State Implementation Plan

(SIP) Revision

Ammendments to Chapters 173-400 

and 173-476 Washington 

Administrative Code

Rule SIP Revision

June 2016

Publication no. 16-02-012

i

Publication and Contact Information

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

https://fortress.wa.gov/ecy/publications/SummaryPages/1602012.html

For more information contact:

Air Quality Program

P.O. Box 47600 

Olympia, WA 98504-7600 

Phone: 360-407-6800

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

Accommodation Requests: If you need this document in a format for the visually 

impaired, call Air Quality Program reception at 360-407-6800. Persons with impaired 

hearing may call Washington Relay Service at 711. Persons with speech disability may 

call TTY at 877-833-6341.
ii

State Implementation Plan (SIP) 

Revision

Amendments to Chapters 173-400 and 173-

476 Washington Administrative Code

Rule SIP Revision

Air Quality Program

Washington State Department of Ecology

Olympia, Washington
iii

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iv

Table of Contents

Page

Executive Summary.............................................................................................................v

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

Background....................................................................................................................1

Scope and Purpose of SIP Revision...............................................................................1

Lean................................................................................................................................2

Public Involvement ........................................................................................................2

What Ecology requests EPA to do? ...............................................................................2

Proposed SIP Revision.........................................................................................................3

Proposed Revisions to Chapter 173-400 WAC for inclusion into the Washington SIP3

Revisions to Chapter 173-476 WAC proposed for inclusion into the Washington SIP 4

Proposed Revisions to Chapter 173-400 WAC for Inclusion into the Washington SIP 

applicable in Benton Clean Air Agency’s Jurisdiction..................................................4

Appendices .......................................................................................................................7

Appendix A. SIP Revision Overview Table – Chapter 173-400 WAC.........................8

Appendix B. Strikeout Rule Language in Chapter 173-400 WAC proposed for 

inclusion in SIP............................................................................................................16

Appendix C. Strikeout Rule Language in Chapter 173-476 WAC proposed for 

inclusion in SIP............................................................................................................86

Appendix D. Differences between the Proposed SIP Revisions in the First & Second 

Public Comment Periods..............................................................................................88

Appendix E. Benton Clean Air Agency’s Request to include Portions of Chapter 173-

400 WAC in their SIP..................................................................................................89

Appendix F. Public Involvement .................................................................................91

Appendix F.1. Affidavits of Publications............................................................92

Appendix F.2. Notices of Proposed SIP Revision...............................................97

Appendix F.3. Public Involvement Calendar ....................................................101

Appendix F.4. Hearing Summary Memo ..........................................................107

Appendix G. SIP Adoption Order..............................................................................108
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Executive Summary

Background

The federal Clean Air Act authorizes EPA to adopt national ambient air quality standards 

(NAAQS) to protect the public health and welfare. The act requires states to adopt and 

submit to EPA their state implementation plans (SIPs) to attain and maintain the latest 

national air quality standards and relevant federal rules, after reasonable notice and public 

hearing. When EPA approves SIP, they become federally enforceable. 

Scope and Purpose

Washington State Department of Ecology (Ecology) adopted amendments of the following 

two rules on May 31, 2016: 

• General Regulation for Air Pollution Sources, Chapter 173-400 Washington 

Administrative Code (WAC). Ecology amended this rule to comply with the latest 

federal regulations, and to facilitate easier adoption of future federal regulations using 

a single adoption date. 

• Ambient Air Quality Standards, Chapter 173-476 WAC. In 2015, EPA lowered the 

maximum concentration of ground level ozone in the ambient air from 75 to 70 parts 

per billion (ppb). Ecology adopted this new and more stringent standard in the state 

rule, Chapter 173-476 WAC. 

The purpose of this SIP submittal is to request EPA include portions of these amendments 

into the Washington SIP. Moreover, on behalf of Benton Clean Air Agency, Ecology 

requests EPA to include portions of the amendments to Chapter 173-400 WAC into the 

Washington SIP applicable in Benton Clean Air Agency’s (BCAA’s) jurisdiction. The 

Washington SIP currently includes previous versions of these rules, including the SIP 

applicable in Benton Clean Air Agency jurisdiction.

Lean at Ecology

Ecology has used the Lean program to improve its rulemaking process. Lean is the integrated 

implementation of proven principles and tools to continuously improve customer values 

while minimizing waste. This SIP submittal includes the first rule revised using the 

redesigned rule making process as part of the Lean program to timely comply with federal 

requirements.

Public Involvement

Ecology invited public comment on the proposed SIP revision twice, and met the public 

hearings requirements in 40 CFR 51.102. Ecology invited public comment on the proposed 

SIP revision from February 25 to April 12, 2016 and from April 18 to May 27, 2016. Ecology 

published the notices in the Daily Journal of Commerce on March 7, 2016 and April 18, 

2016. BCAA published its parallel notice for public comment and hearing in the Tri-City 

Herald on March 6, 2016. Ecology held the public hearing for the first period on April 5, 

2015. No one provided comment on the proposed SIP revision. Ecology did not hold a 

second public hearing, as no-one requested a hearing.

1

Introduction

Background

The federal Clean Air Act authorizes EPA to adopt national ambient air quality standards (NAAQS) 

to protect the public health and welfare. The act requires states to adopt and submit to EPA their state 

implementation plans (SIPs) to attain and maintain the latest national air quality standards, after 

notice and public hearing. When SIPs are approved by EPA, they become federally enforceable. 

Washington’s SIP is a comprehensive set of documents that includes some of Ecology’s and local 

clean air agencies’ regulations and programs. Washington’s SIP needs to be updated when federal 

requirements change and/or when the state chooses to change its air quality management strategies to 

meet the national ambient air quality standards.

Scope and Purpose of SIP Revision

Washington State Department of Ecology (Ecology) adopted amendments of the following two 

rules on May 31, 2016: 

• General Regulation for Air Pollution Sources, Chapter 173-400 Washington 

Administrative Code (WAC). The amendments to this rule were mainly to ensure 

compliance with the latest federal regulations, and to facilitate easier adoption of future 

federal regulations using a single adoption date. 

• Ambient Air Quality Standards, Chapter 173-476 WAC. In October 2015, EPA lowered 

the maximum concentration of ground level ozone in the ambient air from 75 to 70 parts per 

billion (ppb). Ecology adopted this new and more stringent standard in the state rule, Chapter 

173-476 WAC. The inclusion of this updated rule in the Washington SIP is to ensure 

compliance with the NAAQS and provide for increased public health and environmental 

protection from harmful effects of ground-level ozone. 

The purpose of this SIP revision is to meet the federal Clean Air Act requirements of Title I - Air 

Pollution Prevention and Control, Part A – Section 110, Part C (Prevention of Significant 

Deterioration program), and Part D (Nonattainment New Source Review) by adopting the latest 

national ambient air quality standards and relevant federal regulations. 

Ecology requests EPA to approve the inclusion of portions of the amendments in Chapter 173-400 

WAC and Chapter 173-476 WAC into the Washington SIP. EPA has approved portions of the 

previous versions of these rules into the Washington SIP. 

Similarly, Ecology requests EPA to include portions of the amendments to Chapter 173-400 WAC to 

update the Washington SIP applicable in BCAA’s jurisdiction. Benton Clean Air Agency has 

adopted portions of Chapter 173-400 WAC to implement and enforce it in its jurisdiction, except the 

provisions that apply to the Prevention of Significant Deterioration (PSD) permitting program and 

that overlap with its local Regulation 1. EPA approved the previous version of Chapter 173-400 

WAC in to the Washington SIP applicable in BCAA’s jurisdiction. 
2

Lean

Ecology has been working on Lean program to improve its rulemaking process efficiency. Lean is 

the integrated implementation of proven principles and tools to continuously improve customer 

values while minimizing waste. Lean focuses on optimizing the flow of products and services

through the entire value chain of an organization’s business processes. The new rule making process 

has shortened the process by removing repetitive and unessential steps. This SIP revision used the 

rules revised under the pilot implementation of the improved rulemaking process aimed at facilitating 

compliance to federal requirements. 

Public Involvement

Ecology invited public comment on the proposed SIP revision twice, and met the public hearing 

requirements in 40 CFR 51.102. The first public comment period was held between February 25 and 

April 12, 2016. Ecology published the notice for the public comment period and hearing in the Daily 

Journal of Commerce on March 7, 2016. Benton Clean Air Agency published its parallel notice for 

public comment and hearing in the Tri-City Herald on March 6, 2016. The public hearing for the 

first period was held on April 5, 2016, and no one provided comment on the proposed SIP revision. 

Ecology held a second comment period from April 18 to May 27, 2016 because Ecology included 

additional parts of Chapter 173-400 WAC in the proposed SIP revision. The notice for the second 

public comment period and conditional hearing (planned for May 24, 2016, if requested) was 

published in the Daily Journal of Commerce on April 18, 2016. Ecology did not hold public hearing, 

as no-one requested a hearing. 

What Ecology requests EPA to do?

In this SIP submittal, Ecology requests EPA to take the following actions:

• Approve the proposed portions of the revised Chapters 173-400 and 173-476 WAC in the 

Washington SIP; 

• Remove the outdated provisions from the Washington SIP, after replacing them with the 

approved ones;

• Approve the proposed portions of the revised Chapter 173-400 WAC in the Washington SIP 

applicable in the Benton Clean Air Agency (BCAA) jurisdiction;

• Remove the outdated provisions from the Washington SIP applicable in the Benton Clean Air 

Agency jurisdiction, after replacing them with the approved ones.
3

Proposed SIP Revision 

This State Implementation Plan revision includes amendments adopted May 31, 2016 to the 

following two state rules.

Proposed Revisions to Chapter 173-400 WAC for inclusion into the Washington SIP

• WAC 173-400-025 Adoption of federal rules.

• WAC 173-400-040 General standards for maximum emissions, except:

o WAC 173-400-040(2)(c) Visible emissions. 

o WAC 173-400-040(2)(d) Visible emissions. 

o WAC 173-400-040(3) Fallout.

o WAC 173-400-040(5) Odors. 

o WAC 173-400-040(7) Sulfur dioxide, second paragraph.

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

o WAC 173-400-050(2) For any incinerator ... 

o WAC 173-400-050(4) Commercial and industrial solid waste incineration units 

constructed on or before November 30, 1999.

o WAC 173-400-050(5) Small municipal waste combustion units constructed on or 

before August 30, 1999.

o WAC 173-400-050(6) Hospital/medical/infectious waste incinerators constructed 

on or before December 1, 2008.

o WAC 173-400-050(7) Sewage sludge incinerator constructed on or before October 

14, 2010.

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

• WAC 173-400-070, except: 

o WAC 173-400-070(7) Sulfuric acid plants. 

o WAC 173-400-070(8) Municipal solid waste landfills constructed, reconstructed, or 

modified before May 30, 1991.

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

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

sources and portable sources, except:

o WAC 173-400-111(3)(h) The requirements of Chapter 173-460 WAC.

o The part of WAC 173-400-111(8)(a)(v) that says, “and 173-460-040,”. 
4

o WAC 173-400-111(9) Fees. 

• WAC 173-400-116 Increment protection.

• WAC 173-400-171 Public notice and opportunity for public comment, except:

o The part of WAC 173-400-171(3)(b) that says, “or any increase in emissions of a 

toxic air pollutant above the acceptable source impact level for that toxic air 

pollutant as regulated under chapter 173-460 WAC.”

o WAC 173-400-171(12) Special requirements for ecology only actions. 

• WAC 173-400-260 Conflict of Interest.

• WAC 173-400-710 Definitions.

• WAC 173-400-720 Prevention of significant deterioration (PSD), except: 

o WAC 173-400-720(4)(a)(i through iv) Applicable requirements. 

o WAC 173-400-720(4)(b)(iii)(C) 

• WAC 173-400-730 Prevention of significant deterioration application processing procedures.

• WAC 173-400-740 PSD permitting public involvement requirements.

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

• WAC 173-400-830 Permitting requirements.

• WAC 173-400-840 Emission offset requirements.

• WAC 173-400-850 Actual emissions plant wide applicability limitation (PAL).

Revisions to Chapter 173-476 WAC proposed for inclusion into the Washington SIP

• WAC 173-476-020 Applicability.

• WAC 173-476-150(1) Standard for ozone.

• WAC 173-476-900 Table of standards.

Proposed Revisions to Chapter 173-400 WAC for Inclusion into the Washington SIP 

applicable in Benton Clean Air Agency’s Jurisdiction

• WAC 173-400-025 Adoption of federal rules.

• WAC 173-400-040 General standards for maximum emissions, except:

o WAC 173-400-040(2)(c) Visible emissions. 

o WAC 173-400-040(2)(d) Visible emissions. 
5

o WAC 173-400-040(3) Fallout.

o WAC 173-400-040(5) Odors. 

o WAC 173-400-040(7) Sulfur dioxide, second paragraph.

The following sections are additional exceptions in this SIP because they are included in 

BCAA’s Regulation 1 that replaces or supplements parts of Chapter 173-400 WAC:

o WAC 173-400-040(4) Fugitive emissions.

o WAC 173-400-040(9)(a) Fugitive dust.

o WAC 173-400-040(9)(b) Fugitive dust.

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

o WAC 173-400-050(2) For any incinerator ... 

o WAC 173-400-050(4) Commercial and industrial solid waste incineration units 

constructed on or before November 30, 1999.

o WAC 173-400-050(5) Small municipal waste combustion units constructed on or 

before August 30, 1999.

o WAC 173-400-050(6) Hospital/medical/infectious waste incinerators constructed 

on or before December 1, 2008.

o WAC 173-400-050(7) Sewage sludge incinerator constructed on or before October 

14, 2010.

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

• WAC 173-400-070, except: 

o WAC 173-400-070(7) Sulfuric acid plants. 

o WAC 173-400-070(8) Municipal solid waste landfills constructed, reconstructed, or 

modified before May 30, 1991.

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

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

sources and portable sources, except:

o WAC 173-400-111(3)(h) The requirements of Chapter 173-460 WAC.

o The part of WAC 173-400-111(8)(a)(v) that says, “and 173-460-040,”

o WAC 173-400-111(9) Fees. 

• WAC 173-400-171 Public notice and opportunity for public comment, except:

o The part of WAC 173-400-171(3)(b) that says, “or any increase in emissions of a 

toxic air pollutant above the acceptable source impact level for that toxic air 

pollutant as regulated under chapter 173-460 WAC.”
6

o WAC 173-400-171(12) Special requirements for ecology only actions. 

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

• WAC 173-400-830 Permitting requirements.

• WAC 173-400-840 Emission offset requirements.

• WAC 173-400-850 Actual emissions plant wide applicability limitation (PAL).
7

Appendices

Appendix A. SIP Revision Overview Table – Chapter 173-400 WAC

Appendix B. Strikeout Rule Language in Chapter 173-400 WAC proposed for inclusion in SIP

Appendix C. Strikeout Rule Language in Chapter 173-476 WAC proposed for inclusion in SIP

Appendix D. Differences between the Proposed SIP Revisions in the First & Second Public 

Comment Periods 

Appendix E. Benton Clean Air Agency’s Request to include Portions of Chapter 173-400 WAC 

in their SIP

Appendix F. Public Involvement

• Appendix F.1. Affidavits of Publications

• Appendix F.2. Notices of Proposed SIP Revision

• Appendix F.3. Public Involvement Calendar

• Appendix F.4. Hearing Summary Memo
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Appendix A. SIP Revision Overview Table – Chapter 173-400 WAC

Table 1. General overview of the status of sections in Chapter 173-400 WAC and SIP submittal.

Sections of Chapter 173-400 WAC

Status of the Rule Section in the 

SIP

In this SIP 

Submittal

Not in this 

SIP Submittal 

What is different 

since the last 

SIP approval?

This provision is 

already in the SIP. 

No revisions.

Not being submitted in 

the SIP

Section Section Title

Revise

Remove

New

Unchanged

010 Policy and Purpose. Unchanged, already in SIP x

020 Applicability. Unchanged, already in SIP x

025 Adoption of federal rules. New inclusion in SIP x

030 Definitions, except for: Unchanged, already in SIP x

(91) Unchanged, was out of SIP x

035 Nonroad engines. Unchanged, was out of SIP x

036 Relocation of portable sources. Unchanged, already in SIP x

040 General standards for maximum 

emissions. See specific subsections:

(1); (2)(a) and (b); (4); (6); (7) 

first paragraph only; (8);( 9)

Unchanged, in this SIP x

(2)(e) Revised, in this SIP x

(2)(c) and (d); (3); (5); and (7) 

second paragraph

Unchanged, was out of SIP x

Additional exceptions to Benton 

Clean Air Agency’s SIP: (4), 

(9)(a) and (b)

Unchanged, already in SIP as 

part of BCAA’s Regulation 1

x

045 Control technology fees. Unchanged, was out of SIP x
9

Sections of Chapter 173-400 WAC

Status of the Rule Section in the 

SIP

In this SIP 

Submittal

Not in this 

SIP Submittal 

What is different 

since the last 

SIP approval?

This provision is 

already in the SIP. 

No revisions.

Not being submitted in 

the SIP

Section Section Title

Revise

Remove

New

Unchanged

050 Emission standards for combustion and 

incineration units. See specific 

subsections:

(1) Revised, in this SIP x

(3) Unchanged, in this SIP x

(2); (4) and (5) Revised, was out of SIP x

(6) and (7) New, out of this SIP x

060 Emission standards for general process 

units.

Revised, in this SIP x

070 Emission standards for certain source 

categories. See specific subsections:

(1) and (6) Revised in this SIP x

(2); (3); (4) and (5) Unchanged, in this SIP x

(7) Unchanged, was out of SIP x

(8) Revised, remain out of SIP x

075 Emission standards for sources emitting 

hazardous air pollutants.

Revised, remain out of SIP x

081 Startup and shutdown. Unchanged, already in SIP x

091 Voluntary limits on emissions. Unchanged, already in SIP x

099 Registration program. Unchanged, was out of SIP x

100 Source classifications. Revised, remain out of SIP x
10

Sections of Chapter 173-400 WAC

Status of the Rule Section in the 

SIP

In this SIP 

Submittal

Not in this 

SIP Submittal 

What is different 

since the last 

SIP approval?

This provision is 

already in the SIP. 

No revisions.

Not being submitted in 

the SIP

Section Section Title

Revise

Remove

New

Unchanged

101 Registration issuance. Unchanged, was out of SIP x

102 Scope of registration and reporting 

requirements.

Unchanged, was out of SIP x

103 Emission estimates. Unchanged, was out of SIP x

104 Registration fees. Unchanged, was out of SIP x

105 Records, monitoring, and reporting. Revised, in this SIP x

107 Excess emissions. Unchanged, already in SIP x

108 Excess emissions reporting. Unchanged, was out of SIP x

109 Unavoidable excess emissions. Unchanged, was out of SIP x

110 New source review (NSR) for sources 

and portable sources. Except for:

Unchanged, already in SIP x

(1)(c)(ii)(C) and (e); (2)(d); Parts 

of (4)(b)(vi); (4)(e)(iii);(4)(e)(f)(i); 

(4)(h)(xviii, xxxiii, xxxiv, xxxv, 

xxxvi, xl; and (5)(b) last row in 

Table 110(5)

Unchanged, was out of SIP x

111 Processing notice of construction 

applications for sources, stationary 

sources and portable sources. See 

specific subsections:
11

Sections of Chapter 173-400 WAC

Status of the Rule Section in the 

SIP

In this SIP 

Submittal

Not in this 

SIP Submittal 

What is different 

since the last 

SIP approval?

This provision is 

already in the SIP. 

No revisions.

Not being submitted in 

the SIP

Section Section Title

Revise

Remove

New

Unchanged

(1), (2),(3)((a) through (g), (i)), 

(4), (5), (6), (7), (8) (a)(i) 

through(iv) and (b), and (10)

Unchanged, already in SIP x

(8)(c) Revised, in this SIP x

(3)(h); (8)(a)(v) reference to 

Chapter 173-460 WAC; and (9)

Unchanged, was out of SIP x

112 Requirements for new sources in 

nonattainment areas -- Review for 

compliance with regulations. Except for:

Unchanged, already in SIP x

(8) Unchanged, was out of SIP x

113 New sources in attainment or 

unclassifiable areas -- Review for 

compliance with regulations. Except for:

Unchanged, already in SIP x

Second sentence in (3) Unchanged, was out of SIP x

114 Requirements for replacement or 

substantial alteration of emission control 

technology at an existing stationary 

source.

Unchanged, was out of SIP x

115 Standards of performance for new 

sources. 

Revised, remains out of SIP x

116 Increment protection. Revised, in this SIP, not in 

BCAA SIP

x
12

Sections of Chapter 173-400 WAC

Status of the Rule Section in the 

SIP

In this SIP 

Submittal

Not in this 

SIP Submittal 

What is different 

since the last 

SIP approval?

This provision is 

already in the SIP. 

No revisions.

Not being submitted in 

the SIP

Section Section Title

Revise

Remove

New

Unchanged

117 Special protection requirements for 

federal Class I areas.

Unchanged, already in SIP x

118 Designation of Class I, II, and III areas. Unchanged, already in SIP x

120 Bubble rules. Unchanged, was out of SIP x

131 Issuance of emission reduction credits. Unchanged, already in SIP x

136 Use of emission reduction credits (ERC). Unchanged, already in SIP x

151 Retrofit requirements for visibility 

protection.

Unchanged, already in SIP x

161 Compliance schedules. Unchanged, already in SIP x

171 Public notice and opportunity for public 

comment. See specific subsections:

(1); (2); (3)(a), (b)except the text 

referring toxic air pollutant, (d) 

through (n); (4) through (11);

(12)((a) and (b)), and (13)

Unchanged, already in SIP x

(3)(c) Revised in this SIP x

(3)(b) the text referring to toxic air 

pollutants; 

Unchanged, out of SIP x

(12)(c) Revised, out of SIP x

175 Public information. Unchanged, in SIP x

180 Variance. Unchanged, out of SIP x

190 Requirements for nonattainment areas. Unchanged, already in SIP x
13

Sections of Chapter 173-400 WAC

Status of the Rule Section in the 

SIP

In this SIP 

Submittal

Not in this 

SIP Submittal 

What is different 

since the last 

SIP approval?

This provision is 

already in the SIP. 

No revisions.

Not being submitted in 

the SIP

Section Section Title

Revise

Remove

New

Unchanged

200 Creditable stack height and dispersion 

techniques.

Unchanged, already in SIP x

205 Adjustment for atmospheric conditions. Unchanged, already in SIP x

210 Emission requirements of prior 

jurisdictions.

Unchanged, already in SIP x

220 Requirements for board members. Unchanged, already in SIP, 

not in BCAA SIP

x

230 Regulatory actions. Unchanged, already in SIP

not in BCAA SIP

x

240 Criminal penalties. Unchanged, already in SIP

not in BCAA SIP

x

250 Appeals. Unchanged, already in SIP

not in BCAA SIP

x

260 Conflict of interest. Revised, in this SIP,

not in BCAA SIP

x

560 General order of approval. Except for: Unchanged, already in SIP x

(1)(f) reference to Chapter 173-460WAC Unchanged, was out of SIP x

PERMITTING OF MAJOR STATIONARY SOURCES AND MAJOR MODIFICATIONS

TO MAJOR STATIONARY SOURCES

700 Review of major stationary sources of air 

pollution.

Unchanged, already in SIP, 

not in BCAA SIP

x
14

Sections of Chapter 173-400 WAC

Status of the Rule Section in the 

SIP

In this SIP 

Submittal

Not in this 

SIP Submittal 

What is different 

since the last 

SIP approval?

This provision is 

already in the SIP. 

No revisions.

Not being submitted in 

the SIP

Section Section Title

Revise

Remove

New

Unchanged

710 Definitions. Revised, in this SIP, not in 

BCAA SIP

x

720 Prevention of significant deterioration 

(PSD). See specific subsections:

Not in BCAA SIP

(1) to (3); (4)(a)(v); (4)(b)(i); 

(4)(b)(iii)(A), (B),(D) to (J)

Unchanged, already in SIP x

(4) (b)(ii)&(iv) Revised, in this SIP x

(4)(a)(i-iv) and (4)(b)(iii)(C) Unchanged, was out of SIP x

(4)(a)(vi) EPA rule revised, in this SIP x

730 Prevention of significant deterioration 

application processing procedures.

Revised, in this SIP, not in 

BCAA SIP

x

740 PSD permitting public involvement 

requirements.

Revised, in this SIP, not in 

BCAA SIP

x

750 Revisions to PSD permits. Except for: Unchanged, already in SIP, 

not in BCAA SIP

x

(2) Second sentence. Unchanged, was out of SIP, 

not in BCAA SIP

x

800 Major stationary source and major 

modification in a nonattainment area.

Unchanged, already in SIP x

810 Major stationary source and major 

modification definitions.

Revised, in this SIP x
15

Sections of Chapter 173-400 WAC

Status of the Rule Section in the 

SIP

In this SIP 

Submittal

Not in this 

SIP Submittal 

What is different 

since the last 

SIP approval?

This provision is 

already in the SIP. 

No revisions.

Not being submitted in 

the SIP

Section Section Title

Revise

Remove

New

Unchanged

820 Determining if a new stationary source or 

modification to a stationary source is 

subject to these requirements.

Unchanged, already in SIP x

830 Permitting requirements. Revised, in this SIP x

840 Emission offset requirements. Revised, in this SIP x

850 Actual emissions plantwide applicability 

limitation (PAL).

Revised, in this SIP x

860 Public involvement procedures. Unchanged, already in SIP x

930 Emergency engines. Revised, remain out of SIP x
16

Appendix B. Strikeout Rule Language in Chapter 173-400 

WAC proposed for inclusion in SIP

This document contains the portions of Chapter 173-400 WAC rule language that Ecology will be 

submitting to EPA for inclusion in the Washington State Implementation Plan.

WAC 173-400-025 Adoption of federal rules. Federal rules 

mentioned in this rule are adopted as they exist on January 1, 2016. 

Adopted or adopted by reference means the federal rule applies as if 

it was copied into this rule.

WAC 173-400-040 General standards for maximum emissions. (1) All 

sources and emissions units are required to meet the emission 

standards of this chapter. Where an emission standard listed in 

another chapter is applicable to a specific emissions unit, such 

standard takes precedence over a general emission standard listed in 

this chapter. When two or more emissions units are connected to a 

common stack and the operator elects not to provide the means or 

facilities to sample emissions from the individual emissions units, 

and the relative contributions of the individual emissions units to 

the common discharge are not readily distinguishable, then the 

emissions of the common stack must meet the most restrictive standard 

of any of the connected emissions units.

All emissions units are required to use reasonably available 

control technology (RACT) which may be determined for some sources or 

source categories to be more stringent than the applicable emission 

limitations of any chapter of Title 173 WAC. Where current controls 

are determined to be less than RACT, the permitting authority shall, 

as provided in RCW 70.94.154, define RACT for each source or source 

category and issue a rule or regulatory order requiring the 

installation of RACT.

(2) Visible emissions. No person shall cause or allow the 

emission for more than three minutes, in any one hour, of an air 

contaminant from any emissions unit which at the emission point, or 

within a reasonable distance of the emission point, exceeds twenty 

percent opacity except:
17

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

and the operator can demonstrate that the emissions will not exceed 

twenty percent opacity for more than fifteen minutes in any eight 

consecutive hours. The intent of this provision is to allow the soot 

blowing and grate cleaning necessary to the operation of boiler 

facilities. This practice, except for testing and trouble shooting, 

is to be scheduled for the same approximate times each day and the 

permitting authority must be advised of the schedule.

(b) When the owner or operator of a source supplies valid data 

to show that the presence of uncombined water is the only reason for 

the opacity to exceed twenty percent.

(e) Exemptions from twenty percent opacity standard.

(i) Visible emissions reader certification testing. Visible emissions 

from the "smoke generator" used for testing and certification of 

visible emissions readers per the requirements of 40 C.F.R. Part 60, 

Appendix A, ((Reference)) test method 9 (in effect on the date in WAC 

173-400-025) and ecology methods 9A and 9B shall be exempt from 

compliance with the twenty percent opacity limitation while being 

used for certifying visible emission readers.

(ii) Military training exercises. Visible emissions resulting 

from military obscurant training exercises are exempt from compliance 

with the twenty percent opacity limitation provided the following 

criteria are met:

(A) No visible emissions shall cross the boundary of the 

military training site/reservation.

(B) The operation shall have in place methods, which have been 

reviewed and approved by the permitting authority, to detect changes 

in weather that would cause the obscurant to cross the site boundary 

either during the course of the exercise or prior to the start of the 

exercise. The approved methods shall include provisions that result 

in cancellation of the training exercise, cease the use of obscurants 

during the exercise until weather conditions would allow such 

training to occur without causing obscurant to leave the site 

boundary of the military site/reservation.
18

(iii) Firefighter training. Visible emissions from fixed and 

mobile firefighter training facilities while being used to train 

firefighters and while complying with the requirements of chapter 

173-425 WAC.

(4) Fugitive emissions. The owner or operator of any emissions 

unit engaging in materials handling, construction, demolition or 

other operation which is a source of fugitive emission:

(a) If located in an attainment area and not impacting any 

nonattainment area, shall take reasonable precautions to prevent the 

release of air contaminants from the operation.

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

contributor to the nonattainment status of a designated nonattainment 

area, the owner or operator shall be required to use reasonable and 

available control methods, which shall include any necessary changes 

in technology, process, or other control strategies to control 

emissions of the air contaminants for which nonattainment has been 

designated.

(6) Emissions detrimental to persons or property. No person 

shall cause or allow the emission of any air contaminant from any 

source if it is detrimental to the health, safety, or welfare of any 

person, or causes damage to property or business.

(7) Sulfur dioxide. No person shall cause or allow the emission 

of a gas containing sulfur dioxide from any emissions unit in excess 

of one thousand ppm of sulfur dioxide on a dry basis, corrected to 

seven percent oxygen for combustion sources, and based on the average 

of any period of sixty consecutive minutes, except:

When the owner or operator of an emissions unit supplies 

emission data and can demonstrate to the permitting authority that 

there is no feasible method of reducing the concentration to less 

than one thousand ppm (on a dry basis, corrected to seven percent 

oxygen for combustion sources) and that the state and federal ambient 

air quality standards for sulfur dioxide will not be exceeded. In 

such cases, the permitting authority may require specific ambient air 

monitoring stations be established, operated, and maintained by the 
19

owner or operator at mutually approved locations. All sampling 

results will be made available upon request and a monthly summary 

will be submitted to the permitting authority.

(8) Concealment and masking. No person shall cause or allow the 

installation or use of any means which conceals or masks an emission 

of an air contaminant which would otherwise violate any provisions of 

this chapter.

(9) Fugitive dust.

(a) The owner or operator of a source or activity that generates 

fugitive dust must take reasonable precautions to prevent that 

fugitive dust from becoming airborne and must maintain and operate 

the source to minimize emissions.

(b) The owner or operator of any existing source or activity 

that generates fugitive dust that has been identified as a 

significant contributor to a PM-10 or PM-2.5 nonattainment area is 

required to use reasonably available control technology to control 

emissions. Significance will be determined by the criteria found in 

WAC 173-400-113(4).

WAC 173-400-050 Emission standards for combustion and 

incineration units. (1) Combustion and incineration emissions units 

must meet all requirements of WAC 173-400-040 and, in addition, no 

person shall cause or allow emissions of particulate matter in excess 

of 0.23 gram per dry cubic meter at standard conditions (0.1 

grain/dscf), except, for an emissions unit combusting wood derived 

fuels for the production of steam. No person shall allow the emission 

of particulate matter in excess of 0.46 gram per dry cubic meter at 

standard conditions (0.2 grain/dscf), as measured by ((EPA)) test

method 5 in Appendix A to 40 C.F.R. Part 60, (((in effect on July 1, 

2012))) or approved procedures contained in "Source Test Manual -

Procedures For Compliance Testing," state of Washington, department 

of ecology, as of September 20, 2004, on file at ecology.

(3) Measured concentrations for combustion and incineration 

units shall be adjusted for volumes corrected to seven percent 

oxygen, except when the permitting authority determines that an 
20

alternate oxygen correction factor is more representative of normal 

operations such as the correction factor included in an applicable 

NSPS or NESHAP, actual operating characteristics, or the 

manufacturer's specifications for the emission unit.

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

General process units are required to meet all applicable provisions 

of WAC 173-400-040 and, no person shall cause or allow the emission 

of particulate material from any general process operation in excess 

of 0.23 grams per dry cubic meter at standard conditions (0.1 

grain/dscf) of exhaust gas. ((EPA)) Test methods (((in effect on 

February 20, 2001))) from 40 C.F.R. Parts 51, 60, 61, and 63 and any 

other approved test procedures ((which are contained)) in ecology's 

"Source Test Manual - Procedures For Compliance Testing" as of ((July 

12, 1990)) September 20, 2004, will be used to determine compliance.

WAC 173-400-070 Emission standards for certain source 

categories. Ecology finds that the reasonable regulation of sources 

within certain categories requires separate standards applicable to 

such categories. The standards set forth in this section shall be the 

maximum allowable standards for emissions units within the categories 

listed. Except as specifically provided in this section, such 

emissions units shall not be required to meet the provisions of WAC 

173-400-040, 173-400-050 and 173-400-060.

(1) Wigwam and silo burners.

(a) All wigwam and silo burners designed to dispose of wood 

waste must meet all provisions of WAC 173-400-040 (3), (4), (5), (6), 

(7), (8), and WAC 173-400-050(4) or 173-400-115 (40 C.F.R. Part 60,

subpart DDDD) as applicable.

(b) All wigwam and silo burners must use RACT. All emissions 

units shall be operated and maintained to minimize emissions. These 

requirements may include a controlled tangential vent overfire air 

system, an adequate underfire system, elimination of all unnecessary 

openings, a controlled feed and other modifications determined 

necessary by ecology or the permitting authority.
21

(c) It shall be unlawful to install or increase the existing use 

of any burner that does not meet all requirements for new sources 

including those requirements specified in WAC 173-400-040 and 173-

400-050, except operating hours.

(d) The permit authority may establish additional requirements 

for wigwam and silo burners. These requirements may include, but 

shall not be limited to:

(i) A requirement to meet all provisions of WAC 173-400-040 and 

173-400-050. Wigwam and silo burners will be considered to be in 

compliance if they meet the requirements contained in WAC 173-400-

040(2), visible emissions. An exception is made for a startup period 

not to exceed thirty minutes in any eight consecutive hours.

(ii) A requirement to apply BACT.

(iii) A requirement to reduce or eliminate emissions if ecology 

establishes that such emissions unreasonably interfere with the use 

and enjoyment of the property of others or are a cause of violation 

of ambient air standards.

(2) Hog fuel boilers.

(a) Hog fuel boilers shall meet all provisions of WAC 173-400-

040 and 173-400-050(1), except that emissions may exceed twenty 

percent opacity for up to fifteen consecutive minutes once in any 

eight hours. The intent of this provision is to allow soot blowing 

and grate cleaning necessary to the operation of these units. This 

practice is to be scheduled for the same specific times each day and 

the permitting authority shall be notified of the schedule or any 

changes.

(b) All hog fuel boilers shall utilize RACT and shall be 

operated and maintained to minimize emissions.

(3) Orchard heating.

(a) Burning of rubber materials, asphaltic products, crankcase 

oil or petroleum wastes, plastic, or garbage is prohibited.

(b) It is unlawful to burn any material or operate any orchardheating device that causes a visible emission exceeding twenty 
22

percent opacity, except during the first thirty minutes after such 

device or material is ignited.

(4) Grain elevators.

Any grain elevator which is primarily classified as a materials 

handling operation shall meet all the provisions of WAC 173-400-040 

(2), (3), (4), and (5).

(5) Catalytic cracking units.

(a) All existing catalytic cracking units shall meet all 

provisions of WAC 173-400-040 (2), (3), (4), (5), (6), and (7) and:

(i) No person shall cause or allow the emission for more than 

three minutes, in any one hour, of an air contaminant from any 

catalytic cracking unit which at the emission point, or within a 

reasonable distance of the emission point, exceeds forty percent 

opacity.

(ii) No person shall cause or allow the emission of particulate 

material in excess of 0.46 grams per dry cubic meter at standard 

conditions (0.20 grains/dscf) of exhaust gas.

(b) All new catalytic cracking units shall meet all provisions 

of WAC 173-400-115.

(6) Other wood waste burners.

(a) Wood waste burners not specifically provided for in this 

section shall meet all applicable provisions of WAC 173-400-040. In 

addition, wood waste burners subject to WAC 173-400-050(4) or 173-

400-115 (40 C.F.R. Part 60, subpart DDDD) must meet all applicable 

provisions of those sections.

(b) Such wood waste burners shall utilize RACT and shall be 

operated and maintained to minimize emissions.

WAC 173-400-105 Records, monitoring, and reporting. The owner or 

operator of a source shall upon notification by the director of 

ecology, maintain records on the type and quantity of emissions from 

the source and other information deemed necessary to determine 
23

whether the source is in compliance with applicable emission 

limitations and control measures.

(1) Emission inventory. The owner(s) or operator(s) of any air 

contaminant source shall submit an inventory of emissions from the 

source each year. The inventory will include stack and fugitive 

emissions of particulate matter, PM-10, PM-2.5, sulfur dioxide, 

oxides of nitrogen, carbon monoxide, total reduced sulfur compounds 

(TRS), fluorides, lead, VOCs, ammonia, and other contaminants. The 

format for the submittal of these inventories will be specified by 

the permitting authority or ecology. When submittal of emission 

inventory information is requested, the emissions inventory shall be 

submitted no later than one hundred five days after the end of the 

calendar year. The owner(s) or operator(s) shall maintain records of 

information necessary to substantiate any reported emissions, 

consistent with the averaging times for the applicable standards. 

Emission estimates used in the inventory may be based on the most 

recent published EPA emission factors for a source category, or other 

information available to the owner(s) or operator(s), whichever is 

the better estimate.

(2) Monitoring. Ecology shall conduct a continuous surveillance 

program to monitor the quality of the ambient atmosphere as to 

concentrations and movements of air contaminants. As a part of this 

program, the director of ecology or an authorized representative may 

require any source under the jurisdiction of ecology to conduct stack 

and/or ambient air monitoring and to report the results to ecology.

(3) Investigation of conditions. Upon presentation of 

appropriate credentials, for the purpose of investigating conditions 

specific to the control, recovery, or release of air contaminants 

into the atmosphere, personnel from ecology or an authority shall 

have the power to enter at reasonable times upon any private or 

public property, excepting nonmultiple unit private dwellings housing 

one or two families.

(4) Source testing. To demonstrate compliance, ecology or the 

authority may conduct or require that a test be conducted of the 

source using approved ((EPA)) test methods from 40 C.F.R. Parts 51, 
24

60, 61 and 63 (((in effect on July 1, 2012))) or procedures contained 

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

Washington, department of ecology, as of September 20, 2004, on file 

at ecology. The operator of a source may be required to provide the 

necessary platform and sampling ports for ecology personnel or others 

to perform a test of an emissions unit. Ecology shall be allowed to 

obtain a sample from any emissions unit. The operator of the source 

shall be given an opportunity to observe the sampling and to obtain a 

sample at the same time.

(5) Continuous monitoring and recording. Owners and operators of 

the following categories of sources shall install, calibrate, 

maintain and operate equipment for continuously monitoring and 

recording those emissions specified.

(a) Fossil fuel-fired steam generators.

(i) Opacity, except where:

(A) Steam generator capacity is less than two hundred fifty 

million BTU per hour heat input; or

(B) Only gaseous fuel is burned.

(ii) Sulfur dioxide, except where steam generator capacity is 

less than two hundred fifty million BTU per hour heat input or if 

sulfur dioxide control equipment is not required.

(iii) Percent oxygen or carbon dioxide where such measurements 

are necessary for the conversion of sulfur dioxide continuous 

emission monitoring data.

(iv) General exception. These requirements do not apply to a 

fossil fuel-fired steam generator with an annual average capacity 

factor of less than thirty percent, as reported to the Federal Power 

Commission for calendar year 1974, or as otherwise demonstrated to 

ecology or the authority by the owner(s) or operator(s).

(b) Sulfuric acid plants. Sulfur dioxide where production 

capacity is more than three hundred tons per day, expressed as one 

hundred percent acid, except for those facilities where conversion to 

sulfuric acid is utilized primarily as a means of preventing 
25

emissions to the atmosphere of sulfur dioxide or other sulfur 

compounds.

(c) Fluid bed catalytic cracking units catalyst regenerators at 

petroleum refineries. Opacity where fresh feed capacity is more than 

twenty thousand barrels per day.

(d) Wood residue fuel-fired steam generators.

(i) Opacity, except where steam generator capacity is less than 

one hundred million BTU per hour heat input.

(ii) Continuous monitoring equipment. The requirements of (e) of 

this subsection do not apply to wood residue fuel-fired steam 

generators, but continuous monitoring equipment required by (d) of 

this subsection shall be subject to approval by ecology.

(e) Owners and operators of those sources required to install 

continuous monitoring equipment under this subsection shall 

demonstrate to ecology or the authority, compliance with the 

equipment and performance specifications and observe the reporting 

requirements contained in 40 C.F.R. Part 51, Appendix P, Sections 3, 

4 and 5 (((in effect on May 1, 2012))).

(f) Special considerations. If for reason of physical plant 

limitations or extreme economic situations, ecology determines that 

continuous monitoring is not a reasonable requirement, alternative 

monitoring and reporting procedures will be established on an 

individual basis. These will generally take the form of stack tests 

conducted at a frequency sufficient to establish the emission levels 

over time and to monitor deviations in these levels.

(g) Exemptions. This subsection (5) does not apply to any 

emission unit which is:

(i) Required to continuously monitor emissions due to a standard 

or requirement contained in 40 C.F.R. Parts 60, 61, 62, 63, or 75 or 

a permitting authority's adoption by reference of such federal 

standards. Emission units and sources subject to those standards 

shall comply with the data collection requirements that apply to 

those standards.
26

(ii) Not subject to an applicable emission standard.

(6) No person shall make any false material statement, 

representation or certification in any form, notice or report 

required under chapter 70.94 or 70.120 RCW, or any ordinance, 

resolution, regulation, permit or order in force pursuant thereto.

(7) Continuous emission monitoring system operating 

requirements. All continuous emission monitoring systems (CEMS) 

required by 40 C.F.R. Parts 60, 61, 62, 63, or 75, or a permitting 

authority's adoption of those federal standards must meet the 

continuous emission monitoring systems (CEMS) performance 

specifications and data recovery requirements imposed by those 

standards. All CEMS required under an order, PSD permit, or 

regulation issued by a permitting authority and not subject to CEMS 

performance specifications and data recovery requirements imposed by 

40 C.F.R. Parts 60, 61, 62, 63, or 75 must follow the continuous 

emission monitoring rule of the permitting authority, or if the 

permitting authority does not have a continuous emission monitoring 

rule, must meet the following requirements:

(a) The owner or operator shall recover valid hourly monitoring 

data for at least 95 percent of the hours that the equipment 

(required to be monitored) is operated during each calendar month 

except for periods of monitoring system downtime, provided that the 

owner or operator demonstrated that the downtime was not a result of 

inadequate design, operation, or maintenance, or any other reasonable 

preventable condition, and any necessary repairs to the monitoring 

system are conducted in a timely manner.

(b) The owner or operator shall install a continuous emission 

monitoring system that meets the performance specification in 40 

C.F.R. Part 60, Appendix B in effect at the time of its installation, 

and shall operate this monitoring system in accordance with the 

quality assurance procedures in Appendix F of 40 C.F.R. Part 60 ((in 

effect on May 1, 2012, and the U.S. Environmental Protection 

Agency's)), and EPA's "Recommended Quality Assurance Procedures for 

Opacity Continuous Monitoring Systems" (EPA) 340/1-86-010.
27

(c) Monitoring data commencing on the clock hour and containing 

at least forty-five minutes of monitoring data must be reduced to one 

hour averages. Monitoring data for opacity is to be reduced to six 

minute block averages unless otherwise specified in the order of 

approval or permit. All monitoring data will be included in these 

averages except for data collected during calibration drift tests and 

cylinder gas audits, and for data collected subsequent to a failed 

quality assurance test or audit. After a failed quality assurance 

test or audit, no valid data is collected until the monitoring system 

passes a quality assurance test or audit.

(d) Except for system breakdowns, repairs, calibration checks, 

and zero and span adjustments required under subsection (a) of this 

section, all continuous monitoring systems shall be in continuous 

operation.

(i) Continuous monitoring systems for measuring opacity shall 

complete a minimum of one cycle of sampling and analyzing for each 

successive ten second period and one cycle of data recording for each 

successive six minute period.

(ii) Continuous monitoring systems for measuring emissions other 

than opacity shall complete a minimum of one cycle of sampling, 

analyzing, and recording for each successive fifteen minute period.

(e) The owner or operator shall retain all monitoring data 

averages for at least five years, including copies of all reports 

submitted to the permitting authority and records of all repairs, 

adjustments, and maintenance performed on the monitoring system.

(f) The owner or operator shall submit a monthly report (or 

other frequency as directed by terms of an order, air operating 

permit or regulation) to the permitting authority within thirty days 

after the end of the month (or other specified reporting period) in 

which the data were recorded. The report required by this section may 

be combined with any excess emission report required by WAC 173-400-

108. This report shall include:
28

(i) The number of hours that the monitored emission unit 

operated each month and the number of valid hours of monitoring data 

that the monitoring system recovered each month;

(ii) The date, time period, and cause of each failure to meet 

the data recovery requirements of (a) of this subsection and any 

actions taken to ensure adequate collection of such data;

(iii) The date, time period, and cause of each failure to 

recover valid hourly monitoring data for at least 90 percent of the 

hours that the equipment (required to be monitored) was operated each 

day;

(iv) The results of all cylinder gas audits conducted during the 

month; and

(v) A certification of truth, accuracy, and completeness signed 

by an authorized representative of the owner or operator.

(8) No person shall render inaccurate any monitoring device or 

method required under chapter 70.94 or 70.120 RCW, or any ordinance, 

resolution, regulation, permit, or order in force pursuant thereto.

WAC 173-400-111 Processing notice of construction applications 

for sources, stationary sources and portable sources. WAC 173-400-

110, 173-400-111, 173-400-112, and 173-400-113 apply statewide except 

where a permitting authority has adopted its own new source review 

regulations.

(1) Completeness determination.

(a) Within thirty days after receiving a notice of construction 

application, the permitting authority must 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.

(b) A complete application contains all the information 

necessary for processing the application. At a minimum, the 

application must provide information on the nature and amounts of 

emissions to be emitted by the proposed new source or increased as 

part of a modification, as well as the location, design, 
29

construction, and operation of the new source as needed to enable the 

permitting authority to determine that the construction or 

modification will meet the requirements of WAC 173-400-113. 

Designating an application complete for purposes of permit processing 

does not preclude the reviewing authority from requesting or 

accepting any additional information.

(c) For a project subject to the special protection requirements 

for federal Class I areas under WAC 173-400-117(2), a completeness 

determination includes a determination that the application includes 

all information required for review of that project under WAC 173-

400-117(3). The applicant must send a copy of the application and all 

amendments to the application to the EPA and the responsible federal 

land manager.

(d) For a project subject to the major new source review 

requirements in WAC 173-400-800 through 173-400-860, the completeness 

determination includes a determination that the application includes 

all information required for review under those sections.

(e) An application is not complete until any permit application 

fee required by the permitting authority has been paid.

(2) Coordination with chapter 173-401 WAC, operating permit 

regulation. A person seeking approval to construct or modify a source 

that requires an operating permit may elect to integrate review of 

the operating permit application or amendment required under chapter 

173-401 WAC and the notice of construction application required by 

this section. A notice of construction application designated for 

integrated review must be processed in accordance with operating 

permit program procedures and deadlines in chapter 173-401 WAC and 

must comply with WAC 173-400-171.

(3) Criteria for approval of a notice of construction 

application. An order of approval cannot be issued until the 

following criteria are met as applicable:

(a) The requirements of WAC 173-400-112;

(b) The requirements of WAC 173-400-113;
30

(c) The requirements of WAC 173-400-117;

(d) The requirements of WAC 173-400-171;

(e) The requirements of WAC 173-400-200 and 173-400-205;

(f) The requirements of WAC 173-400-700 through 173-400-750;

(g) The requirements of WAC 173-400-800 through 173-400-860; and

(i) All fees required under chapter 173-455 WAC (or the 

applicable new source review fee table of the local air pollution 

control authority) have been paid.

(4) Final determination - Time frame and signature authority.

(a) Within sixty days of receipt of a complete notice of 

construction application, the permitting authority must either:

(i) Issue a final decision on the application; or

(ii) Initiate notice and comment for those projects subject to 

WAC 173-400-171 followed as promptly as possible by a final decision.

(b) Every final determination on a notice of construction 

application must be reviewed and signed prior to issuance by a 

professional engineer or staff under the direct supervision of a 

professional engineer in the employ of the permitting authority.

(5) Distribution of the final decision.

(a) The permitting authority must promptly provide copies of 

each order approving or denying a notice of construction application 

to the applicant and to any other party who submitted timely comments 

on the application, along with a notice advising parties of their 

rights of appeal to the pollution control hearings board.

(b) If the new source is a major stationary source or the change 

is a major modification subject to the requirements of WAC 173-400-

800 through 173-400-860, the permitting authority must:

(i) Submit any control technology (LAER) determination included 

in a final order of approval to the RACT/BACT/LAER clearinghouse 

maintained by EPA; and

(ii) Send a copy of the final approval order to EPA.
31

(6) Appeals. Any conditions contained in an order of approval, 

or the denial of a notice of construction application may be appealed 

to the pollution control hearings board as provided under chapters 

43.21B RCW and 371-08 WAC.

(7) Construction time limitations.

(a) Approval to construct or modify a stationary source becomes 

invalid if construction is not commenced within eighteen months after 

receipt of the approval, if construction is discontinued for a period 

of eighteen months or more, or if construction is not completed 

within a reasonable time. The permitting authority may extend the 

eighteen-month period upon a satisfactory showing by the permittee 

that an extension is justified.

(b) The extension of a project that is either a major stationary 

source, as defined in WAC 173-400-810, in a nonattainment area or a 

major modification, as defined in WAC 173-400-810, of a major 

stationary source in a nonattainment area must also require LAER, for 

the pollutants for which the area is classified as nonattainment, as 

LAER exists at the time of the extension for the pollutants that were 

subject to LAER in the original approval.

(c) This provision does not apply to the time period between 

construction of the approved phases of a phased construction project. 

Each phase must commence construction within eighteen months of the 

projected and approved commence construction date.

(8) Change of conditions or revisions to orders of approval.

(a) The owner or operator may request, at any time, a change in 

the conditions of an approval order and the permitting authority may 

approve the request provided the permitting authority finds that:

(i) The change in conditions will not cause the source to exceed 

an emissions standard set by regulation or rule;

(ii) No ambient air quality standard will be exceeded as a 

result of the change;
32

(iii) The change will not adversely impact the ability of the 

permitting authority to determine compliance with an emissions 

standard;

(iv) The revised order will continue to require BACT for each 

new source approved by the order except where the Federal Clean Air 

Act requires LAER; and

(v) The revised order meets the requirements of WAC 173-400-111, 

173-400-112, 173-400-113, 173-400-720, and 173-400-830, as 

applicable.

(b) Actions taken under this subsection are subject to the 

public involvement provisions of WAC 173-400-171 or the permitting 

authority's public notice and comment procedures.

(c) The applicant must consider the criteria in 40 C.F.R. 52.21 

(r)(4) ((as adopted by reference in WAC 173-400-720)) or 173-400-

830(3), as applicable, when determining which new source review 

approvals are required.

(10) Enforcement. All persons who receive an order of approval 

must comply with all approval conditions contained in the order of 

approval.

WAC 173-400-116 Increment protection. This section takes effect 

on the effective date of EPA's incorporation of this section into the 

Washington state implementation plan.

(1) Ecology will periodically review increment consumption. 

Within sixty days of the time that information becomes available to 

ecology that an applicable increment is or may be violated, ecology 

will review the state implementation plan for its adequacy to protect 

the increment from being exceeded. The plan will be revised to 

correct any inadequacies identified or to correct the increment 

violation. Any changes to the state implementation plan resulting 

from the review will be subject to public involvement in accordance 

with WAC 173-400-171 and EPA approval.

(2) PSD increments are published in 40 C.F.R. 52.21(c) ((as 

adopted by reference in WAC 173-400-720 (4)(a)(iv))).
33

(3) Exclusions from increment consumption. The following 

concentrations are excluded when determining increment consumption:

(a) Concentrations of particulate matter, PM-10, or PM-2.5, 

attributable to the increase in emissions from construction or other 

temporary emission-related activities of new or modified sources;

(b) The increase in concentrations attributable to new sources 

outside the United States over the concentrations attributable to 

existing sources which are included in the baseline concentration; 

and

(c) Concentrations attributable to the temporary increase in 

emissions of sulfur dioxide, particulate matter, or nitrogen oxides 

from stationary sources, which are affected by a revision to the SIP 

approved by ((the administrator of the environmental protection 

agency)) EPA. Such a revision must:

(i) Specify the time over which the temporary emissions increase 

of sulfur dioxide, particulate matter, or nitrogen oxides would 

occur. Such time is not to exceed two years in duration unless a 

longer time is approved by ((the administrator)) EPA.

(ii) Specify that the time period for excluding certain 

contributions in accordance with (c)(i) of this subsection is not 

renewable;

(iii) Allow no emissions increase from a stationary source, 

which would:

(A) Impact a Class I area or an area where an applicable 

increment is known to be violated; or

(B) Cause or contribute to the violation of a national ambient 

air quality standard.

(iv) Require limitations to be in effect by the end of the time 

period specified in accordance with (c)(i) of this subsection, which 

would ensure that the emissions levels from stationary sources 

affected by the plan revision would not exceed those levels occurring 

from such sources before the plan revision was approved.
34

WAC 173-400-171 Public notice and opportunity for public 

comment. The purpose of this section is to specify the requirements 

for notifying the public about air quality actions and to provide 

opportunities for the public to participate in those actions. This 

section applies statewide except that the requirements of WAC 173-

400-171 (1) through (11) do not apply where the permitting authority 

has adopted its own public notice provisions.

(1) Applicability to prevention of significant deterioration, 

and relocation of portable sources.

This section does not apply to:

(a) A notice of construction application designated for 

integrated review with actions regulated by WAC 173-400-700 through 

173-400-750. In such cases, compliance with the public notification 

requirements of WAC 173-400-740 is required.

(b) Portable source relocation notices as regulated by WAC 173-

400-036, relocation of portable sources.

(2) Internet notice of application.

(a) For those applications and actions not subject to a 

mandatory public comment period per subsection (3) of this section, 

the permitting authority must post an announcement of the receipt of 

notice of construction applications and other proposed actions on the 

permitting authority's internet web site.

(b) The internet posting must remain on the permitting 

authority's web site for a minimum of fifteen consecutive days.

(c) The internet posting must include a notice of the receipt of 

the application, the type of proposed action, and a statement that 

the public may request a public comment period on the proposed 

action.

(d) Requests for a public comment period must be submitted to 

the permitting authority in writing via letter, fax, or electronic 

mail during the fifteen-day internet posting period.

(e) A public comment period must be provided for any application 

or proposed action that receives such a request. Any application or 
35

proposed action for which a public comment period is not requested 

may be processed without further public involvement at the end of the 

fifteen-day internet posting period.

(3) Actions subject to a mandatory public comment period.

The permitting authority must provide public notice and a public 

comment period before approving or denying any of the following types 

of applications or other actions:

(a) Any application, order, or proposed action for which a 

public comment period is requested in compliance with subsection (2) 

of this section.

(b) Any notice of construction application for a new or modified 

source, including the initial application for operation of a portable 

source, if there is an increase in emissions of any air pollutant at 

a rate above the emission threshold rate (defined in WAC 173-400-

030); or

(c) Any use of a modified or substituted air quality model, 

other than a guideline model in Appendix W of 40 C.F.R. Part 51 (((in 

effect on May 1, 2012))) as part of review under WAC 173-400-110, 

173-400-113, or 173-400-117; or

(d) Any order to determine reasonably available control 

technology, RACT; or

(e) An order to establish a compliance schedule issued under WAC 

173-400-161, or a variance issued under WAC 173-400-180; or

Note: Mandatory notice is not required for compliance orders issued 

under WAC 173-400-230.

(f) An order to demonstrate the creditable height of a stack 

which exceeds the good engineering practice, GEP, formula height and 

sixty-five meters, by means of a fluid model or a field study, for 

the purposes of establishing an emission limitation; or

(g) An order to authorize a bubble; or
36

(h) Any action to discount the value of an emission reduction 

credit, ERC, issued to a source per WAC 173-400-136; or

(i) Any regulatory order to establish best available retrofit 

technology, BART, for an existing stationary facility; or

(j) Any notice of construction application or regulatory order 

used to establish a creditable emission reduction; or

(k) Any order issued under WAC 173-400-091 that establishes 

limitations on a source's potential to emit; or

(l) The original issuance and the issuance of all revisions to a 

general order of approval issued under WAC 173-400-560 (this does not 

include coverage orders); or

(m) Any extension of the deadline to begin actual construction 

of a "major stationary source" or "major modification" in a 

nonattainment area; or

(n) Any application or other action for which the permitting 

authority determines that there is significant public interest.

(4) Advertising the mandatory public comment period. Public 

notice of all applications, orders, or actions listed in subsection 

(3) of this section must be given by prominent advertisement in the 

area affected by the proposal. Prominent advertisement may be by 

publication in a newspaper of general circulation in the area of the 

proposed action or other means of prominent advertisement in the area 

affected by the proposal. This public notice can be published or 

given only after all of the information required by the permitting 

authority has been submitted and after the applicable preliminary 

determinations, if any, have been made. The notice must be published 

or given before any of the applications or other actions listed in 

subsection (3) of this section are approved or denied. The applicant 

or other initiator of the action must pay the publishing cost of 

providing public notice.

(5) Information available for public review. The information 

submitted by the applicant, and any applicable preliminary 

determinations, including analyses of the effects on air quality, 
37

must be available for public inspection in at least one location near 

the proposed project. Exemptions from this requirement include 

information protected from disclosure under any applicable law((,)) 

including, but not limited to, RCW 70.94.205 and chapter 173-03 WAC.

(6) Public notice components.

(a) The notice must include:

(i) The name and address of the owner or operator and the 

facility;

(ii) A brief description of the proposal and the type of 

facility, including a description of the facility's processes subject 

to the permit;

(iii) A description of the air contaminant emissions including 

the type of pollutants and quantity of emissions that would increase 

under the proposal;

(iv) The location where those documents made available for 

public inspection may be reviewed;

(v) A thirty-day period for submitting written comment to the 

permitting authority;

(vi) A statement that a public hearing will be held if the 

permitting authority determines that there is significant public 

interest;

(vii) The name, address, and telephone number and e-mail address 

of a person at the permitting authority from whom interested persons 

may obtain additional information, including copies of the permit 

draft, the application, all relevant supporting materials, including 

any compliance plan, permit, and monitoring and compliance 

certification report, and all other materials available to the 

permitting authority that are relevant to the permit decision, unless 

the information is exempt from disclosure;

(b) For projects subject to special protection requirements for 

federal Class I areas, as required by WAC 173-400-117, public notice 

must include an explanation of the permitting authority's draft 
38

decision or state that an explanation of the draft decision appears 

in the support document for the proposed order of approval.

(7) Length of the public comment period.

(a) The public comment period must extend at least thirty days 

prior to any hearing.

(b) If a public hearing is held, the public comment period must 

extend through the hearing date.

(c) The final decision cannot be issued until the public comment 

period has ended and any comments received during the public comment 

period have been considered.

(8) Requesting a public hearing. The applicant, any interested 

governmental entity, any group, or any person may request a public 

hearing within the thirty-day public comment period. All hearing 

requests must be submitted to the permitting authority in writing via 

letter, fax, or electronic mail. A request must indicate the interest 

of the entity filing it and why a hearing is warranted.

(9) Setting the hearing date and providing hearing notice. If 

the permitting authority determines that significant public interest 

exists, then it will hold a public hearing. The permitting authority 

will determine the location, date, and time of the public hearing.

(10) Notice of public hearing.

(a) At least thirty days prior to the hearing the permitting 

authority will provide notice of the hearing as follows:

(i) Give public hearing notice by prominent advertisement in the 

area affected by the proposal. Prominent advertisement may be by 

publication in a newspaper of general circulation in the area of the 

proposed action or other means of prominent advertisement in the area 

affected by the proposal; and

(ii) Mail the notice of public hearing to any person who 

submitted written comments on the application or requested a public 

hearing and in the case of a permit action, to the applicant.
39

(b) This notice must include the date, time and location of the 

public hearing and the information described in subsection (6) of 

this section.

(c) In the case of a permit action, the applicant must pay all 

publishing costs associated with meeting the requirements of this 

subsection.

(11) Notifying the EPA. The permitting authority must send a 

copy of the notice for all actions subject to a mandatory public 

comment period to the EPA Region 10 regional administrator.

(13) Other requirements of law. Whenever procedures permitted or 

mandated by law will accomplish the objectives of public notice and 

opportunity for comment, those procedures may be used in lieu of the 

provisions of this section.

WAC 173-400-260 Conflict of interest. All board members and 

officials acting or voting on decisions affecting air pollution 

sources, must comply with the Federal Clean Air Act, as it pertains 

to conflict of interest((, and 40 C.F.R. 103(d) which is incorporated 

by reference)) (Section 128).

WAC 173-400-710 Definitions. WAC 173-400-710 Definitions. (1) 

For purposes of WAC 173-400-720 through 173-400-750 the definitions 

in 40 C.F.R. 52.21(b)((, adopted by reference in WAC 173-400-720 

(4)(a)(iv), are to)) (in effect on the date in WAC 173-400-025) must

be used((, except)). Exception: The definition of "secondary 

emissions" as defined in WAC 173-400-030 ((will)) must be used.

(2) All usage of the term "source" in WAC 173-400-710 through 

173-400-750 and in 40 C.F.R. 52.21 ((as adopted by reference is to)) 

must be interpreted to mean "stationary source" as defined in 40 

C.F.R. 52.21 (b)(5). A stationary source (or source) does not include 

emissions resulting directly from an internal combustion engine for 

transportation purposes, from a nonroad engine, or a nonroad vehicle 

as defined in section 216 of the Federal Clean Air Act.

WAC 173-400-720 Prevention of significant deterioration (PSD).

(1) No major stationary source or major modification to which the 
40

requirements of this section apply is authorized to begin actual 

construction without having received a PSD permit.

(2) Early planning encouraged. In order to develop an 

appropriate application, the source should engage in an early 

planning process to assess the needs of the facility. An opportunity 

for a preapplication meeting with ecology is available to any 

potential applicant.

(3) Enforcement. Ecology or the permitting authority with 

jurisdiction over the source under chapter 173-401 WAC, the Operating 

permit regulation, shall:

(a) Receive all reports required in the PSD permit;

(b) Enforce the requirement to apply for a PSD permit when one 

is required; and

(c) Enforce the conditions in the PSD permit.

(4) Applicable requirements.

(a) A PSD permit must assure compliance with the following 

requirements:

(v) Allowable emission limits established under WAC 173-400-081 

must also meet the criteria of 40 C.F.R. 52.21 (k)(1) and 52.21 

(p)(1) through (4); and

(vi) The following subparts of 40 C.F.R. 52.21((, in effect on 

August 13, 2012, which)) are adopted ((by reference)) (WAC 173-400-

025). Exceptions are listed in (b)(i), (ii), (iii), and (iv) of this 

subsection:

Section Title

40 C.F.R. 52.21 (a)(2) Applicability Procedures.

40 C.F.R. 52.21 (b) Definitions, except the definition 

of "secondary emissions."

40 C.F.R. 52.21 (c) Ambient air increments.

40 C.F.R. 52.21 (d) Ambient air ceilings.

40 C.F.R. 52.21 (h) Stack heights.

40 C.F.R. 52.21 (i) Review of major stationary sources 

and major modifications - Source 

applicability and exemptions.

40 C.F.R. 52.21 (j) Control technology review.
41

Section Title

40 C.F.R. 52.21 (k) Source impact analysis.

40 C.F.R. 52.21 (l) Air quality models.

40 C.F.R. 52.21 (m) Air quality analysis.

40 C.F.R. 52.21 (n) Source information.

40 C.F.R. 52.21 (o) Additional impact analysis.

40 C.F.R. 52.21 (p)(1) 

through (4)

Sources impacting federal Class I 

areas - Additional requirements

40 C.F.R. 52.21 (r) Source obligation.

40 C.F.R. 52.21 (v) Innovative control technology.

40 C.F.R. 52.21 (w) Permit rescission.

40 C.F.R. 52.21 (aa) Actuals Plantwide Applicability 

Limitation.

(b) Exceptions to adopting 40 C.F.R. 52.21 by reference.

(i) Every use of the word "administrator" in 40 C.F.R. 52.21 

means ecology except for the following:

(A) In 40 C.F.R. 52.21 (b)(17), the definition of federally 

enforceable, "administrator" means the EPA administrator.

(B) In 40 C.F.R. 52.21 (l)(2), air quality models, 

"administrator" means the EPA administrator.

(C) In 40 C.F.R. 52.21 (b)(43) the definition of prevention of 

significant deterioration program, "administrator" means the EPA 

administrator.

(D) In 40 C.F.R. 52.21 (b)(48)(ii)(c) related to regulations 

promulgated by the administrator, "administrator" means the EPA 

administrator.

(E) In 40 C.F.R. 52.21 (b)(50)(i) related to the definition of a 

regulated NSR pollutant, "administrator" means the EPA administrator.

(F) In 40 C.F.R. 52.21 (b)(37) related to the definition of 

repowering, "administrator" means the EPA administrator.

(G) In 40 C.F.R. 52.21 (b)(51) related to the definition of 

reviewing authority, "administrator" means the EPA administrator.

(ii) Each reference in 40 C.F.R. 52.21(i) to "paragraphs (j) 

through (r) of this section" is amended to state "paragraphs (j) 
42

through (p)(1) ((-)), (2), (3) and (4) of this section, paragraph (r) 

of this section, WAC 173-400-720, and 173-400-730."

(iii) The following paragraphs replace the designated paragraphs 

of 40 C.F.R. 52.21:

(A) In 40 C.F.R. 52.21 (b)(1)(i)(a) and (b)(1)(iii)(h), the size 

threshold for municipal waste incinerators is changed to 50 tons of 

refuse per day.

(B) 40 C.F.R. 52.21 (b)(23)(i) After the entry for municipal 

solid waste landfills emissions, add Ozone Depleting Substances: 100 

tpy.

(D) 40 C.F.R. 52.21 (r)(6)

"The provisions of this paragraph (r)(6) apply with respect to 

any regulated NSR pollutant from projects at an existing 

emissions unit at a major stationary source (other than 

projects at a source with a PAL) in circumstances where 

there is a reasonable possibility that a project that is 

not a part of a major modification may result in a 

significant emissions increase of such pollutant and the 

owner or operator elects to use the method specified in 

paragraphs 40 C.F.R. 52.21 (b)(41)(ii)(a) through (c) for 

calculating projected actual emissions.

(i) Before beginning actual construction of the project, the 

owner or operator shall document and maintain a record of

the following information:

(a) A description of the project;

(b) Identification of the emissions unit(s) whose emissions of a 

regulated NSR pollutant could be affected by the project; 

and
43

(c) A description of the applicability test used to determine 

that the project is not a major modification for any 

regulated NSR pollutant, including the baseline actual 

emissions, the projected actual emissions, the amount of 

emissions excluded under paragraph 40 C.F.R. 52.21 

(b)(41)(ii)(c) and an explanation for why such amount was 

excluded, and any netting calculations, if applicable.

(ii) The owner or operator shall submit a copy of the information 

set out in paragraph 40 C.F.R. 52.21 (r)(6)(i) to the 

permitting authority before beginning actual construction. 

This information may be submitted in conjunction with any 

NOC application required under the provisions of WAC 173-

400-110. Nothing in this paragraph (r)(6)(ii) shall be 

construed to require the owner or operator of such a unit to 

obtain any PSD determination from the permitting authority 

before beginning actual construction.

(iii) The owner or operator shall monitor the emissions of any 

regulated NSR pollutant that could increase as a result of 

the project and that is emitted by any emissions unit 

identified in paragraph 40 C.F.R. 52.21 (r)(6)(i)(b); and 

calculate and maintain a record of the annual emissions, in 

tons per year on a calendar year basis, for a period of 5 

years following resumption of regular operations after the 

change, or for a period of 10 years following resumption of 

regular operations after the change if the project increases 

the design capacity of or potential to emit that regulated 

NSR pollutant at such emissions unit.

(iv) The owner or operator shall submit a report to the 

permitting authority within 60 days after the end of each 

year during which records must be generated under paragraph 

40 C.F.R. 52.21 (r)(6)(iii) setting out the unit's annual 

emissions during the calendar year that preceded submission 

of the report.
44

(v) The owner or operator shall submit a report to the 

permitting authority if the annual emissions, in tons per 

year, from the project identified in paragraph 40 C.F.R. 

52.21 (r)(6)(i), exceed the baseline actual emissions (as 

documented and maintained pursuant to paragraph 40 C.F.R. 

52.21 (r)(6)(i)(c)), by a significant amount (as defined in 

paragraph 40 C.F.R. 52.21 (b)(23)) for that regulated NSR 

pollutant, and if such emissions differ from the 

preconstruction projection as documented and maintained 

pursuant to paragraph 40 C.F.R. 52.21 (r)(6)(i)(c). Such 

report shall be submitted to the permitting authority within 

60 days after the end of such year. The report shall contain 

the following:

(a) The name, address and telephone number of the major 

stationary source;

(b) The annual emissions as calculated pursuant to paragraph 

(r)(6)(iii) of this section; and

(c) Any other information that the owner or operator wishes to 

include in the report (e.g., an explanation as to why the 

emissions differ from the preconstruction projection).

(vi) A "reasonable possibility" under this subsection occurs when 

the owner or operator calculates the project to result in 

either:

(a) A projected actual emissions increase of at least fifty 

percent of the amount that is a "significant emissions 

increase," (without reference to the amount that is a 

significant net emissions increase), for the regulated NSR 

pollutant; or

(b) A projected actual emissions increase that, added to the 

amount of emissions excluded under the definition of 

projected actual emissions sums to at least fifty percent of 

the amount that is a "significant emissions increase," 

(without reference to the amount that is a significant net 

emissions increase), for the regulated NSR pollutant. For a 

project for which a reasonable possibility occurs only 

within the meaning of (r)(6)(vi)(b) of this subsection, and 

not also within the meaning of (r)(6)(vi)(a) of this 

subsection, then the provisions of (r)(6)(vi)(ii) through 

(v) of this subsection do not apply to the project."
45

(E) 40 C.F.R. 52.21 (r)(7) "The owner or operator of the source 

shall submit the information required to be documented and maintained 

pursuant to paragraphs 40 C.F.R. 52.21 (r)(6)(iv) and (v) annually 

within 60 days after the anniversary date of the original analysis. 

The original analysis and annual reviews shall also be available for 

review upon a request for inspection by the permitting authority or 

the general public pursuant to the requirements contained in 40 

C.F.R. 70.4 (b)(3)(viii)."

(F) 40 C.F.R. 52.21 (aa)(2)(ix) "PAL permit means the PSD 

permit, an ecology issued order of approval issued under WAC 173-400-

110, or regulatory order issued under WAC 173-400-091 issued by 

ecology that establishes a PAL for a major stationary source."

(G) 40 C.F.R. 52.21 (aa)(5) "Public participation requirements 

for PALs. PALs for existing major stationary sources shall be 

established, renewed, or expired through the public participation 

process in WAC 173-400-171. A request to increase a PAL shall be 

processed in accordance with the application processing and public 

participation process in WAC 173-400-730 and 173-400-740."

(H) 40 C.F.R. 52.21 (aa)(9)(i)(b) "Ecology, after consultation 

with the permitting authority, shall decide whether and how the PAL 

allowable emissions will be distributed and issue a revised order, 

order of approval or PSD permit incorporating allowable limits for 

each emissions unit, or each group of emissions units, as ecology 

determines is appropriate."

(I) 40 C.F.R. 52.21 (aa)(14) "Reporting and notification 

requirements. The owner or operator shall submit semiannual 

monitoring reports and prompt deviation reports to the permitting 

authority in accordance with the requirements in chapter 173-401 WAC. 

The reports shall meet the requirements in paragraphs 40 C.F.R. 52.21 

(aa)(14)(i) through (iii)."

(J) 40 C.F.R. 52.21 (aa)(14)(ii) "Deviation report. The major 

stationary source owner or operator shall promptly submit reports of 

any deviations or exceedance of the PAL requirements, including 

periods where no monitoring is available. A report submitted pursuant 
46

to WAC 173-401-615 (3)(b) and within the time limits prescribed shall 

satisfy this reporting requirement. The reports shall contain the 

information found at WAC 173-401-615(3)."

(iv) 40 C.F.R. 52.21 (r)(2) is not adopted ((by reference)).

WAC 173-400-730 Prevention of significant deterioration 

application processing procedures. (1) Application submittal.

(a) The applicant shall submit an application that provides 

complete information necessary for ecology to determine compliance 

with all PSD program requirements.

(b) The applicant shall submit complete copies of its PSD 

application or an application to increase a PAL, distributed in the 

following manner:

(i) Three copies to ecology: Air Quality Program, P.O. Box 

47600, Olympia, WA 98504-7600.

(ii) One copy to each of the following federal land managers:

(A) U.S. Department of the Interior - National Park Service; and

(B) U.S. Department of Agriculture - U.S. Forest Service.

(iii) One copy to the permitting authority with authority over 

the source under chapter 173-401 WAC.

(iv) One copy to EPA.

(c) Application submittal and processing for the initial 

request, renewal or expiration of a PAL under 40 C.F.R. 52.21(aa) 

shall be done as provided in 40 C.F.R. 52.21(aa)(3) ((-)) through

(5)((, which is adopted by reference in WAC 173-400-720 (4)(a)(iv), 

except public)). Exception: Public participation must comply with WAC 

173-400-740.

(2) Application processing.

(a) Completeness determination.

(i) Within thirty days after receiving a PSD permit application, 

ecology shall either notify the applicant in writing that the 

application is complete or notify the applicant in writing of all 
47

additional information necessary to complete the application. Ecology 

may request additional information clarifying aspects of the 

application after it has been determined to be complete.

(ii) The effective date of the application is the date on which 

ecology notifies the applicant that the application is complete 

pursuant to (a)(i) of this subsection.

(iii) If an applicant fails or refuses to correct deficiencies 

in the application, the permit may be denied and appropriate 

enforcement action taken.

(iv) The permitting authority shall send a copy of the 

completeness determination to the responsible federal land manager.

(b) Preparation and issuance of the preliminary determination.

(i) When the application has been determined to be complete, 

ecology shall begin developing the preliminary determination to 

approve or deny the application.

(ii) As expeditiously as possible after receipt of a complete 

application, ecology shall provide the applicant with a preliminary 

determination along with a technical support document and a public 

notice.

(c) Issuance of the final determination.

(i) Ecology shall make no final decision until the public 

comment period has ended and all comments received during the public 

comment period have been considered.

(ii) Within one year of the date of receipt of the complete 

application and as expeditiously as possible after the close of the 

public comment period, or hearing if one is held, ecology shall 

prepare and issue the final determination.

(d) Once the PSD program set forth in WAC 173-400-700 through 

173-400-750 is incorporated into the Washington SIP, the effective 

date of a determination will be either the date of issuance of the 

final determination, or a later date if specified in the final 

determination.
48

Until the PSD program set forth in WAC 173-400-700 through 173-

400-750 is incorporated into the Washington SIP, the effective date 

of a final determination is one of the following dates:

(i) If no comments on the preliminary determination were 

received, the date of issuance; or

(ii) If comments were received, thirty days after receipt of the 

final determination; or

(iii) A later date as specified within the PSD permit approval.

(3) PSD technical support document. Ecology shall develop a 

technical support document for each preliminary PSD determination. 

The preliminary technical support document will be updated prior to 

issuance of the final determination to reflect changes to the final 

determination based on comments received. The technical support 

document shall include the following information:

(a) A brief description of the major stationary source, major 

modification, or activity subject to review;

(b) The physical location, ownership, products and processes 

involved in the major stationary source or major modification subject 

to review;

(c) The type and quantity of pollutants proposed to be emitted 

into the air;

(d) A brief summary of the BACT options considered and the 

reasons why the selected BACT level of control was selected;

(e) A brief summary of the basis for the permit approval 

conditions;

(f) A statement on whether the emissions will or will not cause 

a state and national ambient air quality standard to be exceeded;

(g) The degree of increment consumption expected to result from 

the source or modification;

(h) An analysis of the impacts on air quality related values in 

federal Class I areas and other Class I areas affected by the 

project; and
49

(i) An analysis of the impacts of the proposed emissions on 

visibility in any federal Class I area following the requirements in 

WAC 173-400-117.

(4) Appeals. A PSD permit, any conditions contained in a PSD 

permit, or the denial of PSD permit may be appealed to the pollution 

control hearings board as provided in chapter 43.21B RCW. A PSD 

permit issued under the terms of a delegation agreement can be 

appealed to the EPA's environmental appeals board as provided in 40 

C.F.R. 124.13 and 40 C.F.R. 124.19.

(5) Construction time limitations.

(a) Approval to construct or modify a major stationary source 

becomes invalid if construction is not commenced within eighteen 

months of the effective date of the approval, if construction is 

discontinued for a period of eighteen months or more, or if 

construction is not completed within a reasonable time. The time 

period between construction of the approved phases of a phased 

construction project cannot be extended. Each phase must commence 

construction within eighteen months of the projected and approved 

commencement date.

(b) Ecology may extend the eighteen-month effective period of a 

PSD permit upon a satisfactory showing that an extension is 

justified. A request to extend the effective time to begin or 

complete actual construction under a PSD permit may be submitted. The 

request may result from the cessation of on-site construction before 

completion or failure to begin actual construction of the project(s) 

covered by the PSD permit.

(i) Request requirements.

(A) A written request for the extension, submitted by the PSD 

permit holder, as soon as possible prior to the expiration of the 

current PSD permit.

(B) An evaluation of BACT and an updated ambient impact, 

including an increment analysis, for all pollutants subject to the 

approval conditions in the PSD permit.
50

(ii) Duration of extensions.

(A) No single extension of time shall be longer than eighteen 

months.

(B) The cumulative time prior to beginning actual construction 

under the original PSD permit and all approved time extensions shall 

not exceed fifty-four months.

(iii) Issuance of an extension.

(A) Ecology may approve and issue an extension of the current 

PSD permit.

(B) The extension of approval shall reflect any revised BACT 

limitations based on the evaluation of BACT presented in the request 

for extension and other information available to ecology.

(C) The issuance of an extension is subject to the public 

involvement requirements in WAC 173-400-740.

(iv) For the extension of a PSD permit, ecology must prepare a 

technical support document consistent with WAC 173-400-730(3) only to 

the extent that those criteria apply to a request to extend the 

construction time limitation.

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

(1) Actions requiring notification of the public. Ecology must 

provide public notice before approving or denying any of the 

following types of actions related to implementation of the PSD 

program contained in WAC 173-400-720:

(a) Any preliminary determination to approve or disapprove a PSD 

permit application; or

(b) An extension of the time to begin construction or suspend 

construction under a PSD permit; or

(c) A revision to a PSD permit, except an administrative 

amendment to an existing permit; or

(d) Use of a modified or substituted model in Appendix W of 40 

C.F.R. Part 51 (((as in effect on May 1, 2012))) as part of review of 

air quality impacts.
51

(2) Notification of the public. As expeditiously as possible 

after the receipt of a complete PSD application, and as expeditiously 

as possible after receipt of a request for extension of the 

construction time limit under WAC 173-400-730(6) or after receipt of 

a nonadministrative revision to a PSD permit under WAC 173-400-750, 

ecology shall:

(a) Make available for public inspection in at least one 

location in the vicinity where the proposed source would be 

constructed, or for revisions to a PSD permit where the permittee 

exists, a copy of the information submitted by the applicant, and any 

applicable preliminary determinations, including analyses of the 

effects on air quality and air quality related values, considered in 

making the preliminary determination. Exemptions from this 

requirement include information protected from disclosure under any 

applicable law, including, but not limited to, RCW 70.94.205 and 

chapter 173-03 WAC.

(b) Notify the public by:

(i) Causing to be published, in a newspaper of general 

circulation in the area of the proposed project, the public notice 

prepared in accordance with WAC 173-400-730(4). The date the public 

notice is published in the newspaper starts the required thirty-day 

comment period.

(ii) If ecology grants a request to extend the public comment 

period, the extension notice must also be published in a newspaper as 

noted above and a copy of the extension notice sent to the 

organizations and individuals listed in (c) and (d) of this 

subsection. The closing date of the extended comment period shall be 

as defined in the public comment period extension notification.

(iii) If a hearing is held, the public comment period must 

extend through the hearing date.

(iv) The applicant or other initiator of the action must pay the 

cost of providing public notice.

(c) Send a copy of the public notice to:
52

(i) Any Indian governing body whose lands may be affected by 

emissions from the project;

(ii) The chief executive of the city where the project is 

located;

(iii) The chief executive of the county where the project is 

located;

(iv) Individuals or organizations that requested notification of 

the specific project proposal;

(v) Other individuals who requested notification of PSD permits;

(vi) Any state within 100 km of the proposed project.

(d) Send a copy of the public notice, PSD preliminary 

determination, and the technical support document to:

(i) The applicant;

(ii) The affected federal land manager;

(iii) EPA Region 10;

(iv) The permitting authority with authority over the source 

under chapter 173-401 WAC;

(v) Individuals or organizations who request a copy; and

(vi) The location for public inspection of material required 

under (a) of this subsection.

(3) Public notice content. The public notice shall contain at 

least the following information:

(a) The name and address of the applicant;

(b) The location of the proposed project;

(c) A brief description of the project proposal;

(d) The preliminary determination to approve or disapprove the 

application;

(e) How much increment is expected to be consumed by this 

project;
53

(f) The name, address, and telephone number of the person to 

contact for further information;

(g) A brief explanation of how to comment on the project;

(h) An explanation on how to request a public hearing;

(i) The location of the documents made available for public 

inspection;

(j) There is a thirty-day period from the date of publication of 

the notice for submitting written comment to ecology;

(k) A statement that a public hearing may be held if ecology 

determines within a thirty-day period that significant public 

interest exists;

(l) The length of the public comment period in the event of a 

public hearing;

(m) For projects subject to special protection requirements for 

federal Class I areas, in WAC 173-400-117, and where ecology 

disagrees with the analysis done by the federal land manager, ecology 

shall explain its decision in the public notice or state that an 

explanation of the decision appears in the technical support document 

for the proposed approval or denial.

(4) Public hearings.

(a) The applicant, any interested governmental entity, any 

group, or any person may request a public hearing within the thirtyday public comment period. A request must indicate the interest of 

the entity filing it and why a hearing is warranted. Whether a 

request for a hearing is filed or not, ecology may hold a public 

hearing if it determines significant public interest exists. Ecology 

will determine the location, date, and time of the public hearing.

(b) Notification of a public hearing will be accomplished per 

the requirements of WAC 173-400-740(2).

(c) The public must be notified at least thirty days prior to 

the date of the hearing (or first of a series of hearings).
54

(5) Consideration of public comments. Ecology shall make no 

final decision on any application or action of any type described in 

subsection (1) of this section until the public comment period has 

ended and any comments received during the public comment period have 

been considered. Ecology shall make all public comments available for 

public inspection at the same locations where the preconstruction 

information on the proposed major source or major modification was 

made available.

(6) Issuance of a final determination.

(a) The final approval or disapproval determination must be made 

within one year of receipt of a complete application and must include 

the following:

(i) A copy of the final PSD permit or the determination to deny 

the permit;

(ii) A summary of the comments received;

(iii) Ecology's response to those comments;

(iv) A description of what approval conditions changed from the 

preliminary determination; and

(v) A cover letter that includes an explanation of how the final 

determination may be appealed.

(b) Ecology shall mail a copy of the cover letter that 

accompanies the final determination to:

(i) Individuals or organizations that requested notification of 

the specific project proposal;

(ii) Other individuals who requested notification of PSD 

permits.

(c) A copy of the final determination shall be sent to:

(i) The applicant;

(ii) U.S. Department of the Interior - National Park Service;

(iii) U.S. Department of Agriculture - Forest Service;

(iv) EPA Region 10;
55

(v) The permitting authority with authority over the source 

under chapter 173-401 WAC;

(vi) Any person who commented on the preliminary determination; 

and

(vii) The location for public inspection of material required 

under subsection (2)(a) of this section.

WAC 173-400-810 Major stationary source and major modification 

definitions. The definitions in this section must be used in the 

major stationary source nonattainment area permitting requirements in 

WAC 173-400-800 through 173-400-860. If a term is defined differently 

in the federal program requirements for issuance, renewal and 

expiration of a Plant Wide Applicability ((Limit which are adopted by 

reference in)) Limitation (WAC 173-400-850), then that definition 

((is to)) must be used for purposes of the Plant Wide Applicability 

((Limit)) Limitation program.

(1) Actual emissions means:

(a) The actual rate of emissions of a regulated NSR pollutant 

from an emissions unit, as determined in accordance with (b) through 

(d) of this subsection. This definition does not apply when 

calculating whether a significant emissions increase has occurred, or 

for establishing a PAL under WAC 173-400-850. Instead, "projected 

actual emissions" and "baseline actual emissions" as defined in 

subsections (2) and (23) of this section apply for those purposes.

(b) In general, actual emissions as of a particular date shall 

equal the average rate, in tons per year, at which the unit actually 

emitted the pollutant during a consecutive twenty-four-month period 

which precedes the particular date and which is representative of 

normal source operation. The permitting authority shall allow the use 

of a different time period upon a determination that it is more 

representative of normal source operation. Actual emissions shall be 

calculated using the unit's actual operating hours, production rates, 

and types of materials processed, stored, or combusted during the 

selected time period.
56

(c) The permitting authority may presume that source-specific 

allowable emissions for the unit are equivalent to the actual 

emissions of the unit.

(d) For any emissions unit that has not begun normal operations 

on the particular date, actual emissions shall equal the potential to 

emit of the unit on that date.

(2) Baseline actual emissions means the rate of emissions, in 

tons per year, of a regulated NSR pollutant, as determined in 

accordance with (a) through (d) of this subsection.

(a) For any existing electric utility steam generating unit, 

baseline actual emissions means the average rate, in tons per year, 

at which the unit actually emitted the pollutant during any 

consecutive twenty-four-month period selected by the owner or 

operator within the five-year period immediately preceding when the 

owner or operator begins actual construction of the project. The 

permitting authority shall allow the use of a different time period 

upon a determination that it is more representative of normal source 

operation.

(i) The average rate shall include emissions associated with 

startups, shutdowns, and malfunctions; and, for an emissions unit 

that is part of one of the source categories listed in subsection 

(14)(e) of this section, the definition of major stationary source, 

or for an emissions unit that is located at a major stationary source 

that belongs to one of the listed source categories, the average rate 

shall include fugitive emissions (to the extent quantifiable).

(ii) The average rate shall be adjusted downward to exclude any 

noncompliant emissions that occurred while the source was operating 

above any emission limitation that was legally enforceable during the 

consecutive twenty-four-month period.

(iii) For a regulated NSR pollutant, when a project involves 

multiple emissions units, only one consecutive twenty-four-month 

period must be used to determine the baseline actual emissions for 

the emissions units being changed. A different consecutive twentyfour-month period can be used for each regulated NSR pollutant.
57

(iv) The average rate shall not be based on any consecutive 

twenty-four-month period for which there is inadequate information 

for determining annual emissions, in tons per year, and for adjusting 

this amount if required by (a)(ii) of this subsection.

(b) For an existing emissions unit (other than an electric 

utility steam generating unit), baseline actual emissions means the 

average rate, in tons per year, at which the emissions unit actually 

emitted the pollutant during any consecutive twenty-four-month period 

selected by the owner or operator within the ten-year period 

immediately preceding either the date the owner or operator begins 

actual construction of the project, or the date a complete permit 

application is received by the permitting authority for a permit 

required either under WAC 173-400-800 through 173-400-860 or under a 

plan approved by ((the administrator)) EPA, whichever is earlier, 

except that the ten-year period shall not include any period earlier 

than November 15, 1990.

(i) The average rate shall include emissions associated with 

startups, shutdowns, and malfunctions; and, for an emissions unit 

that is part of one of the source categories listed in subsection 

(14)(e) of this section, the definition of major stationary source, 

or for an emissions unit that is located at a major stationary source 

that belongs to one of the listed source categories, the average rate 

shall include fugitive emissions (to the extent quantifiable).

(ii) The average rate shall be adjusted downward to exclude any 

noncompliant emissions that occurred while the source was operating 

above an emission limitation that was legally enforceable during the 

consecutive twenty-four-month period.

(iii) The average rate shall be adjusted downward to exclude any 

emissions that would have exceeded an emission limitation with which 

the major stationary source must currently comply, had such major 

stationary source been required to comply with such limitations 

during the consecutive twenty-four-month period. However, if an 

emission limitation is part of a maximum achievable control 

technology standard that ((the administrator)) EPA proposed or 

promulgated under 40 C.F.R. Part 63, the baseline actual emissions 
58

need only be adjusted if the state has taken credit for such 

emissions reductions in an attainment demonstration or maintenance 

plan as part of the demonstration of attainment or as reasonable 

further progress to attain the NAAQS.

(iv) For a regulated NSR pollutant, when a project involves 

multiple emissions units, only one consecutive twenty-four-month 

period must be used to determine the baseline actual emissions for 

the emissions units being changed. A different consecutive twentyfour-month period can be used for each regulated NSR pollutant.

(v) The average rate shall not be based on any consecutive 

twenty-four-month period for which there is inadequate information 

for determining annual emissions, in tons per year, and for adjusting 

this amount if required under (b)(ii) and (iii) of this subsection.

(c) For a new emissions unit, the baseline actual emissions for 

purposes of determining the emissions increase that will result from 

the initial construction and operation of such unit shall equal zero; 

and thereafter, for all other purposes, shall equal the unit's 

potential to emit. In the latter case, fugitive emissions, to the 

extent quantifiable, shall be included only if the emissions unit is 

part of one of the source categories listed in subsection (14)(e) of 

this section, the definition of major stationary source, or if the 

emissions unit is located at a major stationary source that belongs 

to one of the listed source categories.

(d) For a PAL for a major stationary source, the baseline actual 

emissions shall be calculated for existing electric utility steam 

generating units in accordance with the procedures contained in (a) 

of this subsection, for other existing emissions units in accordance 

with the procedures contained in (b) of this subsection, and for a 

new emissions unit in accordance with the procedures contained in (c) 

of this subsection, except that fugitive emissions (to the extent 

quantifiable) shall be included regardless of the source category.

(3) Building, structure, facility, or installation means all of 

the pollutant-emitting activities which belong to the same industrial 

grouping, are located on one or more contiguous or adjacent 
59

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

under common control) except the activities of any vessel. Pollutantemitting activities shall be considered as part of the same 

industrial grouping if they belong to the same major group (i.e., 

which have the same two-digit code) as described in the Standard 

Industrial Classification Manual, 1972, as amended by the 1977 

Supplement (U.S. Government Printing Office stock numbers 4101-0065 

and 003-005-00176-0, respectively).

(4) Clean coal technology means any technology, including 

technologies applied at the precombustion, combustion, or post 

combustion stage, at a new or existing facility which will achieve 

significant reductions in air emissions of sulfur dioxide or oxides 

of nitrogen associated with the utilization of coal in the generation 

of electricity, or process steam which was not in widespread use as 

of November 15, 1990.

(5) Clean coal technology demonstration project means a project 

using funds appropriated under the heading "Department of EnergyClean Coal Technology," up to a total amount of two and one-half 

billion dollars for commercial demonstration of clean coal 

technology, or similar projects funded through appropriations for the 

Environmental Protection Agency. The federal contribution for a 

qualifying project shall be at least twenty percent of the total cost 

of the demonstration project.

(6) Construction means any physical change or change in the 

method of operation (including fabrication, erection, installation, 

demolition, or modification of an emissions unit) that would result 

in a change in emissions.

(7) Continuous emissions monitoring system (CEMS) means all of 

the equipment that may be required to meet the data acquisition and 

availability requirements of this section, to sample, condition (if 

applicable), analyze, and provide a record of emissions on a 

continuous basis.

(8) Continuous parameter monitoring system (CPMS) means all of 

the equipment necessary to meet the data acquisition and availability 
60

requirements of this section, to monitor process and control device 

operational parameters (for example, control device secondary 

voltages and electric currents) and other information (for example, 

gas flow rate, O2 or CO2 concentrations), and to record average 

operational parameter value(s) on a continuous basis.

(9) Continuous emissions rate monitoring system (CERMS) means 

the total equipment required for the determination and recording of 

the pollutant mass emissions rate (in terms of mass per unit of 

time).

(10) Electric utility steam generating unit means any steam 

electric generating unit that is constructed for the purpose of 

supplying more than one-third of its potential electric output 

capacity and more than 25 MW electrical output to any utility power 

distribution system for sale. Any steam supplied to a steam 

distribution system for the purpose of providing steam to a steamelectric generator that would produce electrical energy for sale is 

also considered in determining the electrical energy output capacity 

of the affected facility.

(11) Emissions unit means any part of a stationary source that 

emits or would have the potential to emit any regulated NSR pollutant 

and includes an electric steam generating unit. For purposes of this 

section, there are two types of emissions units:

(a) A new emissions unit is any emissions unit which is (or will 

be) newly constructed and which has existed for less than two years 

from the date such emissions unit first operated.

(b) An existing emissions unit is any emissions unit that is not 

a new emissions unit. A replacement unit, as defined in subsection 

(25) of this section is an existing emissions unit.

(12) Fugitive emissions means those emissions which could not 

reasonably pass through a stack, chimney, vent or other functionally 

equivalent opening. Fugitive emissions, to the extent quantifiable, 

are addressed as follows for the purposes of this section:

(a) In determining whether a stationary source or modification 

is major, fugitive emissions from an emissions unit are included only 
61

if the emissions unit is part of one of the source categories listed 

in subsection (14)(e) of this section, the definition of major 

stationary source, or the emissions unit is located at a stationary 

source that belongs to one of those source categories. Fugitive 

emissions are not included for those emissions units located at a 

facility whose primary activity is not represented by one of the 

source categories listed in subsection (14)(e) of this section, the 

definition of major stationary source and that are not, by 

themselves, part of a listed source category.

(b) For purposes of determining the net emissions increase 

associated with a project, an increase or decrease in fugitive 

emissions is creditable only if it occurs at an emissions unit that 

is part of one of the source categories listed in subsection (14)(e) 

of this section, the definition of major stationary source, or if the 

emission unit is located at a major stationary source that belongs to 

one of the listed source categories. Fugitive emission increases or 

decreases are not creditable for those emissions units located at a 

facility whose primary activity is not represented by one of the 

source categories listed in subsection (14)(e) of this section, the 

definition of major stationary source, and that are not, by 

themselves, part of a listed source category.

(c) For purposes of determining the projected actual emissions 

of an emissions unit after a project, fugitive emissions are included 

only if the emissions unit is part of one of the source categories 

listed in subsection (14)(e) of this section, the definition of major 

stationary source, or if the emission unit is located at a major 

stationary source that belongs to one of the listed source 

categories. Fugitive emissions are not included for those emissions 

units located at a facility whose primary activity is not represented 

by one of the source categories listed in subsection (14)(e) of this 

section, the definition of major stationary source, and that are not, 

by themselves, part of a listed source category.

(d) For purposes of determining the baseline actual emissions of 

an emissions unit, fugitive emissions are included only if the 

emissions unit is part of one of the source categories listed in 
62

subsection (14)(e) of this section, the definition of major 

stationary source, or if the emission unit is located at a major 

stationary source that belongs to one of the listed source 

categories, except that, for a PAL, fugitive emissions shall be 

included regardless of the source category. With the exception of 

PALs, fugitive emissions are not included for those emissions units 

located at a facility whose primary activity is not represented by 

one of the source categories listed in subsection (14)(e) of this 

section, the definition of major stationary source, and that are not, 

by themselves, part of a listed source category.

(e) In calculating whether a project will cause a significant 

emissions increase, fugitive emissions are included only for those 

emissions units that are part of one of the source categories listed 

in subsection (14)(e) of this section, the definition of major 

stationary source, or for any emissions units that are located at a 

major stationary source that belongs to one of the listed source 

categories. Fugitive emissions are not included for those emissions 

units located at a facility whose primary activity is not represented 

by one of the source categories listed in subsection (14)(e) of this 

section, the definition of major stationary source, and that are not, 

by themselves, part of a listed source category.

(f) For purposes of monitoring and reporting emissions from a 

project after normal operations have been resumed, fugitive emissions 

are included only for those emissions units that are part of one of 

the source categories listed in subsection (14)(e) of this section, 

the definition of major stationary source, or for any emissions units 

that are located at a major stationary source that belongs to one of 

the listed source categories. Fugitive emissions are not included for 

those emissions units located at a facility whose primary activity is 

not represented by one of the source categories listed in subsection 

(14)(e) of this section, the definition of major stationary source, 

and that are not, by themselves, part of a listed source category.

(g) For all other purposes of this section, fugitive emissions 

are treated in the same manner as other, nonfugitive emissions. This 

includes, but is not limited to, the treatment of fugitive emissions 
63

for offsets (see WAC 173-400-840(7)) and for PALs (see WAC 173-400-

850).

(13) Lowest achievable emission rate (LAER) means, for any 

source, the more stringent rate of emissions based on the following:

(a) The most stringent emissions limitation which is contained 

in the implementation plan of any state for such class or category of 

stationary source, unless the owner or operator of the proposed 

stationary source demonstrates that such limitations are not 

achievable; or

(b) The most stringent emissions limitation which is achieved in 

practice by such class or category of stationary sources. This 

limitation, when applied to a modification, means the lowest 

achievable emissions rate for the new or modified emissions units 

within a stationary source. In no event shall the application of the 

term permit a proposed new or modified stationary source to emit any 

pollutant in excess of the amount allowable under an applicable new 

source standard of performance.

(14)(a) Major stationary source means any stationary source of 

air pollutants that emits, or has the potential to emit, one hundred 

tons per year or more of any regulated NSR pollutant, except that 

lower emissions thresholds apply in areas subject to sections 181-

185B, sections 186 and 187, or sections 188-190 of the Federal Clean 

Air Act. In those areas the following thresholds apply:

(i) Fifty tons per year of volatile organic compounds in any 

serious ozone nonattainment area;

(ii) Fifty tons per year of volatile organic compounds in an 

area within an ozone transport region, except for any severe or 

extreme ozone nonattainment area;

(iii) Twenty-five tons per year of volatile organic compounds in 

any severe ozone nonattainment area;

(iv) Ten tons per year of volatile organic compounds in any 

extreme ozone nonattainment area;
64

(v) Fifty tons per year of carbon monoxide in any serious 

nonattainment area for carbon monoxide, where stationary sources 

contribute significantly to carbon monoxide levels in the area (as 

determined under rules issued by ((the administrator)) EPA);

(vi) Seventy tons per year of PM-10 in any serious nonattainment 

area for PM-10.

(b) For the purposes of applying the requirements of WAC 173-

400-830 to stationary sources of nitrogen oxides located in an ozone

nonattainment area or in an ozone transport region, any stationary 

source which emits, or has the potential to emit, one hundred tons 

per year or more of nitrogen oxides emissions, except that the 

emission thresholds in (b)(i) through (vi) of this subsection shall 

apply in areas subject to sections 181-185B of the Federal Clean Air 

Act.

(i) One hundred tons per year or more of nitrogen oxides in any 

ozone nonattainment area classified as marginal or moderate.

(ii) One hundred tons per year or more of nitrogen oxides in any 

ozone nonattainment area classified as a transitional, submarginal, 

or incomplete or no data area, when such area is located in an ozone 

transport region.

(iii) One hundred tons per year or more of nitrogen oxides in 

any area designated under section 107(d) of the Federal Clean Air Act 

as attainment or unclassifiable for ozone that is located in an ozone 

transport region.

(iv) Fifty tons per year or more of nitrogen oxides in any 

serious nonattainment area for ozone.

(v) Twenty-five tons per year or more of nitrogen oxides in any 

severe nonattainment area for ozone.

(vi) Ten tons per year or more of nitrogen oxides in any extreme 

nonattainment area for ozone.

(c) Any physical change that would occur at a stationary source 

not qualifying under (a) and (b) of this subsection as a major 
65

stationary source, if the change would constitute a major stationary 

source by itself.

(d) A major stationary source that is major for volatile organic 

compounds shall be considered major for ozone.

(e) The fugitive emissions of a stationary source shall not be 

included in determining for any of the purposes of subsection (14) of 

this section whether it is a major stationary source, unless the 

source belongs to one of the following categories of stationary 

sources:

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

(ii) Kraft pulp mills;

(iii) Portland cement plants;

(iv) Primary zinc smelters;

(v) Iron and steel mills;

(vi) Primary aluminum ore reduction plants;

(vii) Primary copper smelters;

(viii) Municipal incinerators capable of charging more than 

fifty tons of refuse per day;

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

(x) Petroleum refineries;

(xi) Lime plants;

(xii) Phosphate rock processing plants;

(xiii) Coke oven batteries;

(xiv) Sulfur recovery plants;

(xv) Carbon black plants (furnace process);

(xvi) Primary lead smelters;

(xvii) Fuel conversion plants;

(xviii) Sintering plants;

(xix) Secondary metal production plants;
66

(xx) Chemical process plants - The term chemical processing 

plant shall not include ethanol production facilities that produce 

ethanol by natural fermentation included in NAICS codes 325193 or 

312140;

(xxi) Fossil-fuel boilers (or combination thereof) totaling more 

than two hundred fifty million British thermal units per hour heat

input;

(xxii) Petroleum storage and transfer units with a total storage 

capacity exceeding three hundred thousand barrels;

(xxiii) Taconite ore processing plants;

(xxiv) Glass fiber processing plants;

(xxv) Charcoal production plants;

(xxvi) Fossil fuel-fired steam electric plants of more than two 

hundred fifty million British thermal units per hour heat input; and

(xxvii) Any other stationary source category which, as of August 

7, 1980, is being regulated under section 111 or 112 of the ((act)) 

Federal Clean Air Act.

(15)(a) Major modification means any physical change in or 

change in the method of operation of a major stationary source that 

would result in:

(i) A significant emissions increase of a regulated NSR 

pollutant; and

(ii) A significant net emissions increase of that pollutant from 

the major stationary source.

(b) Any significant emissions increase from any emissions units 

or net emissions increase at a major stationary source that is 

significant for volatile organic compounds shall be considered 

significant for ozone.

(c) A physical change or change in the method of operation shall 

not include:

(i) Routine maintenance, repair and replacement;
67

(ii) Use of an alternative fuel or raw material by reason of an 

order under sections 2 (a) and (b) of the Energy Supply and 

Environmental Coordination Act of 1974 (or any superseding 

legislation) or by reason of a natural gas curtailment plan pursuant 

to the Federal Power Act;

(iii) Use of an alternative fuel by reason of an order or rule 

section 125 of the Federal Clean Air Act;

(iv) Use of an alternative fuel at a steam generating unit to 

the extent that the fuel is generated from municipal solid waste;

(v) Use of an alternative fuel or raw material by a stationary 

source which:

(A) The source was capable of accommodating before December 21, 

1976, unless such change would be prohibited under any federally 

enforceable permit condition which was established after December 12, 

1976, pursuant to 40 C.F.R. 52.21 or under regulations approved 

pursuant to 40 C.F.R. Part 51, Subpart I or ((section)) 40 C.F.R.

51.166; or

(B) The source is approved to use under any permit issued under 

regulations approved by ((the administrator)) EPA implementing 40 

C.F.R. 51.165.

(vi) An increase in the hours of operation or in the production 

rate, unless such change is prohibited under any federally 

enforceable permit condition which was established after December 21, 

1976, pursuant to 40 C.F.R. 52.21 or regulations approved pursuant to 

40 C.F.R. Part 51, Subpart I or 40 C.F.R. 51.166;

(vii) Any change in ownership at a stationary source;

(viii) The installation, operation, cessation, or removal of a 

temporary clean coal technology demonstration project, provided that 

the project complies with:

(A) The state implementation plan for the state in which the 

project is located; and
68

(B) Other requirements necessary to attain and maintain the 

National Ambient Air Quality Standard during the project and after it 

is terminated.

(d) This definition shall not apply with respect to a particular 

regulated NSR pollutant when the major stationary source is complying 

with the requirements for a PAL for that pollutant. Instead, the 

definitions in 40 C.F.R. Part 51, Appendix S ((adopted by reference 

in WAC 173-400-850)) shall apply.

(e) For the purpose of applying the requirements of WAC 173-400-

830 (1)(i) to modifications at major stationary sources of nitrogen 

oxides located in ozone nonattainment areas or in ozone transport 

regions, whether or not subject to sections 181-185B, Part D, Title I 

of the Federal Clean Air Act, any significant net emissions increase 

of nitrogen oxides is considered significant for ozone.

(f) Any physical change in, or change in the method of operation 

of, a major stationary source of volatile organic compounds that 

results in any increase in emissions of volatile organic compounds 

from any discrete operation, emissions unit, or other pollutant 

emitting activity at the source shall be considered a significant net 

emissions increase and a major modification for ozone, if the major 

stationary source is located in an extreme ozone nonattainment area 

that is subject to sections 181-185B, Part D, Title I of the Federal 

Clean Air Act.

(g) Fugitive emissions shall not be included in determining for 

any of the purposes of this section whether a physical change in or 

change in the method of operation of a major stationary source is a 

major modification, unless the source belongs to one of the source 

categories listed in subsection (14)(e) of this section, the 

definition of major stationary source.

(16) Necessary preconstruction approvals or permits means those 

permits or orders of approval required under federal air quality 

control laws and regulations or under air quality control laws and 

regulations which are part of the applicable state implementation 

plan.
69

(17)(a) Net emissions increase means with respect to any 

regulated NSR pollutant emitted by a major stationary source, the 

amount by which the sum of the following exceeds zero:

(i) The increase in emissions from a particular physical change 

or change in the method of operation at a stationary source as 

calculated pursuant to WAC 173-400-820 (2) and (3); and

(ii) Any other increases and decreases in actual emissions at 

the major stationary source that are contemporaneous with the 

particular change and are otherwise creditable. In determining the 

net emissions increase, baseline actual emissions for calculating 

increases and decreases shall be determined as provided in the 

definition of baseline actual emissions, except that subsection 

(2)(a)(iii) and (b)(iv) of this section, in the definition of 

baseline actual emissions, shall not apply.

(b) An increase or decrease in actual emissions is 

contemporaneous with the increase from the particular change only if 

it occurs before the date that the increase from the particular 

change occurs;

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

only if:

(i) It occurred no more than one year prior to the date of 

submittal of a complete notice of construction application for the 

particular change, or it has been documented by an emission reduction 

credit (ERC). Any emissions increases occurring between the date of 

issuance of the ERC and the date when a particular change becomes 

operational shall be counted against the ERC; and

(ii) The permitting authority has not relied on it in issuing a 

permit for the source under regulations approved pursuant to 40 

C.F.R. 51.165, which permit is in effect when the increase in actual 

emissions from the particular change occurs; and

(iii) As it pertains to an increase or decrease in fugitive 

emissions (to the extent quantifiable), it occurs at an emissions 

unit that is part of one of the source categories listed in 

subsection (14)(e) of this section, the definition of major 
70

stationary source, or it occurs at an emissions unit that is located 

at a major stationary source that belongs to one of the listed source 

categories. Fugitive emission increases or decreases are not 

creditable for those emissions units located at a facility whose 

primary activity is not represented by one of the source categories 

listed in subsection (14)(e) of this section, the definition of major 

stationary source, and that are not, by themselves, part of a listed 

source category.

(d) An increase in actual emissions is creditable only to the 

extent that the new level of actual emissions exceeds the old level;

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

extent that:

(i) The old level of actual emission or the old level of 

allowable emissions whichever is lower, exceeds the new level of 

actual emissions;

(ii) It is enforceable as a practical matter at and after the 

time that actual construction on the particular change begins;

(iii) The permitting authority has not relied on it as part of 

an offsetting transaction under WAC 173-400-113(4) or 173-400-830 or 

in issuing any permit under regulations approved pursuant to 40 

C.F.R. Part 51, Subpart I or the state has not relied on it in 

demonstrating attainment or reasonable further progress;

(iv) It has approximately the same qualitative significance for 

public health and welfare as that attributed to the increase from the 

particular change; and

(f) An increase that results from a physical change at a source 

occurs when the emissions unit on which construction occurred becomes 

operational and begins to emit a particular pollutant.

(g) Any replacement unit that requires shakedown becomes 

operational only after a reasonable shakedown period, not to exceed 

one hundred eighty days.
71

(h) Subsection (1)(b) of this section, in the definition of 

actual emissions, shall not apply for determining creditable 

increases and decreases or after a change.

(18) Nonattainment major new source review (NSR) program means 

the major source preconstruction permit program that has been 

approved by ((the administrator)) EPA and incorporated into the plan 

to implement the requirements of 40 C.F.R. 51.165, or a program that 

implements 40 C.F.R. Part 51, Appendix S, sections I through VI. Any 

permit issued under either program is a major NSR permit.

(19) Pollution prevention means any activity that through 

process changes, product reformulation or redesign, or substitution 

of less polluting raw materials, eliminates or reduces the release of 

air pollutants (including fugitive emissions) and other pollutants to 

the environment prior to recycling, treatment, or disposal; it does 

not mean recycling (other than certain "in-process recycling" 

practices), energy recovery, treatment, or disposal.

(20) Predictive emissions monitoring system (PEMS) means all of 

the equipment necessary to monitor process and control device 

operational parameters (for example, control device secondary 

voltages and electric currents) and other information (for example, 

gas flow rate, O2 or CO2 concentrations), and calculate and record the 

mass emissions rate (for example, lb/hr) on a continuous basis.

(21) Prevention of significant deterioration (PSD) permit means 

any permit that is issued under the major source preconstruction 

permit program that has been approved by ((the administrator)) EPA

and incorporated into the plan to implement the requirements of 40 

C.F.R. 51.166, or under the program in 40 C.F.R. 52.21.

(22) Project means a physical change in, or change in the method 

of operation of, an existing major stationary source.

(23)(a) Projected actual emissions means the maximum annual 

rate, in tons per year, at which an existing emissions unit is 

projected to emit a regulated NSR pollutant in any one of the five 

years (twelve-month period) following the date the unit resumes 

regular operation after the project, or in any one of the ten years 
72

following that date, if the project involves increasing the emissions 

unit's design capacity or its potential to emit of that regulated NSR 

pollutant and full utilization of the unit would result in a 

significant emissions increase or a significant net emissions 

increase at the major stationary source.

(b) In determining the projected actual emissions before 

beginning actual construction, the owner or operator of the major 

stationary source:

(i) Shall consider all relevant information including, but not 

limited to, historical operational data, the company's own 

representations, the company's expected business activity and the 

company's highest projections of business activity, the company's 

filings with the state or federal regulatory authorities, and 

compliance plans under the approved plan; and

(ii) Shall include emissions associated with startups, 

shutdowns, and malfunctions; and, for an emissions unit that is part 

of one of the source categories listed in subsection (14)(e) of this 

section, the definition of major stationary source, or for an 

emissions unit that is located at a major stationary source that 

belongs to one of the listed source categories, shall include 

fugitive emissions (to the extent quantifiable); and

(iii) Shall exclude, in calculating any increase in emissions 

that results from the particular project, that portion of the unit's 

emissions following the project that an existing unit could have 

accommodated during the consecutive twenty-four-month period used to 

establish the baseline actual emissions and that are also unrelated 

to the particular project, including any increased utilization due to 

product demand growth; or

(iv) In lieu of using the method set out in (b)(i) through (iii) 

of this subsection, the owner or operator may elect to use the 

emissions unit's potential to emit, in tons per year. For this 

purpose, if the emissions unit is part of one of the source 

categories listed in subsection (14)(e) of this section, the 

definition of major stationary source or if the emissions unit is 
73

located at a major stationary source that belongs to one of the 

listed source categories, the unit's potential to emit shall include 

fugitive emissions (to the extent quantifiable).

(24)(a) Regulated NSR pollutant, means the following:

(i) Nitrogen oxides or any volatile organic compounds;

(ii) Any pollutant for which a National Ambient Air Quality 

Standard has been promulgated;

(iii) Any pollutant that is identified under this subsection as 

a constituent or precursor of a general pollutant listed in (a)(i) or 

(ii) of this subsection, provided that such constituent or precursor 

pollutant may only be regulated under NSR as part of regulation of 

the general pollutant. For purposes of NSR precursor pollutants are 

the following:

(A) Volatile organic compounds and nitrogen oxides are 

precursors to ozone in all ozone nonattainment areas.

(B) Sulfur dioxide is a precursor to PM-2.5 in all PM-2.5 

nonattainment areas.

(C) Nitrogen oxides are precursors to PM-2.5 in all PM-2.5 

nonattainment areas.

(b) PM-2.5 emissions and PM-10 emissions shall include gaseous 

emissions from a source or activity which condense to form 

particulate matter at ambient temperatures. On or after January 1, 

2011, such condensable particulate matter shall be accounted for in 

applicability determinations and in establishing emissions 

limitations for PM-2.5 in nonattainment major NSR permits. Compliance 

with emissions limitations for PM-2.5 issued prior to this date shall 

not be based on condensable particulate matter unless required by the 

terms and conditions of the permit or the applicable implementation 

plan. Applicability determinations for PM-2.5 made prior to the 

effective date of WAC 173-400-800 through 173-400-850 made without 

accounting for condensable particulate matter shall not be considered 

in violation of WAC 173-400-800 through 173-400-850.
74

(25)(a) Replacement unit means an emissions unit for which all 

the criteria listed below are met:

(i) The emissions unit is a reconstructed unit within the 

meaning of 40 C.F.R. 60.15 (b)(1), or the emissions unit completely 

takes the place of an existing emissions unit.

(ii) The emissions unit is identical to or functionally 

equivalent to the replaced emissions unit.

(iii) The replacement does not alter the basic design parameters 

of the process unit. Basic design parameters are:

(A) Except as provided in (a)(iii)(C) of this subsection, for a 

process unit at a steam electric generating facility, the owner or 

operator may select as its basic design parameters either maximum 

hourly heat input and maximum hourly fuel consumption rate or maximum 

hourly electric output rate and maximum steam flow rate. When 

establishing fuel consumption specifications in terms of weight or 

volume, the minimum fuel quality based on British thermal units 

content must be used for determining the basic design parameter(s) 

for a coal-fired electric utility steam generating unit.

(B) Except as provided in (a)(iii)(C) of this subsection, the 

basic design parameter(s) for any process unit that is not at a steam 

electric generating facility are maximum rate of fuel or heat input, 

maximum rate of material input, or maximum rate of product output. 

Combustion process units will typically use maximum rate of fuel 

input. For sources having multiple end products and raw materials, 

the owner or operator should consider the primary product or primary 

raw material of the process unit when selecting a basic design 

parameter.

(C) If the owner or operator believes the basic design 

parameter(s) in (a)(iii)(A) and (B) of this subsection is not 

appropriate for a specific industry or type of process unit, the 

owner or operator may propose to the reviewing authority an 

alternative basic design parameter(s) for the source's process 

unit(s). If the reviewing authority approves of the use of an 

alternative basic design parameter(s), the reviewing authority will 
75

issue a new permit or modify an existing permit that is legally 

enforceable that records such basic design parameter(s) and requires 

the owner or operator to comply with such parameter(s).

(D) The owner or operator shall use credible information, such 

as results of historic maximum capability tests, design information 

from the manufacturer, or engineering calculations, in establishing 

the magnitude of the basic design parameter(s) specified in 

(a)(iii)(A) and (B) of this subsection.

(E) If design information is not available for a process unit, 

then the owner or operator shall determine the process unit's basic 

design parameter(s) using the maximum value achieved by the process 

unit in the five-year period immediately preceding the planned 

activity.

(F) Efficiency of a process unit is not a basic design 

parameter.

(iv) The replaced emissions unit is permanently removed from the 

major stationary source, otherwise permanently disabled, or 

permanently barred from operation by a permit that is enforceable as 

a practical matter. If the replaced emissions unit is brought back 

into operation, it shall constitute a new emissions unit.

(b) No creditable emission reductions shall be generated from 

shutting down the existing emissions unit that is replaced.

(26) Reviewing authority means "permitting authority" as defined 

in WAC 173-400-030.

(27) Significant means:

(a) In reference to a net emissions increase or the potential of 

a source to emit any of the following pollutants, a rate of emissions 

that would equal or exceed any of the following rates:

Pollutant Emission Rate

Carbon monoxide 100 tons per year (tpy)
76

Pollutant Emission Rate

Nitrogen oxides 40 tons per year

Sulfur dioxide 40 tons per year

Ozone 40 tons per year of volatile organic compounds 

or nitrogen oxides

Lead 0.6 tons per year

PM-10 15 tons per year

PM-2.5 10 tons per year of direct PM-2.5 emissions; 

40 tons per year of nitrogen oxide emissions; 

40 tons per year of sulfur dioxide emissions

(b) Notwithstanding the significant emissions rate for ozone, 

significant means, in reference to an emissions increase or a net 

emissions increase, any increase in actual emissions of volatile 

organic compounds that would result from any physical change in, or 

change in the method of operation of, a major stationary source 

locating in a serious or severe ozone nonattainment area that is 

subject to sections 181-185B, of the Federal Clean Air Act, if such 

emissions increase of volatile organic compounds exceeds twenty-five 

tons per year.

(c) For the purposes of applying the requirements of WAC 173-

400-830 (1)(i) to modifications at major stationary sources of 

nitrogen oxides located in an ozone nonattainment area or in an ozone 

transport region, the significant emission rates and other 

requirements for volatile organic compounds in (a), (b), and (e) of 

this subsection, of the definition of significant, shall apply to 

nitrogen oxides emissions.

(d) Notwithstanding the significant emissions rate for carbon 

monoxide under (a) of this subsection, the definition of significant, 

significant means, in reference to an emissions increase or a net 

emissions increase, any increase in actual emissions of carbon 
77

monoxide that would result from any physical change in, or change in 

the method of operation of, a major stationary source in a serious 

nonattainment area for carbon monoxide if such increase equals or 

exceeds fifty tons per year, provided ((the administrator)) EPA has 

determined that stationary sources contribute significantly to carbon 

monoxide levels in that area.

(e) Notwithstanding the significant emissions rates for ozone 

under (a) and (b) of this subsection, the definition of significant, 

any increase in actual emissions of volatile organic compounds from 

any emissions unit at a major stationary source of volatile organic 

compounds located in an extreme ozone nonattainment area that is 

subject to sections 181-185B of the Federal Clean Air Act shall be 

considered a significant net emissions increase.

(28) Significant emissions increase means, for a regulated NSR 

pollutant, an increase in emissions that is significant for that 

pollutant.

(29) Source and stationary source means any building, structure, 

facility, or installation which emits or may emit a regulated NSR 

pollutant.

(30) Temporary clean coal technology demonstration project means 

a clean coal technology demonstration project that is operated for a 

period of five years or less, and which complies with the state 

implementation plan for the state in which the project is located and 

other requirements necessary to attain and maintain the National 

Ambient Air Quality Standards during the project and after it is 

terminated.

(31) Best available control technology (BACT) means an emissions 

limitation (including a visible emissions standard) based on the 

maximum degree of reduction for each regulated NSR pollutant which 

would be emitted from any proposed major stationary source or major 

modification which the reviewing authority, on a case-by-case basis, 

taking into account energy, environmental, and economic impacts and 

other costs, determines is achievable for such source or modification 

through application of production processes or available methods, 
78

systems, and techniques, including fuel cleaning or treatment or 

innovative fuel combustion techniques for control of such pollutant. 

In no event shall application of best available control technology 

result in emissions of any pollutant which would exceed the emissions 

allowed by any applicable standard under 40 C.F.R. Part 60 or 61. If 

the reviewing authority determines that technological or economic 

limitations on the application of measurement methodology to a 

particular emissions unit would make the imposition of an emissions 

standard infeasible, a design, equipment, work practice, operational 

standard, or combination thereof, may be prescribed instead to 

satisfy the requirement for the application of BACT. Such standard 

shall, to the degree possible, set forth the emissions reduction 

achievable by implementation of such design, equipment, work practice 

or operation, and shall provide for compliance by means which achieve 

equivalent results.

WAC 173-400-830 Permitting requirements. (1) The owner or 

operator of a proposed new major stationary source or a major 

modification of an existing major stationary source, as determined 

according to WAC 173-400-820, is authorized to construct and operate 

the proposed project provided the following requirements are met:

(a) The proposed new major stationary source or a major 

modification of an existing major stationary source will not cause 

any ambient air quality standard to be exceeded, will not violate the 

requirements for reasonable further progress established by the SIP 

and will comply with WAC 173-400-113 (3) and (4) for all air 

contaminants for which the area has not been designated 

nonattainment.

(b) The permitting authority has determined, based on review of 

an analysis performed by the owner or operator of a proposed new 

major stationary source or a major modification of an existing major 

stationary source of alternative sites, sizes, production processes, 

and environmental control techniques, that the benefits of the 

project significantly outweigh the environmental and social costs 

imposed as a result of its location, construction, or modification.
79

(c) The proposed new major stationary source or a major 

modification of an existing major stationary source will comply with 

all applicable New Source Performance Standards, National Emission 

Standards for Hazardous Air Pollutants, National Emission Standards 

for Hazardous Air Pollutants for Source Categories, and emission 

standards adopted by ecology and the permitting authority.

(d) The proposed new major stationary source or a major

modification of an existing major stationary source will employ BACT 

for all air contaminants and designated precursors to those air 

contaminants, except that it will achieve LAER for the air 

contaminants and designated precursors to those air contaminants for 

which the area has been designated nonattainment and for which the 

proposed new major stationary source is major or for which the 

existing source is major and the proposed modification is a major 

modification.

(e) Allowable emissions from the proposed new major stationary 

source or major modification of an existing major stationary source 

of that air contaminant and designated precursors to those air 

contaminants are offset by reductions in actual emissions from 

existing sources in the nonattainment area. All offsetting emission 

reductions must satisfy the requirements in WAC 173-400-840.

(f) The owner or operator of the proposed new major stationary 

source or major modification of an existing major stationary source 

has demonstrated that all major stationary sources owned or operated 

by such person (or by any entity controlling, controlled by, or under 

common control with such person) in Washington are subject to 

emission limitations and are in compliance, or on a schedule for 

compliance, with all applicable emission limitations and standards 

under the Federal Clean Air Act, including all rules in the SIP.

(g) If the proposed new source is also a major stationary source 

within the meaning of WAC 173-400-720, or the proposed modification 

is also a major modification within the meaning of WAC 173-400-720, 

it meets the requirements of the PSD program under 40 C.F.R. 52.21 

delegated to ecology by EPA Region 10, while such delegated program 

remains in effect. The proposed new major stationary source or major 
80

modification will comply with the PSD program in WAC 173-400-700 

through 173-400-750 for all air contaminants for which the area has 

not been designated nonattainment when that PSD program has been 

approved into the Washington SIP.

(h) The proposed new major stationary source or the proposed 

major modification meets the special protection requirements for 

federal Class I areas in WAC 173-400-117.

(i) All requirements of this section applicable to major 

stationary sources and major modifications of volatile organic 

compounds shall apply to nitrogen oxides emissions from major 

stationary sources and major modifications of nitrogen oxides in an 

ozone transport region or in any ozone nonattainment area, except in 

an ozone nonattainment area or in portions of an ozone transport 

region where ((the administrator of the environmental protection 

agency)) EPA has granted a NOX waiver applying the standards set forth 

under section 182(f) of the Federal Clean Air Act and the waiver 

continues to apply.

(j) The requirements of this section applicable to major 

stationary sources and major modifications of PM-10 and PM-2.5 shall 

also apply to major stationary sources and major modifications of PM10 and PM-2.5 precursors, except where ((the administrator of the)) 

EPA determines that such sources do not contribute significantly to 

PM-10 levels that exceed the PM-10 ambient standards in the area.

(2) Approval to construct shall not relieve any owner or 

operator of the responsibility to comply fully with applicable 

provisions of the state implementation plan and any other 

requirements under local, state or federal law.

(3) At such time that a particular source or modification 

becomes a major stationary source or major modification solely by 

virtue of a relaxation in any enforceable limitation which was 

established after August 7, 1980, on the capacity of the source or 

modification otherwise to emit a pollutant, such as a restriction on 

hours of operation, then the requirements of regulations approved 

pursuant to 40 C.F.R. 51.165, or the requirements of 40 C.F.R. Part 
81

51, Appendix S, as applicable, shall apply to the source or 

modification as though construction had not yet commenced on the 

source or modification. 40 C.F.R. Part 51, Appendix S shall not apply 

to a new or modified source for which enforceable limitations are 

established after WAC 173-400-800 through 173-400-850 have been 

approved into Washington's SIP.

WAC 173-400-840 Emission offset requirements. (1) The ratio of 

total actual emissions reductions to the emissions increase shall be 

1.1:1 unless an alternative ratio is provided for the applicable 

nonattainment area in subsection (2) through (4) of this section.

(2) In meeting the emissions offset requirements of WAC 173-400-

830 for ozone nonattainment areas that are subject to sections 181-

185B of the Federal Clean Air Act, the ratio of total actual 

emissions reductions of VOC to the emissions increase of VOC shall be 

as follows:

(a) In any marginal nonattainment area for ozone - 1.1:1;

(b) In any moderate nonattainment area for ozone - 1.15:1;

(c) In any serious nonattainment area for ozone - 1.2:1;

(d) In any severe nonattainment area for ozone - 1.3:1; and

(e) In any extreme nonattainment area for ozone - 1.5:1.

(3) Notwithstanding the requirements of subsection (2) of this 

section for meeting the requirements of WAC 173-400-830, the ratio of 

total actual emissions reductions of VOC to the emissions increase of 

VOC shall be 1.15:1 for all areas within an ozone transport region 

that is subject to sections 181-185B of the Federal Clean Air Act, 

except for serious, severe, and extreme ozone nonattainment areas 

that are subject to sections 181-185B of the Federal Clean Air Act.

(4) In meeting the emissions offset requirements of this section 

for ozone nonattainment areas that are subject to sections 171-179b 

of the Federal Clean Air Act (but are not subject to sections 181-

185B of the Federal Clean Air Act, including eight-hour ozone 

nonattainment areas subject to 40 C.F.R. 51.902(b)), the ratio of 
82

total actual emissions reductions of VOC to the emissions increase of 

VOC shall be 1.1:1.

(5) Emission offsets used to meet the requirements of WAC 173-

400-830 (1)(e), must be for the same regulated NSR pollutant.

(6) If the offsets are provided by another source, the 

reductions in emissions from that source must be federally 

enforceable by the time the order of approval for the new or modified 

source is effective. An emission reduction credit issued under WAC 

173-400-131 may be used to satisfy some or all of the offset 

requirements of this subsection.

(7) Emission offsets are required for the incremental increase 

in allowable emissions occurring during startup and shutdown 

operations at the new or modified emission units subject to 

nonattainment area major new source review. The incremental increase 

is the difference between the allowable emissions during normal 

operation and the allowable emissions for startup and shutdown 

contained in the nonattainment new source review approval.

(8) Emission offsets including those described in an emission 

reduction credit issued under WAC 173-400-131, must meet the 

following criteria:

(a) The baseline for determining credit for emissions reductions 

is the emissions limit under the applicable state implementation plan 

in effect at the time the notice of construction application is 

determined to be complete, except that the offset baseline shall be 

the actual emissions of the source from which offset credit is 

obtained where:

(i) The demonstration of reasonable further progress and 

attainment of ambient air quality standards is based upon the actual 

emissions of sources located within the designated nonattainment 

area; or

(ii) The applicable state implementation plan does not contain 

an emissions limitation for that source or source category.

(b) Other limitations on emission offsets.
83

(i) Where the emissions limit under the applicable state 

implementation plan allows greater emissions than the potential to 

emit of the source, emissions offset credit will be allowed only for 

control below the potential to emit;

(ii) For an existing fuel combustion source, credit shall be 

based on the allowable emissions under the applicable state 

implementation plan for the type of fuel being burned at the time the 

notice of construction application is determined to be complete. If 

the existing source commits to switch to a cleaner fuel at some 

future date, an emissions offset credit based on the allowable (or 

actual) emissions reduction resulting from the fuels change is not 

acceptable, unless the permit or other enforceable order is 

conditioned to require the use of a specified alternative control 

measure which would achieve the same degree of emissions reduction 

should the source switch back to the higher emitting (dirtier) fuel 

at some later date. The permitting authority must ensure that 

adequate long-term supplies of the new fuel are available before 

granting emissions offset credit for fuel switches;

(iii) Emission reductions.

(A) Emissions reductions achieved by shutting down an existing 

emission unit or curtailing production or operating hours may be 

generally credited for offsets if:

(I) Such reductions are surplus, permanent, quantifiable, and 

federally enforceable; and

(II) The shutdown or curtailment occurred after the last day of 

the base year for the SIP planning process. For purposes of this 

subsection, the permitting authority may choose to consider a prior 

shutdown or curtailment to have occurred after the last day of the 

base year if the projected emissions inventory used to develop the 

attainment demonstration explicitly includes the preshutdown or 

precurtailment emissions from the previously shutdown or curtailed 

emission units. However, in no event may credit be given for 

shutdowns that occurred before August 7, 1977.
84

(B) Emissions reductions achieved by shutting down an existing 

emissions unit or curtailing production or operating hours and that 

do not meet the requirements in subsection (8)(b)(iii)(A) of this 

section may be generally credited only if:

(I) The shutdown or curtailment occurred on or after the date 

the construction permit application is filed; or

(II) The applicant can establish that the proposed new emissions 

unit is a replacement for the shutdown or curtailed emissions unit, 

and the emissions reductions achieved by the shutdown or curtailment 

met the requirements of (7)(b)(iii)(A)(I) of this section.

(iv) All emission reductions claimed as offset credit shall be 

federally enforceable;

(v) Emission reductions used for offsets may only be from any 

location within the designated nonattainment area. Except the 

permitting authority may allow use of emission reductions from 

another area that is nonattainment for the same pollutant, provided 

the following conditions are met:

(A) The other area is designated as an equal or higher 

nonattainment status than the nonattainment area where the source 

proposing to use the reduction is located; and

(B) Emissions from the other nonattainment area contribute to 

violations of the standard in the nonattainment area where the source 

proposing to use the reduction is located.

(vi) Credit for an emissions reduction can be claimed to the 

extent that the reduction has not been relied on in issuing any 

permit under 40 C.F.R. 52.21 or regulations approved pursuant to 40 

C.F.R. Part 51, subpart I or the state has not relied on it in 

demonstration of attainment or reasonable further progress.

(vii) The total tonnage of increased emissions, in tons per 

year, resulting from a major modification that must be offset in 

accordance with Section 173 of the Federal Clean Air Act shall be 

determined by summing the difference between the allowable emissions 
85

after the modification and the actual emissions before the 

modification for each emissions unit.

(9) No emissions credit may be allowed for replacing one 

hydrocarbon compound with another of lesser reactivity, except for 

those compounds listed in Table 1 of EPA's "Recommended Policy on 

Control of Volatile Organic Compounds" (42 FR 35314, July 8, 1977). 

This document is also available from ((Mr. Ted Creekmore,)) Office of 

Air Quality Planning and Standards, (MD-15) Research Triangle Park, 

NC 27711.

WAC 173-400-850 Actual emissions plantwide applicability 

limitation (PAL). The Actuals Plantwide Applicability ((limit)) 

Limitations (PAL) program ((contained)) in Section IV.K of Appendix S 

(Emission Offset Interpretive Ruling) to 40 C.F.R. Part 51, 

((Appendix S, Emission Offset Ruling, as of May 1, 2012,)) is adopted 

((by reference)) with the following exceptions:

(1) The term "reviewing authority" means "permitting authority" 

as defined in WAC 173-400-030.

(2) "PAL permit" means the major or minor new source review 

permit issued that establishes the PAL and those PAL terms as they 

are incorporated into an air operating permit issued pursuant to 

chapter 173-401 WAC.

(3) The reference to 40 C.F.R. 70.6 (a)(3)(iii)(B) in subsection 

IV.K.14 means WAC 173-401-615 (3)(b).

(4) No PAL permit can be issued under this provision until EPA 

adopts this section into the state implementation plan.
86

Appendix C. Strikeout Rule Language in Chapter 173-476 

WAC proposed for inclusion in SIP

This document contains the portions of Chapter 173-476 WAC that Ecology will be submitting to EPA 

for inclusion in the Washington State Implementation Plan.

WAC 173-476-020 Applicability. (1) The provisions of this 

chapter apply to all areas of the state of Washington.

(2) All federal regulations referenced in this regulation are 

adopted as they exist on ((August 3, 2013)) January 1, 2016.

WAC 173-476-150 Ambient air quality standard for ozone. (1) 

Standard for ozone. The three-year average of the annual fourth 

highest daily maximum eight-hour average concentration of ozone in 

the ambient air must not exceed ((0.075)) 0.070 ppmv.

(2) Measurement method. The levels of ozone in the ambient air 

must be measured by:

(a) A FRM based on 40 C.F.R. Part 50, Appendix D and designated 

according to 40 C.F.R. Part 53; or

(b) A FEM designated according to 40 C.F.R. Part 53.

(3) Interpretation method. The interpretation method found in 40 

C.F.R. Part 50, Appendix ((P)) U must be followed.

WAC 173-476-900 Table of standards.

Disclaimer: This table is provided as an overview. See complete rule 

for more detail.

Pollutant Averaging 

Time

Level Remarks Measurement 

Method

Interpretation 

Method

Particle 

Pollution

PM-10 24-hour 150 μg/m3 Not to be exceeded more than once per 

year averaged over 3 years

40 C.F.R. Part 50, 

Appendix J

40 C.F.R. Part 50, 

Appendix K

PM-2.5 Annual 12.0 μg/m3 Annual mean, averaged over 3 years 40 C.F.R. Part 50, 

Appendix L

40 C.F.R. Part 50, 

Appendix N

24-hour 35 μg/m3 98th percentile, averaged over 3 years

Lead Rolling 3-

month average

0.15 μg/m3 Not to be exceeded 40 C.F.R. Part 50, 

Appendix G

40 C.F.R. Part 50, 

Appendix R
87

Sulfur Dioxide Annual 0.02 ppmv Not to be exceeded in a calendar year 40 C.F.R. Part 50, 

Appendix A-1 or A-2

WAC 173-476-

130(3)

24-hour 0.14 ppmv Not to be exceeded more than once per 

year

3-hour 0.5 ppmv Not to be exceeded more than once per 

year

1-hour 75 ppbv 99th percentile of 1-hour daily maximum

concentrations, averaged over 3 years

Nitrogen Dioxide Annual 53 ppbv Annual Mean 40 C.F.R. Part 50, 

Appendix F

40 C.F.R. Part 50, 

Appendix S

1-hour 100 ppbv 98th percentile of 1-hour daily maximum 

concentrations, averaged over 3 years

Ozone 8-hour ((0.075)) 0.070 

ppmv

Annual fourth-highest daily maximum 8-

hr concentration, averaged over 3 years

40 C.F.R. Part 50, 

Appendix D

40 C.F.R. Part 50, 

Appendix ((P)) U

Carbon Monoxide 8-hour 9 ppmv Not to be exceeded more than once per 

year

40 C.F.R. Part 50, 

Appendix C

WAC 173-476-

160(3)
88

Appendix D. Differences between the Proposed SIP 

Revisions in the First & Second Public Comment Periods 

The following corrections were made after the proposed SIP revision document was posted for the first 

public comment period. For ease of identification, the changes in the second period are underlined in the 

text of this section, especially changes in the body, not in the appendices. 

Changes made in Proposed Revisions to Chapter 173-400 WAC for inclusion into the Washington 

SIP 

Page 4: Addition 

• WAC 173-400-260 Conflict of Interest

Page 14: Revised in Appendix A. 

• WAC 173-400-720 was rewritten to clearly show the changes made on the previous SIP.

Page 39: Addition in Appendix B.1. Please note that WAC 400-173-260 is underlined because the 

whole provision is an addition to the SIP, as change in this period. Otherwise, it was in the rule and 

the SIP, only “(section 128)” is added to replace the strikethrough text.

WAC 173-400-260 Conflict of interest. All board members and officials acting or voting on 

decisions affecting air pollution sources, must comply with the Federal Clean Air Act, as it pertains 

to conflict of interest((, and 40 C.F.R. 103(d) which is incorporated by reference)) (Section 128).

Page 39: Revised 

• WAC 173-400-710 was rewritten to include “(in effect on the date in WAC 173-400-025)” 

Changes in Introduction chapter that describe the revisions in Chapter 173-400 WAC to be 

included in Benton Clean Air Agency’s SIP:

Page 1: Specifying sections applicable to Prevention of Significant Deterioration

• Those provisions that apply to the Prevention of Significant Deterioration permitting program 

were wrongly specified as WAC 173-400-700 to 930, and now written correctly as WAC 173-

400-700 to750.

Page 6: The following sections are additions to be included in the SIP

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

• WAC 173-400-830 Permitting requirements.

• WAC 173-400-840 Emission offset requirements

• WAC 173-400-850 Actual emissions plant wide applicability limitation (PAL).

Page 6: Removed

• WAC 173-400-116 Increment protection.

Page 89 BCAA letter applicability 025

• Benton Clean Air Agency’s Request to include Portions of Chapter 173-400 WAC in their SIP
89

Appendix E. Benton Clean Air Agency’s Request to 

include Portions of Chapter 173-400 WAC in their SIP

March 15, 2016

Ms. Maia Bellon

Director,Washington State Department of Ecology, 300

DesmondDriveSE

Lacey, WA 98503 Dear

Ms.Bellon

In order to maintain EPA's approval of the state's Air Operating Permit and Prevention of

Significant Deterioration programs, Ecology is proposing to update the General Air Quality

Regulation, Chapter 173-400 Washington Administrative Code (WAC) (February 25, 2016).

Portions of the proposed provisions in Chapter 173-400 WAC are being proposed to EPA for

inclusion in the Washington State Implementation Plan (SIP). The SIP revision is focused on

adopting recent federal regulations and several good housekeeping actions to facilitate future

adoption of federal regulations.

BentonCleanAirAgency (BCAA)requeststhatEcologyadoptthe sameSIPrevisionasBCAA'sSIP

to be part of Washington SIP and submit itto EPA for approval except:

• Section 040(4), 040(9)(a) and (b).

• Sections 700 through 750 that apply to the Prevention of Significant

Deterioration permitting program.

• Section 930.

Sincerely,

AGENCY
90

Robin Priddy Executive

Director

Attachment A: State Implementation Plan Revision; Proposed rule language

Appendix A: Overview Table: Table 1. General overview of the status of sections in Chapter 173-

400WAC and SIP submittal.

• 526SouthClodfelterRood • Kennewick, Washington 99336 • FaxNumber509-783-6562

Phone: 509.783.1304 • Website: www.bentoncleanair.org
91

Appendix F. Public Involvement
92

Appendix F.1. Affidavits of Publications

Affidavit of Publication in The Daily Journal of Commerce: First Comment Period
93
94

Affidavit of Publication in The Daily Journal of Commerce: Second Comment Period
95
96

Affidavit of Publication in The Tri-City Herald: Benton Clean Air Agency
97

Rule Proposal and SIP Revision Notice

Appendix F.2. Notices of Proposed SIP Revision

 

 

 

 

Amending rules to include EPA requirements and 

California vehicle emission standards

Ecology is proposing to amend three rules:

• General Regulations for Air Pollution Sources (Chapter 173-

400 WAC) 

• Low Emission Vehicles (Chapter 173-423 WAC) 

• Ambient Air Quality Standards (Chapter 173-476 WAC) 

The rule proposal will be published in the Washington State 

Register on March 16, 2016. If adopted, Ecology proposes to 

submit rule revisions to EPA for inclusion into the Washington 

State Implementation Plan (SIP). The SIP is a statewide plan for 

meeting federal air quality standards.

What is the purpose of the rule proposal? 

The purpose of the rule proposal is to adopt new requirements for 

the following:

• General Regulations for Air Pollution Sources –

include new federal rules and changes to federal rules 

since the last time Ecology amended this chapter (2012).

• Low Emission Vehicles – include updates to California 

motor vehicle emission standards. 

• Ambient Air Quality Standards – include the lower 

federal ozone standard and associated monitoring 

requirements. 

What is the purpose of the SIP proposal? 

The purpose of the SIP revision is to include the proposed rule 

amendments into the SIP to meet federal Clean Air Act 

requirements. The SIP revision requests these actions from EPA:

• Approve certain revisions to Chapters 173-400 and 173-

476 WAC into the SIP, and remove existing language 

that is being replaced

• Approve certain revision of Chapter 173-400 WAC into 

the Benton County Clean Air Agency SIP, and remove 

existing rule language that is being replaced

Publication Number: 16-02-005 1 

MORE INFORMATION

Public comment period

February 25, 2016 –

April 12, 2016

Public Hearing and 

Webinar

Two consecutive public 

hearings will be held for the 

rule proposal and SIP 

revision.

Date

Tuesday, April 5, 2016

2:00 p.m.

Location

Department of Ecology

300 Desmond Drive

Lacey, WA 98503

Website:

http://www.ecy.wa.gov/progra

ms/air/rules/rulemaking.html

Contact information:

Elena Guilfoil

Air Quality Program

360-407-6855

elena.guilfoil@ecy.wa.gov

Special accommodations

For special accommodations 

or documents in an alternate 

format, call 360-407-6800, 

711 (relay service) or 877-

833-6341 (TTY).

Air Quality Program February 2016
98

What documents are available for review and comment?

The following documents are available for review and comment:

• Proposed rule language.

• Determination of Nonsignificance (DNS) and Environmental Checklist under the State 

Environmental Policy Act. 

• Proposed State Implementation Plan (SIP) revision.

Public hearings

Ecology will hold two consecutive hearings to accept comments. 

• Hearing 1 – Rulemaking proposal – comments on the proposed rule amendments

• Hearing 2 – Immediately following, comments on the proposed SIP revision

Webinar

Ecology is offering both presentations, Q&A sessions, and public hearings as a webinar. For more 

information about the webinar and instructions visit:

https://wadismeetings.webex.com/wadismeetings/onstage/g.php?MTID=e9dff18b4b8cebe0fe5073e0

2f22e1c11

How to submit your comments

You can submit your comments through April 12, 2016. You can give us your official comments 

in the following ways:

• Testify or submit written comments at the public hearing.

• Testify through the webinar during the public hearing.

• Email your comments to AQComments@ecy.wa.gov. 

• Mail comments to:

Department of Ecology

Air Quality Program

Elena Guilfoil

P.O. Box 47600

Olympia, WA 98504-7600

• FAX comments to 360-407-7534

Ecology’s response to your comments

All of the comments Ecology receives will become part of the official record. We will respond to 

all comments in a document called a Concise Explanatory Statement (CES). The CES is required 

by the Administrative Procedure Act (Chapter 34.05 RCW) and is published after the rule is 

adopted. You will find your name listed in the document with a reference to where, in the 

document, Ecology responded your comments.

Expected adoption date

Ecology expects to adopt this rule no earlier than April 20, 2016. 

Publication Number: 16-02-005 2 Please reuse and recycle

Air Quality Program February 2016
99

Notice of Proposed SIP Revision

State implementation Plan Revision

 

Ecology is proposing to include portions of the following rules 

in to Washington State Implementation Plan (SIP) and Benton 

Clean Air Agency (BCAA) SIP:

• General Regulations for Air Pollution Sources (Chapter 

173-400 WAC) 

• Ambient Air Quality Standards (Chapter 173-476 WAC) 

Ecology held the public comment period from February 25 to 

April 12 for Rule Proposal and SIP Revision in shaping the

proposed rule amendments and SIP revision. Ecology received 

no comments. 

During the comment period, Ecology identified additional 

amendments to portions of the General Regulations for Air 

Pollution Sources (Chapter 173-400 WAC) that needed to be 

included in this SIP revision. Thus, Ecology is inviting 

additional public comment on the amended SIP Revision for an 

additional 30 days (April 18 to May 27, 2016). 

Scope and Purpose of this SIP Revision

The purpose of this proposed SIP revision is to request EPA 

include portions of the proposed rule amendments of the 

General Regulations for Air Pollution Sources (Chapter 173-400 

WAC) and Ambient Air Quality Standards (Chapter 173-476 

WAC) into the Washington State Implementation Plan (SIP) 

and Benton Clean Air Agency (BCAA) SIP. 

Documents are available for review and comment?

The Proposed State Implementation Plan Revision is available

at

http://www.ecy.wa.gov/programs/air/rules/docs/ProposedSIP.pdf.

The proposed corrections identified after the previous public 

comment period are summarized on page (ii)

 

Publication Number: 16-02-005 1 Please reuse and recycle

MORE INFORMATION

Public comment period

April 18, 2016 –

May 27, 2016

Public Hearing and 

Webinar

If requested, public hearings 

will be held on the proposed 

SIP revision.

Date

Tuesday, May 24, 2016

2:00 p.m.

Location

Department of Ecology

300 Desmond Drive

Lacey, WA 98503

Website:

http://www.ecy.wa.gov/progr

ams/air/sips/plans/infrastruc

ture.htm

Contact information:

Debebe Dererie

Air Quality Program

360-407-7558

debebe.dererie@ecy.wa.gov

Special accommodations

For special accommodations 

or documents in an alternate 

format, call 360-407-6800, 

711 (relay service) or 877-

833-6341 (TTY).

Air Quality Program April 2016
100

Public hearings

If requested, public hearing will be held on May 24, 2016 at 2:00 p.m. at the Department of 

Ecology, 300 Desmond Drive, Lacey, WA 98503. 

Requests for hearings must be received no later than 5 pm May 17, 2016. If a hearing request is 

not received, Ecology will announce a cancellation on its Public Involvement Calendar.

Webinar

If requested, Ecology offers presentations, Q&A session, and public hearing as webinar. For 

more information about the webinar and instructions visit: 

http://www.ecy.wa.gov/programs/air/sips/plans/infrastructure.htm

How to submit your comments

You can submit your comments through May 27, 2016. You can give us your official 

comments in the following ways:

• Testify or submit written comments at the public hearing.

• Testify through the webinar during the public hearing.

• Email your comments to AQComments@ecy.wa.gov. 

• Mail comments to:

Debebe Dererie

Department of Ecology

Air Quality Program

P.O. Box 47600

Olympia, WA 98504-7600

• FAX comments to 360-407-7534

Ecology’s response to your comments

All of the comments Ecology receives will become part of the official record. We will respond 

to all comments in a document called a Concise Explanatory Statement (CES). The CES is 

required by the Administrative Procedure Act (Chapter 34.05 RCW) and is published after the 

rule is adopted. You will find your name listed in the document with a reference to where, in 

the document, Ecology responded your comments.

Expected adoption date

Ecology expects to adopt this rule no earlier than June 9, 2016. 

Publication Number: 16-02-005 2 Please reuse and recycle

Air Quality Program April 2016
101

Appendix F.3. Public Involvement Calendar

 A-Z Index | Contact Us

Home | WATER | AIR |WASTE | CLEANUP | TOXIC HAZARDS |GREEN | About Us |Jobs 

Programs Services Publications & Forms Databases Laws & Rules Public Involvement Calendar Public Records 

CALENDAR

Public Hearings, 

Meetings, Workshops, 

Open Houses

Public Comment Periods

More Ecology Events

Public Involvement Calendar

The Public Involvement Calendar is designed to engage the public in 

our decision-making process. We encourage you to read 

Frequently Asked Questions about Effective Public Commenting. 

Activities that are educational only or are co-sponsored by Ecology 

may be found under the "More Ecology Events" link in the left 

column of this page. We invite your feedback about this Public 

Involvement Calendar.

Public Hearings, Meetings, Workshops, 

Open Houses 

(Next 21 days. Use the search feature (right) for events 

beyond 21 days.)

Jun 7 2016 6:00PM Public Meeting - Port Townsend

------------------------- Port Townsend Paper Corporation PSD 

permit No. PSD-96-01A, Notice of Construction Order No. DE96-AQ-I030, and SEPA DNS

The Dept. of Ecology invites you to attend public meeting, followed 

by a hearing to accept recorded oral comments, on the proposed air 

quality documents related to Port Townsend Paper's Package Boiler 

Condensed Nature Gas Project. For more information and to review 

documents, visit the Port Townsend Public Library, Ecology's Lacey 

office, and our webpage at the following link. 

More Information: More Information

Location: Ft. Worden 

Commons A 

200 Battery Way 

Port Townsend , WA 

Sponsor: Ecology 

This search feature accesses o 

making events.

Search

Select date range:

Today & Next 21 Days

Select city....

All Cities

....or county:

All Counties

Select event type:

All Types

Select keyword:

All Keyw ords

401

Air

Aquifer

Enter Search Text:

Search
102

ECY HQ 

Contact: Angela Fritz 

(360) 407-7393 / angela.fritz@ecy.wa.gov 

Public Comment Period - May 4 2016 - Jun 10 2016

Apr 5 2016 2:00PM Public Hearing/Webinar - Lacey

------------------------- Air Quality Program Proposed 

Rulemaking and State Implementation Plan Revision

Ecology proposes to revise Chapters 173-400, -423, and -476 WAC. 

Ecology also proposes to submit some revisions into Ecology's 

chapter of the state implementation plan (SIP) and Benton Clean Air 

Agency's chapter of the SIP. The SIP is a statewide plan to meet air 

quality standards. The SIP public hearing will immediately follow the 

rule public hearing. 

More Information: More Information

Location: Dept of Ecology HQ/Southwest Regional Office 

300 Desmond Drive SE 

Lacey , WA 

Sponsor: Ecology 

ECY HQ 

Contact: Elena Guilfoil 

(360) 407-6855 / egui461@ecy.wa.gov 

Public Comment Period - Feb 25 2016 - Apr 12 2016

Apr 7 2016 9:30AM Public Hearing - Spokane

------------------------- HEARING CANCELLED: Update to Air 

Quality Maintenance Plan for Spokane Area

Ecology proposes to submit to EPA an updated air quality plan for 

Spokane County. The plan, which will be included in the state's air 

quality plan, ensures the area will maintain the carbon monoxide 

standard through 2025. If the public requests a hearing by March 31, 

two public hearings will be held in Spokane. If not requested by 

March 31, the hearings will be cancelled and a cancellation notice will 

be posted on Ecology's Public Involvement Calendar. There are no 

new rules or requirements proposed. 

More Information: More Information

Location: Spokane Regional Clean Air Agency 

Conference Room 

3104 Augusta Avenue 

Spokane , WA 

Sponsor: Ecology 

ECY HQ 
103

Contact: Laurie Hulse-Moyer 

(360) 407-6783 / laurie.hulse-moyer@ecy.wa.gov 

Public Comment Period - Mar 1 2016 - Apr 11 2016

Public Hearing - Apr 7 2016 6:00PM

Apr 7 2016 6:00PM Public Hearing - Spokane

------------------------- HEARING CANCELLED: Update to Air 

Quality Maintenance Plan for Spokane Area

Ecology proposes to submit to EPA an updated air quality plan for 

Spokane County. The plan, which will be included in the state's air 

quality plan, ensures the area will maintain the carbon monoxide 

standard through 2025. If the public requests a hearing by March 31, 

two public hearings will be held in Spokane. If not requested by 

March 31, the hearings will be cancelled and a cancellation notice will 

be posted on Ecology's Public Involvement Calendar. There are no 

new rules or requirements proposed. 

More Information: More Information

Location: Spokane Regional Clean Air Agency 

Conference Room 

3104 Augusta Avenue 

Spokane , WA 

Sponsor: Ecology 

ECY HQ 

Contact: Laurie Hulse-Moyer 

(360) 407-6783 / laurie.hulse-moyer@ecy.wa.gov 

Public Hearing - Apr 7 2016 9:30AM

Public Comment Period - Mar 1 2016 - Apr 11 2016

May 24 2016 2:00PM Public Hearing - Lacey

------------------------- HEARING CANCELLED: Proposed 

Inclusion of Revisions to Chapters 173-400 and 173-476 WAC 

in the SIP 

Hearing will only be held if requested by May 17, 2016. Cancellation 

of hearing will be posted on Ecology's Public Involvement Calendar. 

Ecology proposes portions of recent revisions to Chapters 173-400 

and 173-476 WAC be included in the Washington SIP. Ecology also 

proposes portions of the recent revision in Chapter 173-400 be 

included in Benton Clean Air Agency's SIP. 

More Information: More Information

Location: Dept of Ecology HQ/Southwest Regional Office 

300 Desmond Drive SE 

Lacey , WA 
104

Sponsor: Ecology 

ECY HQ 

Contact: Debebe Dererie 

(360) 407-7558 / derd461@ecy.wa.gov 

Public Comment Period - Apr 18 2016 - May 27 2016

Apr 01 2016 Public Comment Period - Othello

Apr 15 2016 Jacklin Seed - Opportunity to Request a Public 

Comment Period for a Notice of Construction Application

JR Simplot - Jacklin Seed requests approval to make changes to 

equipment listed in their existing air permit. There will be no 

increase in air emissions as a result of these changes. A public 

comment period on a draft permit will be held only if Ecology 

receives a written request by April 15, 2016. 

More Information: More Information 

Location: Othello , WA 

Sponsor: Ecology 

ECY ERO 

Contact: Jenny Filipy 

(509) 329-3407 / jfil461@ecy.wa.gov 

Apr 07 2016 Public Comment Period - Goldendale

Apr 22 2016 Puget Sound Energy's Goldendale Generating 

Station - Opportunity to Request a Public Comment Period

PSE submitted an air quality permit application for its Goldendale 

Generating Station facility at 600 Industrial Way. The application is 

to revise its existing Notice of Construction Order 01AQCR-2037 

Fourth Revision to install an up-rate package to its GE 7FA 

combustion turbine, to increase power output by approximately 10 

percent. A public comment period on a draft permit will be held only 

if Ecology receives a written (including e-mail) request by April 22, 

2016. 

More Information: More Information 

Location: Goldendale , WA 

Sponsor: Ecology 

ECY CRO 

Contact: Ryan Vicente 

(509) 454-7899 / rvic461@ecy.wa.gov 
105

Apr 18 2016 Public Comment Period - Lacey

May 27 2016 HEARING CANCELLED: Proposed Inclusion of 

Revisions to Chapters 173-400 and 173-476 WAC in the SIP 

Hearing will only be held if requested by May 17, 2016. Cancellation 

of hearing will be posted on Ecology's Public Involvement Calendar. 

Ecology proposes portions of recent revisions to Chapters 173-400 

and 173-476 WAC be included in the Washington SIP. Ecology also 

proposes portions of the recent revision in Chapter 173-400 be 

included in Benton Clean Air Agency's SIP. 

More Information: More Information

Location: Lacey , WA 

Sponsor: Ecology 

ECY HQ 

Contact: Debebe Dererie 

(360) 407-7558 / derd461@ecy.wa.gov 

Public Hearing - May 24 2016 2:00PM

May 04 2016 Public Comment Period - Port Townsend

Jun 10 2016 Port Townsend Paper Corporation PSD permit 

No. PSD-96-01A, Notice of Construction Order No. DE-96-AQI030, and SEPA DNS

The Dept. of Ecology invites you to attend public meeting, followed 

by a hearing to accept recorded oral comments, on the proposed air 

quality documents related to Port Townsend Paper's Package Boiler 

Condensed Nature Gas Project. For more information and to review 

documents, visit the Port Townsend Public Library, Ecology's Lacey 

office, and our webpage at the following link. 

More Information: More Information

Location:

Port Townsend , WA 

Sponsor: Ecology 

ECY HQ 

Contact: Angela Fritz 

(360) 407-7393 / angela.fritz@ecy.wa.gov 

Public Meeting - Jun 7 2016 6:00PM

May 19 2016 Public Comment Period - Wallula

Jun 17 2016 Simplot Western Stockmen's - Air Quality 

Permit Changes

Simplot Western Stockmen's (SWS) proposes to increase production 

throughput at their corn mill facility. The change would allow SWS to 
106

increase production from 327 tons per day to 1,100 tons per day. 

This production increase will also increase the truck traffic to and 

from the SWS site. Additionally, the facility is located within the 

Wallula Nonattainment Area Maintenance Plan. 

More Information: More Information

Location: Wallula , WA 

Sponsor: Ecology 

ECY ERO 

Contact: Kari Johnson 

(509) 329-3502 / kajo461@ecy.wa.gov 

First

1

Last

• Copyright © Washington State Department of Ecology

Contact Us | Privacy Notice | Site Info
107

Appendix F.4. Hearing Summary Memo

DEPARMENT OF ECOLOGY

HEARING SUMMARY

M E M O R A N D U M

April 5, 2016

TO: Maia Bellon

Director

FROM: Melanie Forster

Hearings Officer

SUBJECT: Rulemaking Public Hearing Summary 

WAC titles: 173-400, 173-423, 173-476

Topic: Proposed amendments to Chapter 173-400 WAC – General Regulations for Air Pollution 

Sources, Chapter 173-423 WAC—Low Emission Vehicles, and Chapter 173-476 WAC—Ambient 

Air Quality Standards. A hearing to include these proposed amendments in the Washington 

State Implementation Plan (SIP) immediately followed this hearing. 

Program name: Air Quality

Name(s) of Ecology employee(s) at hearing: Debebe Dererie, Camille St. Onge, Elena Guilfoil, 

Brett Rude, Jason Alberich, Laurie Hulse-Moyer, Jocelyn Jones, Lisa Kean

Hearing location(s): Ecology Auditorium ROA-32 and via webinar

Total number of people at hearing(s):2 on webinar, including one classroom. No one attended in 

person.

Total number of testimonies: 0

Summary of Comments:

Two people participated via webinar. One participant was the professor of a graduate seminar class at 

University of Washington’s Evans School of Public Policy and Governance whose classroom joined the 

hearing via webinar to learn about state rulemaking process. The students asked several questions about 

the rulemaking during the question and answer period. No one wished to provide formal testimony.

cc: Polly Zehm

Stu Clark

Bari Schreiner

Elena Guilfoil
108

Appendix G. SIP Adoption Order