless of whether any episode stages have previously been declared, whenever the 

governor finds that emissions are causing imminent danger to public health or safety, the 

governor may declare an air pollution emergency and order the persons responsible for the 

operation of sources causing the danger, to reduce or discontinue emissions consistent with good 

operating practice, safe operating procedures, and SERPs, if any.

(7) Whenever an episode stage is declared on the basis of contaminant levels of carbon 

monoxide, oxidant, or nitrogen dioxide, the director shall take such action as may be required to 

reduce emissions from motor vehicles. These actions may include, but are not limited to, the 

rerouting or detouring of traffic. Actions to be taken by cities and businesses will be established 

and implemented according to plans developed by them and approved by the department. These 

plans must meet criteria for emission reduction established by the department.

State effective: 1/3/89; EPA effective: 1/15/93

173-435-060 Enforcement.

(1) Whenever any episode stage has been declared, the department shall establish an emergency 

action center, which shall be the headquarters for all department actions during the episode.

(2) The department shall develop an operations manual, which shall set forth a plan for the 

receipt, processing, and dissemination of information and data during an episode.

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 67
(3) Enforcement with respect to any episode shall be directed from the emergency action center 

by the director in consultation with the governor's office.

(4) Authorized personnel of the department, the department of social and health services, and 

the state police shall have the authority to enforce orders of the director or the governor, issued 

under this chapter, as directed from the emergency action center. In addition, authorized 

personnel of any local air pollution control agency or local police force shall have the authority 

to enforce such orders against sources within the area over which that agency or police force has 

jurisdiction, as directed from the emergency action center.

(5) To determine compliance with any SERP, those persons authorized to enforce orders, 

hereunder, shall have the authority to enter upon any private or public property, excepting 

nonmultiple unit private dwellings, housing two families or less. No person shall refuse entry or 

access to enforcement personnel who request entry and present appropriate credentials.

(6) Whenever it appears that action being taken in compliance with SERPs will not avert 

imminent danger to public health and safety, the governor may order the following additional 

measures:

(a) Stopping and prohibiting motor vehicle travel and traffic;

(b) Closing down or restricting the use of any business, commercial, industrial or other 

establishment or activity which contributes to the emission of contaminants to the air.

(7) Any declaration or order issued in accordance with WAC 173-435-050 shall be effective 

immediately and shall not be stayed, pending completion of review.

(8) Whenever any order has been issued hereunder, the attorney general, upon the request of the 

governor or authorized representative, or the director shall petition the superior court of the 

county in which a source is located for a temporary restraining order for the immediate reduction 

or discontinuance of emissions from that source.

State effective: 1/3/89; EPA effective: 1/15/93

173-435-070 Sampling Sites, Equipment and Methods.

(1) Data from all stations shall be considered when determining episode conditions. The 

department shall specify PM-10 monitoring stations to be operated continuously during any 

episode stage for episode management purposes. Stations from which episode declarations are 

based must be located in such a manner that the area represented by that station and the sources 

contributing to the episode condition can reasonably be determined and corrective actions taken.

(2) Sampling and analysis will be done by federal reference or federal equivalent methods; 

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 68
except the department may approve other sampling and analysis methods for PM-10 if 

reasonable site specific equivalency with the federal reference method has been demonstrated. 

This equivalency must be reestablished biennially.

State effective: 1/3/89; EPA effective: 1/15/93

Chapter 173-476 WAC AMBIENT AIR QUALITY STANDARDS

WAC 173-476-010 Purpose. 

This chapter establishes maximum acceptable levels in the ambient air for particulate 

matter, lead, sulfur dioxide, nitrogen oxides, ozone, and carbon monoxide.

State effective: 12/22/13; EPA effective: 4/3/14

WAC 173-476-020 Applicability. 

(1) The provisions of this chapter apply to all areas of the state of Washington.

(2) All federal regulations referenced in this regulation are adopted as they exist on

August 3, 2013.

State effective: 12/22/13; EPA effective: 4/3/14

WAC 173-476-030 Definitions. 

Definitions in chapter 173-400 WAC apply to this chapter. Definitions specific to this 

chapter include:

"FEM" or "Federal Equivalent Method" means an EPA designated ambient air 

quality sampling and analysis method that has been designated as an equivalent method 

according to 40 C.F.R. Part 53. It does not include a method for which an equivalent method 

designation has been canceled according to 40 C.F.R. 53.11 or 53.16.

"FRM" or "Federal Reference Method" means an EPA designated ambient air quality 

sampling and analysis method specified in an appendix to 40 C.F.R. Part 50, or a method that has 

been designated as a reference method according to 40 C.F.R. Part 53. It does not include a 

method for which a reference method designation has been canceled according to 40 C.F.R. 

53.11 or 53.16.

"mg/m3" means milligrams per cubic meter.

"Period" means any interval of the specified time.

"PM" means particulate matter.

"ppbv" means parts per billion by volume.

"ppmv" means parts per million by volume.

"μg/m3" means micrograms per cubic meter.

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 69
State effective: 12/22/13; EPA effective: 4/3/14

WAC 173-476-100 Ambient air quality standard for PM-10. 

(1) Standard for PM-10. The twenty-four-hour average concentration of PM-10 in the 

ambient air must not exceed 150 μg/m3 more than one time per year, on a three-year average.

(2) Measurement method. The levels of PM-10 in the ambient air must be measured by:

(a) A FRM based on 40 C.F.R. Part 50, Appendix J and designated according to 40 

C.F.R. Part 53; or

(b) A FEM designated according to 40 C.F.R. Part 53.

(3) Interpretation method. The interpretation method found in 40 C.F.R. Part 50, 

Appendix K must be used.

State effective: 12/22/13; EPA effective: 4/3/14

WAC 173-476-110 Ambient air quality standards for PM-2.5. 

(1)Standards for PM-2.5.

(a) The three-year average of the annual arithmetic mean concentration of PM-2.5 must 

not exceed 12.0 μg/m3.

(b) The three-year average of the ninety-eighth percentile twenty-four-hour average 

concentration of PM-2.5 must not exceed 35 μg/m3.

(2) Measurement method. The levels of PM-2.5 in the ambient air

must be measured by:

(a) A FRM based on 40 C.F.R. Part 50, Appendix L and designated

according to 40 C.F.R. Part 53; or

(b) A FEM designated according to 40 C.F.R. Part 53.

(3) Interpretation method. The interpretation method found in 40 C.F.R. Part 50, 

Appendix N must be used.

State effective: 12/22/13; EPA effective: 4/3/14

WAC 173-476-120 Ambient air quality standard for lead (Pb). 

(1)Standard for lead. The three-month rolling average concentration of lead and its 

compounds in the ambient air must not exceed 0.15 μg/m3.

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 70
(2) Measurement method. The levels of lead in the ambient air must be measured by:

(a) A FRM based on 40 C.F.R. Part 50, Appendix G and designated according to 40 

C.F.R. Part 53; or

(b) A FEM designated according to 40 C.F.R. Part 53.

(3) Interpretation method. The interpretation method found in 40 C.F.R. Part 50, 

Appendix R must be used.

State effective: 12/22/13; EPA effective: 4/3/14

WAC 173-476-130 Ambient air quality standards for sulfur oxides (sulfur dioxide). 

(1) Standard for sulfur oxides (measured as sulfur dioxide).

(a) Annual. The annual average concentration for sulfur oxides in the ambient air must 

not exceed 0.02 ppmv in a calendar year.

(b) Twenty-four-hour. The twenty-four-hour average concentration for sulfur oxides in 

the ambient air must not exceed 0.14 ppmv more than once per calendar year. The twenty-fourhour averages must be determined from successive nonoverlapping twenty-four-hour blocks 

starting at midnight each calendar day.

(c) Three-hour. The three-hour average concentration for sulfur oxides in the ambient air 

must not exceed 0.5 ppmv more than once per calendar year. The three-hour averages must be 

determined from successive nonoverlapping three-hour blocks starting at midnight each calendar 

day.

(d) One-hour. The three-year average of the annual ninety-ninth percentile of the daily 

maximum one-hour average concentrations for sulfur oxides in the ambient air must not exceed 

75 ppbv.

(2) Measurement method. The levels of sulfur oxides must be measured as sulfur 

dioxide by:

(a) A FRM based on 40 C.F.R. Part 50, Appendix A-1 or A-2; or

(b) A FEM designated according to 40 C.F.R. Part 53.

(3) Interpretation methods.

(a) The annual arithmetic mean is based on the average of hourly data. To be used in 

calculating the annual average, the hourly data must be at least seventy-five percent complete in 

each calendar quarter of the year.

(b) The interpretation method for the twenty-four-hour average found in 40 C.F.R. Part 

50.4(d) must be followed.

(c) The interpretation method for the three-hour average found in 40 C.F.R. Part 50.5(c) 

must be followed.

(d) The interpretation method for the one-hour average found in 40 C.F.R. Part 50, 

Appendix T must be followed.

(4) Rounding of values.

(a) The annual arithmetic mean and twenty-four-hour averages must be rounded to two 

decimal places. Fractional parts equal to or greater than 0.005 ppmv must be rounded up.

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 71
(b) The three-hour standard averages must be rounded to one decimal place. Fractional 

parts equal to or greater than 0.05 ppmv must be rounded up.

(5) Sunset provision. The ambient standards in WAC 173-476-130

(1)(a) and (b) are no longer applicable in a specific area one year after the effective date of the 

EPA's designation of attainment status of that area for the standard in WAC 173-476-130 (1)(d) 

and 40 C.F.R. 50.17.

State effective: 12/22/13; EPA effective: 4/3/14

WAC 173-476-140 Ambient air quality standards for nitrogen oxides (nitrogen dioxide). 

(1) Standards for nitrogen oxides (measured as nitrogen dioxide).

(a) The annual average concentration for nitrogen oxides in ambient air must not exceed 

53 ppbv (100 μg/m3) measured in the ambient air as nitrogen dioxide.

(b) The three-year average of the ninety-eighth percentile of the daily maximum one-hour 

average concentration of nitrogen oxides must not exceed 100 ppbv, as measured in the ambient 

air as nitrogen dioxide.

(2) Measurement method. The levels of nitrogen oxides must be measured as nitrogen 

dioxide by:

(a) A FRM based on 40 C.F.R. Part 50, Appendix F; or

(b) A FEM designated according to 40 C.F.R. Part 53.

(3) Interpretation method. The interpretation method found in 40 C.F.R. Part 50, 

Appendix S must be followed.

State effective: 12/22/13; EPA effective: 4/3/14

WAC 173-476-150 Ambient air quality standard for ozone. 

(1) Standard for ozone. The three-year average of the annual fourth highest daily 

maximum eight-hour average concentration of ozone in the ambient air must not exceed 0.075 

ppmv.

(2) Measurement method. The levels of ozone in the ambient air must be measured by:

(a) A FRM based on 40 C.F.R. Part 50, Appendix D and designated according to 40 

C.F.R. Part 53; or

(b) A FEM designated according to 40 C.F.R. Part 53.

(3) Interpretation method. The interpretation method found in 40 C.F.R. Part 50, 

Appendix P must be followed.

State effective: 12/22/13; EPA effective: 4/3/14

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 72
WAC 173-476-160 Ambient air quality standards for carbon monoxide.

(1) Standards for carbon monoxide.

(a) The eight-hour average concentration of carbon monoxide in the ambient air must not 

exceed 9 ppmv (10 milligrams per cubic meter) more than once per year.

(b) The one-hour average concentration of carbon monoxide in the ambient air must not 

exceed 35 ppmv (40 milligrams per cubic meter) more than once per year.

(2) Measurement method. The levels of carbon monoxide in the ambient air must be 

measured by:

(a) A FRM based on 40 C.F.R. Part 50, Appendix C and designated according to 40 

C.F.R. Part 53; or

(b) A FEM designated according to 40 C.F.R. Part 53.

(3) Interpretation method. An eight-hour average must be considered valid if at least 

seventy-five percent of the hourly averages for the eight-hour period are available. In the event 

that only six (or seven) hourly averages are available, the eight-hour average must be computed 

on the basis of the hours available using six (or seven) as the divisor.

(4) Rounding of values. When summarizing data for comparison with the standards, 

averages must be stated to one decimal place. Comparison of the data with the levels of the 

standards in ppmv must be made in terms of integers with fractional parts of 0.5 or greater 

rounding up.

State effective: 12/22/13; EPA effective: 4/3/14

WAC 173-476-170 Monitor siting criteria. 

Ambient monitors must be sited as required in 40 C.F.R. Part 58.

State effective: 12/22/13; EPA effective: 4/3/14

WAC 173-476-180 Reference conditions. 

(1) All measurements of air quality that are expressed as mass per unit volume μg/m3 

must be corrected to:

(a) A reference temperature of 25°C; and

(b) A reference pressure of 760 millimeters of mercury (1,013.2

millibars (hectopascals)).

(2) Exception for measurements of PM-2.5 and lead. Measurements of PM-2.5 and 

lead must be reported based on the actual ambient air volume measured at the actual ambient 

temperature and pressure at the monitoring site during the measurement period.

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 73
State effective: 12/22/13; EPA effective: 4/3/14

WAC 173-476-900 Table of standards.

Disclaimer: This table is provided as an overview. See complete rule for more detail.

Pollutant

Averaging 

Time Level Remarks

Measureme

nt Method

Interpretati

on Method

Particle 

Pollution

PM-10 24-hour 150 μg/m3 Not to be 

exceeded 

more than 

once per 

year 

averaged 

over 3 years

40 C.F.R. 

Part 50, 

Appendix J

40 C.F.R. 

Part 50, 

Appendix K

PM-2.5 Annual 12.0 μg/m3 Annual 

mean, 

averaged 

over 3 years

40 C.F.R. 

Part 50, 

Appendix L

40 C.F.R. 

Part 50, 

Appendix N

24-hour 35 μg/m3 98th 

percentile, 

averaged 

over 3 years

Lead Rolling 3- month 

average

0.15 μg/m3 Not to be 

exceeded

40 C.F.R. 

Part 50, 

Appendix G

40 C.F.R. 

Part 50, 

Appendix R

Sulfur Dioxide Annual 0.02 ppmv Not to be 

exceeded in 

a calendar 

year

40 C.F.R. 

Part 50, 

Appendix A 

or A-1

WAC 173- 476-130(3)

24-hour 0.14 ppmv Not to be 

exceeded 

more than 

once per 

year

3-hour 0.5 ppmv Not to be 

exceeded 

more than 

once per 

year

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 74
Pollutant

Averaging 

Time Level Remarks

Measureme

nt Method

Interpretati

on Method

1-hour 75 ppbv 99th 

percentile of 

1-hour daily 

maximum 

concentratio

ns, averaged 

over 3 years

Nitrogen Dioxide Annual 53 ppbv Annual 

Mean

40 C.F.R. 

Part 50, 

Appendix F

40 C.F.R. 

Part 50, 

Appendix S

1-hour 100 ppbv 98th 

percentile of 

1-hour daily 

maximum 

concentratio

ns, averaged 

over 3 years

Ozone 8-hour 0.075 ppmv Annual 

fourth- highest daily 

maximum 8- hr 

concentratio

n, averaged 

over 3 years

40 C.F.R. 

Part 50, 

Appendix D

40 C.F.R. 

Part 50, 

Appendix P

Carbon Monoxide 8-hour 9 ppmv Not to be 

exceeded 

more than 

once per 

year

40 C.F.R. 

Part 50, 

Appendix C

WAC 173- 476-160(3)

1-hour 35 ppmv

State effective: 12/22/13; EPA effective: 4/3/14

WAC 173-490 EMISSION STANDARDS AND CONTROLS FOR SOURCES EMITTING 

VOLATILE ORGANIC COMPOUNDS

173-490-010 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 

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 75
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 for sources emitting volatile organic compounds (VOCs) and revise such standards as 

new information and better technology are developed and become available.

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

173-490-020 Definitions. 

The definitions of terms contained in chapter 173-400 WAC are by this reference incorporated 

into this chapter. Unless a different meaning is clearly required by context, the following words 

and phrases, as used in this chapter, shall have the following meanings:

(1) "Bottom loading" means the filling of a tank through a line entering the bottom of the 

tank.

(2) "Bulk gasoline plant" means a gasoline storage and transfer facility that receives more 

than ninety percent of its annual gasoline throughput by transport tank, and reloads gasoline into 

transport tanks.

(3) "Class II hardboard paneling finish" means finishes which meet the specifications of 

Voluntary Product Standard PS-59-73 as approved by the American National Standards Institute.

(4) "Closed refinery system" means a system that will process or dispose of those VOCs 

collected from another system. The mass quantity of collected VOCs emitted to the ambient air 

from the closed refinery system shall not exceed that required for a disposal system.

(5) "Condensate" means hydrocarbon liquid separated from a gas stream which condenses due 

to changes in the temperature or pressure and remains liquid at standard conditions.

(6) "Condenser" means a device for cooling a gas stream to a temperature where specific 

VOCs become liquid and are removed.

(7) "Control system" means one or more control devices, including condensers, that are 

designed and operated to reduce the quantity of VOCs emitted to the atmosphere.

(8) "Crude oil" means a naturally occurring mixture which consists of hydrocarbons and 

sulfur, nitrogen or oxygen derivatives of hydrocarbons which is a liquid at standard conditions.

(9) "Cutback asphalt" means an asphalt that has been blended with petroleum distillates to 

reduce the viscosity for ease of handling and lower application temperature. An inverted 

emulsified asphalt shall be considered a cutback asphalt when the continuous phase of the 

emulsion is a cutback asphalt.

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 76
(10) "Disposal system" means a process or device that reduces the mass quantity of the VOC 

that would have been emitted to the ambient air by at least ninety percent prior to their actual 

emission.

(11) "Dry cleaning facility" means a facility engaged in the cleaning of fabrics in an 

essentially nonaqueous solvent by means of one or more washes in solvent, extraction of excess 

solvent by spinning, and drying by tumbling in an airstream. The facility includes, but is not 

limited to, any washer, dryer, filter and purification system(s), waste disposal system(s), holding 

tank(s), pump(s) and attendant piping and valve(s).

(12) "External floating roof" means a storage vessel cover in an open top tank consisting of 

a double deck or pontoon single deck which rests upon and is supported by the liquid being 

contained and is equipped with a closure seal or seals to close the space between the roof edge 

and tank wall.

(13) "Flexographic printing" means the application of words, designs and pictures to a 

substrate by means of a roll printing technique in which the pattern to be applied is raised above 

the printing roll and the image carrier is made of rubber or other elastomeric materials.

(14) "Gasoline" means a petroleum distillate which is a liquid at standard conditions and has 

a true vapor pressure greater than 200 mm of Hg (4 psia) at 20 C, and is used as a 

internal combustion engines.

(15) "Gasoline dispensing facility" means any site dispensing gasoline into motor vehicle fuel 

tanks from stationary storage tanks.

(16) "Gasoline loading terminal" means a gasoline transfer facility that receives more than 

ten percent of its annual gasoline throughput solely or in combination by pipeline, ship or barge, 

and loads gasoline into transport tanks.

(17) "Hardboard" means a panel manufactured primarily from interfelted lignocellulosic 

fibers which are consolidated under heat and pressure in a hot press.

(18) "Hardwood plywood" means plywood whose surface layer is a veneer of hardwood.

(19) "Lease custody transfer" means the transfer of produced crude oil or condensate, after 

processing or treating in the producing operations, from storage tanks or automatic transfer 

facilities to pipelines or any other forms of transportation.

(20) "Liquid-mounted seal" means a primary seal mounted in continuous contact with the 

liquid between the tank wall and the floating roof.

(21) "Liquid service" means equipment that processes, transfers or contains a VOC or VOCs 

in the liquid phase.

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 77
(22) "Low organic solvent coating" refers to coatings which contain less organic solvent than 

the conventional coatings used by the industry. Low organic solvent coatings include waterborne, higher solids, electrodeposition and powder coatings.

(23) "Natural finish hardwood plywood panels" means panels whose original grain pattern 

is enhanced by essentially transparent finishes frequently supplemented by fillers and toners.

(24) "Packaging rotogravure printing" means rotogravure printing upon paper, paper board, 

metal foil, plastic film, and other substrates, which are, in subsequent operations, formed into 

packaging products and labels for articles to be sold.

(25) "Petroleum liquids" means crude oil, condensate, and any finished or intermediate 

products manufactured or extracted in a petroleum refinery.

(26) "Petroleum refinery" means a facility engaged in producing gasoline, aromatics, 

kerosene, distillate fuel oils, residual fuel oils, lubricants, asphalt, or other products by distilling 

crude oils or redistilling, cracking, extracting or reforming unfinished petroleum derivatives. 

Not included are facilities re-refining used motor oils or waste chemicals, processing finished 

petroleum products, separating blended products, or air blowing asphalt.

(27) "Prime coat" means the first of two or more films of coating applied in an operation.

(28) "Printed interior panels" means panels whose grain or natural surface is obscured by 

fillers and basecoats upon which a simulated grain or decorative pattern is printed.

(29) "Proper attachment fittings" means hardware for the attachment of gasoline transfer or 

vapor collection lines that meet or exceed industrial standards or specifications and the standards 

of other agencies or institutions responsible for safety and health.

(30) "Publication rotogravure printing" means rotogravure printing upon paper which is 

subsequently formed into books, magazines, catalogues, brochures, directories, newspaper 

supplements, and other types of printed materials.

(31) "Refinery unit" means a set of components that are a part of a basic process operation, 

such as distillation, hydrotreating, cracking or reforming of hydrocarbons.

(32) "Roll printing" means the application of words, designs, and pictures to a substrate 

usually by means of a series of hard rubber or steel rolls each with only partial coverage.

(33) "Rotogravure printing" means the application of words, designs, and pictures to a 

substrate by means of a roll printing technique which involves intaglio or recessed image areas in 

the form of cells.

(34) "Single coat" means only one film of coating is applied to the metal substrate.

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 78
(35) "Submerged fill line" means a pipe, tube, fitting or other hardware for loading liquids 

into a tank with either a discharge opening flush with the tank bottom; or with a discharge 

opening below the lowest normal operating drawoff level or that level determined by a liquid 

depth two and one half times the fill line diameter when measured in the main portion of the 

tank, but not in sumps or similar protrusions.

(36) "Submerged loading" means the filling of a tank with a submerged fill line descending 

nearly to the bottom.

(37) "Suitable closure or cover" means a door, hatch, cover, lid, pipe cap, pipe blind, valve or 

similar device that prevents the accidental spilling or emitting of VOC. Pressure relief valves, 

aspirator vents or other devices specifically required for safety and fire protection are not 

included.

(38) "Thin particle board" means a manufactured board one-quarter inch or less in thickness 

made of individual wood particles which have been coated with a binder and formed into flat 

sheets by pressure.

(39) "Tileboard" means paneling that has a colored waterproof surface coating.

(40) "Topcoat" means the final film or series of films of coating applied in a two-coat (or 

more) operation.

(41) "Transport tank" means a container used for shipping gasoline on land.

(42) "True vapor pressure" means the equilibrium partial pressure of a petroleum liquid as 

determined with methods described in American Petroleum Institute Bulletin 2517, 1980.

(43) "Unit turnaround" means the procedure of shutting down, repairing, inspecting, and 

restarting a unit.

(44) "Valves not externally regulated" means valves that have no external controls, such as 

in-line check valves.

(45) "Vapor collection system" means a closed system to conduct vapors displaced from a 

tank being filled into the tank being emptied, a vapor holding tank, or a vapor control system.

(46) "Vapor control system" means a system designed and operated to reduce or limit the 

emission of VOCs, or to recover the VOCs to prevent their emission into the ambient air.

(47) "Vapor-mounted seal" means a primary seal mounted so there is an annular vapor space 

underneath the seal. The annular vapor space is bounded by the bottom of the primary seal, the 

tank wall, the liquid surface, and the floating roof.

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 79
(48) "Volatile organic compound (VOC)" means any organic compound which participates 

in atmospheric photochemical reactions; that is, any organic compound other than those which 

the administrator designates as having negligible photochemical reactivity. VOC may be 

measured by a reference method, an equivalent method, an alternative method or by procedures 

specified under 40 CFR Part 60. A reference method, an equivalent method, or an alternative 

method, however, may also measure nonreactive organic compounds. In such cases, an owner 

or operator may exclude the nonreactive organic compounds when determining compliance with 

a standard.

(49) "Waxy, heavy pour crude oil" means a crude oil with a pour point of 50 F or higher as 

determined by the American Society for Testing and Materials Standard D97-66, "Test for Pour 

Point of Petroleum Oils."

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

173-490-025 General Applicability.

In addition to the general applicability of chapter 173-400 WAC to all emission sources, specific 

emission standards listed in this chapter will take precedence over the general emission standards 

of chapter 173-400 WAC.

(1) This chapter shall apply to the specified emission sources of VOCs located in or operating 

within designated ozone nonattainment areas of the state of Washington.

(2) This chapter does not apply to those sources under the jurisdiction of the energy facility site 

evaluation council (EFSEC).

(3) A source of VOC emissions not belonging to any of the categories listed in WAC 173-490-

030 nor specifically identified in any section, but which is located on the same or adjacent 

property and owned or operated by the same person as a regulated emission source, shall not be 

required to comply with the regulations of this chapter.

(4) Sources of VOC emissions may be exempted, by the director, from any or all requirements 

to control or reduce the emissions of VOCs when:

(a) The source is a development operation and the equipment is used exclusively for 

research, laboratory analysis or determination of product quality and commercial 

acceptance, provided emissions of VOCs from such operations do not exceed 300 kg 

(660 lbs) per month; or

(b) The source has emissions of VOCs which do not exceed 18 kg (40 lbs) per month 

and registration is not required under WAC 173-490-030; or

(c) The source is a spray booth which is used solely for maintenance and utility 

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 80
activities and whose emissions do not exceed 18 kg (40 lbs) per month.

(5) Sources of VOCs may be granted exemptions from emissions standards for a period not to 

exceed thirty days if the source is a newly permitted source which is to replace a similar 

permitted source and the new source is intended to utilize the existing emission control system. 

This provision is intended to apply to a break-in period prior to the shutdown and removal of the 

existing source.

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

173-490-030 Registration and Reporting.

(1) The owner or operator of a stationary emission source of VOCs in the following source 

categories and located in a designated ozone nonattainment area shall register the source with 

ecology unless registration is required by an authority or the energy facility site evaluation 

council (EFSEC).

(a) Petroleum refineries.

(b) Petroleum liquid storage tanks.

(c) Gasoline loading terminals.

(d) Bulk gasoline plants.

(e) Gasoline dispensing facilities.

(f) Surface coaters.

(g) Open top vapor degreasers.

(h) Conveyorized degreasers.

(i) Gasoline transport tanks.

(j) Vapor collection systems.

(k) Perchloroethylene dry cleaning systems.

(l) Graphic arts systems.

(m) Surface coaters of miscellaneous metal parts and products.

(n) Synthesized pharmaceutical manufacturing facilities.

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 81
(o) Flatwood panel manufacturers and surface finishing facilities.

(2) A new emission source of VOCs that must comply with any requirements in WAC 173-

490-040, 173-490-200, 173-490-201, 173-490-202, 173-490-203, 173-490-204, 173-490-205, 

173-490-206 and 173-490-207, shall comply with the requirements of WAC 173-400-100 and 

shall register with ecology or an authority prior to operation of the new source, and shall submit 

sufficient information to demonstrate that the new source is capable of complying with the 

requirements in this chapter. An opportunity shall be provided for an inspection of the new 

source by ecology or local authority inspectors prior to its operation.

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

173-490-040 Requirements.

To demonstrate compliance with this chapter, refer to WAC 173-400-105.

(1) Petroleum refineries.

This chapter shall apply to all petroleum refineries with a crude oil or feed stock capacity greater 

than one million four hundred thirty thousand liters (9,000 bbl) per day

(a) Vacuum producing system.

(i) Noncondensable VOC from vacuum producing systems shall be piped to an 

appropriate firebox, incinerator or to a closed refinery system.

(ii) Hot wells associated with contact condensers shall be tightly covered and the 

collected VOC introduced into a closed refinery system.

(b) Wastewater separator.

(i) Wastewater separator forebays shall incorporate a floating pontoon or fixed 

solid cover with all openings sealed, totally enclosing the compartmented liquid 

contents, or a floating pontoon or a double deck-type cover equipped with closure 

seals between the cover edge and compartment wall.

(ii) Accesses for gauging and sampling shall be designed to minimize VOC 

emissions during actual use. All access points shall be closed with suitable 

covers when not in use.

(c) Process unit turnaround.

(i) The VOC contained in a process unit to be depressurized for turnaround shall 

be introduced to a closed refinery system, combusted by a flare, or vented to a 

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 82
disposal system.

(ii) The pressure in a process unit following depressurization for turnaround 

shall be less than five psig before venting to the ambient air.

(iii) Venting or depressurization to the ambient air of a process unit for 

turnaround at a pressure greater than five psig shall be allowed if the owner 

demonstrates the actual emission of VOC to the ambient air is less than permitted 

by WAC 173-490-040 (1)(c)(ii).

(d) Maintenance and operation of emission control equipment. Equipment for the 

reduction, collection or disposal of VOC shall be maintained and operated in a manner 

consistent with the level of maintenance and housekeeping of the overall plant.

(2) Petroleum liquid storage tanks.

(a) All fixed-roof tanks (except as noted in subparagraph (d) of this subsection) storing 

volatile organic petroleum liquids with a true vapor pressure as stored greater than 78 mm 

of Hg (1.5 psi) at actual monthly average storage temperatures and having a capacity 

greater than one hundred fifty thousand liters (40,000 gallons) shall comply with one of 

the following:

(i) Meet the equipment specifications and maintenance requirements of the 

federal standards of performance for new stationary sources - Storage Vessels for 

Petroleum Liquids (40 CFR 60, subpart K); or

(ii) Be retrofitted with a floating roof or internal floating cover using a metallic 

seal or a nonmetallic resilient seal at least meeting the equipment specifications of 

the federal standards referred to in WAC 173-490-040 (2)(a)(i) or its equivalent; 

or

(iii) Be fitted with a floating roof or internal floating cover meeting the 

manufacturer's specifications in effect when installed.

(b) All seals used in WAC 173-490-040 (2)(a)(ii) and (iii) are to be maintained in good 

operating condition and the seal fabric shall contain no visible holes, tears or other 

openings.

(c) All openings not related to safety are to be sealed with suitable closures.

(d) Tanks used for the storage of gasoline in bulk gasoline plants and equipped with 

vapor balance systems as required in WAC 173-490-040 (4)(b) shall be exempt from the 

requirements of WAC 173-490-040(2).

(3) Gasoline loading terminals.

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 83
(a) This chapter shall apply to all gasoline loading terminals with an average annual 

daily gasoline throughput greater than seventy-five thousand liters (20,000 gallons).

(b) Loading facilities. Facilities for the purpose of loading gasoline into any transport 

tank shall be equipped with a vapor recovery system (VRS) as described in WAC 173-

490-040 (3)(c) and comply with the following conditions:

(i) The loading facility shall employ submerged or bottom loading for all 

transport tanks.

(ii) The VRS shall be connected to the transport tank being loaded and shall 

operate during the entire loading of every transport tank loaded at the facility.

(iii) The loading of all transport tanks shall be performed such that ninety 

percent by weight of the gasoline vapors displaced during filling are prevented 

from being released to the ambient air. Emissions from pressure relief valves 

shall not be included in the controlled emissions when the back pressure in the 

VRS collection lines is lower than the relief pressure setting of the transport tank's 

relief valves.

(iv) All loading lines and vapor lines shall be equipped to close automatically 

upon disconnect. The point of closure shall be on the tank side of any hose or 

intermediate connecting line.

(c) Vapor recovery system (VRS). The VRS shall be designed and built according to 

accepted industrial practices and meet the following conditions:

(i) The VRS shall prevent at least ninety percent by weight of the gasoline 

vapors displaced during loading of each transport tank from entering the ambient 

air and in no case shall the gasoline vapors emitted to the ambient air exceed 

eighty milligrams per liter of gasoline loaded.

(ii) The VRS shall be equipped with a signal device to alert personnel when the 

system is not operating or unintentionally shuts down.

(iii) The back pressure in the VRS collection lines shall not exceed the transport 

tank's pressure relief settings.

(d) Alternative loading facility. The loading of transport tanks by other means and 

using other vapor control systems shall require the facility owner to demonstrate that the 

emission of gasoline vapors to the ambient air is less than eighty milligrams per liter of 

gasoline loaded.

(4) Bulk gasoline plants.

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 84
(a) This chapter shall apply to all bulk gasoline plants with an annual average daily 

gasoline throughput greater than fifteen thousand liters (4,000 gallons).

(b) Storage tanks. All storage tanks with a capacity greater than two thousand one 

hundred liters (550 gallons) and used for the storage of gasoline shall comply with the 

following conditions:

(i) Each storage tank shall be equipped with a submerged fill line.

(ii) Each storage tank shall be equipped for vapor balancing of gasoline vapors 

with transport tanks during gasoline transfer operations.

(iii) The vapor line fittings on the storage tank side of break points with the 

transport tank vapor connection pipe or hose shall be equipped to close 

automatically upon planned or unintentional disconnect.

(iv) The pressure relief valves on storage tanks shall be set at the highest 

possible pressure consistent with local and state codes for fire and safety.

(c) Transport tanks. All transport tanks, except those meeting the conditions in WAC 

173-490-040 (4)(d), transferring gasoline with storage tanks in a bulk gasoline plant shall 

comply with the following conditions:

(i) The transport tank shall be equipped with the proper attachment fittings to 

make vapor tight connections for vapor balancing with storage tanks.

(ii) The vapor line fittings on the transport tank side of break points with the 

storage tank connection pipe or hose shall be equipped to close automatically 

upon planned or unintentional disconnect.

(iii) The pressure relief valves on transport tanks shall be set at the highest 

possible pressure consistent with local and state codes for fire and safety.

(d) Transport tanks used for gasoline and meeting all of the following conditions shall 

be exempt from the requirement to be equipped with any attachment fitting for vapor 

balance lines:

(i) The transport tank is used exclusively for the delivery of gasoline into storage 

tanks of a facility exempt from the vapor balance requirements of WAC 173-490-

040(5); and

(ii) The transport tank has a total capacity less than fifteen thousand liters (4,000 

gallons) and is of a compartmented design and construction requiring the 

installation of four or more separate vapor balance fittings.

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 85
(e) Gasoline transfer operations. No owner or operator of a bulk gasoline plant or 

transport tank shall allow the transfer of gasoline between a transport tank and a storage 

tank except under the following conditions:

(i) All tanks shall be submerged filled or bottom loaded.

(ii) The loading of all tanks, except those exempted under WAC 173-490-040 

(4)(d) shall be performed such that ninety percent by weight of the gasoline 

vapors displaced during filling are prevented from being released into the ambient 

air. Emissions from pressure relief valves shall not be included in the controlled 

emissions.

(f) Equipment or system failures. Failures or leaks in the vapor balance system shall be 

limited by the following conditions:

(i) During the months of April, May, June, July, August, September and 

October, failures of the vapor balance system to comply with this chapter shall 

require that gasoline transfer operations stop for the failed part of the system. 

Other transfer points that can operate in compliance may be used.

(ii) Loading or unloading of the transport tank connected to the failed part of the 

vapor balance system may be completed.

(iii) Breakdowns and upset conditions during all months of the year shall also 

comply with the provisions of WAC 173-400-105(5).

(g) The owner or operator of a bulk gasoline plant or transport tank shall take all 

reasonable necessary measures to prevent the spilling, discarding in sewers, storing in 

open containers or handling of gasoline in a manner on the plant site that will result in 

evaporation to the ambient air.

(5) Gasoline dispensing facilities (Stage I).

(a) This chapter shall apply to all gasoline dispensing facilities with a total annual 

gasoline output greater than seven hundred fifty-seven thousand liters (200,000 gallons) 

or sixty-three thousand one hundred liters (16,670 gallons) per month and total gasoline 

storage capacity greater than thirty-eight thousand liters (10,000 gallons).

(b) All gasoline storage tanks of the facilities defined in WAC 173-490-040 (5)(a) shall 

be equipped with submerged or bottom fill lines and fittings for vapor balancing gasoline 

vapors with the delivery transport tank.

(c) Gasoline storage tanks with offset fill lines shall be exempt from the requirement of 

WAC 173-490-040 (5)(b) if installed prior to January 1, 1979.

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 86
(d) The vapor balance system (for the purpose of measuring compliance with the 

emission control efficiency) shall consist of the transport tank, gasoline vapor transfer 

lines, storage tank and all tank vents. The vapor balance system shall prevent at least 

ninety percent of the displaced gasoline vapors from entering the ambient air. A vapor 

balance system that is designed, built and operated according to accepted industrial 

practices will satisfy this requirement.

(e) The owner or operator of a gasoline dispensing facility shall not permit the loading 

of gasoline into a storage tank equipped with vapor balance fittings unless the vapor 

balance system is attached to the transport tank and operated satisfactorily.

(6) Surface coaters.

The operation of a coater and dryer, that may serve one or more process lines, shall comply with 

the following emission limits if the potential uncontrolled emissions of VOC from the coater, 

flash off areas, and dryer would be greater than 18 kg (40 pounds) in any given twenty-four hour 

period. The emission limits and uncontrolled emission quantity shall include the additional 

quantity of emissions from the dryer during the twelve hour period after application of the 

coating.

Process Can Coating Limitation Grams/Liter of Coating 

(Excluding Water) 

lb/Gal. of Coating 

(Excluding Water) 

Sheet basecoat and overvarnish: 

2-piece can exterior

340 2.8

Two and three piece can interior 

body spray, two piece can 

exterior end 

510 4.2

Side-seam spray 660 5.5

End sealing compound 440 3.7

Coil Coating 310 2.6

Fabric Coating 350 2.9

Vinyl Coating 450 3.8

Paper Coating 350 2.9

Auto and light duty truck coating

Prime 230 1.9

Topcoat 340 2.8

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 87
Repair 580 4.8

Metal Furniture Coating 360 3.0

Magnet Wire Coating 200 1.7

Large Appliance Coating 340 2.8

(7) Open top vapor degreasers.

(a) All open top vapor degreasers shall:

(i) Have a cover that may be readily opened and closed. When a degreaser is 

equipped with a lip exhaust, the cover shall be located below the lip exhaust. 

When a degreaser has a freeboard ratio equal to or greater than 0.75 and the 

opening is greater than one square meter (10 square feet) the cover shall be power 

operated.

(ii) Have one of the following:

(A) A freeboard ratio equal to or greater than 0.75; or

(B) A freeboard chiller; or

(C) A closed design such that the cover opens only when the part enters 

or exits the degreaser.

(iii) Be equipped with at least the following three safety switches:

(A) Condenser-flow switch and thermostat (shuts off sump heat if 

coolant is either not circulating or too warm); and

(B) Spray safety switch (shuts off spray pump if the vapor level drops

excessively; and

(C) Vapor level control thermostat (shuts off sump heat when vapor 

level rises too high).

(iv) Post a permanent and conspicuous pictograph or instructions clearly 

explaining the following work practices:

(A) Do not degrease porous or absorbent materials such as cloth, leather, 

wood or rope.

(B) The cover of the degreaser should be closed at all times except when 

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 88
processing workloads.

(C) When the cover is open the lip of the degreaser should not be 

exposed to steady drafts greater than 15.3 meters per minute (50 feet per 

minute).

(D) Rack parts so as to facilitate solvent drainage from the parts.

(E) Workloads should not occupy more than one-half of the vapor-air 

interface area.

(F) When using a powered hoist, the vertical speed of parts in and out of 

the vapor zone should be less than 3.35 meters per minute (11 feet per 

minute).

(G) Degrease the workload in the vapor zone until condensation ceases.

(H) Spraying operations should be done within the vapor layer.

(I) Hold parts in the degreaser until visually dry.

(J) When equipped with a lip exhaust, the fan should be turned off when 

the cover is closed.

(K) The condenser water shall be turned on before the sump heater when 

starting up a cold vapor degreaser. The sump heater shall be turned off 

and the solvent vapor layer allowed to collapse before closing the 

condenser water when shutting down a hot vapor degreaser.

(L) Water shall not be visible in the solvent stream from the water 

separator.

(b) A routine inspection and maintenance program shall be implemented for the purpose 

of preventing and correcting solvent losses. For example, leaks from drain taps, cracked 

gaskets, and malfunctioning equipment must be repaired immediately.

(c) Sump drainage and transfer of hot or warm solvent shall be carried out using 

threaded or other leakproof couplings.

(d) Still and sump bottoms shall be kept in closed containers.

(e) Waste solvent shall be stored in covered containers and returned to the supplier or to 

a firm which processes solvents for disposal.

(8) Conveyorized degreasers.

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 89
(a) The owner or operator of conveyorized cold cleaners and conveyorized vapor 

degreasers shall comply with the following operating requirements:

(i) Exhaust ventilation shall not exceed twenty cubic meters per minute per 

square meter (65 cfm per ft.2

) of degreaser opening, unless necessary to meet 

OSHA requirements.

(ii) Post in the immediate work area a permanent and conspicuous pictograph or 

instructions clearly explaining the following work practices:

(A) Rack parts for best drainage.

(B) Maintain vertical speed of conveyed parts to less than 3.35 meters 

per minute (11 feet per minute).

(C) The condenser water shall be turned on before the sump heater when 

starting up a cold vapor degreaser. The sump heater shall be turned off 

and the solvent vapor layer allowed to collapse before closing the 

condenser water when shutting down a hot vapor degreaser.

(D) Water shall not be visible in the solvent stream from the water 

separator.

(iii) Vapor degreasers shall be equipped with at least the following three safety 

switches:

(A) Condenser flow switch and thermostat (shuts off sump heat if 

coolant is either not circulating or too warm); and

(B) Spray safety switch (shuts off spray pump if the vapor level drops 

excessively); and

(C) Vapor level control thermostat (shuts off sump heat when vapor 

level rises too high).

(b) A routine inspection and maintenance program shall be implemented for the purpose 

of preventing and correcting solvent losses. For example, leaks from drain taps, cracked 

gaskets, and malfunctioning equipment must be repaired immediately.

(c) Sump drainage and transfer of hot or warm solvent shall be carried out using 

threaded or other leakproof couplings.

(d) Still and sump bottoms shall be kept in closed containers.

(e) Waste solvent shall be stored in covered containers and returned to the supplier or to 

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 90
a firm which processes solvents for disposal.

(f) All conveyorized cold cleaners and conveyorized vapor degreasers with air/vapor 

interfaces of 2.0 m2 or greater shall have a carbon adsorption system, exhausting less than 

25 ppm of solvent averaged over a complete adsorption cycle (based on exhaust 

ventilation of 15 m3 per min per m2 of air/vapor area, when downtime covers are open), 

or a system with control effectiveness equal to or better than a carbon adsorption system.

(9) Cutback asphalt paving.

(a) All paving applications of cutback asphalts are prohibited during the months of 

April, May, June, July, August, September and October, except as provided for in WAC 

173-490-040 (9)(b).

(b) The following paving uses and applications of cutback asphalts are permitted during 

all months of the year.

(i) As a penetrating prime coat on aggregate bases prior to paving.

(ii) The manufacture of patching mixes used exclusively for pavement 

maintenance and needed to be stockpiled for times longer than one month.

(iii) All paving uses when the temperature during application is below 10 C 

(50 F). Any pers 

ambient air temperature at 8 a.m. (PST) is below 50 F. The pavin 

of cutback asphalt when the ambient air temperature is 50 F or higher is in 

violation of this chapter.

(10) Cold cleaners.

(a) The owners or operators of all cold cleaners shall comply with the following 

equipment specifications:

(i) Be equipped with a cover that is readily opened and closed.

(ii) Be equipped with a drain rack that returns the drained solvent to the solvent 

bath.

(iii) Have a freeboard ratio of at least 0.5.

(iv) Have a visible fill line.

(b) An owner or operator of a cold cleaner shall be responsible for following the 

required operating parameters and work practices. The owner shall post and maintain in 

the work area of each cold cleaner a pictograph or instructions clearly explaining the 

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 91
following work practices:

(i) The solvent level shall not be above the fill line.

(ii) The spraying of parts to be cleaned shall be performed only within the 

confines of the cold cleaner.

(iii) The cover of the cold cleaner shall be closed when not in use or when parts 

are being soaked or cleaned by solvent agitation.

(iv) Solvent-cleaned parts shall be rotated to drain cavities or blind holes and 

then set to drain until dripping has stopped.

(v) Waste solvent shall be stored in covered containers and returned to the 

supplier or to a firm which processes solvents for disposal.

(c) The owner or operator shall maintain cold cleaners in good working condition and 

free of solvent leaks.

(d) If the solvent has a vapor pressure greater than 2.0 kPa (0.3 psi) measured at 38 C 

(100 ust be designed so that it F), or if the solvent is agitated or heate 

can be easily operated with one hand.

(e) If the solvent has a vapor pressure greater than 4.3 kPa (0.6 psi) measured at 38 C 

(100 F), then the dr 

cover while draining. The drainage facility may be external for applications where an 

internal type cannot fit into the cleaning system.

(f) If the solvent has a vapor pressure greater than 4.3 kPa (0.6 psi) measured at 38 C 

(100 bove 50 F), or if the solvent is heated a C (120F), on 

vapor control systems must be used:

(i) The freeboard ratio must be equal to or greater than 0.70; or

(ii) Water must be kept over the solvent. The solvent must be more dense and 

insoluble in water.

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

173-490-080 Exceptions and Alternative Methods.

(1) Other emission reduction methods may be used if the source operator demonstrates to 

ecology that they are at least as effective as the required methods; and

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 92
(2) The operation of a natural gas-fired incinerator and associated capture system installed for the 

purpose of complying with this chapter shall be required only during the months of April, May, 

June, July, August, September and October, unless the operation of such devices is required for 

purposes of occupational health or safety, or for the control of toxic substances, malodors, or 

other regulated pollutants.

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

173-490-090 New Source Review (NSR).

The provisions of WAC 173-400-110 shall apply to all new sources and emissions units to which 

this chapter is applicable. 

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

173-490-200 Petroleum Refinery Equipment Leaks.

(1) Specific applicability. This section shall apply to all petroleum refineries as qualified in 

WAC 173-490-025.

(2) Provisions for specific processes.

(a) The owner(s) or operator(s) of a petroleum refinery shall:

(i) Develop and conduct a monitoring program consistent with the provisions in 

WAC 173-490-200(3), 173-490-200(4), 173-490-200(5), and 173-400-105;

(ii) Record all leaking components which have a VOC concentration greater 

than 10,000 ppm when tested according to the provisions in WAC 173-490-

200(3) and place an identification tag on each component consistent with the 

provisions of WAC 173-490-200 (4)(c);

(iii) Correct and retest the leaking component, as defined in WAC 173-490-200 

(2)(a)(ii), as soon as practicable, but not later than fifteen days after the leak is 

recorded. If a leak continues after all reasonable corrective actions have been 

taken, then the component shall be repaired or replaced on the next scheduled 

turnaround.

(iv) Identify all leaking components, as defined in WAC 173-490-200 (2)(a)(ii), 

that cannot be corrected until the refinery unit is shut down for turnaround.

(b) The owner or operator of a petroleum refinery shall not install or operate a valve at 

the end of a pipe or line containing VOC unless the pipe or line is sealed with a second 

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 93
suitable closure. Exceptions to this requirement are the ends of a pipe or line connected 

to pressure relief valves, aspirator vents or other devices specifically required to be open 

for safety protection. The sealing device may be removed only when a sample is being 

taken or during maintenance operations.

(3) Testing procedures. To demonstrate compliance with this chapter, refer to WAC 173-400-

105(5).

(4) Monitoring.

(a) The owner or operator of a petroleum refinery shall conduct a monitoring program 

consistent with the following provisions:

(i) Monitor yearly by the methods referenced in WAC 173-490-200(3) all pump 

seals, pipeline valves in liquid service and process drains;

(ii) Monitor quarterly by the methods referenced in WAC 173-490-200(3) all 

compressor seals, pipeline valves in gaseous service and pressure relief valves in 

gaseous service;

(iii) Monitor weekly by visual methods all pump seals;

(iv) Monitor immediately any pump seal from which liquids are observed 

leaking;

(v) Monitor any relief valve within twenty-four hours after it has vented to the 

atmosphere; and

(vi) After a leaking component is repaired, monitor for leaks prior to return to 

service.

(b) Pressure relief devices that are connected to an operating flare header, vapor recovery 

device, inaccessible valves, storage tank valves, and valves that are not externally regulated are 

exempt from the monitoring requirements in WAC 173-490-200 (4)(a).

(c) The owner or operator of a petroleum refinery, upon the detection of a leaking component, 

as defined in WAC 173-490-200 (2)(a)(ii), shall affix a weatherproof and readily visible tag, 

bearing an identification number and the date the leak is located, to the leaking component. 

This tag shall remain in place until the leak is corrected.

(5) Recordkeeping.

(a) The owner or operator of a petroleum refinery shall maintain a leaking component's 

monitoring log as specified in WAC 173-490-200 (2)(a)(ii) that shall contain, at a 

minimum, the following data:

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 94
(i) The name of the process unit where the component is located.

(ii) The type of component (e.g., valve, seal).

(iii) The tag number of the component.

(iv) The date on which a leaking component is discovered.

(v) The date on which a leaking component is repaired.

(vi) The date and instrument reading of the recheck procedure after a leaking 

component is repaired.

(vii) A record of the calibration of the monitoring instrument.

(viii) Those leaks that cannot be repaired until turnaround.

(ix) The total number of components checked and the total number of 

components found leaking.

(b) Copies of the monitoring log shall be retained by the owner or operator for a 

minimum of two years after the date on which the record was made or the report 

prepared.

(c) Copies of the monitoring log shall immediately be made available to ecology, upon 

verbal or written request, at any reasonable time.

(6) Reporting. The owner or operator of a petroleum refinery shall notify ecology in writing 

within forty-five days following each quarterly or annual inspection for component leaks when:

(a) The number of discovered leaks has increased by more than ten percent above the 

number recorded during the last inspection of the same components;

(b) The number of leaking components has increased for two consecutive quarterly or 

annual inspections;

(c) The number of leaks not corrected within fifteen days exceeds five percent of the 

leaks detected;

(d) The next scheduled process unit turnaround needed to repair an uncorrectable leak is 

more than twelve months away.

(7) Petition for alternative monitoring.

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 95
(a) After two complete liquid service inspections and five complete gaseous service 

inspections, the owner or operator of a petroleum refinery may petition the director for 

alternative monitoring procedures or a reduction in monitoring frequency.

(b) A petition for alternative monitoring procedures shall contain:

(i) The name and address of the company and the name and telephone number of 

the responsible person over whose signature the petition is submitted;

(ii) A detailed description of the problems encountered under WAC 173-490-

200(4); and

(iii) A detailed description of the alternative monitoring procedures and how this 

alternative procedure will solve or reduce the problems encountered under WAC 

173-490-200(4).

(c) A petition for a reduction in monitoring frequency shall contain:

(i) The information requested in WAC 173-490-200 (7)(b)(i);

(ii) A detailed description of the proposed component-monitoring schedule;

(iii) A demonstration by the owner or operator that the facility is currently 

operating with a low level of component leaks and is committed to a maintenance 

program that will assure a frequency and severity of component leaks as good as 

that attainable under WAC 173-490-200(2).

(d) An approved petition for a reduction in monitoring frequency shall begin with the 

next quarterly inspection and shall be valid for a period of twelve quarters (three years). 

At the time of the last inspection in the twelve quarters, a new submittal of the 

information required in WAC 173-490-200 (7)(c) shall be made if the reduced frequency 

of monitoring is to continue.

(e) Ecology may approve a part or all of a petition for alternative monitoring requested 

under WAC 173-490-200 (7)(b) or (c). Approval or disapproval will be in writing and 

within forty-five calendar days of receipt of the petition by ecology. A failure to 

approve or disapprove a new petition or petition for renewal within the stated time limit 

shall be taken as an approval.

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

173-490-201 Petroleum Liquid Storage in External Floating Roof Tanks.

(1) Specific applicability.

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 96
(a) This section shall apply to all petroleum liquid storage vessels equipped with 

external floating roofs, having capacities greater than 150,000 liters (40,000 gallons), and 

as qualified in WAC 173-490-025.

(b) This section does not apply to petroleum liquid storage vessels that:

(i) Are used to store waxy, heavy pour crude oil; or

(ii) Have capacities less than 1,600,000 liters (420,000 gallons) and are used to 

store produced crude oil and condensate prior to lease custody transfer; or

(iii) Contain a petroleum liquid with a true vapor pressure of less than 10.5 kPa 

(1.5 psia); or

(iv) Contain a petroleum liquid with a true vapor pressure less than 27.6 kPa (4.0 

psia); are of welded construction; and presently possess a metallic-type shoe seal, 

a liquid-mounted foam seal, a liquid-mounted liquid filled type seal, or other 

closure device of demonstrated equivalence approved by ecology; or

(v) Are of welded construction, equipped with a metallic-type shoe primary seal 

and have secondary seal from the top of the shoe seal to the tank wall (shoemounted secondary seal).

(2) Provisions for specific processes.

(a) No owner(s) or operator(s) of a petroleum liquid storage vessel shall store a 

petroleum liquid in that vessel unless:

(i) The vessel has been fitted with:

(A) A continuous secondary seal extending from the floating roof to the 

tank wall (rim-mounted secondary seal); or

(B) A closure or other device which controls VOC emissions with an 

effectiveness equal to or greater than a seal required under WAC 173-490-

201 (2)(a)(i)(A) and approved by ecology.

(ii) All seal closure devices meet the following requirements:

(A) There are no visible holes, tears, or other openings in the seal or seal 

fabric;

(B) The seal is intact and uniformly in place around the circumference of 

the floating roof between the floating roof and the tank wall; and

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 97
(C) For vapor mounted primary seals, the accumulated area of gaps 

exceeding 0.32 cm (1/8 inch) in width between the secondary seal and the 

tank wall shall not exceed 21.2 cm2 per meter of tank diameter (1.0 in.2

per foot of tank diameter), as determined by the method in WAC 173-490-

201(3).

(iii) All openings in the external floating roof, except for automatic bleeder 

vents, rim space vents, and leg sleeves, are:

(A) Equipped with covers, seals, or lids in the closed position except 

when the openings are in actual use; and

(B) Equipped with projections into the tank which remain below the 

liquid surface at all times.

(iv) Automatic bleeder vents are closed at all times except when the roof is 

floated off or landed on the roof leg supports;

(v) Rim vents are set to open when the roof is being floated off the leg supports 

or at the manufacturer's recommended setting; and

(vi) Emergency roof drains are provided with slotted membrane fabric covers or 

equivalent covers which cover at least ninety percent of the area of the opening.

(b) The owner(s) or operator(s) of a petroleum liquid storage vessel with an external 

floating roof subject to this chapter shall:

(i) Perform routine inspections annually in order to insure compliance with 

WAC 173-490-201 (2)(a) and the inspection shall include a visual inspection of 

the secondary seal gap;

(ii) Measure the secondary seal gap annually in accordance with WAC 173-490-

201(3) when the floating roof is equipped with a vapor-mounted primary seal; and

(iii) Maintain records of the types of volatile petroleum liquids stored, the 

maximum true vapor pressure of the liquid as stored, and the results of the 

inspections performed in WAC 173-490-201 (2)(b)(i) and (ii).

(c) The owner(s) or operator(s) of a petroleum liquid storage vessel with an external 

floating roof exempted from this chapter by WAC 173-490-201 (1)(b)(iii), but containing 

a petroleum liquid with a true vapor pressure greater than 7.0 kPa (1.0 psi), shall maintain 

records of the average monthly storage temperature, the type of liquid, and the maximum 

true vapor pressure for all petroleum liquids with a true vapor pressure greater than 7.0 

kPa.

(d) Copies of all records under WAC 173-490-201 (2)(b) and (c) shall be retained by 

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 98
the owner(s) or operator(s) for a minimum of two years after the date on which the record 

was made.

(e) Copies of all records required under WAC 173-490-201 shall immediately be made 

available to the director, upon verbal or written request, at any reasonable time.

(3) Testing and monitoring.

(a) The owner or operator of a storage vessel covered under WAC 173-490-201 shall 

demonstrate compliance by the methods of this subsection or an alternative method 

approved by ecology.

(b) A person proposing to measure the seal fit of a storage vessel in order to comply 

with this section shall notify ecology of the intent to measure not less than five working 

days before the measurement so the director or a representative may observe the 

measurement if desired.

(c) Compliance with WAC 173-490-201 (2)(a)(ii)(C) shall be determined by physically 

measuring the length and width of all gaps around the circumference of the secondary 

seal in each place where a 0.32 cm (1/8 in.) diameter probe passes freely (without forcing 

or binding against the seal) between the seal and the tank wall and summing the area of 

the individual gaps.

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

173-490-202 Leaks from Gasoline Transport Tanks and Vapor Collection System.

(1) Specific applicability.

This section shall apply to all gasoline transport tanks equipped for gasoline vapor collection and 

all vapor collection systems at gasoline loading terminals, bulk gasoline plants and gasoline 

dispensing facilities as qualified in WAC 173-490-025 and 173-490-040.

(2) Provisions for specific processes.

(a) The owner(s) or operator(s) of a gasoline loading or unloading facility shall only 

allow the transfer of gasoline between the facility and a transport tank when a current 

leak test certification for the transport tank is on file with the facility or a valid inspection 

sticker is displayed on the vehicle.

(b) The owner(s) or operator(s) of a transport tank shall not make any connection to the 

tank for the purpose of loading or unloading gasoline, except in the case of an 

emergency, unless the gasoline transport tank:

(i) Is tested annually according to the test procedure referenced in WAC 173-

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 99
490-202 (3)(c);

(ii) Sustains a pressure change of no more than 0.75 kilopascals (3 inches of 

water) in five minutes when pressurized to a gauge pressure of 4.5 kilopascals (18 

inches of water) or evacuated to a gauge pressure of 1.5 kilopascals (6 inches of 

water) during the testing required in WAC 173-490-202 (2)(b)(i);

(iii) Is repaired by the owner(s) or operator(s) and retested within fifteen days of 

testing if it does not meet the criteria of WAC 173-490-202 (2)(b)(ii);

(c) The owner(s) or operator(s) of a transport tank shall:

(i) Have a current leak test certification for the transport tank on file with each 

gasoline loading or unloading facility where gasoline is transferred; or

(ii) Display a sticker near the department of transportation certification plate 

required by 49 CFR 178.340-10b which:

(A) Shows the date that the gasoline tank truck last passed the test 

required in WAC 173-490-202 (2)(b)(i) and (ii);

(B) Shows the identification number of the gasoline tank truck tank; and

(C) Expires not more than one year from the date of the leak tight test.

(d) The owner(s) or operator(s) of a vapor collection system shall:

(i) Operate the vapor collection system and the gasoline loading equipment 

during all loadings and unloadings of transport tanks equipped for emission 

control such that:

(A) A gauge reading of tank pressure will not exceed 4.5 kilopascals (18 

inches of water) or vacuum 1.5 kilopascals (6 inches of water);

(B) The concentration of gasoline vapors is below the lower explosive 

limit (LEL, measured as propane) at all points a distance of 2.5 cm (1 

inch) from potential leak sources when measured by the method in WAC 

173-490-202(3); and

(C) There are no visible liquid leaks.

(ii) Repair and retest a vapor collection system that exceeds the limits of WAC 

173-490-202 (2)(d)(i) within fifteen days.

(e) Ecology may, at any time, monitor a gasoline transport tank and vapor collection 

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 100
system during loading or unloading operations by the procedure in WAC 173-490-202 

(3)(d) to confirm continuing compliance with WAC 173-490-202 (2)(b) or (d).

(3) Testing and monitoring.

(a) The owner(s) or operator(s) of a gasoline transport tank or vapor collection system 

shall, at his own expense, demonstrate compliance with WAC 173-490-202 (2)(a) and 

(b), respectively. All tests shall be made by, or under the direction of, a person qualified 

to perform the tests.

(b) The owner(s) or operator(s) of a gasoline transport tank shall notify ecology in 

writing of the date and location of a certification test at least ten calendar days before the 

anticipated test date.

(c) To demonstrate compliance with this chapter, refer to WAC 173-400-105.

(d) Monitoring to confirm the continuing existence of leak tight conditions shall be 

consistent with the procedures on file with and approved by ecology.

(4) Recordkeeping.

(a) The owner(s) or operator(s) of a gasoline transport tank or vapor collection system 

shall maintain records of all certification tests and repairs for at least two years after the 

test or repair is completed.

(b) The records of certification tests required by WAC 173-490-202 (4)(a) shall, as a 

minimum, contain:

(i) The transport tank identification number;

(ii) The initial test pressure and the time of the reading;

(iii) The final test pressure and the time of the reading;

(iv) The initial test vacuum and the time of the reading;

(v) The final test vacuum and the time of the reading;

(vi) At the top of each report page, the company name, date and location of the 

tests on that page; and

(vii) Name and title of the person conducting the test.

(c) The owner(s) or operator(s) of a gasoline transport tank shall annually certify that 

the transport tank passed the required tests.

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 101
(d) Copies of all records required under WAC 173-490-202 shall immediately be made 

available to ecology, upon written request, at any reasonable time.

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

173-490-203 Perchloroethylene Dry Cleaning Systems.

(1) Specific applicability. This section shall apply to all dry cleaning systems using 

perchloroethylene cleaning solvent and as qualified in WAC 173-490-203 (1)(a) and (b) and 

173-490-025. 

(a) The following dry cleaning systems are exempt from the requirements of WAC 173-

490-203 (2)(a)(i) and (ii): 

(i) Coin-operated systems;

(ii) Systems located in a facility with inadequate space to accommodate an 

adsorber; 

(iii) Systems with insufficient steam capacity to desorb adsorbers .

(b) An exemption for the conditions stated in WAC 173-490-203 (2)(a)(i) and (ii) may 

be granted by ecology when sufficient evidence is submitted by the owner(s) or 

operator(s) of the dry cleaning system to justify the exemption. 

(c) A material balance will be used to determine VOC losses.

(2) Provisions for specific processes. 

(a) The owner(s) or operator(s) of a perchloroethylene dry cleaning facility subject to 

this chapter shall: 

(i) Vent the entire dryer exhaust through a properly functioning carbon 

adsorption system or equally effective control device; 

(ii) Emit no more than 100 ppmv when demonstrated in accordance with WAC 

173-490-203(3)(c)(i), of VOC’s from the dryer control device before dilution; 

(iii) Immediately repair all components found to be leaking liquid VOCs;

(iv) Cook or treat all diatomaceous earth filters so that the residue contains 25 kg 

or less of VOCs per 100 kg of wet waste material; 

(v) Reduce the VOCs from all solvent stills to 60 kg or less per 100kg of wet 

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 102
waste material; 

(vi) Drain all filtration cartridges, in the filter housing or other enclosed 

container, for at least twenty-four hours before discarding the cartridges; and 

(vii) When possible, dry all drained cartridges without emitting VOCs to the 

atmosphere. 

(3) Testing and monitoring 

(a) Compliance with WAC 173-490-203 (2) (a)(i), (vi), and (vii) shall be determined by 

means of visual inspection. 

(b) Compliance with WAC 173-490-203 (2) (a)(iii) shall be determined by means of 

visual inspection of the following components:

(i) Hose connections, unions, couplings and valves; 

(ii) Machine door gaskets and seatings; 

(iii) Filter head gasket and seating; 

(iv) Pumps;

(v) Base tanks and storage containers; 

(vi) Water separators; 

(vii) Filter sludge recovery; 

(viii) Distillation unit; 

(ix) Diverter values 

(x) Saturated lint from lint basket; and 

(xi) Cartridge filters 

(c) Compliance with WAC 173-490-203 (2) (a)(ii) shall be demonstrated by: 

(i) A test consistent with the procedures on file with and approved by ecology; 

or 

(ii) The proper installation, operation, and maintenance of equipment that has 

been demonstrated by the owner(s) or operator(s) to adequately meet the emission 

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 103
limits in WAC 173-490-203(2)(a)(ii). 

(d) Compliance with WAC 173-490-203 (2)(a)(iv) and (v) shall be demonstrated by 

tests consistent with the procedures on file with and approved by ecology. 

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

173-490-204 Graphic Arts System.

(1) Specific applicability.

(a) This section shall apply to all packaging rotogravure, publication rotogravure, 

specialty printing operations, and flexographic printing facilities that use more than 90 

megagrams (100 tons) per year of VOCs as a component of ink, for the thinning of ink, 

cleaning of presses, press components and equipment; and are covered by WAC 173-

490-025.

(b) Machines that have both coating units (apply a uniform layer of material across the 

entire width of a web) and printing units (forming words, designs, and pictures) shall be 

included under WAC 173-490-204 rather than WAC 173-490-040(6), Surface coaters.

(2) Provisions for specific processes.

(a) No owner(s) or operator(s) of a packaging rotogravure, publication rotogravure or 

flexographic printing subject to this regulation and employing solvent containing ink may 

operate, cause, allow or permit the operation of the facility unless:

(i) The volatile fraction of ink, as it is applied to the substrate, contains twentyfive percent by volume or less of organic solvent and seventy-five percent by 

volume or more of water;

(ii) The ink as it is applied to the substrate, less water, contains sixty percent by 

volume or more nonvolatile material; or

(iii) The owner(s) or operator(s) installs and operates a system that captures at 

least ninety percent by weight and;

(A) A carbon adsorption system which reduces the volatile organic 

emissions from the capture system by at least ninety percent by weight;

(B) An incineration system which oxidizes at least ninety percent of the 

nonmethane VOCs (VOC measured as total combustible carbon) to carbon 

dioxide and water; or

(C) An alternative VOC emission reduction system demonstrated to have 

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 104
at least a ninety percent reduction efficiency, measured across the control 

system, and has been approved by ecology.

(b) A collection system shall be used with the emission controls of WAC 173-490-204 

(2)(a)(iii). The design and operation of the collection system shall be consistent with 

good engineering practice, and shall provide an overall reduction in the emission of 

VOCs of at least:

(i) Seventy-five percent where a publication rotogravure process is used; or

(ii) Sixty-five percent where a packaging rotogravure process is used; or

(iii) Sixty percent where a flexographic process is used.

(3) Testing and monitoring.

(a) To demonstrate compliance with this chapter, refer to WAC 173-400-105.

(b) When add-on control equipment is used, continuous monitors of the following 

parameters shall be installed, periodically calibrated, and operated at all times that the 

associated control equipment is operating:

(i) Exhaust gas temperature of all incinerators;

(ii) Temperature rise across a catalytic incinerator bed;

(iii) Breakthrough of VOC on a carbon adsorption unit; and

(iv) Any other continuous monitoring or recording device required by ecology.

(c) The owner or operator of a facility shall be responsible for all expenses of 

monitoring required by WAC 173-490-204 (3)(b).

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

173-490-205 Surface Coating of Miscellaneous Metal Parts and Products.

(1) Specific applicability. This section shall apply to surface coating of miscellaneous metal 

parts and products in the following industries, if the potential uncontrolled emissions of VOC is 

greater than 10 tons per year and as qualified in WAC 173-490-205(1)(b),(c), and (d), and 173-

490-025.

(a) Miscellaneous metal parts and products shall include:

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 105
(i) Large farm machinery (harvesting, fertilizing and planting machines, tractors, 

combines, etc.);

(ii) Small farm machinery (lawn and garden tractors, lawn mowers, rototillers, 

etc.);

(iii) Small appliances (fans, mixers, blenders, crock pots, dehumidifiers, vacuum 

cleaners, etc.);

(iv) Commercial machinery (office equipment, computers and auxiliary 

equipment, typewriters, calculators, vending machines, etc.);

(v) Industrial machinery (pumps, compressors, conveyor components, fans, 

blowers, transformers, etc.);

(vi) Fabricated metal products (metal covered doors, frames, etc.); and

(vii) Any other industrial category which coats metal parts or products under the 

Standard Industrial Classification Code of Major Group 33 (primary metal 

industries), Major Group 34 (fabricated metal products), Major Group 35 

(nonelectric machinery), Major Group 36 (electrical machinery), Major Group 37 

(transportation equipment), Major Group 38 (miscellaneous instruments), Major 

Group 39 (miscellaneous manufacturing industries), Major Group 40 (railroad 

transportation), and Major Group 41 (transit passenger transportation).

(b) This section is not applicable to the surface coating of the following metal parts and 

products:

(i) Automobiles and light-duty trucks;

(ii) Metal cans;

(iii) Flat metal sheets and strips in the form of rolls or coils;

(iv) Magnet wire for use in electrical machinery;

(v) Metal furniture;

(vi) Large appliances;

(vii) Airplanes;

(viii) Automobile refinishing;

(ix) Customized top coating of automobiles and trucks, if production is less than 

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 106
thirty-five vehicles per day; and

(x) Exterior of marine vessels.

(c) This chapter applies to the application area, flashoff area, air and forced air drier, 

and oven used in the surface coating of the metal parts and products in WAC 173-490-

205 (1)(a). This chapter also applies to prime coat, top coat, and single coat operations.

(d) The application of coatings whose formulations are controlled by federal 

specifications and the use of which is required by federal agencies shall be exempt from 

the emission limits in WAC 173-490-205 (2)(a).

(e) A case-by-case determination of the emission controls best representing RACT may 

be substituted for the requirements of WAC 173-490-205(2). Such a determination shall 

be approved by ecology.

(2) Provisions for specific processes.

(a) The owner or operator of a coating application system shall not emit a quantity of 

VOCs greater than those listed by specific coating, excluding water and as delivered to 

the application system:

(i) Clear coatings 0.52 kg/liter (4.3 lb/gallon)

(ii) Extreme performance coatings 0.42 kg/liter (3.5 lb/gallon)

(iii) Air dried coatings 0.42 kg/liter (3.5 lb/gallon)

(iv) All others 0.36 kg/liter (3.0 lb/gallon)

(v) Powder coatings 0.05 kg/liter (0.4 lb/gallon)

(b) When more than one emission limitation listed in WAC 173-490-205 (2)(a) applies 

to a specific coating, the least stringent will apply.

(c) All VOC emissions from solvent washings shall be considered in the emission 

limitations in WAC 173-490-205 (2)(a), unless the solvent is directed into containers that 

prevent evaporation into the atmosphere.

(d) The emission limits set forth in WAC 173-490-205 (2)(a) shall be achieved by:

(i) The application of low solvent coating technology; or

(ii) An incineration system that oxidizes at least ninety percent of the VOCs 

(VOC measured as total combustible carbon) to carbon dioxide and water; or

(iii) An equivalent means of VOC reduction certified by the owner(s) or 

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 107
operator(s) and approved by ecology.

(e) A collection system shall be used together with the incinerator of WAC 173-490-

205 (2)(d)(ii). The design and operation of the collection system shall be consistent with 

good engineering practice and provide for an overall VOC emission reduction necessary 

to comply with the emission limits of WAC 173-490-205 (2)(a). The required VOC 

emission reduction shall be calculated on a unit volume of uncured solids basis.

(3) Testing and monitoring.

(a) Ecology may require the owner(s) or operator(s) of a source to demonstrate at 

his/her own expense, compliance by the methods of WAC 173-490-205 (3)(c).

(b) The owner(s) or operator(s) of a source shall notify ecology at least ten days before 

a proposed emission certification test so the director or a representative may observe the 

test.

(c) To demonstrate compliance with this chapter, refer to WAC 173-400-105.

(d) Ecology may require monitoring of the following parameters:

(i) Exhaust gas temperature of all incinerators;

(ii) Temperature rise across a catalytic incinerator bed; and

(iii) Breakthrough of VOC on a carbon adsorption unit.

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

173-490-207 Surface Coating of Flatwood Paneling.

(1) Specific applicability.

(a) This section shall apply to all flatwood panel manufacturers and surface finishing 

facilities as qualified in WAC 173-490-207 (1)(b) and (c) and 173-490-025.

(b) These chapters shall apply to all operations and equipment that is used to apply, 

convey and dry (including flashoff areas) a surface pattern or coating on the following 

products:

(i) Printed interior panels made of hardwood plywood and thin particleboard;

(ii) Natural finish hardwood plywood panels; or

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 108
(iii) Hardboard paneling with Class II finishes.

(c) These chapters do not apply to the manufacture of exterior siding, tileboard, or 

particleboard used as a furniture component.

(2) Provisions for specific processes.

(a) The owner(s) or operator(s) of a facility shall not emit VOCs from a coating 

application system in excess of:

(i) 2.9 kg per 100 square meters of coated finished product (6.0 lb/1,000 square 

feet) from printed interior panels, regardless of the number of coats applied;

(ii) 5.9 kg per 100 square meters of coated finished product (12.0 lb/1,000 

square feet) from natural finish hardwood plywood panels, regardless of the 

number of coats applied; and

(iii) 4.9 kg per 100 square meters of coated finished product (10.0 lb/1,000 

square feet) from Class II finishes on hardboard panels, regardless of the number 

of coats applied.

(b) The emission limits in WAC 173-490-207 (2)(a) shall be achieved by:

(i) The application of low solvent content coating technology; or

(ii) An incineration system which oxidizes at least ninety percent of the 

nonmethane VOCs entering the incinerator (VOC measured as total combustible 

carbon) to carbon dioxide and water; or

(iii) An equivalent means of VOC removal. The equivalent means must be 

certified by the owner(s) or operator(s) and approved by ecology.

(c) A capture system shall be used in conjunction with the emission control systems in 

WAC 173-490-207 (2)(b)(ii) and (iii). The design and operation of the capture system 

must be consistent with good engineering practice and shall be required to provide for an 

overall emission reduction sufficient to meet the emission limitation in WAC 173-490-

207 (2)(a).

(3) Testing and monitoring.

(a) Ecology may require the owner or operator of a facility to demonstrate at his/her 

own expense compliance by the methods of WAC 173-490-207 (3)(c).

(b) The owner(s) or operator(s) of a facility shall notify ecology at least ten days before 

a proposed emission certification test so the director or a representative may observe the 

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 109
test.

(c) To demonstrate compliance with this chapter, refer to WAC 173-400-105.

(d) Ecology may require monitoring of the following parameters:

(i) Exhaust gas temperature of all incinerators;

(ii) Temperature rise across a catalytic incinerator bed; and

(iii) Breakthrough of VOC on a carbon adsorption unit.

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

173-490-208 Aerospace Assembly and Component Coating Operations.

(1) Specific Applicability. This section shall apply to all aerospace component coating 

facilities that emit an annual average of eighteen kilograms (forty pounds) or more of VOCs per 

operating day and as qualified in WAC 173-490-025.

(2) It shall be unlawful for any person to cause or allow:

(a) The application of any primer or topcoat to aerospace components which contains in 

excess of:

(i) 650 grams of VOC per liter of primer, less water, as applied.

(ii) 600 grams of VOC per liter of topcoat, less water, as applied.

(b) The application of any temporary protective coating to aerospace components that 

contains more than 250 grams of VOC per liter of material, less water, as applied.

(c) The use of VOCs of composite vapor pressure of 10.4 kPa (1.5 psia) or greater at a 

temperature of 21.1 C (70F) for surfac 

removal.

(d) The use of VOCs for the cleanup of spray equipment used in aerospace component 

coating operations unless 85 percent of the VOCs by weight, are collected and disposed 

so that they are not emitted to the atmosphere.

(e) The use of a stripper which contains more than 400 grams of VOC per liter or has a 

composite vapor pressure of VOCs more than 1.3 kPa (0.19 psia) at 21.1 C (70F).

(3) The emission limits of paragraph (2) shall be achieved by:

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 110
(a) The application of reasonably available low solvent coating technology;

(b) A vapor collection and disposal system; or

(c) An equivalent method of VOC reduction certified by the owner(s) or operator(s) and 

approved by ecology.

(4) The provisions of WAC 173-490-208 (2)(a) and (2)(b) shall not apply to the following 

materials:

(a) Coatings for masking in chemical etching operations,

(b) Adhesive bonding primer,

(c) Flight test coatings,

(d) Space vehicle coatings, or

(e) Fuel tank coatings.

(5) Upon the submission of an alternative coating evaluation, ecology may determine that a 

reasonably available low solvent coating does exist for a given application and may exempt the 

coating from requirements of WAC 173-490-208. All alternative coating evaluations shall 

contain, as a minimum:

(a) Types of products to be coated,

(b) Types of coatings evaluated,

(c) Results of performance tests,

(d) Status of research into development of low VOC coatings for the application,

(e) Feasibility of installing control equipment,

(f) Mitigating measures that could be implemented to reduce VOC emissions.

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

WAC 173-492 MOTOR FUEL SPECIFICATIONS FOR OXYGENATED GASOLINE

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 111
173-492-010 Policy and Purpose.

The purpose of this regulation is to reduce carbon monoxide emissions from gasoline powered 

motor vehicles, through the wintertime use of oxygenated gasolines.

State effective: 10/19/96; EPA effective: 6/30/97

173-492-020 Applicability.

This regulation shall apply to all gasoline offered for sale in the control areas and over the 

control periods defined in WAC 173-492-070.

State effective: 12/1/92; EPA effective: 6/30/97

173-492-030 Definitions.

The following words and phrases shall have the following meanings:

"Authority" means an air pollution control authority activated pursuant to chapter 70.94 RCW 

that has jurisdiction over the subject source.

"Blender" means a person who owns oxygenated gasoline which is sold or dispensed from an 

oxygenate blending facility for use in a control area during a control period.

"Control area" means an area in which only oxygenated gasoline under the oxygenated 

gasoline program of this chapter may be sold or dispensed. Each control area is a county or 

group of counties administered by a separate air pollution control authority.

"Control period" means the period during which oxygenated gasoline must be sold or 

dispensed within the control area.

"Ecology" means the Washington state department of ecology.

"Gasoline" means any fuel sold for use in motor vehicles and motor vehicle engines, and 

commonly known or sold as gasoline.

"Large volume blender" means blenders that blend and offer for sale or sell one million 

gallons or more, but less than fifteen million gallons, of oxygenated gasoline per month on 

average during a control period within a control area.

"Medium volume blender" means blenders that blend and offer for sale or sell one hundred 

thousand gallons or more, but less than one million gallons, of oxygenated gasoline per month on 

average during a control period within a control area.

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 112
"Oxygenate" means any substance which, when added to gasoline, increases the amount of 

oxygen in the gasoline blend. Lawful use of any combination of these substances requires that 

they be "substantially similar" under section 211 (f)(1) of the federal Clean Air Act (CAA), or be 

permitted under a waiver granted by the Administrator of the Environmental Protection Agency 

under the authority of section 211 (f)(4) of the CAA.

"Oxygenated gasoline" means gasoline which contains a measurable amount of oxygenate, 

generally an alcohol or ether.

"Small volume blender" means blenders that blend and offer for sale or sell less than one 

hundred thousand gallons of oxygenated gasoline per month on average during a control period 

within a control area.

"Very large volume blender" means blenders that blend and offer for sale or sell fifteen 

million gallons or more of oxygenated gasoline per month on average during a control period 

within a control area.

State effective: 12/1/92; EPA effective: 6/30/97

173-492-040 Compliance Requirements.

(1) Retail sales. No gasoline intended as a final product for fueling of motor vehicles within 

the control areas and control periods as defined in WAC 173-492-070 shall be offered for sale, 

sold or dispensed by any person unless the gasoline has at least 2.0% oxygen content by weight.

(2) Average blend requirements. Over each two-month interval during the control period, 

gasoline intended as a final product for fueling of motor vehicles within the control areas defined 

in WAC 173-492-070 supplied by blenders to purchasers within the control areas defined in 

WAC 173-492-070 shall average at least 2.7% oxygen by weight, and in no case be less than 

2.0% oxygen content by weight.

(3) Reports. Blenders shall provide periodic reports, as stipulated in the blenders registration, 

to ecology or the authority summarizing how the requirements of subsection (2) of this section 

were met. With prior approval from ecology or the authority, a credit trading program may be 

used to comply with these requirements. Such reports shall be on forms provided by ecology or 

the authority.

State effective: 12/1/92; EPA effective: 6/30/97

173-492-050 Registration Requirements.

Each blender shall register with ecology or the authority each year, in each control area where a 

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 113
blender offers for sale, sells, or dispenses gasoline. Each request for registration shall be on 

forms supplied by ecology or the authority and shall be accompanied by a fee to compensate for 

the cost of administering the registration program, including on-site inspections necessary to 

verify compliance with these requirements. The location of each blender facility shall be 

included in the information provided by the blender at registration. The fee may be based on the 

volume of oxygenated gasoline sold or offered for sale by the blender in that control area to 

comply with the provisions of WAC 173-492-040, including separate fee categories for small, 

medium, large and very large volume blenders.

Registration fees shall be set by regulation by ecology or the authority.

State effective: 10/19/96; EPA effective: 6/30/97

173-492-060 Labeling Requirements.

In addition to other labeling requirements, fuel dispensing systems delivering oxygenated 

gasoline shall be conspicuously labeled during the control periods and in the control areas stated 

in WAC 173-492-070 as follows:

"The gasoline dispensed from this pump is oxygenated and will reduce carbon monoxide 

pollution from motor vehicles."

State effective: 12/1/92; EPA effective: 6/30/97

173-492-070 Control Areas and Control Periods.

Beginning in 1992, the oxygenated gasoline requirements of this chapter shall apply to the 

following control area during the following control period:

Control Period

Control AreaCounty Beginning Ending

Spokane Spokane September 1 February 29

Upon approval by EPA, the control period for 

Spokane will be from October 1 to February 29.

State effective: 10/19/96; EPA effective: 6/30/97

173-492-080 Enforcement and Compliance.

(1) Compliance with the requirements of this section shall be monitored and enforced by 

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 114
ecology or the authority. Noncompliance shall be subject to the penalties and other remedies 

provided in chapter 70.94 RCW.

(2) Ecology or the authority may designate any appropriate agency of the state to assist in the 

compliance monitoring of this regulation. Ecology shall make every effort to coordinate 

compliance monitoring of this regulation with the current duties of the department of agriculture 

division of weights and measures.

(3) Compliance with the standards set forth in this section shall be determined by use of testing 

methods approved by ecology. The maximum accuracy tolerance of this method shall be 

limited to .+/-0.3% oxygen by weight, or an equivalent tolerance when measured by volume.

State effective: 12/1/92; EPA effective: 6/30/97

173-492-090 Unplanned Conditions.

An unplanned condition, such as an unforeseen emergency or "act of God," which may interfere 

with compliance to this chapter, shall be reported to ecology or the authority as soon as possible. 

The responsible party shall also submit a full written report within ten days to ecology or the 

authority, including the known causes, the corrective actions taken, and the preventive measures 

to be taken to minimize or eliminate the chance of recurrence. Compliance with the 

requirements of this section does not relieve the responsible party from the responsibility to 

maintain continuous compliance with all the requirements of this chapter nor from the resulting 

liabilities for failure to comply. Ecology or the authority must consider the circumstances of the 

unplanned condition, and may use the circumstances when determining enforcement.

State effective: 12/1/92; EPA effective: 6/30/97

173-492-100 Severability.

The provisions of this regulation are severable and if any provision is held invalid, the 

application of such provision to the other circumstances and the remainder of this regulation 

shall not be affected.

State effective: 12/1/92; EPA effective: 6/30/97

TABLE 1 -- REGULATIONS APPROVED STATEWIDE – page 115