DRAFT

Washington State 

Implementation Plan Revision 

Infrastructure SIP Certification for the 

2008 Lead National Ambient Air Quality 

Standard 

Fulfilling Sections 110(a) (1) – (2) 

of the Clean Air Act

April 2014

Publication no. 13-02-035
April 2014

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Publication and Contact Information

This report is available on the Department of Ecology’s website at 

https://fortress.wa.gov/ecy/publications/SummaryPages/13-02-035.html 

For more information contact:

Laurie Hulse-Moyer, Air Quality Planner

Air Quality Program

P.O. Box 47600 

Olympia, WA 98504-7600 

Phone: 360-407-6783

Washington State Department of Ecology - www.ecy.wa.gov

o Headquarters, Olympia 360-407-6000

o Northwest Regional Office, Bellevue 425-649-7000

o Southwest Regional Office, Olympia 360-407-6300

o Central Regional Office, Yakima 509-575-2490

o Eastern Regional Office, Spokane 509-329-3400

If you need this document in a format for the visually impaired, call the Air Quality Program at 360-407-

6600. Persons with hearing loss can call 711 for Washington Relay Service. Persons with a speech 

disability can call 877-833-6341.
April 2014

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Infrastructure SIP Certification for the 

2008 Lead National Ambient Air Quality Standard

Washington State Implementation Plan Revision

by

Air Quality Program

Washington State Department of Ecology

Olympia, Washington
April 2014

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Acknowledgements

The following Ecology Air Quality Program staff members are gratefully 

acknowledged for their efforts:

 

• Anya Caudill

• Tami Dahlgren

• Joanna Ekrem

• Melanie Forster

• Laurie Hulse-Moyer

• Sean Lundblad

• Joan McMillen

• Gary Palcisko

• Melanie Pearson

• Mike Ragan

• John Williamson
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Table of Contents

Acknowledgements........................................................................................................................ iv

Acronyms....................................................................................................................................... vi

Executive Summary...................................................................................................................... vii

Introduction..................................................................................................................................... 1

Background Information................................................................................................................. 3

Infrastructure Elements................................................................................................................... 5

§110(a)(2)(A) Emission limits and other control measures........................................................ 5

§110(a)(2)(B) Ambient air quality monitoring and data analysis system................................... 7

§110(a)(2)(C) Program to enforce control measures, regulate modification and construction of 

stationary sources and a permit program................................................................................... 10

§110(a)(2)(D)(ii) Interstate and international pollution abatement........................................... 11

§110(a)(2)(E) Adequate personnel, funding and authority to carry out plan; comply with state 

boards; oversee local and regional governmental agencies. ..................................................... 12

§110(a)(2)(F) Stationary source emissions monitoring and reporting system.......................... 14

§110(a)(2)(G) Authority to declare air pollution emergency and notify public........................ 16

§110(a)(2)(H) Future SIP revisions........................................................................................... 17

§110(a)(2)(I) Plan revisions for nonattainment area ................................................................. 17

§110(a)(2)(J) §121 consultation; §127 public notification; and PSD and visibility protection 18

§110(a)(2)(K) Air quality modeling data .................................................................................. 20

§110(a)(2)(L) Major stationary source permitting fees............................................................. 21

§110(a)(2)(M) Consultation and participation .......................................................................... 22

Appendix A. Washington State Rules and Laws by Element....................................................... 23

Appendix B. Washington State Clean Air Act Laws.................................................................... 35

Appendix C. Public Notices and Comments and Ecology Response ........................................... 73
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Acronyms 

AQS EPA’s Air Quality System

BACT Best Available Control Technology

BART Best Available Retrofit Technology

CAA Federal Clean Air Act

CAAA Federal Clean Air Act Amendments

Ecology Washington State Department of Ecology

EFSEC Energy Facility Site Evaluation Council

EPA U.S. Environmental Protection Agency

NAA Nonattainment Area

NAAQS National Ambient Air Quality Standards

NCore National Core Monitoring Sites

NSR New Source Review

PSD Prevention of Significant Deterioration

RACT Reasonably Available Control Technologies

RCW Revised Code of Washington

SIP State Implementation Plan

SLAMS State and Local Ambient Monitoring Sites

TPY Tons Per Year

TSP Total Suspended Particulate

WAC Washington Administrative Code

μg/m3 micrograms per cubic meter
April 2014

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Executive Summary

EPA sets standards for lead air pollution because lead exposure can cause health and 

developmental problems, especially in children. Exposures to low levels of lead early in life 

have been linked to effects on IQ, learning, memory, and behavior. Lead persists in the 

environment and accumulates in soils.

EPA strengthened the federal air quality standard on October 15, 2008, by lowering it from the 

1978 standard of 1.5 micrograms per cubic meter (μg/m3

) to 0.15 μg/m3 — ten times more 

protective than the previous standard. Monitored areas with 3-month rolling averages below this 

level comply with the standard. There are no areas in Washington identified as out of 

compliance with the lead standard.

Each time the EPA issues or revises a standard, Washington must review existing rules, laws,

and programs and submit an infrastructure State Implementation Plan (SIP) within 3 years. This 

infrastructure SIP documents the existing legal authority and programs in Washington that show 

we have the means to meet the more protective lead standard. No new rules are proposed. 

Nationwide, lead pollution levels dropped sharply when lead was phased out of gasoline starting 

in the 1970s. Metals manufacturers, lead-based paint, and soil from contaminated legacy 

industrial sites are some sources of lead. The highest air concentrations of lead around the 

country are usually found near ore processing or lead smelters in the East and Midwest. There 

are no large smelters in Washington State.

In Washington, we don’t currently have many lead sources. Battery recyclers, wood products 

facilities, pulp and paper mills, glass manufacturers, refineries and piston-engine aircraft 

operating on leaded aviation gasoline are a few sources that emit lead at very low levels. Past 

sources of lead in Washington include a lead smelter on Harbor Island in South Seattle and the 

ASARCO copper smelters in Everett and Tacoma. These facilities ceased operations by the mideighties.

Washington conducts lead ambient air monitoring in Seattle at Beacon Hill. The values 

measured are far below the 2008 standard. EPA requires monitoring near sources that emit over 

half a ton of lead. When EPA requires sources to report emissions over this threshold, we may 

identify other areas where monitoring is required. There are currently no known sources that 

emit lead over this threshold.

Some small aircraft that run on leaded aviation gasoline still emit lead, but when we measured 

the air for a year in 2012 around two airports – Auburn Municipal Airport and Harvey Field in 

Snohomish –we found very low concentrations, so further monitoring at these airports wasn’t 

required. 

When EPA approves this plan, Washington will have satisfied the Clean Air Act requirements 

for infrastructure elements covered in this certification. Some elements, not required here, will 

be covered in future revisions.
April 2014

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Introduction

The EPA sets National Ambient Air Quality Standards (NAAQS) to protect public health and 

welfare and to prevent adverse effects from air pollutants under authority of the Clean Air Act 

(CAA or the Act). The CAA requires that states review their rules and programs each time a 

NAAQS is established or revised. This requirement stems from section 110(a)(2)1 of the Act 

and directs states to show they have the authority and means to enforce, implement, and maintain 

these standards. States do this by submitting infrastructure state implementation plans (SIPs). 

Washington has met many of the basic program elements required through previous SIP 

submissions. This document shows how the current provisions in Washington’s State 

Implementation Plan (SIP),

2 and the existing supporting laws and programs, fulfill the 

infrastructure requirements — except for transport and nonattainment elements—for the 2008 

Lead (Pb) NAAQS(2008 lead rule).

3

The first primary (health) and secondary (welfare) lead standard, established in 1978 was set at

1.5 μg/m3 per calendar quarter, as measured as Total Suspended Particulate (TSP). The 2008 

standard level for lead was set at 0.15 μg/m3, for a rolling 3-month average for both the primary 

and secondary standard.

Lead exposure is associated with cardiovascular effects in adults and neurological effects in 

children and may be associated with learning disabilities.

4 Since lead was removed from 

automobile gasoline in the late 1970s, lead from the transportation sector declined dramatically. 

Between 1980 and 1999 levels of lead in the air decreased by 94 percent.

5

 However, lead 

persists in the environment and accumulates in soils.

Infrastructure State Implementation Plan Certification

This submittal certifies and demonstrates how the existing rules in Washington’s SIP — and the 

laws that underlie them — meet the Clean Air Act infrastructure requirements for the 2008 Lead 

(Pb) NAAQS, except for some transport and nonattainment elements. 

Washington’s air quality program is well established and provides the basis for compliance with 

this NAAQS. Between the existing provisions in Washington’s SIP and recently approved rules 

at Chapter 173-476 WAC, Ambient Air Quality Standards, Washington’s provisions meet the 

requirements for infrastructure elements included in this plan. This submittal does not propose 

any new rules or changes to the SIP and therefore is a “certification.” This differs from a 

submittal that includes revised regulations or programs submitted to EPA for their approval and 

incorporation into the SIP.

 1 Section 110(a)(2) A. through M.

2 Found at 40 CFR Part 52, Subpart WW

3 Final rule, 73 FR 66964, November 12, 2009, effective January 12, 2009

4 http://www.epa.gov/airquality/lead/health.html

5 http://www.epa.gov/airquality/lead/
April 2014

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Document Structure

This SIP certification is in order by infrastructure elements and does not include some transport 

and nonattainment area elements. Rules and laws that support compliance are listed under each 

element. Appendix A:

• lists and describes each element,

• itemizes the laws and rules,

• includes state and EPA effective dates and Federal Register citations for rules. 

Appendix B contains the laws that underlie Washington’s authority to implement, maintain, and 

enforce this standard.

Infrastructure Elements 

An infrastructure SIP must fulfill the requirements under sections 110(a)(1) and 110(a)(2) of the 

Clean Air Act (CAA). Section 110(a)(1) requires this plan to be submitted to EPA after a 

reasonable public notice and comment period and within three years after the promulgation or 

revision of a national ambient air quality standard. Section 110(a)(2) contains the infrastructure 

elements, which are:

A. Emission limits and other control measures

B. Ambient air quality monitoring and data analysis system

C. Program to enforce control measures, regulate modification and construction of 

stationary sources and a permit program

D. Interstate transport and interstate and international pollution abatement*

E. Adequate personnel, funding and authority to carry out plan; comply with state boards; 

oversee local and regional governmental agencies

F. Stationary source emissions monitoring and reporting system

G. Authority to declare air pollution emergency and notify public

H. Future SIP revisions

I. Nonattainment areas*

J. §121 consultation; §127 public notification; and PSD and visibility protection

K. Air quality modeling / data

L. Major stationary source permitting fees

M. Consultation / participation by affected local entities

*This submittal does not include information on the following parts of two elements listed under 

section 110(a)(2):

• D. Interstate Transport: Section 110(a)(2)(D)(i) pertains to interstate transport. Since

the EME Homer City decision,

6 states are not required to submit transport SIPs 

addressing Section 110(a)(2)(D)(i)(I), also known as Prongs 1 (significant contribution)

 6 EME Homer City Generation, LP v. EPA, 696 F.3d 7 (D.C. Cir. 2012), cert. granted, 2013 U.S. LEXIS 

4801(2013)
April 2014

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and 2 (interfere with maintenance), until EPA identifies each state’s contribution to other 

states’ nonattainment or maintenance areas. Requirements in Section 110(a)(2)(D)(i)II, 

known as Prongs 3 (prevention of significant deterioration) and 4 (protect visibility), are 

covered by a separate Regional Haze plan and a separate PSD-delegated program. Once 

EPA identifies Washington’s contribution, Ecology will address prongs 1 (significant 

contribution) and 2 (interfere with maintenance) of Subpart D in a separate, future 

submittal. Although lead emissions do not travel far in the atmosphere, Ecology will 

evaluate emission sources near the state and international borders in the separate transport 

SIP. 

• I. Nonattainment Planning: Section 110(a)(2)(I), Part D, title I of CAA pertains to the 

nonattainment planning requirements. Washington State must fulfill these requirements

when the state has a nonattainment area for the standard in question. There are no 

nonattainment areas in Washington for lead.

Background Information

Washington State’s SIP — found at 40 CFR Part 52, Subpart WW — contains the rules that

demonstrate the state’s authority and ability to implement, maintain, and enforce federal air 

quality standards. This document demonstrates how the current rules in Washington’s SIP – and 

the underlying laws that support the state’s authority and other programs - satisfies the required 

elements of section 110(a)(2)(A)-(M) of the Clean Air Act for the 2008 lead NAAQS, except for 

transport and nonattainment planning as discussed in the introduction above.

EPA revised the lead NAAQS in 2008. The final rule was issued to revise the primary and 

secondary lead NAAQS on November 12, 2008. The level was set at 0.15 micrograms per cubic 

meter (μg/m3), measured as a rolling three-month average (75 FR 81126). This new standard is 

10 times more stringent than the previous standard of 1.5 μg/m3, based on a quarterly average 

promulgated in 1978. 

Washington State was designated unclassifiable/attainment (76 FR 72097) for the 2008 Pb 

standard on November 22, 2011. There were no areas in Washington determined to be in 

violation of the 1978 or2008 standard.

Lead infrastructure SIP submittal for the new standard was due by October 15, 2011. 

Washington missed the deadline and on February 26, 2013, EPA issued a Finding of Failure 

(FOF)7 to submit this SIP. The EPA set a deadline of February 2015. This document fulfills the 

submittal requirement. 

 7 78 FR 12961, effective March 28, 2013.This FOF started a 24-month clock. If EPA does not receive Washington’s 

lead infrastructure SIP before March 28, 2015, EPA is obligated to issue a Federal Implementation Plan.
April 2014

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Previous Lead Plans

Washington submitted its first lead control plan for the area around the Harbor Island smelter 

and along the Interstate 5 corridor in Seattle on July 30, 1980. EPA approved the SIP submittal 

for lead (49 FR 27943) on July 9, 1984, after Washington submitted an attainment demonstration 

that included lead emissions from the ASARCO copper smelter in Tacoma. After the Harbor 

Island smelter in Seattle closed later that same year, Washington submitted another revision to 

the SIP that documented the area met the 1978 standard for lead. This revision was approved on 

January 29, 1985 (50 FR 3907).

Washington Laws and Rules

The laws and rules that support Washington’s ability to implement, enforce, and maintain the 

NAAQS are provided below and in the Appendices. Appendix A provides an element-byelement summary and the Washington SIP-approved rules and the laws that correspond to the 

element requirements. Appendix A includes the State effective date, EPA effective date, and 

Federal Register (FR) citation for each SIP-approved rule. The specific portions of 

Washington’s Clean Air Act that support the infrastructure elements are included in Appendix B 

for illustrative purposes.

Washington laws: To support Washington’s assurance of adequate authorities to develop rules 

and programs to implement infrastructure SIP elements Ecology references the following laws 

found in the Revised Code of Washington (RCW):

• Chapter 34.05 RCW: Administrative procedure act

• Chapter 42.17 RCW: Public disclosure act

• Chapter 42.30 RCW: Open public meetings act

• Chapter 43.21A RCW: Department of ecology

• Chapter 70.94 RCW: Washington clean air act

• Chapter 80.50 RCW: Energy facilities – site locations

Except for some changes to Washington’s Clean Air Act, Chapter 70.94 RCW, the laws listed 

above are the same versions of laws that were provided to EPA for reference as a part of the 

Infrastructure SIP Certification for the 1997 8-hour Ozone National Ambient Air Quality

Standard8 in January, 2012. None of the changes made to Washington’s Clean Air Act since this 

last SIP submittal are relevant to implementation of the New Source Review Program or 

Washington’s authority to control lead emissions. The laws that illustrate and support 

Washington’s authority are provided for reference in Appendix B.

Washington rules: The rules approved into the SIP that provide authority for Washington and

support the infrastructure elements are listed in sections that follow with their corresponding 

element and in Appendix A.

 8

Infrastructure SIP Certification for the 1997 8-hour Ozone National Ambient Air Quality Standard is at

http://www.ecy.wa.gov/programs/air/sips/plans/infrastructure.htm; submitted to EPA January 2012 and approved 

May 24, 2012 (77 FR 30902)
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Chapter 173-476 WAC Ambient Air Quality Standards

Washington State recently completed rulemaking to consolidate and incorporate the National 

Ambient Air Quality Standards in Washington rules at Chapter 173-476 WAC, Ambient Air 

Quality Standards. This rule — which contains the state ambient air quality standard for lead 

that is equal to the 2008 lead NAAQS — was submitted to EPA for approval and inclusion in the 

SIP in December 2013. EPA proposed rule approval in December 2013; they granted approval 

in March 2014.

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Infrastructure Elements

§110(a)(2)(A) Emission limits and other control measures

Element summary: Include enforceable emission limitations permits and other control measures, 

means, or techniques (including economic incentives such as fees, marketable permits, and 

auctions of emissions rights), as well as schedules and timetables for compliance as may be 

necessary or appropriate to meet the applicable requirements of this Act.

EPA’s requirement for this element requires that Washington identify the existing or new 

provisions that limit emissions of the relevant pollutants, including precursors. Washington has 

provisions for complying with this element in the state Clean Air Act and our regulations, found 

in Washington’s Administrative Code (WAC). 

Washington State has an EPA-approved air quality permitting program for minor sources which 

ensures that all applicable requirements are included in the source’s permit. The requirement 

that sources utilize Reasonably Available Control Technology (RACT) for emission control 

under our minor new source review (NSR) program and the Best Available Control Technology 

(BACT) requirement of our delegated Prevention of Significant Deterioration (PSD) program are 

the primary methods used to limit lead emissions from stationary sources. See Element C for 

more discussion of the minor NSR program.

For major sources, Washington has a delegated PSD program through a Federal Implementation 

Plan (FIP).

10 This means that major stationary sources are subject to the federal PSD 

requirements of 40 CFR 52.21.

11

 9 Proposed approval published December 31, 2013 (78 FR 79652);approval granted March 4, 2014 (79 FR 12077) 10 40 CFR 52.2497, Full approval of Washington’s Title V program effective September 12, 2001, 66 FR 42439 

(August 13, 2001), with a revision approved on January 2, 2003.

11 Pursuant to 40 CFR 52.21(u), EPA has delegated authority to implement and enforce the federal PSD program to 

the Energy Facility Site Evaluation Council (EFSEC) and the Washington State Department of Ecology (Ecology) in 

separate delegation agreements: Agreement for the Delegation of the Federal Prevention of Significant 

Deterioration (PSD) Regulations by the EPA, Region 10 to the State of Washington Department of Ecology, Nov. 

17, 2011. Agreement for Partial Delegation of the Federal Prevention of Significant Deterioration (PSD) Program, 

between EPA and EFSEC dated January 25, 1993. Ecology applies PSD regulations to most facilities in 

Washington; EFSEC applies PSD regulations to large energy industry facilities. 
April 2014

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Washington’s emission reporting requirements and permitting programs will ensure any sources 

of lead do not cause an area to violate the 2008 NAAQS.

Washington Requirement

Washington’s SIP-approved provisions are at 40 CFR 52, Subpart WW.

12

Washington rules: Washington has provisions for complying with the emissions limitation 

requirements that apply to lead in WACs 173-400. These regulations as shown in Washington’s 

SIP, are listed below and in Appendix A.

• WAC 173-400-040 General standards for maximum emissions

• WAC 173-400-050 Emission standards for combustion and incineration units

• WAC 173-400-060 Emission standards for general process units

• WAC 173-400-070 Emission standards for certain source categories

• WAC 173-400-105 Records, monitoring, and reporting

• WAC 173-400-434 Solid waste incinerator facilities

New Washington rule: The new Washington rule — WAC 173-476-120, Ambient air quality 

standards for lead (Pb) – contains the state ambient air quality standard and is the same as the 

federal lead NAAQS. This rule was submitted to EPA in December 2013 and was approved in 

March 2014.

Washington laws: The Washington Clean Air Act – RCW 70.94 —provides general authority to 

adopt enforceable emission standards and limitations and other measures necessary for the 

attainment and maintenance of NAAQS. The following sections of the law support various 

components of the state’s emissions control measures and permitting program:

• RCW 70.94.081 Powers and duties of authorities

• RCW 70.94.141 Air pollution control authority — Power and duties of activated 

authority

• RCW 70.94.151 Classification of air contaminant sources —Registration — Fee —

Registration program defined — Adoption of rules requiring persons to report emissions 

of greenhouse gases

• RCW 70.94.152 Notice may be required of construction of proposed new contaminant 

source — Submission of plans — Approval, disapproval — Emission control — "De 

minimis new sources" defined.

• RCW 70.94.153 Existing stationary source — Replacement or substantial alteration of 

emission control technology.

• RCW 70.94.331 Powers and duties of department. 

• RCW 70.94.380 Emission control requirements. 

• RCW 70.94.395 Air contaminant sources — Regulation by department; authorities may 

be more stringent — Hearing — Standards.

• RCW 70.94.850 Emission credits banking program — Amount of credit.

 12 40 CFR part 52.2470(c)
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• RCW 70.94.860 Department of ecology may accept delegation of programs

These laws are provided in Appendix B.

§110(a)(2)(B) Ambient air quality monitoring and data analysis 

system

Element summary: Provide for establishment and operation of appropriate devices, methods, 

systems, and procedures necessary to monitor, compile, and analyze data on ambient air quality, 

and upon request, make such data available to the Administrator.

Washington certifies that our existing authority and commitment are adequate to implement 

required changes to the monitoring network resulting from passage of the 2008 Lead NAAQS. 

Our statewide surveillance system consists of a network of State and Local Air Monitoring 

Stations (SLAMS),

13 a number of Special Purpose Monitors, and two National Core (NCore) 

sites. Ecology maintains these stations with the assistance of local agencies. The network meets 

the requirements of 40 CFR Part 58; our methods are consistent with 40 CFR Part 53. Ecology 

conducts periodic systems and performance audits as well as annual network reviews of the air 

quality surveillance system. EPA performs a technical audit every three years.

Ecology generally14 determines an area’s compliance with the state and federal standards as well 

as develops air quality trends with data obtained by the Washington State monitoring network. 

This data is reported to the Administrator, through EPA’s Air Quality System (AQS) database in 

accordance with 40 CFR 58.16. 

Any changes to the network are requested through the annual network report. Any planned 

changes to the sites or network are done consistent with 40 CFR 58.14 “System Modification.”

The annual network report is due every year before July 1. EPA Region 10 reviews and 

approves Ecology’s plan. EPA approved the 2012 plan on October 25, 2012.

15 Ecology 

submitted the 2013 plan before the July 1, 2013 deadline. 

Historic Lead Monitoring

Ecology and its partners conducted lead monitoring at many locations across the state in the ‘70s 

and ‘80s. Past sources of lead in Washington include a lead smelter on Harbor Island in South 

Seattle and the ASARCO copper smelters in Everett and Tacoma. While lead remains in the 

soils and sediments in these areas, direct release to the air from these facilities is no longer a 

concern; both facilities ceased operations by the mid-eighties.

 13 Ecology maintains an on-line map of the Washington air monitoring sites at 

https://fortress.wa.gov/ecy/enviwa/Default.htm. 14 Sometimes Washington uses modeling, such as in permitting modeling or uses some other approved EPA method. 15 Washington State Department of Ecology, 2013 Ambient Air Monitoring Network Report, Ecology publication 

number 13-02-007
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Ambient Monitoring Requirements for Lead

After the 2008 lead standard was finalized, EPA was asked to reconsider the emission rate at 

which monitoring near lead sources is required; the ‘emission threshold’ was set at 1.0 ton per 

year (tpy). 

EPA reconsidered and the Revisions to Lead Ambient Monitoring Requirements (or 2010 

monitoring rule), was published December 27, 2010 (75 FR 81126) in which EPA:

• lowered the monitoring threshold to 0.5 tpy near industrial sources of lead.

• maintained the emission threshold for airports at 1.0 rather than promulgating the 

proposed lowering of the threshold to 0.50 tpy.

• limited non-source-oriented monitors to NCore sites, rather than require monitoring in 

every core based statistical area (CBSA) with a population over 500,000.

• implemented an airport monitoring study, requiring a minimum of one year of 

monitoring at 15 additional airports to determine the need for monitoring at airports that 

emitted less than 1.0 tpy of lead.

Washington’s Lead Monitoring 

The 2010 monitoring rule did require action and a temporary addition to Washington’s 

monitoring network. Washington was already monitoring for lead at the NCore site at Beacon 

Hill using various methods. Ecology worked with EPA Region 10 to settle on an approved 

method that fulfilled the lead NAAQS monitoring requirements. Lead monitoring for the 

Seattle-Tacoma-Bellevue area began at the Beacon Hill site using the agreed-upon method16 on 

January 1, 2013. The first year’s results are far below the level of the standard.

17 The need for

monitoring in areas near lead sources (source oriented monitoring) in the future will be assessed 

during the permit application process and based on future emission reporting. Washington has 

the capacity to evaluate sources and conduct monitoring for areas that have sources found to emit 

or report emissions of half a ton of lead or more.

Airport Monitoring Study

The 2010 monitoring rule also required that monitors be deployed at seventeen airports around 

the country, two in Washington. Lead monitoring was done at the Auburn Municipal and 

Harvey Field Airports from December 2011 to December 2012.

 16 Per John Williamson, Washington State Department of Ecology, using field method Thermo Scientific Partisol®-

Plus 2025 PM10 Sequential Air Sampler or Thermo Fisher Scientific Partisol® 2025i PM10 Sequential Air Sampler 

or Rupprecht and Patashnick Partisol®-Plus 2025 PM10 Sequential Air Sampler, Manual Reference Method: RFPS1298-127 ; lab method Inductively Coupled Plasma- Mass Spectrometry (Eastern Research Group, Inc.) Manual 

Equivalent Method: EQL–0512–201 17 See at EPA’s AirData Monitor Values Report, for 2013 at http://www.epa.gov/airquality/airdata/ad_rep_mon.html
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Table 1 – Locations of Airport Lead Monitoring in Washington

Airport AQS Site No. Address

Auburn Municipal 530330029 23rd St. NE, Auburn

Harvey Field 530610013 9900 Airport Way, Snohomish 

Since draft results of the study found that the maximum three-month rolling average at both 

airports was less than half the NAAQS, monitoring was no longer required.

18 The final report,

2012 Airport Lead Monitoring Study, Auburn Municipal Airport and Harvey Field, provides a

summary of the data.

19 The maximum three-month rolling averages at the airports were:

• Auburn Airport - 0.055 μg/m3 - 37% of NAAQS

• Harvey Field - 0.032 μg/m3 - 21% of NAAQS

Since neither airport measured a three-month rolling average over half the NAAQS, the lead 

monitoring at both airports could be concluded at the end of December 2012. Only airports with 

monthly rolling three-month averages greater than half the NAAQS were required to continue 

monitoring.

EPA issued an update on monitoring at the seventeen chosen airports in June 2013.

20 Going 

forward, additional monitoring is not required for airports that emit less than 1 ton per year of 

lead, unless EPA finds these airports have the potential to cause or contribute to an exceedance 

of the lead NAAQS.

21 

Washington Requirement

Washington rules: The relevant SIP-approved regulations that implement the monitoring 

program are found in:

• WAC 173-400-105 Records, Monitoring and Reporting 

Washington laws: The state law that requires Ecology either conduct or arrange for others to 

conduct a continuous surveillance (monitoring) program is:

• RCW 70.94.331(5) Powers and duties of department

This program:

• Monitors the quality of the ambient atmosphere,

• Monitors the concentrations and movements of air contaminants, and

• Determines the quantity of emissions to the atmosphere. 

 18 per 40 CFR part 58, paragraph 4.5(c)

19 Williamson, John, Washington State Department of Ecology, 2012 Airport Lead Study, Auburn Municipal 

Airport and Harvey Field, Final Report, April 3, 2013, Publication 13-02-040 20 Environmental Protection Agency, Program Update: Airport Lead Monitoring, EPA-420-F-13-032, June 2013 21 75 FR 81322, December 27, 2010
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§110(a)(2)(C) Program to enforce control measures, regulate 

modification and construction of stationary sources and a permit 

program

Element summary: Include a program to provide for the enforcement of the measures described 

in subparagraph (A) and regulation of the modification and construction of any stationary 

source within the areas covered by the plan as necessary to assure that national ambient air 

quality standards are achieved, including a permit program as required in parts C and D.

There are no major PSD sources for lead in Washington. Washington has established regulations 

that govern the enforcement of control measures, including permitting programs that regulate 

construction and modification of stationary sources that apply statewide. Any new sources of 

lead would be subject to these requirements. State law requires the use of Best Available 

Control Technology (BACT) to control all emissions from new and modified sources, including 

stationary sources. BACT is implemented through approval conditions in minor NSR permits 

and PSD permits issued under terms of our PSD Delegation Agreement.

An existing PSD FIP implements major source permitting for PSD sources through delegated 

agreements between EPA and Ecology and Energy Facility Site Evaluation Council (EFSEC). 

Enforcement authority is divided between EPA, Ecology, and EFSEC as described in these 

agreements. 

Washington’s current SIP-approved rules for NSR Minor Source permitting comply with 40 

CFR Part 51, Subpart I, Review of New Sources and Modifications. 

Washington Requirement

Washington’s permitting and enforcement powers are found in the following rules and laws.

Washington rules:

• WAC 173-400-020 Applicability

• WAC 173-400-110 New source review

• WAC 173-400-200 Creditable Stack Height & Dispersion Techniques

• WAC 173-400-230 Regulatory Actions

• WAC 173-400-240 Criminal Penalties

Washington laws:

• RCW 70.94.141 Powers and duties of activated authority

• RCW 70.94.200 Investigation of conditions by control officer or department – Entering 

private, public property.

• RCW 70.94.211 Enforcement actions by air authority – Notice to violators

• RCW 70.94.331 Powers and duties of department

• RCW 70.94.332 Enforcement actions by department – Notice to violators.
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• RCW 70.94.425 Restraining orders – Injunctions.

• RCW 70.94.430 Penalties.

• RCW 70.94.431 Civil penalties – Excusable excess emissions – (except (8)).

22

• RCW 70.94.435 Additional means for enforcement of chapter

EFSEC’s authority resides in state law at Chapter 80.50 RCW, Energy Facilities – Site 

Locations. See:

• RCW 80.50.040 Energy facility site evaluation council – Powers enumerated

• RCW 80.50.150 Enforcement of compliance – Penalties

§110(a)(2)(D)(ii) Interstate and international pollution abatement

Element summary: Contain adequate provisions ensuring compliance with the applicable 

requirements of sections 12623 and 11524 (relating to interstate and international pollution 

abatement).

Element D pertains to interstate and international transport of pollutants. Some parts of Element 

D are not required at this time. Since the EME Homer City decision,

25 states are not required to 

submit transport SIPs addressing Section 110(a)(2)(D)(i)(I), also known as Prongs 1 (significant 

contribution) and 2 (interfere with maintenance), until EPA identifies each state’s contribution to 

other states’ nonattainment or maintenance areas. 

Requirements in Section 110(a)(2)(D)(i)II, known as Prongs 3 (prevention of significant 

deterioration) and 4 (protect visibility), are covered by a separate PSD-delegated program and a 

separate Regional Haze plan. Washington does not have any outstanding obligations under 

sections 126 or 115. The notification requirements of CAA section 126(a) pertain only to major 

proposed new or modified sources. 

As previously discussed, the major source PSD program in Washington is operated under a 

Federal Implementation Plan.

EPA has determined that lead emissions are not likely to contribute significantly to visibility 

impairment.

26 Lead is a near-field pollutant – any emissions impact nearby areas. EPA notes 

that sources that emit less than 0.5 tpy or located more than 2 miles from a border are not likely 

to contribute to nonattainment in another state.

27 There are currently no known sources emitting 

 22 Modification Of Settlement Agreement, Sierra Club et al. v. Jackson, No. 3:10-cv-04060-CRB (N.D. Cal.), 

September 26, 2013

23 §126 Interstate pollution abatement 24 §115 International air pollution 25 EME Homer City Generation, LP v. EPA, 696 F.3d 7 (D.C. Cir. 2012), cert. granted, 2013 U.S. LEXIS 

4801(2013)

26 Schmidt, Mark, Environmental Protection Agency, Memo, The Estimated Contribution of Ambient Lead (Pb) to 

Class I Area Visibility Impairment, November 7, 2011. 27 Guidance on Infrastructure State Implementation Plan (SIP) Elements Required Under Sections 110(a)(1) and 

110(a)(2) for the 2008 Lead (Pb) National Ambient Air Quality Standards (NAAQS) foot note 7, page 8, September 

13, 2013
April 2014

12

over 0.5 tpy. Washington submitted our Regional Haze plan in December, 2010. EPA will take 

action on the this SIP submittal separately from the infrastructure SIP review 

Should the Administrator notify the state about an issue triggering the requirements under the 

section 110(a)(2)(H)(ii) to revise the SIP, Washington has the authority and intends to meet its 

CAA obligations to nearby states and countries.

Washington law includes a commitment to comply with the federal Clean Air Act. This 

declaration is noted below.

Washington laws: 

• RCW 70.94.011 Declaration of public policies and purpose

§110(a)(2)(E) Adequate personnel, funding and authority to carry 

out plan; comply with state boards; oversee local and regional 

governmental agencies.

Element summary: Provide (i) necessary assurances that the state (or, except where the 

Administrator deems inappropriate, the general purpose local government or governments, or a 

regional agency designated by the state or general purpose local governments for such purpose) 

will have adequate personnel, funding, and authority under state (and, as appropriate, local) law 

to carry out such implementation plan (and is not prohibited by any provision of federal or state 

law from carrying out such implementation plan or portion thereof);(ii) requirements that the 

state comply with the requirements respecting state boards under section 128, and (iii) necessary 

assurances that, where the state has relied on a local or regional government, agency, or 

instrumentality for the implementation of any plan provision, the state has responsibility for 

ensuring adequate implementation of such plan provision.

How Washington fulfills this element is described below. 

Subelement (i) Personnel, funding and authority: The Washington provisions that provide 

Ecology’s authority to carry out the plan, assure funding, and hire the necessary people are 

shown below.

Ecology’s Air Quality Program is funded through the following sources:

• State General Fund

• Model Toxics Control Accounts

• Section 105 of the CAA grant program

• Air Operating Permit Account (permit fees from large industrial sources)
April 2014

13

• Air Pollution Control Account (permit fees for burning and annual fees for small 

industrial air pollution sources)28

Subelement (ii) State Boards: Clean Air Act Section 128(a) describes the requirements for 

state boards. Ecology and each participating agency have provisions to ensure their boards shall 

represent the public interest, do not draw a significant portion of their income from permittees,

and disclose potential conflicts of interest. Local clean air agency boards and other officials that 

act or vote on decisions affecting air pollution sources are in compliance with these provisions. 

The Pollution Control Hearings Board has authority to hear appeals. These provisions can be 

found in Washington’s rules at WAC 173-400-220 and 260.

Subelement (iii) State responsibility: The state retains responsibility for implementing the SIP. 

For Washington, this assurance is found in state law at RCW 70.94.370, which states that no 

provision of this chapter or any recommendation of the state board or of any local or regional air 

pollution program is a limitation on the power of a state agency in the enforcement, or 

administration of any provision of law which it is specifically permitted or required to enforce or 

administer. Implementation of the PSD FIP has been delegated by EPA to Ecology and EFSEC.

The following provisions cover Element E:

Washington Requirement

Washington rules:

• WAC 173-400-220 Requirements for board members

• WAC 173-400-240 Criminal penalties

• WAC 173-400-260 Conflict of interest

Washington laws:

• RCW 34.05.425 Administrative procedure act

• RCW 42.17 Public disclosure act

• RCW 43.21A Department of ecology

Washington Clean Air Act

• RCW 70.94.100 Composition of local air authorities’ board; Conflict of interest 

requirements.

• RCW 70.94 .151 Classification of air contaminant sources – Registration – Fee –

Registration program defined 

• RCW 70.94.152 Notice may be required of construction

• RCW 70.94.161 Operating permits for air contaminants sources – Fees, report to 

legislature

• RCW 70.94.370 Powers and rights of governmental units and persons are not limited by 

act or recommendations

 28 Also see “Department of Ecology Budget & Program Overview 2009-2013” at

https://fortress.wa.gov/ecy/publications/publications/1101009.pdf
April 2014

14

§110(a)(2)(F) Stationary source emissions monitoring and reporting 

system

Element summary: Require, as may be prescribed by the Administrator

(i) the installation, maintenance, and replacement of equipment, and the implementation 

of other necessary steps by owners or operators of stationary sources to monitor

emissions from such sources, 

(ii) periodic reports on the nature and amounts of emissions and emissions-related data 

from such sources, and

(iii) correlation of such reports by the state agency with any emission limitations or 

standards established pursuant to this Act, which reports shall be available at reasonable 

times for public inspection.

Washington has provisions to require sources to install, maintain, and replace equipment

statewide, as well as authority to require emissions monitoring and reporting. The requirements 

are implemented through permits and compliance orders issued under Washington’s Clean Air 

Act. 

As previously discussed, the major source PSD program in Washington is operated under a 

Federal Implementation Plan. Stationary source compliance monitoring is submitted to the 

regulatory agency with enforcement jurisdiction and is available on request.

Subelement (i) – EPA rules29 require states to:

 

• have a program of periodic testing and inspection of stationary sources, 

• establish a system for detecting violations and investigating complaints, and

• provide for the identification of allowable, enforceable test methods and not have any

provision that would prevent the use of any credible evidence of noncompliance. 

Washington’s program for stationary sources includes requirements for periodic testing of 

sources when required. These provisions, as well as allowable test methods, are found in 

Chapter 173-400 WAC as listed below and in the section for this Element in Appendix A.

Permits specify testing frequency and methods. 

Washington certifies that there is not a state law or rule in the approved SIP that prevents the use 

of any credible evidence in enforcement proceedings. 

Subelement (ii) – Subelement (ii) requires states have periodic source reporting of emissions 

and emission inventory reporting practices.

30 Washington’s reporting requirements are found in 

 29 40 CFR 51.212 “Testing inspection, enforcement and complaints” 51.212 “Testing inspection, enforcement and 

complaints”, 51.211 “Emissions reporting and recordkeeping”, 51.321-323 - Source emissions and state action 

reporting, Subpart A, Air Emissions Reporting Requirements, Subpart L, Assignment of legal authority to local 

agencies51.45(b) Electronic reporting of emissions data.

30 51.211 “Emissions reporting and recordkeeping”, 51.321-323 - Source emissions and state action reporting, 

EPA’s Air Emissions Reporting Rule, 40 CFR part 51, Subpart A, Air Emissions Reporting Requirements
April 2014

15

the WACs listed below and in Appendix A. Washington has existing authority and 

commitments to require changes in reporting and inventory requirements associated with the new 

or revised NAAQS. EPA proposed a change to the lead emission reporting threshold in June 

2013.

31 A new threshold was set to support the requirement to monitor the air or request an 

exemption near sources that emit half a ton or more per year of lead. Historically, sources have 

not had to report at these low levels. Once this rule is finalized, Washington may identify other 

sources. Ecology will assess areas with identified sources of lead emissions over half a ton. 

Any changes in reporting or inventory requirements associated with the new NAAQS are 

identified during permitting actions.

The language of WAC 173-400-105(1) on emission reporting is general and only lists some of 

the pollutants that can be required to be reported in annual emission inventories. Meanwhile, 

WAC 173-400-105(2) allows Ecology to require stack testing and/or ambient air monitoring, 

even if not required in a permit or other enforceable requirement as part of our continuous 

surveillance program to protect air quality.

The standards of performance for sources of lead in 40 CFR Part 60 have not changed since 

Washington’s last SIP was approved. Therefore, the existing SIP-approved methods are 

adequate for the 2008 lead standard.

Subelement (iii) – Subelement (iii) requires emissions and monitoring data be available. EPA 

rules32 require states to maintain detailed data and calculations used in preparation of each plan 

and make them available for public inspection and submit to EPA administrator on request.

Source inspection reports are available from the regulating agency on request.

Washington Requirement

Washington rules:

• WAC 173-400-105 Records, Monitoring, and Reporting

• WAC 173-400-110 New Source Review

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

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

Washington laws:

• RCW 42.17 Public disclosure act

• RCW 70.94 .151 Classification of air contaminant sources – Registration – Fee –

Registration program defined 

• RCW 70.94.152 Notice may be required of construction

• RCW 70.94.161 Operating permits for air contaminants sources – Fees, report to 

legislature

 31 78 FR 37164, http://www.gpo.gov/fdsys/pkg/FR-2013-06-20/pdf/2013-14628.pdf 32 40 CFR 51.116, “Data availability”
April 2014

16

• RCW 70.94.331 Powers and duties of department

• RCW 70.94.405 Air pollution control authority — Review by department of program

§110(a)(2)(G) Authority to declare air pollution emergency and 

notify public

Element summary: Provide for authority comparable to that in section 303 and adequate 

contingency plans to implement such authority.

Washington’s existing Emergency Episode Plan provisions are consistent with EPA's regulatory 

requirements for the lead NAAQS. CAA Subpart H, Prevention of Air Pollution Emergency 

Episodes has no significant harm levels listed for lead, consequently the Washington rule does 

not have one either. Therefore, no emergency response episode contingency plans are 

required.33

Based on our inventory of lead sources and historical and recent airport monitoring data, 

Washington does not need a more specific contingency plan beyond having the authority to 

restrain any source from causing or contributing to an imminent and substantial endangerment 

found in existing laws and rules.

Washington Requirement

Washington requirements for general air pollution emergency response are described below. 

Washington rules:

• WAC 173-435 Emergency episode plan

Washington laws: State laws providing for the air pollution emergency response authority are 

located in state law at RCW 70.94.710 through 70.94.730.

• RCW 70.94.710 Air pollution episodes – Legislative finding – Declaration of policy

• RCW 70.94.715 Air pollution episodes – Episode avoidance plan – Contents – Source 

emission reduction plans – Authority – Considered orders

• RCW 70.94.720 Air pollution episodes – Declaration of air pollution emergency by 

governor

• RCW 70.94.725 Air pollution episodes – Restraining orders, temporary injunctions to 

enforce orders – Procedure.

• RCW 70.94.730 Air pollution episodes – Orders to be effective immediately

 33 Subpart H, Prevention of Air Pollution Emergency Episodes, 51.150 Classification of regions for episode plans, 

51.151 Significant harm levels, 51.152 Contingency Plans, 51.153 Reevaluation of episode plans
April 2014

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§110(a)(2)(H) Future SIP revisions

Element summary: Each plan shall (H)Provide for revision of such plan (i) from time to time as 

may be necessary to take account of revisions of such national primary or secondary ambient air 

quality standard or the availability of improved or more expeditious methods of attaining such 

standard, and (ii) except as provided in paragraph (3)(C), whenever the Administrator finds on 

the basis of information available to the Administrator that the plan is substantially inadequate 

to attain the national ambient air quality standard which it implements, or to otherwise comply 

with any additional requirements established under this Act. 

Under the Washington Clean Air Act, Ecology has the authority to promulgate rules and 

regulations to maintain and protect Washington’s air quality and to comply with the federal 

requirements, including revisions of NAAQS, SIPs, and to respond to EPA’s findings.

34 

Washington Requirement

Washington’s law at RCW 70.94.51035 specifies Washington’s policy to cooperate with the 

federal government in order to coordinate and take actions necessary to secure the benefits of the 

federal clean air act for the state.

Washington utilized this authority in developing the SIP-approved rules specified throughout this 

submittal. This and other SIP submittals are the result of Washington’s ability to provide for SIP 

revisions as specified in CAA.

§110(a)(2)(I) Plan revisions for nonattainment area

Note: Element I – Section 110(a)(2)(I) – is not included in this document as separate sections of 

the CAA list the requirements for nonattainment areas. Nonattainment area (NAA) requirements 

are set on a different schedule and submitted under different rules so it is not relevant to include 

requirements pertaining to NAA areas in an infrastructure SIP. There are no lead nonattainment 

areas in Washington. If this should change, Washington is prepared with SIP-approved rules at 

173-400-112, Requirements for new sources in nonattainment areas.

 34 RCW 70.94.011. Declaration of public policies and purpose. “It is declared to be the public policy to preserve, 

protect, and enhance the air quality for current and future generations. Air is an essential resource that must be 

protected from harmful levels of pollution. Improving air quality is a matter of statewide concern and is in the 

public interest. It is the intent of this chapter to secure and maintain levels of air quality that protect human health 

and safety, including the most sensitive members of the population, to comply with the requirements of the federal 

clean air act, to prevent injury to plant, animal life, and property, to foster the comfort and convenience of 

Washington's inhabitants, to promote the economic and social development of the state, and to facilitate the 

enjoyment of the natural attractions of the state.” 35 RCW 70.94.510 Policy to cooperate with federal government. 

It is declared to be the policy of the state of Washington through the department of ecology to cooperate with the 

federal government in order to insure the coordination of the provisions of the federal and state clean air acts, and 

the department is authorized and directed to implement and enforce the provisions of this chapter in carrying out this 

policy as follows:(1) To accept and administer grants from the federal government for carrying out the provisions of 

this chapter. (2) To take all action necessary to secure to the state the benefits of the federal clean air act. 
April 2014

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§110(a)(2)(J) §121 consultation; §127 public notification; and PSD 

and visibility protection

Element summary: Meet the applicable requirements of section 121 (relating to consultation), 

meet the applicable requirements of section 127 (relating to public notification), meet the 

applicable requirements of ... part C (relating to prevention of significant deterioration of air 

quality and visibility protection).

The statutory authorities and requirements for consultation and public notification and 

involvement are found in Washington’s Clean Air Act, Administrative Procedure Act, Open 

Public Meetings Act, Consultation, and Air Pollution Advisory Council Laws. Washington rules 

that address the requirements of this element are listed below and in Appendix A.

Consultation: Washington law authorizes Ecology to advise, consult, cooperate, and contract 

with agencies and departments and the educational institutions of the state, other political 

subdivisions, industries, other states, interstate or interlocal agencies, and the United States 

government, and with interested persons or groups.

36

After drafting a plan for regulating emissions, such as a SIP revision, Ecology must issue a 

public notice informing the residents and other affected parties of the proposed changes. The 

public and all interested parties are then provided with an opportunity to review and comment on 

the proposal and request a public hearing. In addition to the formal public involvement 

procedures, Ecology often hosts workshops or creates advisory committees to solicit input from 

those affected. 

Public Notification:

37 Washington’s SIP-approved rule WAC 173-400-171, Public involvement,

codifies the public participation process for both SIPs and rulemaking. The Ecology website 

describes upcoming opportunities to comment on its Public Involvement Calendar,

38 which 

provides notice of these activities and information on how the public can participate. 

Washington has existing SIP-approved provisions for regularly notifying the public of instances 

or areas where any primary NAAQS was exceeded during the preceding calendar year through 

the annual monitoring network report available online.

39 A lead NAAQS exceedance is unlikely.

The Action Procedures under WAC 173-435-050 provide public warnings during periods of 

adverse air quality. In addition to these SIP measures, Ecology uses the Washington Air Quality 

Advisory (WAQA) tool for informing people about the levels and health effects of an 

exceedance air pollution.

40 The public can access up-to-date WAQA information on-line at 

https://fortress.wa.gov/ecy/enviwa/Default.htm. 

 36 RCW Section 70.94.141(10) 37 Requirements at 40 CFR 51.825 38 http://apps.ecy.wa.gov/pubcalendar/calendar.asp

39 Annually under Publications &Forms at www.ecy.wa.gov/ 40 Fulfills 51.285(b)
April 2014

19

Also, Ecology provides the public with information of the health hazards associated with 

exceedances on the Air Quality Program website.

41 The website also provides timely access to 

monitoring data and explanations on how the public may participate in regulatory and other 

efforts to improve air quality. 

Prevention of Significant Deterioration: As discussed in Element A, ongoing review of new 

major sources under Washington’s delegated major source PSD permitting program is operated 

under a FIP. Washington’s PSD FIP is at 40 CFR 52.2470-2499, subpart WW.

42 Sections 

110(a)(2)(C), (D(i)(II), (D)(ii) and J (in all four subsections for the PSD-related and notificationrelated requirements only) are already addressed for Washington through this existing PSD FIP 

that remains in place. 

Washington’s PSD program Delegation Agreement43 describes how Ecology uses the detailed 

public involvement process in state rules at WAC 173-400-740. This rule meets the 

requirements of 40 CFR 51.166(q) and provides for public involvement for PSD permitting

projects.

Visibility Protection: Since the visibility requirements do not change after EPA establishes a 

new or revises an existing NAAQS, they are not addressed in this certification. 

Washington’s SIP-approved visibility protection regulations are found in WAC 173-400-151. In 

2003, EPA approved Ecology’s 1999 Visibility Plan (68 FR 34821). Washington protects 

visibility through the ongoing review of new major sources under the permitting program (PDS 

FIP) and the long-term Regional Haze program. The most current visibility protection 

requirements are included in Washington’s Regional Haze SIP submitted to EPA in 2010. 

Washington Requirement

Washington rules:

• WAC 173-435-050 Action procedures

• WAC 173-400-151 Retrofit requirements for visibility 

• WAC 173-400-171 Public involvement

Washington laws:

• RCW 34.05 Administrative procedures act

• RCW 42.30 Open public meetings 

• RCW 70.94.141- Consultation

• RCW 70.94.240 Air pollution control advisory council

 41 http://www.ecy.wa.gov/programs/air/airhome.html 42 Washington’s PSD FIP fulfills the requirements from §52.28, Protection of visibility from sources in 

nonattainment areas.

43 Agreement for the Delegation of the Federal Prevention of Significant Deterioration (PSD) Regulations by the 

EPA, Region 10 to the State of Washington Department of Ecology, December 10, 2013.
April 2014

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§110(a)(2)(K) Air quality modeling data

Element summary: Provide for: (i) the performance of such air quality modeling as the 

Administrator may prescribe for the purpose of predicting the effect on ambient air quality of 

any emissions of any air pollutant for which the Administrator has established a national 

ambient air quality standard, and (ii) the submission, upon request, of data related to such air 

quality modeling to the Administrator.

Washington does dispersion modeling to assess the impact of emissions on ambient air quality 

for new source review permitting and as part of area-wide modeling requirements for attainment 

demonstrations. Washington uses appropriate models, has demonstrated capacity and adequate 

resources to conduct modeling using methods in Appendix W40 CFR 51, Appendix W 

(Guideline on Air Quality Models). If Appendix W is not appropriate, Section 51.166 states the 

model may be modified or another model used upon written approval from EPA and following 

notice and opportunity for public comment.

There are no areas of the state that violate the standards for lead. Therefore, Washington will not 

need to prepare attainment modeling for lead.

Submitting modeling data: Washington’s Clean Air Act directs Ecology to cooperate with the 

federal government in order to coordinate and implement federal and state clean air acts, which 

includes the submission of data related to air quality modeling to the Administrator. 

Minor New Source Review: Washington’s SIP-approved provisions for minor source NSR 

permitting are in WAC 173-400-110, -112, and -113. Modeling estimates pollutant 

concentrations in the ambient air and is based on EPA’s latest guidance, methods, and techniques 

and is compliant with Appendix W.

Prevention of Significant Deterioration: In addition, Ecology does modeling work for the 

major source program under the PSD delegation agreement (see response to §110(a)(2)(A) 

above). The protocol used to conduct the modeling is provided to EPA for review and comment. 

Should a new facility that emits lead apply for a permit, Ecology intends to use EPA-approved 

models to establish the effect of emissions on air quality and report the results to EPA, when 

required.

Washington Requirements

Washington provisions for air quality modeling capacity meet the requirements above.

Washington rules:

• WAC 173-400-110 New source review

• WAC 173-400-112 Requirements for new sources in nonattainment areas

• WAC 173-400-113 Requirements for new sources in attainment or unclassifiable areas
April 2014

21

Washington laws:

• RCW 70.94.011 Declaration of public policies and purpose

• RCW70.94.510 Policy to cooperate with federal government

§110(a)(2)(L) Major stationary source permitting fees

Element summary: Require the owner or operator of each major stationary source to pay to the 

permitting authority, as a condition of any permit required under this Act, a fee sufficient to 

cover (i) the reasonable costs of reviewing and acting upon any application for such a permit, 

and (ii) if the owner or operator receives a permit for such source, the reasonable costs of 

implementing and enforcing the terms and conditions of any such permit (not including any court 

costs or other costs associated with any enforcement action), until such fee requirement is 

superseded with respect to such sources by the Administrator's approval of a fee program under 

title V.

There are no major stationary sources or nonattainment areas for lead in Washington. Any 

facilities subject to PSD are covered under Washington’s delegated PSD program through a 

Federal Implementation Plan (FIP). Washington’s permitting program (see element A) provides 

provisions for any new lead source meeting the definition of a major source. The fee 

requirements of this Element are met by the EPA-approved fee program under Title V44. These 

fees support the agency’s efforts to determine compliance with and enforcement of emission 

limitations for major stationary sources. 

EPA granted Ecology and EFSEC interim approval of its Title V program effective December 9, 

1994, and full approval effective September 12, 2001, (66 FR 42439, August 13, 2001), with a 

revision approved on January 2, 2003. EPA periodically reviews Ecology’s Title V fee program 

to ensure the collected fees are sufficient and used to cover the costs of developing and 

administering the program.

The state regulations that require collecting permitting fees under the state’s EPA-approved, 

Title V operating permit program are at 173-401 and 173-455 WAC and are not part of the SIP.

45 

The Ecology fee regulation is periodically revised to reflect actual permitting costs. Ecology 

must make a completeness determination on any major source application, which includes the 

requirement that a fee must be paid. A permit will not be issued unless the application fee is 

paid.

46

 44 40 CFR 70.9 “fee determination and certification” and 40 CFR part 70, Appendix A. “approval status of state and 

local operating permits programs” 45 WAC 173-401 Operating permit regulation, (last update November 2011);WAC 173-455 Air quality fee 

registration, (last update November 2012). 

46 WAC 173-400-111(1)(e), Processing notice of construction applications for sources, stationary sources and 

portable sources and WAC 173-400-111(3)(i) (Requirements for new sources in attainment or unclassificable areas). 
April 2014

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Washington Requirement

Washington laws:

• RCW 70.94.151 Classification of air contaminant sources – Registration – Fee –

Registration program defined – Adoption of rules requiring persons to report emissions 

of greenhouse gases.

• RCW 70.94.152 Notice may be required of construction of proposed new contaminant 

source – Submission of plants – Approval, disapproval – Emission control – “De minimis 

new sources” defined.

• RCW 70.94.162 Annual fees from operating permit program source to cover cost of 

program.

§110(a)(2)(M) Consultation and participation

Element summary: Provide for consultation and participation by local political subdivisions 

affected by the plan.

After drafting a regulatory document such as a SIP revision, Ecology must issue a public notice 

informing the residents and affected parties of the proposed changes. The public and all 

interested parties are then provided with an opportunity to review and comment on the proposal 

and participate at a public hearing(s). In addition to the formal public involvement procedures, 

Ecology often hosts workshops or creates advisory committees to solicit input from the affected 

stakeholders, such as clean air agencies and cities and towns, prior to development, adoption, and 

submission of a SIP revision. Leaders of political subdivisions have the opportunity to 

participate during the public process. For PSD sources, Washington rule WAC 173-400-740 

PSD permitting public involvement requirements, contains the public involvement requirements 

for these larger sources.

Washington Requirement

Washington rules: 

• WAC 173-400-171 Public involvement 

Washington laws:

• RCW 34.05 Administrative procedure act.

• RCW 42.30 Open public meetings act.

• RCW 70.94.240 Air pollution control advisory council. 
April 2014

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Appendix A. Washington State Rules and Laws by 

Element
Appendix A. Washington State Infrastructure Provisions by Element April 2014

24

EPA Approved Regulations and Statutes for Washington at 40 CFR part 52.2470(c) Table 1.

For SIP-approved rules, information in parenthesis are: (State effective date; EPA effective date; Federal Register date and reference)

Infrastructure Element Element summary: Washington State SIP-approved rules Washington State laws

§110(a)(2)(A) Emission 

limits and other control 

measures

Include enforceable emission 

limitations (permits and other 

control measures, means, or 

techniques (including economic 

incentives such as fees, marketable 

permits, and auctions of emissions 

rights), as well as schedules and 

timetables for compliance as may 

be necessary or appropriate to 

meet the applicable requirements 

of this Act.

• WAC 173-400-040 General 

standards for maximum emissions

(9/20/93;6/2/95; 60 FR 28726)

• WAC 173-400-050 Emission 

standards for combustion and 

incineration units (3/22/91; 6/2/95; 

60 FR 28726)

• WAC 173-400-060 Emission 

standards for general process units

(3/22/91; 6/2/95; 60 FR 28726)

• WAC 173-400-070 Emission 

standards for certain source 

categories (3/22/91; 6/2/95; 60 FR 

28726)

• WAC 173-400-105 Records, 

Monitoring and Reporting (9/20/93; 

6/2/95; 60 FR 28726). 

• WAC 173-434 Solid Waste 

Incinerator Facilities (various dates 

from 12/16/87 to 1/22/04; 1/15/93; 58 

FR 4578)

Recently submitted/recently approved: 

• WAC 173-476-120- Ambient Air 

Quality Standards for Lead

(12/22/2013; 3/4/2014; 79 FR 12077)

Washington Clean Air Act Laws 

• RCW 70.94.081 Powers and 

duties of authorities

• RCW 70.94.141 Air pollution 

control authority -- Power and 

duties of activated authority

• RCW 70.94.151 Classification 

of air contaminant sources –

Registration – Fee –

Registration program defined -

Adoption of rules requiring 

persons to report emissions of 

greenhouse gases

• RCW 70.94.152 Notice may be 

required of construction

• RCW 70.94.153 Existing 

stationary source —

Replacement or substantial 

alteration of emission control 

technology

• RCW 70.94.331 Powers and 

duties of department

• RCW 70.94.380 Emission 

control requirements 

• RCW 70.94.395 Air 

contaminant sources —

Regulation by department; 

authorities may be more 

stringent — Hearing —

Standards

• RCW 70.94.850 Emission 

credits banking program —

Amount of credit
Appendix A. Washington State Infrastructure Provisions by Element April 2014

25

EPA Approved Regulations and Statutes for Washington at 40 CFR part 52.2470(c) Table 1.

For SIP-approved rules, information in parenthesis are: (State effective date; EPA effective date; Federal Register date and reference)

Infrastructure Element Element summary: Washington State SIP-approved rules Washington State laws

• RCW 70.94.860 Department of 

ecology may accept delegation 

of programs
Appendix A. Washington State Infrastructure Provisions by Element April 2014

26

EPA Approved Regulations and Statutes for Washington at 40 CFR part 52.2470(c) Table 1.

For SIP-approved rules, information in parenthesis are: (State effective date; EPA effective date; Federal Register date and reference)

Infrastructure Element Element summary: Washington State SIP-approved rules Washington State laws

§110(a)(2)(B) Ambient air 

quality monitoring and 

data analysis system

Provide for establishment and 

operation of appropriate devices, 

methods, systems, and procedures 

necessary to monitor, compile, and 

analyze data on ambient air 

quality, and upon request, make 

such data available to the 

Administrator.-

• WAC 173-400-105 Records, 

Monitoring and Reporting (9/20/93; 

6/2/95; 60 FR 28726). 

Washington Clean Air Act Laws 

• RCW 70.94.331(5) Powers and 

duties of department.

§110(a)(2)(C) Program to 

enforce control measures, 

regulate modification and 

construction of stationary 

sources and a permit 

program

Include a program to provide for 

the enforcement of the measures 

described in subparagraph (A) and 

regulation of the modification and 

construction of any stationary 

source within the areas covered by 

the plan as necessary to assure that 

national ambient air quality 

standards are achieved, including

a permit program as required in 

parts C and D.

• WAC 173-400-020 Applicability

3/22/91; 6/2/95; 60 FR 28726)

• WAC 173-400-110 New source 

review (9/20/93; 6/2/95;60 FR 28726)

• WAC 173-400-200 Creditable Stack 

Height & Dispersion Techniques 

(3/22/91; 6/2/95; 60 FR 28726)

• WAC 173-400-230 Regulatory 

Actions (3/20/93; 6/2/95; 60 FR 

28726)

• WAC 173-400-240 Criminal 

Penalties (3/22/91; 6/2/95; 60 FR 

28726)

• WAC 173-440-113 Requirements for 

New Sources in Attainment or 

Unclassifiable Area 

(9/20/93;6/21/95;60FR 28726)

Washington Clean Air Act Laws 

• RCW 70.94.141 Air pollution 

control authority — Powers and 

duties of activated authority

• RCW 70.94.200 Investigation 

of conditions by control officer 

or department -- Entering 

private, public property

• RCW 70.94.211 Enforcement 

actions by air authority --

Notice to violators

• RCW 70.94.331 -Powers and 

duties of department

• RCW 70.94.332 Enforcement 

actions by department -- Notice 

to violators

• RCW 70.94.425 Restraining 

orders -- Injunctions.

• RCW 70.94.430 Penalties.

• RCW 70.94.431 Civil penalties 

— Excusable excess emissions

• RCW 70.94.435 Additional 

means for enforcement of 

chapter 
Appendix A. Washington State Infrastructure Provisions by Element April 2014

27

EPA Approved Regulations and Statutes for Washington at 40 CFR part 52.2470(c) Table 1.

For SIP-approved rules, information in parenthesis are: (State effective date; EPA effective date; Federal Register date and reference)

Infrastructure Element Element summary: Washington State SIP-approved rules Washington State laws

Other Washington Laws

 RCW 80.50.040 Energy facility 

site evaluation council —

Powers enumerated

 RCW 80.50.150 Enforcement 

of compliance - Penalties
Appendix A. Washington State Infrastructure Provisions by Element April 2014

28

EPA Approved Regulations and Statutes for Washington at 40 CFR part 52.2470(c) Table 1.

For SIP-approved rules, information in parenthesis are: (State effective date; EPA effective date; Federal Register date and reference)

Infrastructure Element Element summary: Washington State SIP-approved rules Washington State laws

110(a)(2)(D)(ii), Interstate 

and international 

pollution abatement 

(transport)

Transport elements Prongs 1 

(significant contribution) and 2 

(interfere with maintenance) will 

be addressed in separate submittal

Prongs 3 (prevention of significant 

deterioration) and 4 (protect 

visibility)

Prongs 1 and 2 elements are on hold due 

to EME Homer City until EPA 

determines each state’s contribution to 

nonattainment or interference with 

maintenance to neighboring states

Covered by Regional Haze SIP and PSD 

FIP.

Washington Clean Air Act Laws 

• RCW 70.94.011 Declaration of 

public policies and purpose

110(a)(2)(E), Adequate 

personnel, funding and 

authority to carry out 

plan; comply with state 

boards; oversee local and 

regional governmental 

agencies

Provide (i) necessary assurances

that the state (or, except where the 

Administrator deems 

inappropriate, the general purpose 

local government or governments, 

or a regional agency designated by 

the state or general purpose local 

governments for such purpose) will 

have adequate personnel, funding, 

and authority under state (and, as 

appropriate, local) law to carry out 

such implementation plan (and is 

not prohibited by any provision of 

federal or state law from carrying 

out such implementation plan or 

portion thereof);

• WAC 173-400-220 Requirements for 

Board Members*

• WAC 173-400-240 Criminal 

Penalties*

• WAC 173-400-260 Conflict of 

Interest* 

*State effective date 3/22/91; EPA 

effective date 6/2/95; 60 FR 28726)

Washington Clean Air Act Laws 

RCW 70.94.100 Composition of 

Local Air Authorities’ Board; 

Conflict of Interest Requirements

• RCW 70.94.151 Classification 

of air contaminant sources –

Registration – Fee –

Registration program defined -

Adoption of rules requiring 

persons to report emissions of 

greenhouse gases

• RCW 70.94.152 Notice may be 

required of construction

• RCW 70.94.161 Operating 

permits for air contaminants 

sources – Fees, report to 

legislature

• RCW 70.94.370 Powers and 

rights of governmental units 

and persons are not limited by 

act or recommendations

Other Washington Laws

 RCW 34.05.425 Administrative 

Procedure Act; 

 RCW 42.17 Public Disclosure 

Act
Appendix A. Washington State Infrastructure Provisions by Element April 2014

29

EPA Approved Regulations and Statutes for Washington at 40 CFR part 52.2470(c) Table 1.

For SIP-approved rules, information in parenthesis are: (State effective date; EPA effective date; Federal Register date and reference)

Infrastructure Element Element summary: Washington State SIP-approved rules Washington State laws

 RCW 43.21A Department of 

ecology
Appendix A. Washington State Infrastructure Provisions by Element April 2014

30

EPA Approved Regulations and Statutes for Washington at 40 CFR part 52.2470(c) Table 1.

For SIP-approved rules, information in parenthesis are: (State effective date; EPA effective date; Federal Register date and reference)

Infrastructure Element Element summary: Washington State SIP-approved rules Washington State laws

110(a)(2)(F) Stationary 

source emissions 

monitoring and reporting 

system

Require, as may be prescribed by 

the Administrator

 (i) the installation, maintenance, 

and replacement of equipment, and 

the implementation of other 

necessary steps by owners or 

operators of stationary sources to 

monitor emissions from such 

sources, 

 (ii) periodic reports on the nature 

and amounts of emissions and 

emissions-related data from such 

sources, and

 (iii) correlation of such reports 

by the state agency with any 

emission limitations or standards 

established pursuant to this Act, 

which reports shall be available at 

reasonable times for public 

inspection

• WAC 173-400-105 Records, 

Monitoring, and Reporting *

• WAC 173-400-110 New Source 

Review (NSR) *

• WAC 173-400-113 Requirements for 

New Sources in Attainment or 

Unclassifiable Areas*

*(9/20/93;6/2/95; 60 FR 28726)

Washington Clean Air Act Laws - 

• RCW 70.94.151 Classification 

of air contaminant sources –

Registration – Fee –

Registration program defined -

adoption of rules requiring 

persons to report emissions of 

greenhouse gases

• RCW 70.94.152 Notice may be 

required of construction

• RCW 70.94.161 Operating 

permits for air contaminants 

sources – Fees, report to 

legislature

• RCW 70.94.331 Powers and 

duties of department

• RCW 70.94.405 - Air pollution 

control authority — Review by 

department of program

Other Washington Laws

 RCW 42.17 Public Disclosure 

Act

110(a)(2)(G) Authority to 

declare air pollution 

emergency and notify 

public

Provide for authority comparable 

to that in section 303 and adequate 

contingency plans to implement 

such authority.

• WAC 173-435 Emergency Episode 

Plan (1/3/89; 1/15/1993; 58 FR 

4578.)

Washington Clean Air Act Laws 

• RCW 70.94.710 Air pollution 

episodes -- Legislative finding 

-- Declaration of policy.

• RCW 70.94.715 Air pollution 

episodes -- Episode avoidance 

plan -- Contents -- Source 

emission reduction plans --

Authority --Considered orders
Appendix A. Washington State Infrastructure Provisions by Element April 2014

31

EPA Approved Regulations and Statutes for Washington at 40 CFR part 52.2470(c) Table 1.

For SIP-approved rules, information in parenthesis are: (State effective date; EPA effective date; Federal Register date and reference)

Infrastructure Element Element summary: Washington State SIP-approved rules Washington State laws

• RCW 70.94.720 Air pollution 

episodes -- Declaration of air

pollution emergency by 

governor

• RCW 70.94.725 Air pollution 

episodes -- Restraining orders, 

temporary injunctions to 

enforce orders - Procedure

• RCW 70.94.730 Air pollution 

episodes -- Orders to be 

effective immediately
Appendix A. Washington State Infrastructure Provisions by Element April 2014

32

EPA Approved Regulations and Statutes for Washington at 40 CFR part 52.2470(c) Table 1.

For SIP-approved rules, information in parenthesis are: (State effective date; EPA effective date; Federal Register date and reference)

Infrastructure Element Element summary: Washington State SIP-approved rules Washington State laws

110(a)(2)(H) Future SIP 

Revisions

Provide for revision of such plan 

(i) from time to time as may be 

necessary to take account of 

revisions of such national primary 

or secondary ambient air quality 

standard or the availability of 

improved or more expeditious 

methods of attaining such 

standard, and 

 (ii) except as provided in 

paragraph (3)(C), whenever the 

Administrator finds on the basis of 

information available to the 

Administrator that the plan is 

substantially inadequate to attain 

the national ambient air quality 

standard which it implements, or to 

otherwise comply with any 

additional requirements 

established under this Act. 

Washington Clean Air Act Laws 

• RCW 70.94.510 – Policy to 

cooperate with the federal 

government

110(a)(2)(I)Nonattainment 

Areas

Nonattainment area requirements • No lead NAA NA

110(a)(2)(J) Consultation, 

Public Notification and 

PSD and visibility 

protection

Meet the applicable requirements 

of section 121 (relating to 

consultation), meet the applicable 

requirements of section 127 

(relating to public notification), 

meet the applicable requirements 

of ... part C (relating to prevention 

of significant deterioration of air 

quality and visibility protection).

• WAC 173-435-050 Action 

Procedures(1/3/89; 1/15/93; 58 FR 

4578)

• WAC 173-400-151 Retrofit 

requirements for visibility protection 

(3/22/91; 6/2/95; 60 FR 28726).

 WAC 173-400-171 Public 

involvement (9/20/93; 6/2/95; 60 FR 

28726)

Washington Clean Air Act Laws 

• RCW 70.94.141 Consultation

• RCW 70.94.240 Air pollution 

control advisory council

Other Washington Laws

 RCW 34.05 Administrative 

procedures act

 RCW 42.30 Open public 

meetings act

110(a)(2)(K) Air quality 

modeling/data

Provide for: (i) the performance of 

such air quality modeling as the 

Administrator may prescribe for 

• WAC 173-400-110 New Source 

Review (NSR) * Washington Clean Air Act Laws 

• RCW 70.94.011 Declaration of 
Appendix A. Washington State Infrastructure Provisions by Element April 2014

33

EPA Approved Regulations and Statutes for Washington at 40 CFR part 52.2470(c) Table 1.

For SIP-approved rules, information in parenthesis are: (State effective date; EPA effective date; Federal Register date and reference)

Infrastructure Element Element summary: Washington State SIP-approved rules Washington State laws

the purpose of predicting the effect 

on ambient air quality of any 

emissions of any air pollutant for 

which the Administrator has 

established a national ambient air 

quality standard, and (ii) the 

submission, upon request, of data 

related to such air quality 

modeling to the Administrator.

• WAC 173-400-113 Requirements for 

New Sources in Attainment or 

Unclassifiable Areas*

*(9/20/93;6/2/95; 60 FR 28726

public policies and purpose

• RCW 70.94.510 Policy to 

cooperate with federal 

government
Appendix A. Washington State Infrastructure Provisions by Element April 2014

34

EPA Approved Regulations and Statutes for Washington at 40 CFR part 52.2470(c) Table 1.

For SIP-approved rules, information in parenthesis are: (State effective date; EPA effective date; Federal Register date and reference)

Infrastructure Element Element summary: Washington State SIP-approved rules Washington State laws

110(a)(2)(L) Major 

stationary source 

permitting fees/

Require the owner or operator of 

each major stationary source to 

pay to the permitting authority, as 

a condition of any permit required 

under this Act, a fee sufficient to 

cover

(i) the reasonable costs of 

reviewing and acting upon any 

application for such a permit, and 

(ii) if the owner or operator 

receives a permit for such source, 

the reasonable costs of 

implementing and enforcing the 

terms and conditions of any such 

permit (not including any court 

costs or other costs associated with 

any enforcement action), until such 

fee requirement is superseded with 

respect to such sources by the 

Administrator's approval of a fee 

program under title V.

 (under delegated PSD program and 

FIP) Washington Clean Air Act Laws 

• RCW 70.94.151 Classification 

of air contaminant sources –

Registration – Fee –

Registration program defined

adoption of rules requiring 

persons to report emissions of 

greenhouse gases

• RCW 70.94.152 Notice may be 

required of construction

• RCW 70.94.162 Annual fees 

from operating permit program 

source to cover cost of program

110(a)(2)(M) Consultation 

and participation

Provide for consultation and 

participation by local political 

subdivisions affected by the plan

• WAC 173-400-171 Public 

involvement (9/20/93; 6/2/95; 60 FR 

28726)

 (under state delegated PSD program 

and FIP)

Washington Clean Air Act Laws - 

proposed for the SIP

• RCW 70.94.240 Air pollution 

control advisory council

Other Washington laws 

 RCW 34.05 Administrative 

procedures act

 RCW 42.30 Open public 

meetings act
April 2014

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Appendix B. Washington State Clean Air Act Laws 
April 2014

36

Appendix B: Washington Clean Air Laws 

RCW 70.94.011

Declaration of public policies and purpose.

It is declared to be the public policy to preserve, protect, and enhance the air quality for current 

and future generations. Air is an essential resource that must be protected from harmful levels of 

pollution. Improving air quality is a matter of statewide concern and is in the public interest. It is 

the intent of this chapter to secure and maintain levels of air quality that protect human health 

and safety, including the most sensitive members of the population, to comply with the 

requirements of the federal clean air act, to prevent injury to plant, animal life, and property, to 

foster the comfort and convenience of Washington's inhabitants, to promote the economic and 

social development of the state, and to facilitate the enjoyment of the natural attractions of the 

state.

It is further the intent of this chapter to protect the public welfare, to preserve visibility, to 

protect scenic, aesthetic, historic, and cultural values, and to prevent air pollution problems that 

interfere with the enjoyment of life, property, or natural attractions.

Because of the extent of the air pollution problem the legislature finds it necessary to return areas 

with poor air quality to levels adequate to protect health and the environment as expeditiously as 

possible but no later than December 31, 1995. Further, it is the intent of this chapter to prevent 

any areas of the state with acceptable air quality from reaching air contaminant levels that are not 

protective of human health and the environment.

The legislature recognizes that air pollution control projects may affect other environmental 

media. In selecting air pollution control strategies state and local agencies shall support those 

strategies that lessen the negative environmental impact of the project on all environmental 

media, including air, water, and land.

The legislature further recognizes that energy efficiency and energy conservation can help to 

reduce air pollution and shall therefore be considered when making decisions on air pollution 

control strategies and projects.

It is the policy of the state that the costs of protecting the air resource and operating state and 

local air pollution control programs shall be shared as equitably as possible among all sources 

whose emissions cause air pollution.

It is also declared as public policy that regional air pollution control programs are to be 

encouraged and supported to the extent practicable as essential instruments for the securing and 

maintenance of appropriate levels of air quality.

To these ends it is the purpose of this chapter to safeguard the public interest through an 

intensive, progressive, and coordinated statewide program of air pollution prevention and 

control, to provide for an appropriate distribution of responsibilities, and to encourage 
April 2014

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coordination and cooperation between the state, regional, and local units of government, to 

improve cooperation between state and federal government, public and private organizations, 

and the concerned individual, as well as to provide for the use of all known, available, and 

reasonable methods to reduce, prevent, and control air pollution.

The legislature recognizes that the problems and effects of air pollution cross political 

boundaries, are frequently regional or interjurisdictional in nature, and are dependent upon the 

existence of human activity in areas having common topography and weather conditions 

conducive to the buildup of air contaminants. In addition, the legislature recognizes that air 

pollution levels are aggravated and compounded by increased population, and its consequences. 

These changes often result in increasingly serious problems for the public and the environment.

The legislature further recognizes that air emissions from thousands of small individual sources 

are major contributors to air pollution in many regions of the state. As the population of a region 

grows, small sources may contribute an increasing proportion of that region's total air emissions. 

It is declared to be the policy of the state to achieve significant reductions in emissions from 

those small sources whose aggregate emissions constitute a significant contribution to air 

pollution in a particular region.

It is the intent of the legislature that air pollution goals be incorporated in the missions and 

actions of state agencies. 

[1991 c 199 § 102; 1973 1st ex.s. c 193 § 1; 1969 ex.s. c 168 § 1; 1967 c 238 § 1.]

Notes:

Finding -- 1991 c 199: "The legislature finds that ambient air pollution is the most serious 

environmental threat in Washington state. Air pollution causes significant harm to human health; 

damages the environment, including trees, crops, and animals; causes deterioration of equipment 

and materials; contributes to water pollution; and degrades the quality of life.

Over three million residents of Washington state live where air pollution levels are considered 

unhealthful. Of all toxic chemicals released into the environment more than half enter our 

breathing air. Citizens of Washington state spend hundreds of millions of dollars annually to 

offset health, environmental, and material damage caused by air pollution. The legislature 

considers such air pollution levels, costs, and damages to be unacceptable.

It is the intent of this act that the implementation of programs and regulations to control air 

pollution shall be the primary responsibility of the department of ecology and local air pollution 

control authorities." [1991 c 199 § 101.] 

Alternative fuel and solar powered vehicles -- 1991 c 199: "The department of ecology shall 

contract with Western Washington University for the biennium ending June 30, 1993, for 

research and development of alternative fuel and solar powered vehicles. A report on the 

progress of such research shall be presented to the standing environmental committees and the 

department by January 1, 1994." [1991 c 199 § 230.]
April 2014

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RCW 70.94.081

Powers and duties of authorities.

An activated authority shall be deemed a municipal corporation; have right to perpetual 

succession; adopt and use a seal; may sue and be sued in the name of the authority in all courts 

and in all proceedings; and, may receive, account for, and disburse funds, employ personnel, and 

acquire or dispose of any interest in real or personal property within or without the authority in 

the furtherance of its purposes. 

[1969 ex.s. c 168 § 6; 1967 c 238 § 14.]

http://apps.leg.wa.gov/RCW/default.aspx?cite=70.94.100

RCW 70.94.100

Air pollution control authority — Board of directors — Composition — Term.

(1) The governing body of each authority shall be known as the board of directors.

(2)(a) In the case of an authority comprised of one county, with a population of less than four 

hundred thousand people, the board shall be comprised of two appointees of the city selection 

committee, at least one of whom shall represent the city having the most population in the 

county, and two representatives to be designated by the board of county commissioners.

(b) In the case of an authority comprised of one county, with a population of equal to or greater 

than four hundred thousand people, the board shall be comprised of three appointees of cities, 

one each from the two cities with the most population in the county and one appointee of the city 

selection committee representing the other cities, and one representative to be designated by the 

board of county commissioners.

(c) In the case of an authority comprised of two, three, four, or five counties, the board shall be 

comprised of one appointee from each county, who shall represent the city having the most 

population in such county, to be designated by the mayor and city council of such city, and one 

representative from each county to be designated by the board of county commissioners of each 

county making up the authority.

(d) In the case of an authority comprised of six or more counties, the board shall be comprised of 

one representative from each county to be designated by the board of county commissioners of 

each county making up the authority, and three appointees, one each from the three largest cities 

within the local authority's jurisdiction to be appointed by the mayor and city council of such 

city.

(3) If the board of an authority otherwise would consist of an even number, the members selected 

as above provided shall agree upon and elect an additional member who shall be:
April 2014

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(a) In the case of an authority comprised of one county with a population of equal to or greater 

than four hundred thousand people, a citizen residing in the county who demonstrates significant 

professional experience in the field of public health, air quality protection, or meteorology; or

(b) In the case of an authority comprised of one county, with a population less than four hundred 

thousand people, or of more than one county, either a member of the governing body of one of 

the towns, cities or counties comprising the authority, or a private citizen residing in the 

authority.

(4) The terms of office of board members shall be four years.

(5) If an appointee is unable to complete his or her term as a board member, the vacancy for that 

office must be filled by the same method as the original appointment, except for the appointment 

by the city selection committee, which must use the method in RCW 70.94.120(1) for 

replacements. The person appointed as a replacement will serve the remainder of the term for 

that office.

(6) Wherever a member of a board has a potential conflict of interest in an action before the 

board, the member shall declare to the board the nature of the potential conflict prior to 

participating in the action review. The board shall, if the potential conflict of interest, in the 

judgment of a majority of the board, may prevent the member from a fair and objective review of 

the case, remove the member from participation in the action. 

[2009 c 254 § 1; 2006 c 227 § 1; 1991 c 199 § 704; 1989 c 150 § 1; 1969 ex.s. c 168 § 13; 1967 c 

238 § 21; 1957 c 232 § 10.]

Notes:

Finding -- 1991 c 199: See note following RCW 70.94.011. 

http://apps.leg.wa.gov/RCW/default.aspx?cite=70.94.141

RCW 70.94.141

Air pollution control authority — Powers and duties of activated authority.

The board of any activated authority in addition to any other powers vested in them by law, shall 

have power to:

(1) Adopt, amend and repeal its own rules and regulations, implementing this chapter and 

consistent with it, after consideration at a public hearing held in accordance with chapter 42.30

RCW. Rules and regulations shall also be adopted in accordance with the notice and adoption 

procedures set forth in RCW 34.05.320, those provisions of RCW 34.05.325 that are not in 

conflict with chapter 42.30 RCW, and with the procedures of RCW 34.05.340, *34.05.355

through 34.05.380, and with chapter 34.08 RCW, except that rules shall not be published in the 

Washington Administrative Code. Judicial review of rules adopted by an authority shall be in 

accordance with Part V of chapter 34.05 RCW. An air pollution control authority shall not be 

deemed to be a state agency.
April 2014

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(2) Hold hearings relating to any aspect of or matter in the administration of this chapter not 

prohibited by the provisions of chapter 62, Laws of 1970 ex. sess. and in connection therewith 

issue subpoenas to compel the attendance of witnesses and the production of evidence, 

administer oaths and take the testimony of any person under oath.

(3) Issue such orders as may be necessary to effectuate the purposes of this chapter and enforce 

the same by all appropriate administrative and judicial proceedings subject to the rights of appeal 

as provided in chapter 62, Laws of 1970 ex. sess.

(4) Require access to records, books, files and other information specific to the control, recovery 

or release of air contaminants into the atmosphere.

(5) Secure necessary scientific, technical, administrative and operational services, including 

laboratory facilities, by contract or otherwise.

(6) Prepare and develop a comprehensive plan or plans for the prevention, abatement and control 

of air pollution within its jurisdiction.

(7) Encourage voluntary cooperation by persons or affected groups to achieve the purposes of 

this chapter.

(8) Encourage and conduct studies, investigation and research relating to air pollution and its 

causes, effects, prevention, abatement and control.

(9) Collect and disseminate information and conduct educational and training programs relating 

to air pollution.

(10) Advise, consult, cooperate and contract with agencies and departments and the educational 

institutions of the state, other political subdivisions, industries, other states, interstate or 

interlocal agencies, and the United States government, and with interested persons or groups.

(11) Consult, upon request, with any person proposing to construct, install, or otherwise acquire 

an air contaminant source or device or system for the control thereof, concerning the efficacy of 

such device or system, or the air pollution problems which may be related to the source, device 

or system. Nothing in any such consultation shall be construed to relieve any person from 

compliance with this chapter, ordinances, resolutions, rules and regulations in force pursuant 

thereto, or any other provision of law.

(12) Accept, receive, disburse and administer grants or other funds or gifts from any source, 

including public and private agencies and the United States government for the purpose of 

carrying out any of the functions of this chapter. 

[1991 c 199 § 706; 1970 ex.s. c 62 § 56; 1969 ex.s. c 168 § 16; 1967 c 238 § 25.]

Notes:

*Reviser's note: RCW 34.05.355 was repealed by 1995 c 403 § 305. 
April 2014

41

Finding -- 1991 c 199: See note following RCW 70.94.011. 

Savings -- Effective date -- Severability -- 1970 ex.s. c 62: See notes following RCW 

43.21A.010.

http://apps.leg.wa.gov/RCW/default.aspx?cite=70.94.151

RCW 70.94.151

Classification of air contaminant sources — Registration — Fee — Registration program 

defined — Adoption of rules requiring persons to report emissions of greenhouse gases.

(1) The board of any activated authority or the department, may classify air contaminant sources, 

by ordinance, resolution, rule or regulation, which in its judgment may cause or contribute to air 

pollution, according to levels and types of emissions and other characteristics which cause or 

contribute to air pollution, and may require registration or reporting or both for any such class or 

classes. Classifications made pursuant to this section may be for application to the area of 

jurisdiction of such authority, or the state as a whole or to any designated area within the 

jurisdiction, and shall be made with special reference to effects on health, economic and social 

factors, and physical effects on property.

(2) Except as provided in subsection (3) of this section, any person operating or responsible for 

the operation of air contaminant sources of any class for which the ordinances, resolutions, rules 

or regulations of the department or board of the authority, require registration or reporting shall 

register therewith and make reports containing information as may be required by such 

department or board concerning location, size and height of contaminant outlets, processes 

employed, nature of the contaminant emission and such other information as is relevant to air 

pollution and available or reasonably capable of being assembled. In the case of emissions of 

greenhouse gases as defined in RCW 70.235.010 the department shall adopt rules requiring 

reporting of those emissions. The department or board may require that such registration or 

reporting be accompanied by a fee, and may determine the amount of such fee for such class or 

classes: PROVIDED, That the amount of the fee shall only be to compensate for the costs of 

administering such registration or reporting program which shall be defined as initial registration 

and annual or other periodic reports from the source owner providing information directly related 

to air pollution registration, on-site inspections necessary to verify compliance with registration 

requirements, data storage and retrieval systems necessary for support of the registration 

program, emission inventory reports and emission reduction credits computed from information 

provided by sources pursuant to registration program requirements, staff review, including 

engineering or other reliable analysis for accuracy and currentness, of information provided by 

sources pursuant to registration program requirements, clerical and other office support provided 

in direct furtherance of the registration program, and administrative support provided in directly 

carrying out the registration program: PROVIDED FURTHER, That any such registration made 

with either the board or the department shall preclude a further registration and reporting with 

any other board or the department, except that emissions of greenhouse gases as defined in RCW 

70.235.010 must be reported as required under subsection (5) of this section.

All registration program and reporting fees collected by the department shall be deposited in the 

air pollution control account. All registration program fees collected by the local air authorities 
April 2014

42

shall be deposited in their respective treasuries.

(3) If a registration or report has been filed for a grain warehouse or grain elevator as required 

under this section, registration, reporting, or a registration program fee shall not, after January 1, 

1997, again be required under this section for the warehouse or elevator unless the capacity of

the warehouse or elevator as listed as part of the license issued for the facility has been increased 

since the date the registration or reporting was last made. If the capacity of the warehouse or 

elevator listed as part of the license is increased, any registration or reporting required for the 

warehouse or elevator under this section must be made by the date the warehouse or elevator 

receives grain from the first harvest season that occurs after the increase in its capacity is listed 

in the license.

This subsection does not apply to a grain warehouse or grain elevator if the warehouse or 

elevator handles more than ten million bushels of grain annually.

(4) For the purposes of subsection (3) of this section:

(a) A "grain warehouse" or "grain elevator" is an establishment classified in standard industrial 

classification (SIC) code 5153 for wholesale trade for which a license is required and includes, 

but is not limited to, such a licensed facility that also conducts cleaning operations for grain; 

(b) A "license" is a license issued by the department of agriculture licensing a facility as a grain 

warehouse or grain elevator under chapter 22.09 RCW or a license issued by the federal 

government licensing a facility as a grain warehouse or grain elevator for purposes similar to 

those of licensure for the facility under chapter 22.09 RCW; and

(c) "Grain" means a grain or a pulse.

(5)(a) The department shall adopt rules requiring persons to report emissions of greenhouse 

gases as defined in RCW 70.235.010 where those emissions from a single facility, source, or site, 

or from fossil fuels sold in Washington by a single supplier meet or exceed ten thousand metric 

tons of carbon dioxide equivalent annually. The department may phase in the requirement to 

report greenhouse gas emissions until the reporting threshold in this subsection is met, which 

must occur by January 1, 2012. In addition, the rules must require that:

(i) Emissions of greenhouse gases resulting from the combustion of fossil fuels be reported 

separately from emissions of greenhouse gases resulting from the combustion of biomass;

(ii) Reporting will start in 2010 for 2009 emissions. Each annual report must include emissions 

data for the preceding calendar year and must be submitted to the department by October 31st of 

the year in which the report is due. However, starting in 2011, a person who is required to report 

greenhouse gas emissions to the United States environmental protection agency under 40 C.F.R. 

Part 98, as adopted on September 22, 2009, must submit the report required under this section to 

the department concurrent with the submission to the United States environmental protection 

agency. Except as otherwise provided in this section, the data for emissions in Washington and 

any corrections thereto that are reported to the United States environmental protection agency 
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must be the emissions data reported to the department; and

(iii) Emissions of carbon dioxide associated with the complete combustion or oxidation of liquid 

motor vehicle fuel, special fuel, or aircraft fuel that is sold in Washington where the annual 

emissions associated with that combustion or oxidation equal or exceed ten thousand metric tons 

be reported to the department. Each person who is required to file periodic tax reports of motor 

vehicle fuel sales under *RCW 82.36.031 or special fuel sales under **RCW 82.38.150, or each 

distributor of aircraft fuel required to file periodic tax reports under ***RCW 82.42.040 must 

report to the department the annual emissions of carbon dioxide from the complete combustion 

or oxidation of the fuels listed in those reports as sold in the state of Washington. The department 

shall not require suppliers to use additional data to calculate greenhouse gas emissions other than 

the data the suppliers report to the department of licensing. The rules may allow this information 

to be aggregated when reported to the department. The department and the department of 

licensing shall enter into an interagency agreement to ensure proprietary and confidential 

information is protected if the departments share reported information. Any proprietary or 

confidential information exempt from disclosure when reported to the department of licensing is 

exempt from disclosure when shared by the department of licensing with the department under 

this provision.

(b)(i) Except as otherwise provided in this subsection, the rules adopted by the department under 

(a) of this subsection must be consistent with the regulations adopted by the United States 

environmental protection agency in 40 C.F.R. Part 98 on September 22, 2009.

(ii) The department may by rule include additional gases to the definition of "greenhouse gas" in 

RCW 70.235.010 only if the gas has been designated as a greenhouse gas by the United States 

congress or by the United States environmental protection agency. Prior to including additional 

gases to the definition of "greenhouse gas" in RCW 70.235.010, the department shall notify the 

appropriate committees of the legislature. Decisions to amend the rule to include additional gases 

must be made prior to December 1st of any year and the amended rule may not take effect before 

the end of the regular legislative session in the next year.

(iii) The department may by rule exempt persons who are required to report greenhouse gas 

emissions to the United States environmental protection agency and who emit less than ten 

thousand metric tons carbon dioxide equivalent annually.

(iv) The department must establish a methodology for persons who are not required to report 

under this section to voluntarily report their greenhouse gas emissions.

(c) The department shall review and if necessary update its rules whenever the United States 

environmental protection agency adopts final amendments to 40 C.F.R. Part 98 to ensure 

consistency with federal reporting requirements for emissions of greenhouse gases. However, the 

department shall not amend its rules in a manner that conflicts with (a) of this subsection.

(d) The department shall share any reporting information reported to it with the local air 

authority in which the person reporting under the rules adopted by the department operates.
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(e) The fee provisions in subsection (2) of this section apply to reporting of emissions of 

greenhouse gases. Persons required to report under (a) of this subsection who fail to report or pay 

the fee required in subsection (2) of this section are subject to enforcement penalties under this 

chapter. The department shall enforce the reporting rule requirements unless it approves a local 

air authority's request to enforce the requirements for persons operating within the authority's 

jurisdiction. However, neither the department nor a local air authority approved under this 

section are authorized to assess enforcement penalties on persons required to report under (a) of 

this subsection until six months after the department adopts its reporting rule in 2010.

(f) The energy facility site evaluation council shall, simultaneously with the department, adopt 

rules that impose greenhouse gas reporting requirements in site certifications on owners or 

operators of a facility permitted by the energy facility site evaluation council. The greenhouse 

gas reporting requirements imposed by the energy facility site evaluation council must be the 

same as the greenhouse gas reporting requirements imposed by the department. The department 

shall share any information reported to it from facilities permitted by the energy facility site 

evaluation council with the council, including notice of a facility that has failed to report as 

required. The energy facility site evaluation council shall contract with the department to monitor 

the reporting requirements adopted under this section.

(g) The inclusion or failure to include any person, source, classes of persons or sources, or types 

of emissions of greenhouse gases into the department's rules for reporting under this section does 

not indicate whether such a person, source, or category is appropriate for inclusion in state, 

regional, or national greenhouse gas reduction programs or strategies. Furthermore, aircraft fuel 

purchased in the state may not be considered equivalent to aircraft fuel combusted in the state.

(h)(i) The definitions in RCW 70.235.010 apply throughout this subsection (5) unless the context 

clearly requires otherwise.

(ii) For the purpose of this subsection (5), the term "supplier" includes: (A) A motor vehicle fuel 

supplier or a motor vehicle fuel importer, as those terms are defined in *RCW 82.36.010; (B) a 

special fuel supplier or a special fuel importer, as those terms are defined in ****RCW 

82.38.020; and (C) a distributor of aircraft fuel, as those terms are defined in RCW 82.42.010.

(iii) For the purpose of this subsection (5), the term "person" includes: (A) An owner or operator, 

as those terms are defined by the United States environmental protection agency in its mandatory 

greenhouse gas reporting regulation in 40 C.F.R. Part 98, as adopted on September 22, 2009; and 

(B) a supplier. 

[2010 c 146 § 2; 2008 c 14 § 5; 2005 c 138 § 1; 1997 c 410 § 1; 1993 c 252 § 3; 1987 c 109 § 37; 

1984 c 88 § 2; 1969 ex.s. c 168 § 19; 1967 c 238 § 28.]

Notes:

Reviser's note: *(1) Chapter 82.36 RCW was repealed in its entirety by 2013 c 225 § 501, 

effective July 1, 2015.
April 2014

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**(2) RCW 82.38.150 was amended by 2013 c 225 § 116, deleting the term "special fuel," 

effective July 1, 2015.

***(3) RCW 82.42.040 was amended by 2013 c 225 § 304, removing the requirement of 

"periodic tax reports," effective July 1, 2015. See RCW 82.42.140.

****(4) RCW 82.38.020 was amended by 2013 c 225 § 102, deleting the definitions of "special 

fuel supplier" and "special fuel importer," effective July 1, 2015. 

Findings -- Intent -- Scope of chapter 14, Laws of 2008 -- Severability -- 2008 c 14: See 

RCW 70.235.005, 70.235.900, and 70.235.901. 

Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 c 109: See 

notes following RCW 43.21B.001. 

http://apps.leg.wa.gov/RCW/default.aspx?cite=70.94.152

RCW 70.94.152

Notice may be required of construction of proposed new contaminant source — Submission of 

plans — Approval, disapproval — Emission control — "De minimis new sources" defined.

(1) The department of ecology or board of any authority may require notice of the establishment 

of any proposed new sources except single-family and duplex dwellings or de minimis new 

sources as defined in rules adopted under subsection (11) of this section. The department of 

ecology or board may require such notice to be accompanied by a fee and determine the amount 

of such fee: PROVIDED, That the amount of the fee may not exceed the cost of reviewing the 

plans, specifications, and other information and administering such notice: PROVIDED 

FURTHER, That any such notice given or notice of construction application submitted to either 

the board or to the department of ecology shall preclude a further submittal of a duplicate 

application to any board or to the department of ecology.

(2) The department shall, after opportunity for public review and comment, adopt rules that 

establish a workload-driven process for determination and review of the fee covering the direct 

and indirect costs of processing a notice of construction application and a methodology for 

tracking revenues and expenditures. All new source fees collected by the delegated local air 

authorities from sources shall be deposited in the dedicated accounts of their respective 

treasuries. All new source fees collected by the department from sources shall be deposited in the 

air pollution control account.

(3) Within thirty days of receipt of a notice of construction application, the department of 

ecology or board may require, as a condition precedent to the establishment of the new source or 

sources covered thereby, the submission of plans, specifications, and such other information as it 

deems necessary to determine whether the proposed new source will be in accord with applicable 

rules and regulations in force under this chapter. If on the basis of plans, specifications, or other

information required under this section the department of ecology or board determines that the 

proposed new source will not be in accord with this chapter or the applicable ordinances, 
April 2014

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resolutions, rules, and regulations adopted under this chapter, it shall issue an order denying 

permission to establish the new source. If on the basis of plans, specifications, or other 

information required under this section, the department of ecology or board determines that the 

proposed new source will be in accord with this chapter, and the applicable rules and regulations 

adopted under this chapter, it shall issue an order of approval for the establishment of the new 

source or sources, which order may provide such conditions as are reasonably necessary to 

assure the maintenance of compliance with this chapter and the applicable rules and regulations 

adopted under this chapter. Every order of approval under this chapter must be reviewed prior to 

issuance by a professional engineer or staff under the supervision of a professional engineer in 

the employ of the department of ecology or board.

(4) The determination required under subsection (3) of this section shall include a determination 

of whether the operation of the new air contaminant source at the location proposed will cause 

any ambient air quality standard to be exceeded.

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

to be modified and the air contaminants whose emissions would increase as a result of the 

modification.

(6) Nothing in this section shall be construed to authorize the department of ecology or board to 

require the use of emission control equipment or other equipment, machinery, or devices of any 

particular type, from any particular supplier, or produced by any particular manufacturer.

(7) Any features, machines, and devices constituting parts of or called for by plans, 

specifications, or other information submitted pursuant to subsection (1) or (3) of this section 

shall be maintained and operate in good working order.

(8) The absence of an ordinance, resolution, rule, or regulation, or the failure to issue an order 

pursuant to this section shall not relieve any person from his or her obligation to comply with 

applicable emission control requirements or with any other provision of law.

(9) Within thirty days of receipt of a notice of construction application the department of ecology 

or board shall either notify the applicant in writing that the application is complete or notify the 

applicant in writing of all additional information necessary to complete the application. Within 

sixty days of receipt of a complete application the department or board shall either (a) issue a 

final decision on the application, or (b) for those projects subject to public notice, initiate notice 

and comment on a proposed decision, followed as promptly as possible by a final decision. A 

person seeking approval to construct or modify a source that requires an operating permit may 

elect to integrate review of the operating permit application or amendment required by RCW 

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

construction application designated for integrated review shall be processed in accordance with 

operating permit program procedures and deadlines.

(10) A notice of construction approval required under subsection (3) of this section shall include 

a determination that the new source will achieve best available control technology. If more 
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stringent controls are required under federal law, the notice of construction shall include a 

determination that the new source will achieve the more stringent federal requirements. Nothing 

in this subsection is intended to diminish other state authorities under this chapter.

(11) No person is required to submit a notice of construction or receive approval for a new 

source that is deemed by the department of ecology or board to have de minimis impact on air 

quality. The department of ecology shall adopt and periodically update rules identifying 

categories of de minimis new sources. The department of ecology may identify de minimis new 

sources by category, size, or emission thresholds.

(12) For purposes of this section, "de minimis new sources" means new sources with trivial 

levels of emissions that do not pose a threat to human health or the environment. 

[1996 c 67 § 1; 1996 c 29 § 1; 1993 c 252 § 4; 1991 c 199 § 302; 1973 1st ex.s. c 193 § 2; 1969 

ex.s. c 168 § 20; 1967 c 238 § 29.]

Notes:

Reviser's note: This section was amended by 1996 c 29 § 1 and by 1996 c 67 § 1, each without 

reference to the other. Both amendments are incorporated in the publication of this section under 

RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). 

Finding -- 1991 c 199: See note following RCW 70.94.011. 

Use of emission credits to be consistent with new source review program: RCW 70.94.850. 

http://apps.leg.wa.gov/RCW/default.aspx?cite=70.94.153

RCW 70.94.153

Existing stationary source — Replacement or substantial alteration of emission control 

technology.

Any person proposing to replace or substantially alter the emission control technology installed 

on an existing stationary source emission unit shall file a notice of construction application with 

the jurisdictional permitting authority. For projects not otherwise reviewable under RCW 

70.94.152, the permitting authority may (1) require that the owner or operator employ reasonably 

available control technology for the affected emission unit and (2) may prescribe reasonable 

operation and maintenance conditions for the control equipment. Within thirty days of receipt of 

an application for notice of construction under this section the permitting authority shall either 

notify the applicant in writing that the application is complete or notify the applicant in writing 

of all additional information necessary to complete the application. Within thirty days of receipt 

of a complete application the permitting authority shall either issue an order of approval or a

proposed RACT determination for the proposed project. Construction shall not commence on a 

project subject to review under this section until the permitting authority issues a final order of 

approval. However, any notice of construction application filed under this section shall be 

deemed to be approved without conditions if the permitting authority takes no action within 

thirty days of receipt of a complete application for a notice of construction. 
April 2014

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[1991 c 199 § 303.]

Notes:

Finding -- 1991 c 199: See note following RCW 70.94.011.

http://apps.leg.wa.gov/RCW/default.aspx?cite=70.94.161

 

 RCW 70.94.161

 Operating permits for air contaminant sources — Generally — Fees, report to legislature.

The department of ecology, or board of an authority, shall require renewable permits for the 

operation of air contaminant sources subject to the following conditions and limitations:

(1) Permits shall be issued for a term of five years. A permit may be modified or amended during 

its term at the request of the permittee, or for any reason allowed by the federal clean air act. The 

rules adopted pursuant to subsection (2) of this section shall include rules for permit amendments 

and modifications. The terms and conditions of a permit shall remain in effect after the permit 

itself expires if the permittee submits a timely and complete application for permit renewal.

(2)(a) Rules establishing the elements for a statewide operating permit program and the process 

for permit application and renewal consistent with federal requirements shall be established by 

the department by January 1, 1993. The rules shall provide that every proposed permit must be 

reviewed prior to issuance by a professional engineer or staff under the direct supervision of a 

professional engineer in the employ of the permitting authority. The permit program established 

by these rules shall be administered by the department and delegated local air authorities. Rules 

developed under this subsection shall not preclude a delegated local air authority from including 

in a permit its own more stringent emission standards and operating restrictions.

(b) The board of any local air pollution control authority may apply to the department of ecology 

for a delegation order authorizing the local authority to administer the operating permit program 

for sources under that authority's jurisdiction. The department shall, by order, approve such 

delegation, if the department finds that the local authority has the technical and financial 

resources, to discharge the responsibilities of a permitting authority under the federal clean air 

act. A delegation request shall include adequate information about the local authority's resources 

to enable the department to make the findings required by this subsection. However, any 

delegation order issued under this subsection shall take effect ninety days after the environmental 

protection agency authorizes the local authority to issue operating permits under the federal clean 

air act.

(c) Except for the authority granted the energy facility site evaluation council to issue permits for 

the new construction, reconstruction, or enlargement or operation of new energy facilities under 

chapter 80.50 RCW, the department may exercise the authority, as delegated by the 

environmental protection agency, to administer Title IV of the federal clean air act as amended 

and to delegate such administration to local authorities as applicable pursuant to (b) of this 

subsection.
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(3) In establishing technical standards, defined in RCW 70.94.030, the permitting authority shall 

consider and, if found to be appropriate, give credit for waste reduction within the process.

(4) Operating permits shall apply to all sources (a) where required by the federal clean air act, 

and (b) for any source that may cause or contribute to air pollution in such quantity as to create a 

threat to the public health or welfare. Subsection (b) of this subsection is not intended to apply to 

small businesses except when both of the following limitations are satisfied: (i) The source is in 

an area exceeding or threatening to exceed federal or state air quality standards; and (ii) the 

department provides a reasonable justification that requiring a source to have a permit is 

necessary to meet a federal or state air quality standard, or to prevent exceeding a standard in an 

area threatening to exceed the standard. For purposes of this subsection "areas threatening to 

exceed air quality standards" shall mean areas projected by the department to exceed such 

standards within five years. Prior to identifying threatened areas the department shall hold a 

public hearing or hearings within the proposed areas.

(5) Sources operated by government agencies are not exempt under this section.

(6) Within one hundred eighty days after the United States environmental protection agency 

approves the state operating permit program, a person required to have a permit shall submit to 

the permitting authority a compliance plan and permit application, signed by a responsible 

official, certifying the accuracy of the information submitted. Until permits are issued, existing 

sources shall be allowed to operate under presently applicable standards and conditions provided 

that such sources submit complete and timely permit applications.

(7) All draft permits shall be subject to public notice and comment. The rules adopted pursuant 

to subsection (2) of this section shall specify procedures for public notice and comment. Such 

procedures shall provide the permitting agency with an opportunity to respond to comments 

received from interested parties prior to the time that the proposed permit is submitted to the 

environmental protection agency for review pursuant to section 505(a) of the federal clean air 

act. In the event that the environmental protection agency objects to a proposed permit pursuant 

to section 505(b) of the federal clean air act, the permitting authority shall not issue the permit, 

unless the permittee consents to the changes required by the environmental protection agency.

(8) The procedures contained in chapter 43.21B RCW shall apply to permit appeals. The 

pollution control hearings board may stay the effectiveness of any permit issued under this 

section during the pendency of an appeal filed by the permittee, if the permittee demonstrates 

that compliance with the permit during the pendency of the appeal would require significant 

expenditures that would not be necessary in the event that the permittee prevailed on the merits 

of the appeal.

(9) After the effective date of any permit program promulgated under this section, it shall be 

unlawful for any person to: (a) Operate a permitted source in violation of any requirement of a 

permit issued under this section; or (b) fail to submit a permit application at the time required by 

rules adopted under subsection (2) of this section.
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(10) Each air operating permit shall state the origin of and specific legal authority for each 

requirement included therein. Every requirement in an operating permit shall be based upon the 

most stringent of the following requirements:

(a) The federal clean air act and rules implementing that act, including provision of the approved 

state implementation plan;

(b) This chapter and rules adopted thereunder; 

(c) In permits issued by a local air pollution control authority, the requirements of any order or 

regulation adopted by that authority;

(d) Chapter 70.98 RCW and rules adopted thereunder; and

(e) Chapter 80.50 RCW and rules adopted thereunder.

(11) Consistent with the provisions of the federal clean air act, the permitting authority may issue 

general permits covering categories of permitted sources, and temporary permits authorizing 

emissions from similar operations at multiple temporary locations.

(12) Permit program sources within the territorial jurisdiction of an authority delegated the 

operating permit program shall file their permit applications with that authority, except that 

permit applications for sources regulated on a statewide basis pursuant to RCW 70.94.395 shall 

be filed with the department. Permit program sources outside the territorial jurisdiction of a 

delegated authority shall file their applications with the department. Permit program sources 

subject to chapter 80.50 RCW shall, irrespective of their location, file their applications with the 

energy facility site evaluation council.

(13) When issuing operating permits to coal-fired electric generating plants, the permitting 

authority shall establish requirements consistent with Title IV of the federal clean air act.

(14)(a) The department and the local air authorities are authorized to assess and to collect, and 

each source emitting one hundred tons or more per year of a regulated pollutant shall pay an 

interim assessment to fund the development of the operating permit program during fiscal year 

1994.

(b) The department shall conduct a workload analysis and prepare an operating permit program 

development budget for fiscal year 1994. The department shall allocate among all sources 

emitting one hundred tons or more per year of a regulated pollutant during calendar year 1992 

the costs identified in its program development budget according to a three-tiered model, with 

each of the three tiers being equally weighted, based upon:

(i) The number of sources;

(ii) The complexity of sources; and
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(iii) The size of sources, as measured by the quantity of each regulated pollutant emitted by the 

source.

(c) Each local authority and the department shall collect from sources under their respective 

jurisdictions the interim fee determined by the department and shall remit the fee to the 

department.

(d) Each local authority may, in addition, allocate its fiscal year 1994 operating permit program 

development costs among the sources under its jurisdiction emitting one hundred tons or more 

per year of a regulated pollutant during calendar year 1992 and may collect an interim fee from 

these sources. A fee assessed pursuant to this subsection (14)(d) shall be collected at the same 

time as the fee assessed pursuant to (c) of this subsection.

(e) The fees assessed to a source under this subsection shall be limited to the first seven thousand 

five hundred tons for each regulated pollutant per year.

(15)(a) The department shall determine the persons liable for the fee imposed by subsection (14) 

of this section, compute the fee, and provide by November 1, 1993, the identity of the fee payer 

with the computation of the fee to each local authority and to the department of revenue for 

collection. The department of revenue shall collect the fee computed by the department from the 

fee payers under the jurisdiction of the department. The administrative, collection, and penalty 

provisions of chapter 82.32 RCW shall apply to the collection of the fee by the department of 

revenue. The department shall provide technical assistance to the department of revenue for 

decisions made by the department of revenue pursuant to RCW 82.32.160 and 82.32.170. All 

interim fees collected by the department of revenue on behalf of the department and all interim 

fees collected by local authorities on behalf of the department shall be deposited in the air 

operating permit account. The interim fees collected by the local air authorities to cover their 

permit program development costs under subsection (14)(d) of this section shall be deposited in 

the dedicated accounts of their respective treasuries.

(b) All fees identified in this section shall be due and payable on March 1, 1994, except that the 

local air pollution control authorities may adopt by rule an earlier date on which fees are to be 

due and payable. The section 5, chapter 252, Laws of 1993 amendments to RCW 70.94.161 do 

not have the effect of terminating, or in any way modifying, any liability, civil or criminal, 

incurred pursuant to the provisions of RCW 70.94.161 (15) and (17) as they existed prior to July 

25, 1993.

(16) For sources or source categories not required to obtain permits under subsection (4) of this 

section, the department or local authority may establish by rule control technology requirements. 

If control technology rule revisions are made by the department or local authority under this 

subsection, the department or local authority shall consider the remaining useful life of control 

equipment previously installed on existing sources before requiring technology changes. The 

department or any local air authority may issue a general permit, as authorized under the federal 

clean air act, for such sources.

(17) Emissions of greenhouse gases as defined in RCW 70.235.010 must be reported as required 
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by RCW 70.94.151. The reporting provisions of RCW 70.94.151 shall not apply to any other 

emissions from any permit program source after the effective date of United States 

environmental protection agency approval of the state operating permit program. 

[2008 c 14 § 6; 1993 c 252 § 5; 1991 c 199 § 301.]

Notes:

Findings -- Intent -- Scope of chapter 14, Laws of 2008 -- Severability -- 2008 c 14: See 

RCW 70.235.005, 70.235.900, and 70.235.901. 

Finding -- 1991 c 199: See note following RCW 70.94.011. 

Air operating permit account: RCW 70.94.015. 

http://apps.leg.wa.gov/RCW/default.aspx?cite=70.94.162

RCW 70.94.162

Annual fees from operating permit program source to cover cost of program.

(1) The department and delegated local air authorities are authorized to determine, assess, and 

collect, and each permit program source shall pay, annual fees sufficient to cover the direct and 

indirect costs of implementing a state operating permit program approved by the United States 

environmental protection agency under the federal clean air act. However, a source that receives 

its operating permit from the United States environmental protection agency shall not be 

considered a permit program source so long as the environmental protection agency continues to 

act as the permitting authority for that source. Each permitting authority shall develop by rule a 

fee schedule allocating among its permit program sources the costs of the operating permit 

program, and may, by rule, establish a payment schedule whereby periodic installments of the 

annual fee are due and payable more frequently. All operating permit program fees collected by 

the department shall be deposited in the air operating permit account. All operating permit 

program fees collected by the delegated local air authorities shall be deposited in their respective 

air operating permit accounts or other accounts dedicated exclusively to support of the operating 

permit program. The fees assessed under this subsection shall first be due not less than forty-five 

days after the United States environmental protection agency delegates to the department the 

authority to administer the operating permit program and then annually thereafter.

The department shall establish, by rule, procedures for administrative appeals to the department 

regarding the fee assessed pursuant to this subsection.

(2) The fee schedule developed by each permitting authority shall fully cover and not exceed 

both its permit administration costs and the permitting authority's share of statewide program 

development and oversight costs.

(a) Permit administration costs are those incurred by each permitting authority, including the 

department, in administering and enforcing the operating permit program with respect to sources 

under its jurisdiction. Costs associated with the following activities are fee eligible as these 
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activities relate to the operating permit program and to the sources permitted by a permitting 

authority, including, where applicable, sources subject to a general permit:

(i) Preapplication assistance and review of an application and proposed compliance plan for a 

permit, permit revision, or renewal;

(ii) Source inspections, testing, and other data-gathering activities necessary for the development 

of a permit, permit revision, or renewal;

(iii) Acting on an application for a permit, permit revision, or renewal, including the costs of 

developing an applicable requirement as part of the processing of a permit, permit revision, or 

renewal, preparing a draft permit and fact sheet, and preparing a final permit, but excluding the 

costs of developing BACT, LAER, BART, or RACT requirements for criteria and toxic air 

pollutants;

(iv) Notifying and soliciting, reviewing and responding to comment from the public and 

contiguous states and tribes, conducting public hearings regarding the issuance of a draft permit 

and other costs of providing information to the public regarding operating permits and the permit 

issuance process;

(v) Modeling necessary to establish permit limits or to determine compliance with permit limits;

(vi) Reviewing compliance certifications and emissions reports and conducting related 

compilation and reporting activities;

(vii) Conducting compliance inspections, complaint investigations, and other activities necessary 

to ensure that a source is complying with permit conditions;

(viii) Administrative enforcement activities and penalty assessment, excluding the costs of 

proceedings before the pollution control hearings board and all costs of judicial enforcement;

(ix) The share attributable to permitted sources of the development and maintenance of 

emissions inventories;

(x) The share attributable to permitted sources of ambient air quality monitoring and associated 

recording and reporting activities;

(xi) Training for permit administration and enforcement;

(xii) Fee determination, assessment, and collection, including the costs of necessary 

administrative dispute resolution and penalty collection;

(xiii) Required fiscal audits, periodic performance audits, and reporting activities;

(xiv) Tracking of time, revenues and expenditures, and accounting activities;
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(xv) Administering the permit program including the costs of clerical support, supervision, and 

management;

(xvi) Provision of assistance to small businesses under the jurisdiction of the permitting authority 

as required under section 507 of the federal clean air act; and

(xvii) Other activities required by operating permit regulations issued by the United States 

environmental protection agency under the federal clean air act.

(b) Development and oversight costs are those incurred by the department in developing and 

administering the state operating permit program, and in overseeing the administration of the 

program by the delegated local permitting authorities. Costs associated with the following 

activities are fee eligible as these activities relate to the operating permit program:

(i) Review and determinations necessary for delegation of authority to administer and enforce a 

permit program to a local air authority under RCW 70.94.161(2) and 70.94.860;

(ii) Conducting fiscal audits and periodic performance audits of delegated local authorities, and 

other oversight functions required by the operating permit program;

(iii) Administrative enforcement actions taken by the department on behalf of a permitting 

authority, including those actions taken by the department under RCW 70.94.785, but excluding 

the costs of proceedings before the pollution control hearings board and all costs of judicial 

enforcement;

(iv) Determination and assessment with respect to each permitting authority of the fees covering 

its share of the costs of development and oversight;

(v) Training and assistance for permit program administration and oversight, including training 

and assistance regarding technical, administrative, and data management issues;

(vi) Development of generally applicable regulations or guidance regarding the permit program 

or its implementation or enforcement;

(vii) State codification of federal rules or standards for inclusion in operating permits;

(viii) Preparation of delegation package and other activities associated with submittal of the state 

permit program to the United States environmental protection agency for approval, including 

ongoing coordination activities;

(ix) General administration and coordination of the state permit program, related support 

activities, and other agency indirect costs, including necessary data management and quality 

assurance;

(x) Required fiscal audits and periodic performance audits of the department, and reporting 

activities;
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(xi) Tracking of time, revenues and expenditures, and accounting activities;

(xii) Public education and outreach related to the operating permit program, including the 

maintenance of a permit register;

(xiii) The share attributable to permitted sources of compiling and maintaining emissions 

inventories;

(xiv) The share attributable to permitted sources of ambient air quality monitoring, related 

technical support, and associated recording activities;

(xv) The share attributable to permitted sources of modeling activities;

(xvi) Provision of assistance to small business as required under section 507 of the federal clean 

air act as it exists on July 25, 1993, or its later enactment as adopted by reference by the director 

by rule;

(xvii) Provision of services by the department of revenue and the office of the state attorney 

general and other state agencies in support of permit program administration;

(xviii) A one-time revision to the state implementation plan to make those administrative 

changes necessary to ensure coordination of the state implementation plan and the operating 

permit program; and

(xix) Other activities required by operating permit regulations issued by the United States 

environmental protection agency under the federal clean air act.

(3) The responsibility for operating permit fee determination, assessment, and collection is to be 

shared by the department and delegated local air authorities as follows:

(a) Each permitting authority, including the department, acting in its capacity as a permitting 

authority, shall develop a fee schedule and mechanism for collecting fees from the permit 

program sources under its jurisdiction; the fees collected by each authority shall be sufficient to 

cover its costs of permit administration and its share of the department's costs of development 

and oversight. Each delegated local authority shall remit to the department its share of the 

department's development and oversight costs.

(b) Only those local air authorities to whom the department has delegated the authority to 

administer the program pursuant to RCW 70.94.161(2) (b) and (c) and 70.94.860 shall have the 

authority to administer and collect operating permit fees. The department shall retain the 

authority to administer and collect such fees with respect to the sources within the jurisdiction of 

a local air authority until the effective date of program delegation to that air authority.

(c) The department shall allocate its development and oversight costs among all permitting 

authorities, including the department, in proportion to the number of permit program sources 
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under the jurisdiction of each authority, except that extraordinary costs or other costs readily 

attributable to a specific permitting authority may be assessed that authority. For purposes of this 

subsection, all sources covered by a single general permit shall be treated as one source.

(4) The department and each delegated local air authority shall adopt by rule a general permit fee 

schedule for sources under their respective jurisdictions after such time as the department adopts 

provisions for general permit issuance. Within ninety days of the time that the department adopts 

a general permit fee schedule, the department shall report to the relevant standing committees of 

the legislature regarding the general permit fee schedules adopted by the department and by the 

delegated local air authorities. The permit administration costs of each general permit shall be 

allocated equitably among only those sources subject to that general permit. The share of 

development and oversight costs attributable to each general permit shall be determined pursuant 

to subsection (3)(c) of this section.

(5) The fee schedule developed by the department shall allocate among the sources for whom the 

department acts as a permitting authority, other than sources subject to a general permit, those 

portions of the department's permit administration costs and the department's share of the 

development and oversight costs which the department does not plan to recover under its general 

permit fee schedule or schedules as follows:

(a) The department shall allocate its permit administration costs and its share of the development 

and oversight costs not recovered through general permit fees according to a three-tiered model 

based upon:

(i) The number of permit program sources under its jurisdiction;

(ii) The complexity of permit program sources under its jurisdiction; and

(iii) The size of permit program sources under its jurisdiction, as measured by the quantity of 

each regulated pollutant emitted by the source.

(b) Each of the three tiers shall be equally weighted.

(c) The department may, in addition, allocate activities-based costs readily attributable to a 

specific source to that source under RCW 70.94.152(1) and 70.94.154(7).

The quantity of each regulated pollutant emitted by a source shall be determined based on the 

annual emissions during the most recent calendar year for which data is available.

(6) The department shall, after opportunity for public review and comment, adopt rules that 

establish a process for development and review of its operating permit program fee schedule, a 

methodology for tracking program revenues and expenditures and, for both the department and 

the delegated local air authorities, a system of fiscal audits, reports, and periodic performance 

audits.

(a) The fee schedule development and review process shall include the following:
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(i) The department shall conduct a biennial workload analysis. The department shall provide the 

opportunity for public review of and comment on the workload analysis. The department shall 

review and update its workload analysis during each biennial budget cycle, taking into account 

information gathered by tracking previous revenues, time, and expenditures and other 

information obtained through fiscal audits and performance audits.

(ii) The department shall prepare a biennial budget based upon the resource requirements 

identified in the workload analysis for that biennium. In preparing the budget, the department 

shall take into account the projected operating permit account balance at the start of the 

biennium. The department shall provide the opportunity for public review of and comment on 

the proposed budget. The department shall review and update its budget each biennium.

(iii) The department shall develop a fee schedule allocating the department's permit 

administration costs and its share of the development and oversight costs among the department's 

permit program sources using the methodology described in subsection (5) of this section. The 

department shall provide the opportunity for public review of and comment on the allocation 

methodology and fee schedule. The department shall provide procedures for administrative 

resolution of disputes regarding the source data on which allocation determinations are based; 

these procedures shall be designed such that resolution occurs prior to the completion of the 

allocation process. The department shall review and update its fee schedule annually.

(b) The methodology for tracking revenues and expenditures shall include the following:

(i) The department shall develop a system for tracking revenues and expenditures that provides 

the maximum practicable information. At a minimum, revenues from fees collected under the 

operating permit program shall be tracked on a source-specific basis and time and expenditures 

required to administer the program shall be tracked on the basis of source categories and 

functional categories. Each general permit will be treated as a separate source category for 

tracking and accounting purposes.

(ii) The department shall use the information obtained from tracking revenues, time, and 

expenditures to modify the workload analysis required in subsection (6)(a) of this section.

(iii) The information obtained from tracking revenues, time, and expenditures shall not provide a 

basis for challenge to the amount of an individual source's fee.

(c) The system of fiscal audits, reports, and periodic performance audits shall include the 

following:

(i) The department and the delegated local air authorities shall prepare annual reports and shall 

submit the reports to, respectively, the appropriate standing committees of the legislature and the 

board of directors of the local air authority.

(ii) The department shall arrange for fiscal audits and routine performance audits and for periodic 

intensive performance audits of each permitting authority and of the department.
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(7) Each local air authority requesting delegation shall, after opportunity for public review and 

comment, publish regulations which establish a process for development and review of its 

operating permit program fee schedule, and a methodology for tracking its revenues and 

expenditures. These regulations shall be submitted to the department for review and approval as 

part of the local authority's delegation request.

(8) As used in this section and in RCW 70.94.161(14), "regulated pollutant" shall have the same 

meaning as defined in section 502(b) of the federal clean air act as it exists on July 25, 1993, or 

its later enactment as adopted by reference by the director by rule.

(9) Fee structures as authorized under this section shall remain in effect until such time as the 

legislature authorizes an alternative structure following receipt of the report required by this 

subsection. 

[1998 c 245 § 129; 1993 c 252 § 6.]

http://apps.leg.wa.gov/RCW/default.aspx?cite=70.94.200

RCW 70.94.200

Investigation of conditions by control officer or department — Entering private, public property.

For the purpose of investigating conditions specific to the control, recovery or release of air 

contaminants into the atmosphere, a control officer, the department, or their duly authorized 

representatives, shall have the power to enter at reasonable times upon any private or public 

property, excepting nonmultiple unit private dwellings housing two families or less. No person 

shall refuse entry or access to any control officer, the department, or their duly authorized 

representatives, who requests entry for the purpose of inspection, and who presents appropriate 

credentials; nor shall any person obstruct, hamper or interfere with any such inspection. 

[1987 c 109 § 38; 1979 c 141 § 121; 1967 c 238 § 32; 1957 c 232 § 20.]

Notes:

Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 c 109: See 

notes following RCW 43.21B.001.

http://apps.leg.wa.gov/RCW/default.aspx?cite=70.94.211

RCW 70.94.211

Enforcement actions by air authority — Notice to violators.

At least thirty days prior to the commencement of any formal enforcement action under RCW 

70.94.430 or 70.94.431 a local air authority shall cause written notice to be served upon the 

alleged violator or violators. The notice shall specify the provision of this chapter or the rule or 

regulation alleged to be violated, and the facts alleged to constitute a violation thereof, and may 

include an order directing that necessary corrective action be taken within a reasonable time. In 

lieu of an order, the board or the control officer may require that the alleged violator or violators 
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appear before the board for a hearing. Every notice of violation shall offer to the alleged violator 

an opportunity to meet with the local air authority prior to the commencement of enforcement 

action. 

[1991 c 199 § 309; 1974 ex.s. c 69 § 4; 1970 ex.s. c 62 § 57; 1969 ex.s. c 168 § 24; 1967 c 238 § 

34.]

Notes:

Finding -- 1991 c 199: See note following RCW 70.94.011. 

Savings -- Effective date -- Severability -- 1970 ex.s. c 62: See notes following RCW 

43.21A.010. 

http://apps.leg.wa.gov/RCW/default.aspx?cite=70.94.240

RCW 70.94.240

Air pollution control advisory council.

The board of any authority may appoint an air pollution control advisory council to advise and 

consult with such board, and the control officer in effectuating the purposes of this chapter. The 

council shall consist of at least five appointed members who are residents of the authority and 

who are preferably skilled and experienced in the field of air pollution control, chemistry, 

meteorology, public health, or a related field, at least one of whom shall serve as a representative 

of industry and one of whom shall serve as a representative of the environmental community. 

The chair of the board of any such authority shall serve as ex officio member of the council and 

be its chair. Each member of the council shall receive from the authority per diem and travel 

expenses in an amount not to exceed that provided for the state board in this chapter (but not to 

exceed one thousand dollars per year) for each full day spent in the performance of his or her 

duties under this chapter. 

[1991 c 199 § 709; 1969 ex.s. c 168 § 30; 1967 c 238 § 41; 1957 c 232 § 24.]

Notes:

Finding -- 1991 c 199: See note following RCW 70.94.011. 

http://apps.leg.wa.gov/RCW/default.aspx?cite=70.94.331

 RCW 70.94.331

 Powers and duties of department.

(1) The department shall have all the powers as provided in RCW 70.94.141.

(2) The department, in addition to any other powers vested in it by law after consideration at a 

public hearing held in accordance with chapters 42.30 and 34.05 RCW shall:

(a) Adopt rules establishing air quality objectives and air quality standards;
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(b) Adopt emission standards which shall constitute minimum emission standards throughout the 

state. An authority may enact more stringent emission standards, except for emission 

performance standards for new woodstoves and opacity levels for residential solid fuel burning 

devices which shall be statewide, but in no event may less stringent standards be enacted by an 

authority without the prior approval of the department after public hearing and due notice to 

interested parties;

(c) Adopt by rule air quality standards and emission standards for the control or prohibition of 

emissions to the outdoor atmosphere of radionuclides, dust, fumes, mist, smoke, other particulate 

matter, vapor, gas, odorous substances, or any combination thereof. Such requirements may be 

based upon a system of classification by types of emissions or types of sources of emissions, or 

combinations thereof, which it determines most feasible for the purposes of this chapter. 

However, an industry, or the air pollution control authority having jurisdiction, can choose, 

subject to the submittal of appropriate data that the industry has quantified, to have any limit on 

the opacity of emissions from a source whose emission standard is stated in terms of a weight of 

particulate per unit volume of air (e.g., grains per dry standard cubic foot) be based on the 

applicable particulate emission standard for that source, such that any violation of the opacity 

limit accurately indicates a violation of the applicable particulate emission standard. Any 

alternative opacity limit provided by this section that would result in increasing air contaminants 

emissions in any nonattainment area shall only be granted if equal or greater emission reductions 

are provided for by the same source obtaining the revised opacity limit. A reasonable fee may be 

assessed to the industry to which the alternate opacity standard would apply. The fee shall cover 

only those costs to the air pollution control authority which are directly related to the 

determination on the acceptability of the alternate opacity standard, including testing, oversight 

and review of data.

(3) The air quality standards and emission standards may be for the state as a whole or may vary 

from area to area or source to source, except that emission performance standards for new 

woodstoves and opacity levels for residential solid fuel burning devices shall be statewide, as 

may be appropriate to facilitate the accomplishment of the objectives of this chapter and to take 

necessary or desirable account of varying local conditions of population concentration, the 

existence of actual or reasonably foreseeable air pollution, topographic and meteorologic 

conditions and other pertinent variables.

(4) The department is directed to cooperate with the appropriate agencies of the United States or 

other states or any interstate agencies or international agencies with respect to the control of air 

pollution and air contamination, or for the formulation for the submission to the legislature of 

interstate air pollution control compacts or agreements.

(5) The department is directed to conduct or cause to be conducted a continuous surveillance 

program to monitor the quality of the ambient atmosphere as to concentrations and movements 

of air contaminants and conduct or cause to be conducted a program to determine the quantity of 

emissions to the atmosphere.
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(6) The department shall enforce the air quality standards and emission standards throughout the 

state except where a local authority is enforcing the state regulations or its own regulations 

which are more stringent than those of the state.

(7) The department shall encourage local units of government to handle air pollution problems 

within their respective jurisdictions; and, on a cooperative basis provide technical and 

consultative assistance therefor.

(8) The department shall have the power to require the addition to or deletion of a county or 

counties from an existing authority in order to carry out the purposes of this chapter. No such 

addition or deletion shall be made without the concurrence of any existing authority involved. 

Such action shall only be taken after a public hearing held pursuant to the provisions of chapter 

34.05 RCW.

(9) The department shall establish rules requiring sources or source categories to apply 

reasonable and available control methods. Such rules shall apply to those sources or source 

categories that individually or collectively contribute the majority of statewide air emissions of 

each regulated pollutant. The department shall review, and if necessary, update its rules every 

five years to ensure consistency with current reasonable and available control methods. The 

department shall have adopted rules required under this subsection for all sources by July 1, 

1996.

For the purposes of this section, "reasonable and available control methods" shall include but not 

be limited to, changes in technology, processes, or other control strategies. 

[1991 c 199 § 710; 1988 c 106 § 1. Prior: 1987 c 405 § 13; 1987 c 109 § 39; 1985 c 372 § 4; 

1969 ex.s. c 168 § 34; 1967 c 238 § 46.]

Notes:

Finding -- 1991 c 199: See note following RCW 70.94.011. 

Severability -- 1987 c 405: See note following RCW 70.94.450. 

Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 c 109: See 

notes following RCW 43.21B.001. 

Severability -- 1985 c 372: See note following RCW 70.98.050. 

Listed separately: 

70.94.331(5) The department is directed to conduct or cause to be conducted a continuous 

surveillance program to monitor the quality of the ambient atmosphere as to concentrations and 

movements of air contaminants and conduct or cause to be conducted a program to determine the 

quantity of emissions to the atmosphere.

http://apps.leg.wa.gov/RCW/default.aspx?cite=70.94.332
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RCW 70.94.332

Enforcement actions by department — Notice to violators.

At least thirty days prior to the commencement of any formal enforcement action under RCW 

70.94.430 and 70.94.431, the department of ecology shall cause written notice to be served upon 

the alleged violator or violators. The notice shall specify the provision of this chapter or the rule 

or regulation alleged to be violated, and the facts alleged to constitute a violation thereof, and 

may include an order that necessary corrective action be taken within a reasonable time. In lieu 

of an order, the department may require that the alleged violator or violators appear before it for 

the purpose of providing the department information pertaining to the violation or the charges 

complained of. Every notice of violation shall offer to the alleged violator an opportunity to meet 

with the department prior to the commencement of enforcement action. 

[1991 c 199 § 711; 1987 c 109 § 18; 1967 c 238 § 47.]

Notes:

Finding -- 1991 c 199: See note following RCW 70.94.011. 

Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 c 109: See 

notes following RCW 43.21B.001.

http://apps.leg.wa.gov/RCW/default.aspx?cite=70.94.370

RCW 70.94.370

Powers and rights of governmental units and persons are not limited by act or recommendations.

No provision of this chapter or any recommendation of the state board or of any local or regional 

air pollution program is a limitation:

(1) On the power of any city, town or county to declare, prohibit and abate nuisances.

(2) On the power of the secretary of social and health services to provide for the protection of the 

public health under any authority presently vested in that office or which may be hereafter 

prescribed by law.

(3) On the power of a state agency in the enforcement, or administration of any provision of law 

which it is specifically permitted or required to enforce or administer.

(4) On the right of any person to maintain at any time any appropriate action for relief against 

any air pollution. 

[1979 c 141 § 123; 1967 c 238 § 59; 1961 c 188 § 8.]

http://apps.leg.wa.gov/RCW/default.aspx?cite=70.94.380
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RCW 70.94.380

Emission control requirements.

(1) Every activated authority operating an air pollution control program shall have requirements 

for the control of emissions which are no less stringent than those adopted by the department of 

ecology for the geographic area in which such air pollution control program is located. Less 

stringent requirements than compelled by this section may be included in a local or regional air 

pollution control program only after approval by the department of ecology following 

demonstration to the satisfaction of the department of ecology that the proposed requirements are 

consistent with the purposes of this chapter: PROVIDED, That such approval shall be preceded 

by public hearing, of which notice has been given in accordance with chapter 42.30 RCW. The 

department of ecology, upon receiving evidence that conditions have changed or that additional 

information is relevant to a decision with respect to the requirements for emission control, may, 

after public hearing on due notice, withdraw any approval previously given to a less stringent 

local or regional requirement.

[(2)] Nothing in this chapter shall be construed to prevent a local or regional air pollution control 

authority from adopting and enforcing more stringent emission control requirements than those 

adopted by the department of ecology and applicable within the jurisdiction of the local or 

regional air pollution control authority, except that the emission performance standards for new 

woodstoves and the opacity levels for residential solid fuel burning devices shall be statewide. 

[1987 c 405 § 14; 1979 ex.s. c 30 § 13; 1969 ex.s. c 168 § 36; 1967 c 238 § 50.]

Notes:

Severability -- 1987 c 405: See note following RCW 70.94.450.

http://apps.leg.wa.gov/RCW/default.aspx?cite=70.94.395

RCW 70.94.395

Air contaminant sources — Regulation by department; authorities may be more stringent —

Hearing — Standards.

If the department finds, after public hearing upon due notice to all interested parties, that the 

emissions from a particular type or class of air contaminant source should be regulated on a 

statewide basis in the public interest and for the protection of the welfare of the citizens of the 

state, it may adopt and enforce rules to control and/or prevent the emission of air contaminants 

from such source. An authority may, after public hearing and a finding by the board of a need for 

more stringent rules than those adopted by the department under this section, propose the 

adoption of such rules by the department for the control of emissions from the particular type or 

class of air contaminant source within the geographical area of the authority. The department 

shall hold a public hearing and shall adopt the proposed rules within the area of the requesting 

authority, unless it finds that the proposed rules are inconsistent with the rules adopted by the 

department under this section. When such standards are adopted by the department it shall 

delegate solely to the requesting authority all powers necessary for their enforcement at the 

request of the authority. If after public hearing the department finds that the regulation on a 
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statewide basis of a particular type or class of air contaminant source is no longer required for 

the public interest and the protection of the welfare of the citizens of the state, the department 

may relinquish exclusive jurisdiction over such source. 

[1991 c 199 § 713; 1987 c 109 § 43; 1969 ex.s. c 168 § 39; 1967 c 238 § 53.]

Notes:

Finding -- 1991 c 199: See note following RCW 70.94.011. 

Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 c 109: See 

notes following RCW 43.21B.001.

http://apps.leg.wa.gov/RCW/default.aspx?cite=70.94.405

RCW 70.94.405

Air pollution control authority — Review by department of program.

At any time after an authority has been activated for no less than one year, the department may, 

on its own motion, conduct a hearing held in accordance with chapters 42.30 and 34.05 RCW, to 

determine whether or not the air pollution prevention and control program of such authority is 

being carried out in good faith and is as effective as possible. If at such hearing the department 

finds that such authority is not carrying out its air pollution control or prevention program in 

good faith, is not doing all that is possible and reasonable to control and/or prevent air pollution 

within the geographical area over which it has jurisdiction, or is not carrying out the provisions 

of this chapter, it shall set forth in a report or order to the appropriate authority: (1) Its 

recommendations as to how air pollution prevention and/or control might be more effectively 

accomplished; and (2) guidelines which will assist the authority in carrying out the 

recommendations of the department. 

[1991 c 199 § 714; 1987 c 109 § 45; 1969 ex.s. c 168 § 41; 1967 c 238 § 55.]

Notes:

Finding -- 1991 c 199: See note following RCW 70.94.011. 

Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 c 109: See 

notes following RCW 43.21B.001.

http://apps.leg.wa.gov/RCW/default.aspx?cite=70.94.425

RCW 70.94.425

Restraining orders — Injunctions.

Notwithstanding the existence or use of any other remedy, whenever any person has engaged in, 

or is about to engage in, any acts or practices which constitute or will constitute a violation of 

any provision of this chapter, or any rule, regulation or order issued thereunder, the governing 

body or board or the department, after notice to such person and an opportunity to comply, may 
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petition the superior court of the county wherein the violation is alleged to be occurring or to 

have occurred for a restraining order or a temporary or permanent injunction or another 

appropriate order. 

[1987 c 109 § 48; 1967 c 238 § 60.]

Notes:

Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 c 109: See 

notes following RCW 43.21B.001. 

http://apps.leg.wa.gov/RCW/default.aspx?cite=70.94.430

RCW 70.94.430

Penalties.

(1) Any person who knowingly violates any of the provisions of chapter 70.94 or 70.120 RCW, 

or any ordinance, resolution, or regulation in force pursuant thereto is guilty of a gross 

misdemeanor and upon conviction thereof shall be punished by a fine of not more than ten 

thousand dollars, or by imprisonment in the county jail for up to three hundred sixty-four days, 

or by both for each separate violation.

(2) Any person who negligently releases into the ambient air any substance listed by the 

department of ecology as a hazardous air pollutant, other than in compliance with the terms of an 

applicable permit or emission limit, and who at the time negligently places another person in 

imminent danger of death or substantial bodily harm is guilty of a gross misdemeanor and shall, 

upon conviction, be punished by a fine of not more than ten thousand dollars, or by 

imprisonment for up to three hundred sixty-four days, or both.

(3) Any person who knowingly releases into the ambient air any substance listed by the 

department of ecology as a hazardous air pollutant, other than in compliance with the terms of an 

applicable permit or emission limit, and who knows at the time that he or she thereby places 

another person in imminent danger of death or substantial bodily harm, is guilty of a class C 

felony and shall, upon conviction, be punished by a fine of not less than fifty thousand dollars, or 

by imprisonment for not more than five years, or both.

(4) Any person who knowingly fails to disclose a potential conflict of interest under RCW 

70.94.100 is guilty of a gross misdemeanor, and upon conviction thereof shall be punished by a 

fine of not more than five thousand dollars. 

[2011 c 96 § 49; 2003 c 53 § 355; 1991 c 199 § 310; 1984 c 255 § 1; 1973 1st ex.s. c 176 § 1; 

1967 c 238 § 61.]

Notes:

Findings -- Intent -- 2011 c 96: See note following RCW 9A.20.021. 

Intent -- Effective date -- 2003 c 53: See notes following RCW 2.48.180. 
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Finding -- 1991 c 199: See note following RCW 70.94.011.

http://apps.leg.wa.gov/RCW/default.aspx?cite=70.94.431

RCW 70.94.431

Civil penalties — Excusable excess emissions.

(1) Except as provided in RCW 43.05.060 through 43.05.080 and43.05.150 , and in addition to 

or as an alternate to any other penalty provided by law, any person who violates any of the 

provisions of this chapter, chapter 70.120 RCW, chapter 70.310 RCW, or any of the rules in 

force under such chapters may incur a civil penalty in an amount not to exceed ten thousand 

dollars per day for each violation. Each such violation shall be a separate and distinct offense, 

and in case of a continuing violation, each day's continuance shall be a separate and distinct 

violation.

Any person who fails to take action as specified by an order issued pursuant to this chapter shall 

be liable for a civil penalty of not more than ten thousand dollars for each day of continued 

noncompliance.

(2) Penalties incurred but not paid shall accrue interest, beginning on the ninety-first day 

following the date that the penalty becomes due and payable, at the highest rate allowed by RCW 

19.52.020 on the date that the penalty becomes due and payable. If violations or penalties are 

appealed, interest shall not begin to accrue until the thirty-first day following final resolution of 

the appeal.

The maximum penalty amounts established in this section may be increased annually to account 

for inflation as determined by the state office of the economic and revenue forecast council.

(3) Each act of commission or omission which procures, aids or abets in the violation shall be 

considered a violation under the provisions of this section and subject to the same penalty. The 

penalties provided in this section shall be imposed pursuant to RCW 43.21B.300.

(4) All penalties recovered under this section by the department shall be paid into the state 

treasury and credited to the air pollution control account established in RCW 70.94.015 or, if 

recovered by the authority, shall be paid into the treasury of the authority and credited to its 

funds. If a prior penalty for the same violation has been paid to a local authority, the penalty 

imposed by the department under subsection (1) of this section shall be reduced by the amount of 

the payment.

(5) To secure the penalty incurred under this section, the state or the authority shall have a lien 

on any vessel used or operated in violation of this chapter which shall be enforced as provided in 

RCW 60.36.050.

(6) Public or private entities that are recipients or potential recipients of department grants, 

whether for air quality related activities or not, may have such grants rescinded or withheld by 

the department for failure to comply with provisions of this chapter.
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(7) In addition to other penalties provided by this chapter, persons knowingly under-reporting 

emissions or other information used to set fees, or persons required to pay emission or permit 

fees who are more than ninety days late with such payments may be subject to a penalty equal to 

three times the amount of the original fee owed.

(8) By January 1, 1992, the department shall develop rules for excusing excess emissions from 

enforcement action if such excess emissions are unavoidable. The rules shall specify the criteria 

and procedures for the department and local air authorities to determine whether a period of 

excess emissions is excusable in accordance with the state implementation plan. 

[2013 c 51 § 6; 1995 c 403 § 630; 1991 c 199 § 311; 1990 c 157 § 1; 1987 c 109 § 19; 1984 c 

255 § 2; 1973 1st ex.s. c 176 § 2; 1969 ex.s. c 168 § 53.]

Notes:

Findings -- Short title -- Intent -- 1995 c 403: See note following RCW 34.05.328. 

Part headings not law -- Severability -- 1995 c 403: See RCW 43.05.903 and 43.05.904. 

Finding -- 1991 c 199: See note following RCW 70.94.011. 

Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 c 109: See 

notes following RCW 43.21B.001.

http://apps.leg.wa.gov/RCW/default.aspx?cite=70.94.435

RCW 70.94.435

Additional means for enforcement of chapter.

As an additional means of enforcing this chapter, the governing body or board may accept an 

assurance of discontinuance of any act or practice deemed in violation of this chapter or of any 

ordinance, resolution, rule or regulation adopted pursuant hereto, from any person engaging in, 

or who has engaged in, such act or practice. Any such assurance shall specify a time limit during 

which such discontinuance is to be accomplished. Failure to perform the terms of any such 

assurance shall constitute prima facie proof of a violation of this chapter or the ordinances, 

resolutions, rules or regulations, or order issued pursuant thereto, which make the alleged act or 

practice unlawful for the purpose of securing any injunction or other relief from the superior 

court as provided in RCW 70.94.425. 

[1967 c 238 § 62.]

http://apps.leg.wa.gov/RCW/default.aspx?cite=70.94.510

RCW 70.94.510

Policy to cooperate with federal government.
April 2014

68

It is declared to be the policy of the state of Washington through the department of ecology to 

cooperate with the federal government in order to insure the coordination of the provisions of the 

federal and state clean air acts, and the department is authorized and directed to implement and 

enforce the provisions of this chapter in carrying out this policy as follows:

(1) To accept and administer grants from the federal government for carrying out the provisions 

of this chapter.

(2) To take all action necessary to secure to the state the benefits of the federal clean air act. 

[1987 c 109 § 49; 1969 ex.s. c 168 § 45.]

Notes:

Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 c 109: See 

notes following RCW 43.21B.001. 

http://apps.leg.wa.gov/RCW/default.aspx?cite=70.94.710

RCW 70.94.710

Air pollution episodes — Legislative finding — Declaration of policy.

The legislature finds that whenever meteorological conditions occur which reduce the effective 

volume of air into which air contaminants are introduced, there is a high danger that normal 

operations at air contaminant sources in the area affected will be detrimental to public health or 

safety. Whenever such conditions, herein denominated as air pollution episodes, are forecast, 

there is a need for rapid short-term emission reduction in order to avoid adverse health or safety 

consequences.

Therefore, it is declared to be the policy of this state that an episode avoidance plan should be 

developed and implemented for the temporary reduction of emissions during air pollution 

episodes.

It is further declared that power should be vested in the governor to issue emergency orders for 

the reduction or discontinuance of emissions when such emissions and weather combine to 

create conditions imminently dangerous to public health and safety. 

[1971 ex.s. c 194 § 1.]

http://apps.leg.wa.gov/RCW/default.aspx?cite=70.94.715

RCW 70.94.715

Air pollution episodes — Episode avoidance plan — Contents — Source emission reduction 

plans — Authority — Considered orders.

The department of ecology is hereby authorized to develop an episode avoidance plan providing 

for the phased reduction of emissions wherever and whenever an air pollution episode is 
April 2014

69

forecast. Such an episode avoidance plan shall conform with any applicable federal standards 

and shall be effective statewide. The episode avoidance plan may be implemented on an area 

basis in accordance with the occurrence of air pollution episodes in any given area.

The department of ecology may delegate authority to adopt source emission reduction plans and 

authority to implement all stages of occurrence up to and including the warning stage, and all 

intermediate stages up to the warning stage, in any area of the state, to the air pollution control 

authority with jurisdiction therein.

The episode avoidance plan, which shall be established by regulation in accordance with chapter 

34.05 RCW, shall include, but not be limited to, the following:

(1) The designation of episode criteria and stages, the occurrence of which will require the 

carrying out of preplanned episode avoidance procedures. The stages of occurrence shall be (a) 

forecast, (b) alert, (c) warning, (d) emergency, and such intermediate stages as the department 

shall designate. "Forecast" means the presence of meteorological conditions that are conducive to 

accumulation of air contaminants and is the first stage of an episode. The department shall not 

call a forecast episode prior to the department or an authority calling a first stage impaired air 

quality condition as provided by RCW 70.94.473(1)(b) or calling a single-stage impaired air 

quality condition as provided by *RCW 70.94.473(2). "Alert" means concentration of air 

contaminants at levels at which short-term health effects may occur, and is the second stage of an 

episode. "Warning" means concentrations are continuing to degrade, contaminant concentrations 

have reached a level which, if maintained, can result in damage to health, and additional control 

actions are needed and is the third level of an episode. "Emergency" means the air quality is 

posing an imminent and substantial endangerment to public health and is the fourth level of an 

episode;

(2) The requirement that persons responsible for the operation of air contaminant sources prepare 

and obtain approval from the director of source emission reduction plans, consistent with good 

operating practice and safe operating procedures, for reducing emissions during designated 

episode stages;

(3) Provision for the director of the department of ecology or his or her authorized representative, 

or the air pollution control officer if implementation has been delegated, on the satisfaction of 

applicable criteria, to declare and terminate the forecast, alert, warning and all intermediate 

stages, up to the warning episode stage, such declarations constituting orders for action in 

accordance with applicable source emission reduction plans;

(4) Provision for the governor to declare and terminate the emergency stage and all intermediate 

stages above the warning episode stage, such declarations constituting orders in accordance with 

applicable source emission reduction plans;

(5) Provisions for enforcement by state and local police, personnel of the departments of ecology 

and social and health services, and personnel of local air pollution control agencies; and

(6) Provisions for reduction or discontinuance of emissions immediately, consistent with good 
April 2014

70

operating practice and safe operating procedures, under an air pollution emergency as provided 

in RCW 70.94.720.

Source emission reduction plans shall be considered orders of the department and shall be 

subject to appeal to the pollution control hearings board according to the procedure in chapter 

43.21B RCW. 

[2012 c 117 § 409; 1990 c 128 § 4; 1971 ex.s. c 194 § 2.]

Notes:

*Reviser's note: RCW 70.94.473 was amended by 1995 c 205 § 1, which deleted subsection (2). 

http://apps.leg.wa.gov/RCW/default.aspx?cite=70.94.720

RCW 70.94.720

Air pollution episodes — Declaration of air pollution emergency by governor.

Whenever the governor finds that emissions from the operation of one or more air contaminant 

sources is causing imminent danger to public health or safety, he or she may declare an air 

pollution emergency and may order the person or persons responsible for the operation of such 

air contaminant source or sources to reduce or discontinue emissions consistent with good 

operating practice, safe operating procedures, and source emission reduction plans, if any, 

adopted by the department of ecology or any local air pollution control authority to which the 

department of ecology has delegated authority to adopt emission reduction plans. Orders 

authorized by this section shall be in writing and may be issued without prior notice or hearing. 

In the absence of the governor, any findings, declarations, and orders authorized by this section 

may be made and issued by his or her authorized representative. 

[2012 c 117 § 410; 1971 ex.s. c 194 § 3.]

http://apps.leg.wa.gov/RCW/default.aspx?cite=70.94.725

RCW 70.94.725

Air pollution episodes — Restraining orders, temporary injunctions to enforce orders —

Procedure.

Whenever any order has been issued pursuant to RCW 70.94.710 through 70.94.730, the attorney 

general, upon request from the governor, the director of the department of ecology, an authorized 

representative of either, or the attorney for a local air pollution control authority upon request of 

the control officer, shall petition the superior court of the county in which is located the air 

contaminant source for which such order was issued for a temporary restraining order requiring 

the immediate reduction or discontinuance of emissions from such source.

Upon request of the party to whom a temporary restraining order is directed, the court shall 

schedule a hearing thereon at its earliest convenience, at which time the court may withdraw the 
April 2014

71

restraining order or grant such temporary injunction as is reasonably necessary to prevent injury 

to the public health or safety. 

[1971 ex.s. c 194 § 4.]

http://apps.leg.wa.gov/RCW/default.aspx?cite=70.94.730

RCW 70.94.730

Air pollution episodes — Orders to be effective immediately.

Orders issued to declare any stage of an air pollution episode avoidance plan under RCW 

70.94.715, and to declare an air pollution emergency, under RCW 70.94.720, and orders to 

persons responsible for the operation of an air contaminant source to reduce or discontinue 

emissions, according to RCW 70.94.715 and 70.94.720 shall be effective immediately and shall 

not be stayed pending completion of review. 

[1971 ex.s. c 194 § 5.]

http://apps.leg.wa.gov/RCW/default.aspx?cite=70.94.850

RCW 70.94.850

Emission credits banking program — Amount of credit.

The department of ecology and the local boards may implement an emission credits banking 

program. For the purposes of this section, an emission credits banking program means a program 

whereby an air contaminant source which reduces emissions of a given air contaminant by an 

amount greater than that required by applicable law, regulation, or order is granted credit for a 

given amount, which credit shall be administered by a credit bank operated by the appropriate 

agency. The amount of the credit shall be determined by the department or local board with 

jurisdiction, but it shall be less than the amount of the emissions reduction. The credit may be 

used, traded, sold, or otherwise expended for purposes established by regulation of state or local 

agencies consistent with the provisions of the prevention of significant deterioration program 

under RCW 70.94.860, the bubble program under RCW 70.94.155, and the new source review 

program under RCW 70.94.152, if there will be no net adverse impact on air quality. 

[1984 c 164 § 1.]

http://apps.leg.wa.gov/RCW/default.aspx?cite=70.94.860

RCW 70.94.860

Department of ecology may accept delegation of programs.

The department of ecology may accept delegation of programs as provided for in the federal 

clean air act. Subject to federal approval, the department may, in turn, delegate such programs to 

the local authority with jurisdiction in a given area. 
April 2014

72

[1991 c 199 § 312; 1984 c 164 § 2.]

Notes:

Finding -- 1991 c 199: See note following RCW 70.94.011.
April 2014

73

Appendix C. Public Notices and Comments and 

Ecology Response
74

Contents of Appendix C

Public Notices and Comments and Ecology’s 

Response

Overview..........................................................................................................................75

Summary of Public Involvement Process....................................................................76

Ecology Public Notices & Outreach .............................................................................77

Response to Comments..................................................................................................90

Commenter Index.........................................................................................................90

No Hearing Request Certification ................................................................................93

Copies of All Written Comments .................................................................................94
75

Overview

Appendix C provides information on the public notice and comment documents related to the 

proposed revision of Washington’s State Implementation Plan (SIP) for the 2008 lead standard. 

The purpose of this document is to:

• Provide Ecology’s response to public comments

• Provide reasons for submitting the infrastructure plan for lead

• Describe any differences between the proposed and adopted plans

• Meet Environmental Protection Agency (EPA) public process requirements

This document includes the comments received during the public comment period for the Draft 

Washington State Implementation Plan Revision, Infrastructure SIP Certification for the 2008 

Lead National Ambient Air Quality Standard (Lead Infrastructure SIP) along with Ecology’s 

responses. 

Ecology accepted comments from February 14, 2014 through March 24, 2014. Ecology offered 

the public an opportunity to request a hearing. No hearing was requested by March 17, so no 

hearing was held. Federal rules provide for this in Section 51 of Part 40 of the Code of Federal 

Regulations (40 CFR Section 51.102). This document also describes the outreach effort and 

public involvement process.

There are a few non-substantive changes between the public review version of the SIP and the 

final submitted version. Ecology’s Director adopted the plan on April 1, 2014.

Summary of changes: 

• Added Appendix containing Public Notice and Comment and Ecology Response

• Cover page – remove draft, change date from February to April and add publication 

number.

• Entered the date EPA approved Washington’s 2013 Ambient Air Monitoring Network

Plan.

• Entered the date and federal register notice reference when EPA approved Washington’s

Ambient Air Quality Standards rule (WAC 173-476) into the SIP (3/4/14 in 79 FR 12070)

• Rearranged and added footnote to Element B to describe variability of data in airport 

monitoring study.

• Other clerical corrections.
76

Summary of Public Involvement Process

Ecology accepted comments on the Lead Infrastructure SIP from February 14, 2014 through 

March 24, 2014. We invited the public to participate in the following ways: 

We:

• Published a notice in a newspaper 

• Issued a news release, Frequently Asked Questions document and Hearing Notice

• Posted information on our website on the:

• Public Involvement Calendar and the

• Infrastructure, Rules and Programs SIP page

• Emailed interested parties a summary of the project and public comment period 

information

We sent an email message to parties previously identified as interested in SIP activities. We 

included deadlines for requesting a hearing and submitting comments. Members of the public had 

until March 20 to request a hearing. We did not hold a hearing because one wasn’t requested. 

This option is provided for in federal regulation 40 CFR Section 51.102. 

A legal notice was published in the Daily Journal of Commerce on February 14, 2014. This notice 

offered the public an opportunity to comment on the lead infrastructure SIP and request a hearing. 

Ecology also issued a news release and posted notice of the public comment period and hearing on 

its Public Involvement Calendar and website. 
77

Ecology Public Notices & Outreach 

Public Notices and Outreach Documents

• Affidavit of Publication, The Daily Journal of Commerce, Notice of Hearing and 

Opportunity to Comment, published February 14, 2014 

• Public Involvement Calendar notice, February, 2014

• Department of Ecology Air Quality Program Infrastructure, Rules and Program SIPs 

webpage, February 2014

• News Release, Ecology Seeks Comment on Proposed Air Quality Plan for Lead, 

publication no. 14-020

• Frequently Asked Questions, Washington Infrastructure SIP for Lead, February 214, 

publication no. 13-02-021

• Opportunity to Request a Public Hearing, Proposed Washington State Implementation Plan 

Update, February, 2014, publication no. 13-2-022

• Email sent to ~30 people interested in general SIP projects, February 14, 2014
78 

Affidavit of Publication, The Daily Journal of Commerce, Notice of Hearing and Opportunity to 

Comment, published September 27, 2013 

TAT o · rn ICTo_ - KI Gco 1 

-'!11.. 

30'27!n No. 

mwr OF m::Ol~OGYwS\\"R.O 

A ffidavil or Pub I ica.Ucm 

'The undmig,md. em o:uh fJI:tcs that ~ is 11n RUL Tihed ~ tJve of The Daily Jourml of 

Commm:c, • daily n~, w'h.loh newspaper-is o. lq;,al n~ apcrofiel!Ct J elmrlation Bl'ld it i! noo· 

and bas bull ror more. thuD sr marn t~ prfor to tile date ofpubl,ta'lion bert"iruif\et refcmrl c.o, ]Mibti:.l!.cd i'n 

tho En,glisb lllfl&WI8c oontioo.ously ll!s ~ daity newsp;apcr m S~tlc, Kling COUmt)l. WD.-.hlngtolli, n.nd it i~S now 

:md dllfing all of a id time WU$ P"'ineed ~n f.ll officle m:UntDJned a.11hc 1fo~d -p1(l.QC ~f pllltlicatfoa of this 

tt~.11le DIUI)' loumnJ ofCommacewas oo the 12' dl)• orJ~W:, l'MJ. pt:~ro-..·ed es o. legal 

nempapt_r b)• the SuperiOf Cout:1 of King CoWlt)•. 

The D(Mioe in Ute ex lid ronn Mnt:.'\:ed. WQ puh1Wl«l in rcgu1nJ WUcS r~ OMly JO!iMIII of 

Comm~ wbkh WM rcgttiBrly dit.tributed to tl1 ~tJJbplkts dl r~og the bdow stutcd period. 111¢ annexed 

IH)tlei!, a 

PN:NOnCF. FlF.ARD:O O'PPTV 

wu pl.l'Mbh«< oo 

091!7/1.3 
79 

tate of,-asbington, King County 

..---\= Stat-e ,of, 

·Washington 
80 

Public Involvement Calendar Notice, SIP Revision for Lead, 2/14-3/24 

Public Involvement Calendar - W A Dept of Ecology 

lhe Public Involvement calendar Is de~lgned to engage the public In our dedslon•making 

procou. We encourage you to read fuquent!y Asked OUgstlons abo!Jt Effective Pub!k: 

~-

Activities that are educ.aUOn.:tl o11ty or are co·spon~ by Ecology mi!IY be round under the 

• MCK'e Ecofogy Evtnts"l!nk In the let\ column oftNs paoe. We tnvl~ yoUr~ about thls 

Publk lnvotvtll1eflt Calendar. 

If you have special accommodation needs or reqWe docume:~ fn allemaUYe f<>rmal, please 

contact Ecology at: 

360 ~07·6000 (voice) 

711 (rt'lay sctVke) 

600·83l-6388 (TIY) 

fubl!c Hearings. Meetings. Workshops, Open Houses 

(Now.t 21 days. Use the search featuro (right) for event s beyond 21 day1.) 

MarlO 10 AM Public Hearing: Lace.y 

State Implementation Plan Ravltlon for lead 

Ecofogy Is submHUng a plan to EPA to demonstrate that the state 

has the co&~ity to carry out the :ZOOS federal .air quality 

stand~rd for read. If Ecology recefves a request for a publiC 

hearing by NDrth 11, a hearfng will be held Har<.h 20, Sen.d 

public: ht0rlng 1equests and comments on the. p!an to Laurie 

Uulse-Hove:r ot to AQCommentsSecy.wa.gov. ~ 

ImDtemeotoUgn Pfao 

Loc:aUom Dept of Ecology HQISOuttlwest Re-gJonal Offkc 

Auditorium 

300 Desmond Dslve Se 

L&cey, WA Hill Cl 

Sponsor. Ot-pt or Ecology 

AlRQUALmPM 

Contact1 Lautlc HuJse·Hoyol!:'f 

(360) 407·6783/!i!.hY16lfk<:y Wil ooy 

Associated P-.abUc: Comntent Porlod1 Feb 14 • t>lar 24 

Public Comment periods Feb 14 .. 

Mar-24 

Public Comment Period: Lec•r 

Stat& tmptementatlon Plan Rovlslon for lead 

Eco\ogy Is svbmltUng a plan to EPA to demonstrate: that the state 

has ttu: capacity to carry out the 2008 federal air quality 

standard ror lead. tf Ecology receives a request ror a pubUc 

heallng by Narch 17, a hearing will be held Herdt 20. Send 

public hf!.ning requests and commer~ts on the plan to Ururt~ 

Hotse·Hoyer- or to AQCommenhCecy.wa.gov. ~ 

lmp!ementatloo 11on 

Locattoru \iflc(ly, \'lA 

Sponson Dept of Eco1ogy 

AIR QUMJTY PM 

Contact: Lautle Hulse·Hoyer 

(360) 407-6763 I lihlli§l~Q;: 

Asrod01ted Public Hea rlng: f.lar 20 

Ccpyright C> Washlogton St•te Department ofE<oi09Y· see http://I"Nm.ecy.wa.govf<opytloht.html. 

http:/ /apps.ecy .wa.gov/pubcalendar!calendar.asp 

lhls search realore I!ICcesses 

only declslon mak ng 

•vantl. 

[ Search} 

Select dote r-1nge: 

. TOday &-,;iOx\21 ; ·! 

_ _ Selec.t city .. _ .• _ 

~· · • 1 

-~:.'~ ~~!!!'Y.!... . , All CounUos ,.. I . _, 

.. ~!led '!~!!'!!YPe: 

' All Types ........ 1 

~!!'~. 

I 

[ Soarcl!) 

Pagel of I 

3/17/2014 
81 

Department of Ecology Infrastructure SIP webpage, February 2014 

Infrastructure, Rules, and Programs SIPs I Washington State Department of Ecology 

~ > Air Quality Standards t' Plans > StPs > Infrastructure, Rules, t.. Programs SIPs 

Infrastructure, Rules, and Programs SIPs 

Infrastru cture SJP5 

Wherever EPA establishes a new 1IAAO.S. or revises an existing UAAQS, the federal ttun.Aic. 

&1 requires Washington to develop a IIO(a) Infrastructure State m~ementaUon F'tan (SIP). 

The Infrastructure SIP demonstrates that \'lashlogton has the necessary legal authority, 

regulatory structure, and adequate resources to Implement the UAAQS In all areas of the 

state. 

A list of Infrastructure SIPs: 

S IP Title I Status 

Infrastructure SIP Certification for the 2008 lead rlatlonal Ambient Air Ecology ptans to submit the proposed SIP to EPA 

Quality Standards. Sections 110{a)(1)·(2) of the Clean AJr Act (~ fOe" approval In r-larch/Aptll2014. For more 

a copy of t hl$ document - PQF.) Information- read the~ check the 

• Uotlce or Oooortun!ty to Reoyest a Public Uearlno 

• fAll 

Infrastructure SIP Certification for the 1997 8·hour Ozone Uatlonal Ambient 

Air Quality St andards. Settlons t t O(a)(l)-(2) of the Clean Air Act. (Qkk 

here for a copy of lh!$ document - ppF.) 

Addressing the I nterstate Transport of Ozone and F1ne Particulate !-latter. 

Sedk)o 110 (a)(2)(D)(I) of the Oean Air Act State Implementation Plan for 

1997 S·Hour Ozone and PH2.5 Uauonal Ambtent Air Quality Standards. 

Rules 

pyb!!c calendar or contact Laude Hube·Hpycr at 

360·407· 678 3. 

EPA partially appro11ed this submittal on May 24, 

2012. For more lnformauon, see Federal Reolstcc 

Uot!ce 7Z FR 30902. 

EPA approved on 08127/2007. FOt" more 

lnformatJon see Federal Reoister Uptke 72 FR 

. 

Washington State rules are submitted along with a SIP to provlde an enforceable means to carry out the conttot strategy In the SIP. 

Washington may also submit rules or rule updates ilone to EPA to S6Usfy federal requlremenh or as a state Initiative to •strengthen 

the StP• (Improve po$1utlon contro4 programs). 

When EPA approves a rule as part of Washington's SIP, the rule becomes "fedeulllly enforceable*. That Is, If Washington does not 

Implement the rule, EPA can step In and enforce the rule at the federallf!\fet 

• EPA's list of fedg@lly-apprpyed W.ublngton rules. 

• Air Quality Regu!atJoos In Washington's SIP 

Program SIP• 

SOme SIPs satisfy programs or parts of programs required by the CAA. The subjects addressed by these SIPS can be quite diverse. 

One example Is the 1-lotor Vehicle Inspection &. Nalntenance Program known In Washington as the Emission Check Program. This 

program Is required for carbon monoxkSe end ozone nonattalnment areas. Other exampfes Include the Washington State Visibility 

Protection Program and the 1998 Smoke Hanagement Program. 

Progr am SIPs currently being developed or r ecently submitted to EPA for approval: 

• Regk>nal Uaze SIP 

C0pyr$ghl 0 Washington State Department of Ecology. See http://www.ecy.wa.gov/copyrlght.html. 

http://www .ecy. wa.gov /programs/a ir/si ps/plans/i nfrast ructure.htm 

Page I of I 

2/24/201 4 
82 

News Release, Ecology seeks comment on proposed air quality plan for lead, Publication 14-020, 

February 14, 2014 

Ecology seeks comment on proposed air quality plan for lead I Februaty News I Washingt... Page 1 of 2 

Ecology home > News > News Release 

Department of Ecology News Release - February 14, 2014 

Ecology seeks comment on proposed air quality plan 

for lead 

OLYMPIA - The Department of Ecology (Ecology) invites the public to comment on Washington's 

proposed air quality plan for lead (plan). 

Comments on the plan will be accepted t hrough March 24, 2014. 

The proposed pian 

As required by the U.S. Environmental Protection Agency, the plan demonstrates that Washington has 

the authority, rules and programs in place to ensure Washington continues to meet the federal lead 

standard. The plan does not add rules or change requirements for controlling lead and is available for 

public review on Ecology's website. 

After the public comment period has dosed and comments have been reviewed, Ecology will submit 

the plan to EPA for approval. Once approved, the plan will be added to Washington's comprehensive 

State Implementation Plan for protecting air quality. 

Public comment and hearing details 

Comments will be accepted th rough March 24, 2014.The public can submit comments by email or 

regular mail. 

Email : AQComments@ecy.wa.gov 

Regular mail: Laurie Hulse-Moyer, Washington Department of Ecology, PO Box 47600, Olympia, WA 

98504-7600. 

The public can request a hearing. Public hearing requests must be received no later than March 17, 

2014. Requests should be submitted to Laurie Hulse-Moyer by email at J.il.k!LlShhulsemoyer@e9'.:._'@:..9QY. or by phone at 360-407-6783. 

If a hearing request is received by the deadline, the hearing will be held March 20, 2014, at 10:00 

a.m. at Ecology Headquarters: 300 Desmond Drive, Lacey, Wash. 

Ecology will rev iew and consider all comments before submitting the plan to EPA for approval. All 

comments and Ecology responses will be summarized and published on the agency's website. 

About lead pollution 

Lead air pollution levels decreased dramatically, 94 percent, between 1980 and 1999. The reduction 

mhtml:fi]e://Z:\My Documents\ Word Files\Reader Files\Hulse-Moyer\Lead iSIP\Ecology se ... 4/8/2014 
83 

Ecology seeks comment on proposed air quality plan for lead I February News I Washingt... Page 2 of 2 

was primarily beca use lead was removed from gasoline. Today, the larger sources of lead emissions 

to the air are from ore and metals processing and small aircraft that use leaded aviation gasoline. 

Lead levels are low in Washington state. Washington currently does not have any areas t hat violate 

the federal air quality standard for lead. 

### 

Media Contacts: 

Camille St. Onge, 360-584-6501, camille.st .onge@ecy .wa . .Q.QY 

For more information: 

Ecology's Air Quality website (www.ecy.wa.gov/ programs/air/sips/plans/ infrastructure.htm) 

Ecology's social media (www.ecy.wa.gov/about/socialmedia.html) 

Copyright© Washingt on St ate Department of Ecology. See http://www.ecy.wa.gov/copyright.ht ml. 

mhtml:file://Z:\My Documents\ Word Files\Reader Files\Hulse-Moyer\Lead iSIP\Ecology se ... 4/8/2014 
84 

Frequently Asked Questions, Washington Infrastructure SIP for Lead, February 2014, 13-02-021 

.------. DEPA RTMENT OF 

Frequently Asked Questions ECOLOGY 

Sta te o f Washingto n 

Air Quality Program February 2014 

Washington Infrastructure SIP for 

Lead 

In April2014, the Department of Ecology (Ecology) will submit 

an infrastructure State Implementation Plan (SIP) for lead to 

the federal EnviJOIUllental Protection Agency (EPA). A11 

infrastJuch.n:e SIP is a plan that demonstrates that Washington 

has the authority and means to implement the federal air 

CJllality standard iu all areas of the state. Ecology must submit 

this SIP to meet federal Clea11 Air Act rec1uirements for the lead 

standard. 

Q: Why do we need an lnfrasbucture SIP? 

A: When EPA updates a National Ambient Air Quality 

Standard (N AAQS), states must review their air programs and 

submit a platl to EPA certifying the state can maintain the 

standard. In 2008, EPA set tough new standards for how much 

lead is safe in our air. So, Washington must submit a plan that 

shows the state can continue to meet that standard. 

Q: Why is lead a problem? 

A: EPA sets air quality standards for lead pollution because 

le<ld exposure can harm lnunan health, especially .in childTen. 

Exposures to low levels of lead early in life have been linked to 

effects on IQ, learning, memory and behavior. As a result of 

EPA's efforts to remove lead from gasoline, levels of lead in the 

air decreased 94 percent between 1980 and 1999. Since lead 

persists in the enviromnent and accumulates in soils, 

cUsturbing contan1inated soils can release lead into the air. 

Q: What are the sources of lead emissions? 

A: Lead is a me tal found naturally in the Emvironment and in 

m.anufach.ued products. Historically, the major source of lead 

emissions to the air was from leaded gasoline used in cars. 

Lead emissions dropped sharply when lead was phased out oJ 

gasoline stC1Jtil1g in the 1970s. 

Publication Number: 13-02-021 1 

WHY IT MATTERS 

• Lead air pollution can have 

serious health effects, 

especially for children. 

Lead can harm the nervous 

system, kidney function, 

immune system, 

reproductive and 

developmental systems, 

and the cardiovascular 

system. 

• Lead exposure affects the 

ability of blood to carry 

oxygen to the body. 

• Infants and young children 

are especially sensitive to 

even low levels of lead, 

which may contribute to 

behaviora.l problems, 

learning deficits, and 

lowered IQ. 

Contact infonnation: 

Laurie Hulse-Moyer 

(360) 407-6783 

lahu461@ecy. wa.gov 

Special accommodations: 

For special accommodations 

or documents in alternate 

fonnat, call 360-407-6800, 

711 (relay service), or 877-

833-6341 (TTY). 
85 

Air Quality Program Februray 2014 

Past sources of lead in Washington include a lead smelter on Harbor Island in South Seattle <md 

the ASARCO copper smeltexs in Tacoma and Everett. These facilities ceased opexations by the 

mi.d eighties. 

We don't currently have many lead sources in Washington. Battery recyclers, wood products 

facilities, pulp and paper mills, glass manufachuers, and refineries are a few of the sources that 

emit lead at very low levels in Washington. Also, small aircraft that nm on leaded gasoline still 

emit lead. Lead is not used in jet fuel, whicll is the fuel used by most commercial aircraft. 

Q: What is the new lead standard? 

A: The revised standard is ten times more stringent than the previous standard set in 1978. The 

standard was lowered from 1.5 micrograms per cubic meter (~tgjm ) to 0.15 J.l.gjm3. It is 

designed to protect at-risk groups, especially cllildren. No areas in Washington were fOlmd to 

be out of compliance with the lead standard in 2011. 

Q: How does Washington check for lead In the air? 

A: Washington monitors for lead at Beacon Hill in Seattle. The data show lead levels are well 

below the new standard. You can look at the Monitor RepoJt on EPA's AirData website. We 

also monitored at two airports in 2012: Harvey Field in Snohmnish and the Auburn Mmlicipal 

Airport. Since lead levels were well below the standard, Ecology stopped monitoring at both 

aiJports after 12 months. 

EPA requires monjtoring near sources that emit half a ton of lead per year or more. There are 

no knovm sources of lead over half a ton in Washington. When EPA requires sources report 

emissions over this threshold, we may identify other areas that we will evaluate. Based on what 

we know about lead sources in Washington, we estimate lead emissions are very low. 

Q: Does the SIP revision contain any new requirements? 

A: No. The infrastruchue STP does not add rules or change requirem.ents for controlling lead. It 

will be sent to EPA to be added to Wasllington's comprehensive SIP for maintaining ai.r quality. 

Q: Where can I get more information? 

A: The pro posed SIP revision and related documents are available for review on Ecology's 

website at: http:/ I www.ecv. wa.p;ov I programs/ air/sips/plans/i.nfrastmchue.htm. You can 

also view the document at: 

Department of Ecology HQ 

300 Desmond Drive SE 

Lacey, W A 98503 

Contact: Laurie Hulse-Moyer j (360) 407-6783 

Publication Number: 13-02-021 2 0 Please reuse and recycle 
86 

Opportunity to Request a Public Hearing, Proposed Washington State Implementation Plan 

Update, Pub. 13-02-041 

Opportunity to Request a Public Hearing ..-~-. PART EN T OF 

ECOLOGY 

State of Washington 

Air Quality Program February 2014 

Proposed Washington State 

Implementation Plan Update 

In April2014, the Department of Ecology (Ecology) will submit an 

u\frasttucture State Tntplem.e:ntation Plan (SIP) for lead to the federal 

Enviromne:ntal Protection (EPA). No new rules or requirements are being 

proposed. 

The public can request a hearutg. If a hearutg is r equested by 5 p.m. March 

17, 2014, F.cology will bold one. If no :request is received 'by Ute deadline, 

Ecology will not hold a hearing. 

What Is an Infrastructure SIP? 

An ut.fraslTucture SIP de:m.onsLTates that Washington has lhe means and 

authority to implement the federal air quality lead standard in all areas of 

the state. EPA updated the air quality lead standard in 2008. Ecology must 

s~1bmit the U'lirasttucture SIP to fulfill the federal Clean Air Act requirement 

for litis Ltpdated strutdard. 

The .major sources of lead enuss.ious have historically been from fuels in 

vehicles and industrial sources. Lead levels in the air decreased dramalically 

s:i.rtce EPA worked to remove lead from gasoline :i.rt the 1970s. The major 

sources of lead emissions to the air today are :i.rtdustries that process ore <md 

metals, altd piston-engine aircraft operating on leaded aviation gasolhte. 

What Is the new lead standard? 

On October 15, 2008 the EPA strengthened the federal air quality standard 

for lead by lower:i.rtg it from1.5 micrograms per cubic m eter (!tg/m3) to 0.15 

f.lg/m3Cbased on a rolling three-month average). 

Does Washington meet the standard? 

Yes. Washiltgton does not have any areas that violate the 2008lead standard. 

We don' t currently have many l.ead sources in Washi.ngto.n. Battery recyders, 

wood products facilities, pu.lp and paper ntills, glass mamt.facturers, and 

refineries are a few of the sources that emit lead at very low levels :i.rt 

Washirtgton. 

Washington monitors for lead at the Beacon Hill site in Seattle. Tite d.ala 

from this site show values well below the standard. Monitoring was also 

required at two airports for a 12 m011th period: Hru·vey Field :i.rt Snohomish 

and Au bum Munidpal Airport. Lead levels were w eJJ below the standard at 

tlte two airports, so monitoring was discontinued. 

Publication Number: 13-02-041 1 

MORE INFORMATION 

Formal Comment Period: 

February 14, 2014 through 

March 24, 2014 

Deadline to request a public 

hearing 

March 17, 2014 5pm 

Public Hearln& If held: 

March 20, 2014 

10:00 am 

Department of Ecology HQ 

300 Desmond Drive SE 

Lacey, WA 98503 

• If Ecology does not 

receive a request for a 

hearing Ecology will not 

hold one. 

• If Ecology cancels the 

hearing, we will post this 

decision on Ecology's 

Public Involvement 

calendar on March 18, 

2013. 

You may a lso contact 

Ecology to find out if we 

canceled the hearing 

Contact infonnation: 

Laurie Hulse-Moyer 

Air Quality Program 

POBox 17600 

Olympia, WA 98504-7600 

360·407-6783 

Laurie. hulsemoyer@e<;y. wa.gov 

Special accommodations: 

For specia l accommodations 

or documents in an alternate 

format, call 360-407-6800, 

711 (relay service), or 877-

833-6341 (TTY). 

(i Please reuse and recycle 
87 

Opportunity to Request a Public Hearing 

Air Quality Program February 2014 

Why are we revising the SIP? 

Washi.ogtm1 is required to subm.it aJl infrastruclct:re STP to EPA within3 years following the issue of a 

new or revised air quality standard. 1l1e proposed m(rash:ucture SIP certifies Washington l1as the 

authority, rules, and programs to continue to meet the 2008lead standard. 

Where can I get more information? 

The proposed SIP revision <md related documents are available for review on Ecology's website at: 

http://www.ecy.wa.gov lprognmlSiairlsipslphmslinfrastructuie.htm. You can also view the 

dOC\IDleJ.lt at: 

Department of Ecology HQ 

Laurie Hulse-Moye:r / (360) 407-6783 

300 Desmond Drive SE 

Lacey, WA 98503 

How can I request a hearing? 

You can request a bearing by contacti.ng Lattr.ie Httlse-Moyer (360) 407-6783 by Marcll17, 2014. If 

Ecology receives a request for a pttblk hearing, Ecology wilJ l10ld a hearing to receive public conunents 

on the proposed SIP revision as foUows: 

March 20, 2014, 10:00 am 

Department of Ecology HQ 

300 Desmond Drive SE 

Lacey, WA 98503 

If no one requests a hearing, Ecology will not hold one. To find out if Ecology cancelled the hearing, 

cl1eck Ecology's Public InvolveJ.nent Cale11dar at http: I I apps.ecy.wa.gov l pubcalendar I calendar.asp or 

caU Laurie Hulse-Moyer. 

How can I submit comments? 

The couunent period sta·rts Febru.ary 14 and ends Marcl1 24, 2014. You can give us your o.ffidal 

coutme:nts in the following ways: 

1. Testify or submit written conm1ents at the public hearing. 

2. Email your conm1eJ.1ts to: AOCollllllents@ecy.wa.gov 

3. Mail conm1ents to: 

Department of Ecology 

Laurie Hulse-Moyer 

P0Box47600 

Olympia, WA 98504-7600 

4. FAX: 360-407-7534 

How will Ecology respond to comments? 

All of the conmlents we receive will become part of the official record. We will publish responses to 

conunents on Ecology's website when wesub1nil Ot lr proposed SIP :revision to EPA. You wiU find your 

name listed in the document with a reference to where, in the doclllllent, Ecology :responded your 

co=ents. 

Publication Number: 13-02-041 2 \) Please reuse and recycle 
88 

Email to interested parties, February 14, 2014, from Laurie Hulse-Moyer, Ecology Project Lead

Hulse-Moyer, Lalirie (ECY) 

From: Hulse-Moyer, Laurie (ECY) 

Sent: Friday, February 14, 2014 7:58AM 

To: Hulse-Moyer, Laurie (ECY) 

Cc: St. Onge, Camille (ECY); Oliver, Julie (ECY}; Pritchett, Nancy (ECY); Thompson, Margo 

(ECY}; Taylor, Marsh (ECY); Caudill, Anya (ECY); Ekrem, Joanna (ECY) 

Subject: comment period for air quality protective plan for lead opens 

Hello. 

You are receiving this message because you have expressed interest in Department of Ecology Air Program 

rule and State Implementation Plan (SIP) activities. 

Ecology Air Programs is ready to submit a proposed plan to EPA~ an infrastructure SIP - that certifies 

Washington's capacity to implement the 20081ead {Pb) standard. Ecology's web~ te. has this proposed plan 

and other information about infrastructure SIPs. But first, we want to answer your ·questions and give you a 

chance to comment on the draft. 

What's going on? 

• In 2008, EPA strengthened the lead standard for the first time in 30 years 

• No areas in Washington were identified as violating the lead standard. . 

• We reviewed our rules and programs and conclude that the state can maintain this standard with 

existing SIP-approved rules 

You can: 

• Request a hearing - by March 17. 

• Submit comments- from February 14 through March 24. 

• Ask questions- any time- contact me 

Request a hearing by: 

• Sending a request to Laurie Hulse-Moyer no later than March 17, 2014. If requested, the hearing will 

be held on: 

o March 20, 2014 at 10:00 am at Ecology Headquarters at 300 Desmond Drive in Lacey. 

Submit your comments by one of the following ways: 

• Testify or submit written comments at public hearing, if held. 

• Send an email to AQComments@ecy.wa.gov. 

• Mail to Laurie Hulse-Moyer, Washington Department of Ecology, P.O. Box 47600, Olympia, WA 98504-

7600. 

If you do not want to receive further updates on the lead infrastructure SIP project, please let me know. 

Laurie Hulse·Moyer I Nr Quality Planner I WA State Department of Ecology llahu461@ecy.wa.gov I (360) 407-6783 
89 

Members: 

Amy Goldlust 

Becky Kelley 

Bill Alkire 

Brad Doll 

Brian Brazil 

Crooks, Marc (ECY) 

Danna Dal Porto 

David Clouser 

David Moore · 

Doug Howell 

Douglas Morrison 

Ekrem, Joanna (ECY) 

Forster, Melanie (ECY) 

Gretchen Brewer, Director 

Harold Cashman 

Hulse-Moyer, Laurie (ECY) 

Janette Brimmer 

Josh Osborne-Klein 

Julie White 

Kathleen Ridihalgh 

Kathryn VanNatta 

Katie Skipper 

Mike Ennis 

No Name Available 

Nolph, Shawn (ECY} 

Patricia Davis 

Patty Martin 

Sandy Paris 

Steve Van Slyke 

Tonnie Cummings 

Wayne Wooster 

amg@STATESIDE.COM 

becky@WECPROTECTS.ORG 

bbcove@COMCAST.NET 

doii@TMW-LAW.COM 

brian_brazii@TRANSAL TA.COM 

mcro461@ECY.WA.GOV 

dkdp44@GMAIL.COM 

dclouser~AQUATICBATH.COM 

davld.w.moore@BOEING.COM 

doug.howeii@SIERRACLUB.ORG 

Doug@ENVIROLAWNW.COM 

jekr461@ECY.WA.GOV 

mfor461 @ECY.WA.GOV 

ptawdirector@ZOHO.COM 

hjcashman@WHATCOMENVIRONMENTAL.COM 

lahu461 @ECY.WA.GOV 

jbrimmer@EARTHJUSTICE.ORG 

joshaok@YAHOO.COM 

juliewhi@JELD-WEN.COM 

kathleen.rldihalgh@SIERRACLUB.ORG 

kathryn@NWPULPANDPAPER.ORG 

kskipper@NWCLEANAIR.ORG 

mikee@AWB.ORG 

arobns@GMAIL.COM 

snoi461@ECY.Wt\.GOV 

tapestry4@gmail.com 

martin@NWI.NET 

Sandy.Paris@P66.COM 

stevev@PSCLEANAIR.ORG 

tonnie_cummings@NPS.GOV 

wewooster@LONGFIBRE.COM 

2 
90

Response to Comments

Commenter Index

The table below lists the names of organizations or individuals who submitted a comment on the 

SIP proposal and where you can find Ecology’s response to the comment(s). 

Comment 

No. 

Name Document

Location 

Location of

Response 

1 Niles Powell, Port Townsend resident Page 94 Page 90

2 Email submitted by David Moore, with attached 

letter signed by Terry Mutter, Enterprise Safety 

and Global EHS Director, The Boeing Company

Page 96 Page 91

3 Email from Bob Sextro, Principal Engineer, 

Sequim

Page 98 Page 91

4 Letter submitted by David Riggleman, Acting 

General Manager, Teck Washington 

Incorporated, Pend Oreille Operations

Page 101 Page 92

Comment 1. Summary of Comments from Mr. Niles Powell: 

Mr. Niles Powell, a Port Townsend resident, notes that he experiences health effects from Port 

Townsend paper emissions. He says residents do not want the paper mill in the area. He feels 

environmental damage and health impacts outweigh jobs provided. He opposes the biomass plant. 

Ecology Response: Thank you for your comments. Your comments are specific to Port Townsend 

Paper Company (PTPC). The Lead Infrastructure SIP covers lead sources all over the state. 

A public comment period for PTPC’s permit modification proposal was open at the same time as 

the public comment period for the Lead Infrastructure SIP. Your comments were also received by 

Ecology’s Industrial Section – the group in Ecology responsible for regulation of pulp and paper 

mills. The Industrial Section will respond to your comments separately as part of the comments on 

PTPC’s permit modification proposal No. 2 paper machine modification (NOC 10453). 

We did not make any changes to the Lead Infrastructure SIP based on your comments.
91

Comment 2. Summary of Comments from Terry Mutter from Boeing: 

Boeing concurs with Ecology’s determination that the existing SIP approved rules are sufficient to 

assure attainment of the new lead standard.

Ecology Response: Thank you for your comments. We did not make any changes to the Lead 

Infrastructure SIP.

Comment 3. Summary of Comments from Bob Sextro, Sequim, Washington

Mr. Sextro comments on the 2012 Airport Lead Study (airport report) and how the data is 

presented in the draft SIP revision. Mr. Sextro recognizes that while concentrations at the 

airports were low - and below the concentration of note – the airport report summary 

mischaracterizes the values at the Auburn airport as ‘very low’. Mr. Sextro noted that Figure 5 

of the airport report shows that measured lead values exceeded half the NAAQS for four 24 

average periods and one monthly average. 

Mr. Sextro also expressed concern the study was only one year long.

Ecology Response: Thank you for your comments. Your comments on the airport report were 

forwarded to the monitoring coordinator (Mike Ragan) and the report author (John Williamson) to 

review and consider any changes.

Monitoring studies vary in length based on the reason for collecting the data. The EPA required 

airport study was designed to fulfill a specific objective. When setting the 2008 lead standard, 

EPA had limited information on impacts to ambient air from airports. When EPA decided to 

keep the lead emission reporting threshold for lead at 1.0 ton per year, they required a study of 

smaller airports identified to potentially be at risk. In EPA’s final lead monitoring requirements 

rule, they called for monitoring at 17 airports for 12 consecutive months to determine the need 

for additional monitoring at the nation’s small airports. They choose airports for the study that 

emitted between 0.5 ton and 1.0 per year in 2008 and had characteristics that might lead to 

concentrations approaching or exceeding the NAAQS (such as ambient air located within 150 

meters of the location of maximum emissions, such as at the end of a runway or run-up location).

Ecology staff reviewed Element B on ambient air quality monitoring in the lead infrastructure

SIP that will be submitted to EPA. As you noted, the rolling three month average is the metric 
92

used to determine compliance. And, the only airports required to continue monitoring were 

those that reported monthly rolling three-month averages higher than 50% of the NAAQS. The 

fact that the Auburn airport measured values over half the NAAQS for a few 24-hour periods and 

one monthly average does not threaten the lead air quality standard or trigger further monitoring. 

To provide for greater clarity and transparency Ecology has added a footnote to this section of 

the Lead Infrastructure SIP. The report on Washington’s airport study is available on Ecology’s 

website (publication 13-02-040); the EPA update on monitoring for lead at the 17 airports where 

monitoring was done around the country is available on EPA’s website (EPA-420-F-13-032).

Comment 4. Summary of Comments from David Riggleman, Acting General Manager, Teck 

Washington Incorporated, Pend Oreille Operations:

Tech Washington Inc., believes the current SIP is adequate for meeting the 2008 lead NAAQS, so 

there is no reason for additional rulemaking.

Ecology Response: Thank you for your comments. Ecology appreciates your agreement with 

our determination that provisions in our existing SIP are adequate to maintain the 2008 lead 

standard in Washington State. We are not proposing any new rules; we are referring to rules 

adopted by the state, approved by EPA that are currently in the SIP. The list of existing SIPapproved rules and statutes that contain the authority and means to implement the lead standard 

are provided for reference in the Lead Infrastructure SIP and are not newly proposed or adopted. 
93 

No Hearing Request Certification

Ecology did not receive a request for a hearing, so no hearing was held. Following is the Ecology

project lead certification.

TO: STU CLARK, MIA BELLON 

FROM: LAUIUE HULSE-MOYER, NR QUALlTY PLANNER 

SUBJECT: CERTIFICATION OF HEARING NOTICE AND PUBLIC COMMENTS FOR LEAD 

INFRASTRUCTURE SIP CERTIFICATION 

DATE: MARCH 18,2014 

CC: JULIE OLIVER, NANCY I'IUTCHETT 

I certify that Ecology did not receive a request for a hearing on the Lead Infrastructure SIP 

Revision within the 30 day notification period; We received three comments. 

On February 14, 2014, The Daily Journal of Commerce published a notice that opened the public 

comment period and offered the community an opportunity to request a hearing. This 

announcement provided a full 30 days ac{vance notice. The Response to Comments includes a 

section documenting the public process for this submittal, and includes evidence that Ecology 

offered to hold the public hearing In accordance with t he requirements of 40 CFR §51.102. 

Laurie Hulse-Moyer, Project Lead 
94 

Copies of All Written Comments

Comment 1. Niles Powell, received at AQComments@ecy.wa.gov on Sunday, 2/23/2014 

at 8:16 AM: 

Hulse-Moyer, Laurie (ECY) 

From: Niles (4meagain99@gmail.com] 

Sent: Sunday, February 23, 2014 8:16AM 

To: 

Subject: ECY RE AQComments Lead_Nationai_Ambient_Air _Quality_ Standards 

I am a resident of Port Townsend, Washington. 

This is my "public comment" on the Port Townsend Paper Company (PTPC). 

1. If one reads the language at your web site, http://www.ecy.wa.gov/news/2014/020.html it 

is clear that taking public comment is a formality and that PTPC will ultimately get 

exactly what they want; the web site says that. 

2. If you lived in this town you would know that the vast majority of people here would like 

PTPC gone, for the following reasons. 

• PTPC representatives have repeatedly lied to us and to you. 

• For decades, PTPC has been sacrificing the health and welfare of the local citizens 

and our environment in order to maximize their profits. 

• The argument that PTPC creates jobs, while true, is a cruel hoax, because long term 

economic analysis of mill towns around the US has shown that. if all costs are included 

(like increased health care needs and repairing environmental damage, for example) 

these corporations are a net economic loss to the communiti.es in which they do 

business. 

3. No honest, comprehensive poll has ever been taken to see if the people here want this 

corporation in this town. There is a reason for that; ECY; PTPC and the other powers 

that be don't want to know the result of such a poll. It does not matter what we think. 

4. Not infrequently I am awakened by the toxic fumes from the mill with a sore throat and a 

headache. That stench lasts for hours at the minimum. Analysis at similar sites around 

the country tells us that our land, ground water, air and bay are all poisoned by waste 

from PTPC. You and other corporate and governmental representatives talk about test 

wells and landfill pennits and parts per million as if you were really trying to solve this 

problem; but you are not. What PTPC has been putting into the landfill, into the air and 

into the water every day for decades has not been adequately limited or monitored. And 

now there is going to be a biomass generator here, which will compound all these· 

problems. 

5. Our ability as hl1man beings to rationalize is stunning. I am telling you that we in this 

town don't want PTPC here and that it is making many Of us sick and yet, even though 

you work for a regulatory agency which purportedly has the power to stop this pollution, 
95 

 

you will attempt to placate us with talk and find a reason to do what PTPC wants; that is 

how the regulatory process really works. 

If you read this far, thank you. 

N iles Powell 

2508 Holcomb Street 

Pott Townsend, W A 98368 

360-379-1282 

2 
96 

Comment 2. Email submitted by David Moore, with attached letter signed by Terry Mutter, 

Enterprise Safety and Global EHS Director, The Boeing Company

Hulse-Moyer, Laurie (ECY) 

From: 

Sent: 

To: 

Cc: 

Subject: 

Attachments: 

Moore, David W [david.w.moore@boeing.com] 

Friday, March 07, 2014 7:12AM 

ECY RE AQComments 

Hulse-Moyer, Laurie (ECY) 

Washington's proposed air quality plan for lead 

Commentletter -Ecology-03-07 -2014.pdf 

Attached are the comments of The Boeing Company on Washington's proposed air quality plan 

for lead. If you have any questions, please Jet me know. 

Vavic[ Moore 

Boeing EHS Policy 

(425) 237-1972 (des!{) 

( 425) 830-5464 (cell) 

dnvid.w.rnoore@ IJOeing.com 
97 

~ 

March 7, 2014 

Tho Booing Company 

fJ 0 Urw 1 /07 

g llll·' w A 2· ·?l / 

Ms. Laurie Hulsc-Moyer 

Washington Department of Ecology 

P.O. Box 47600 

Olympia, W A 98504-7600. 

BOEING Subject: Proposed Infrastructure SIP Certification for the 2008 Lead National 

Ambient Air Quality Standards. Sections II O(a)(l )-(2) of the Clean Air Act. 

Dear Ms. Hulse-Moyer: 

The Boeing Company has reviewed the subject proposal. Boeing concurs with 

Ecology's determination that the existing SIP approved rules are sufficient to 

assure allainment of the new Pb standards Boeing concurs with Ecology's 

determination that the existing SIP approved rules arc sufficient to assure 

allainment of the new ambient lead standards 

Thank you for your consideration. If you have questions, please contact David 

Moore at425-237-1972, or david.w.moore@boeing.com. 

Sincerely, 

~ - Te · Mt ter 

D ©:te%nterprise Strategy and Global EHS 

Environment Health and Safety 

The Boeing Company 
98 

Comment 3. Bob Sextro, Sequim, Washington, email, March 10, 2014 

Hulse-Moyer, Laurie (ECY) 

From: 

Sent: 

To: 

Cc: 

Subject: 

Attachments: 

Sextro, Bob [robert.sextro@noblis.org] 

Monday, March 10, 2014 3:28PM 

ECY RE AQComments 

Hulse-Moyer, Laurie (ECY) 

comments on draft SIP for Lead 

Comment on the February 2014 Draft WA State SIP Revision.docx 

attached are my comments on the Feb 2014 draft SIP revision for lead, regards, Bob 

Bob Sextro 

Principal Engineer 

Sequim WA 

(360) 808·2672 (cell) 

(360) 582·1422 (office) 
99 

Comment on the February 2014 Draft WA State SIP Revision 

General: I have no comment s or questions related to the need, methodology and final analysis of this 

draft SIP revision related to Lead. My comments below relate to the accuracy, clarity, and completeness 

of the information presented in the draft SIP revision and the draft 2012 Airport Lead Study. 

Page vii, in the last paragraph of this page, the measured lead concentrations at the two monitored 

airports are described as "very low". Based on the discussion below and the use of figures Sand 6 from 

the Airport Lead Study Report, I recommend describing them as follows; either "we found moderate to 

low concentrations" or "we found low to very low concentrations" at Auburn and Harvey respectively. I 

prefer the use of "moderate to low" relative to the SO% NAAQS as lead measured at Auburn did actually 

exceed that 50% benchmark for multiple 24 hour averages and one monthly average. 

Page 9, Air Monitoring Study and referenced report, while t he use of the "rolling three month average" 

value for ambient lead concentrations may be t he statistic of note, the summary here as excerpted from 

the referenced report is somewhat misleading and should provide additional information. 

I recommend stating that while the rolling three month average for Auburn Airport hit a maximum of 

37% of the NAAQS, the monthly average for September 2012 exceeded SO% of the NAAQS (0.09S ug/m3 

verses 0.075 ug/m3) and eight 24 hour averages met or exceeded SO% of the NAAQS. While none of the 

rolling, monthly or 24 hour averages at Harvey Field were even close to exceeding SO% of the NAAQS. 

Comment on the referenced 2012 Airport Lead Study. 

What is misleading about the statements in the Results and Conclusions section on page 8 is simply that 

if one reads the text without looking at the graphs in figures Sand 6 (figures not included or appended 

to the SIP revision), you would believe that the ambient lead concentrations at both airports were well 

below the benchmark of 50% of the NAAQS. However, looking at the graphs in figures Sand 6 presents a 

different pict ure. While it is true that the rolling 3-month averages at both airports are below SO% of the 

NAAQS, the lead detected at Auburn airport is at least relevant to further discussion (as noted above). I 

suggest that this type of discussion (from above) be also presented here in the Airport Lead Study 

Report. 

In my email exchanges with Ecology I asked about what is considered a "representative" sampling 

period for lead studies such as this and if it is known if 2012 was "an average or representative" year for 

airport activity. Mike Ragan indicated that "normally" a three year study might be warranted but by EPA 

protocol, if the rolling 3-month average does not exceed SO% of the NAAQS, 1 year is enough. However, 

since the measured lead values at Auburn Airport did have monthly and even 24 hour exceedences, the 

question of a "representative year" seem to me to still be note-worthy and needs discussion in the 

narrative of this report. 
100 

Also, in the email exchanges, the laboratory indicated that they performed lab duplicates. On page 13 of 

the report, I recommend a discussion and presentation of the lab duplicate results that would bolster 

the already very good QA discussion on sampling precision using collocated samplers and accuracy using 

the audit lead strips. 
101 

Comment 4. David Riggleman, Acting General Manager, Teck Washington Incorporated, Pend 

Oreille Operations:

David E. Riggleman 

Acting General Manager 

David.Riggleman@teck.com 

February 26, 2014 

Ms. Laurie Hulse-Moyer 

Washington State Department of Ecology 

P.O. Box 47600 

Olympia, WA 98504-7600 

Teck Washington Incorporated 

Pend Orellle Operations 

P.O. Box 7 

1382 Pend Orellle Mine Road 

~e reij 

BY':.. ·-----

+1 509 446-5347 Dir 

+1 509 446 4516 Tel 

+1 509 446 2830 Fax 

www.leck..com 

Teck 

Certified Mail 6681 5745 

Re: Follow-up to Pend Oreille Mine's LCRS update to Ecology Dated January 24, 2014. 

Dear Ms. Hulse-Moyer, 

Teck Washington Incorporated (TWI) and the Pend Oreille Mine (POM) is a zinc and lead mine currently 

operating in a care and maintenance capacity. We are located near Metaline Falls in northeast Washington 

State. 

We have had an opportunity to review the Department of Ecology's Air Programs proposed plan to EPA, an 

infrastructure State Implementation Plan (SIP), that certifies Washington's capacity to implement the 2008 

lead standards. TWI understands the requirements of the Clean Air Act, and the importance to implement, 

maintain, and enforce new and revised National Ambient Air Quality Standards (NAAQS), but it is our opinion 

the current SIP is adequate for meeting the new EPA lead NAAQS and there is no reason to engage in 

additional rule-making to attain it. 

TWI appreciates the opportunity to comment on issues such as these. If you have any questions please feel 

free to me at at (509) 446-5347. 

]:o£~ David Riggleman 

Acting General Manager 

Pend Oreille Operations 

S:\Environmentai\02·26-14_Ecology Lead SIP Comment Letter 
102 

Ted: Wnhington lncOI'pOf•ttd Pend Or~ lie OpefltiOn$ 

P.O. Box 7 1382Pe'IC!OrelfeMNR* 

~fa.b. WAUSA 99153 

leek 

CERTIFIED MAIL~ - -----

7 011 2000 0001 bb81 5745 

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