# State Implementation Plan (SIP) Revision

Ammendments to C hapters 173

- 400 and 173

- 476 W ashington Administrative Code

Rule SIP Revision

June 2016

Publication no

. 16

- 02

- 012i 

## Publication and Contact Information
This report is available on the Department of Ecology’s website at https://fortress.wa.gov/ecy/publications/SummaryPages/160201 2 .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

- 6 8 00

. 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 C hapters 173

- 400 and 173

- 476 Washington Administrative Code

Rule SIP Revision

Air Quality P rogram Washington State Department of Ecology Olympia, Washingtoniii ~ This page is intentionally left blank. ~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 SIP 3 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 Ap pendix F.4. Hearing Summary Memo

................................ .......................... 107 Appendix G. SIP Adoption Order

................................ ................................ .............. 108v 

# 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 (SIP s ) 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 Pur pose 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 W ashington Administrative Code (W AC)

. Ecology amended this rule to comply w ith 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 t he 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 EP A 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. Th e Washington SIP currently includes p revious 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 th e public hearing s 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 t he 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 t he public hearing for the first period on April 5, 201 5

. N o 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 b y 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 an d/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 Regul ation 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 f uture 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 upda ted 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 re quirements 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 rel evant 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 Wash ington 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 Washin gton 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 continuous ly improve customer values while mini mizing 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 p ublic 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 C lean 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 hel d 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 req uested) 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:

• Appr ove 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 include s 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 pa ragraph.

• 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 W AC 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 s ludge i ncinerator con structed 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 modi fied 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) th at 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

- 2 60 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 signi ficant 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 Emi ssion 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 I nclusion 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 except ions 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) F ugitive emissions.

o WAC 173

- 400

- 040(9)(a) Fugitive dust.

o WAC 173

- 400

- 040(9)(b) Fugitive dust.

• WAC 173

- 400

- 050, E mission 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 mun icipal 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 Octob er 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 abov e 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 1 73

- 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 Co mment 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. Publi c Involvement Calendar

• Appendix F.4. Hearing Summary Memo8 

## 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 t his SIP Submittal

What is different

since the last SIP approval?This provision isalready in the SIP.No revisions.Notbeing submitted inthe SIP

Section Section TitleReviseRemoveNewUnchanged

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
, e xcept for: Unchanged, already in SIP x (9 1) 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 B enton C lean A ir A gency ’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 x9 Sections of Chapter 173

- 400 WAC Status of the Rule Section in the SIP In this SIP Submittal Not in t his SIP Submittal

What is different

since the last SIP approval?This provision isalready in the SIP.No revisions.Notbeing submitted inthe SIP

Section Section TitleReviseRemoveNewUnchanged

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 x10 Sections of Chapter 173

- 400 WAC Status of the Rule Section in the SIP In this SIP Submittal Not in t his SIP Submittal

What is different

since the last SIP approval?This provision isalready in the SIP.No revisions.Notbeing submitted inthe SIP

Section Section TitleReviseRemoveNewUnchanged

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 t his SIP Submittal

What is different

since the last SIP approval?This provision isalready in the SIP.No revisions.Notbeing submitted inthe SIP

Section Section TitleReviseRemoveNewUnchanged

(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 x12 Sections of Chapter 173

- 400 WAC Status of the Rule Section in the SIP In this SIP Submittal Not in t his SIP Submittal

What is different

since the last SIP approval?This provision isalready in the SIP.No revisions.Notbeing submitted inthe SIP

Section Section TitleReviseRemoveNewUnchanged

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 x13 Sections of Chapter 173

- 400 WAC Status of the Rule Section in the SIP In this SIP Submittal Not in t his SIP Submittal

What is different

since the last SIP approval?This provision isalready in the SIP.No revisions.Notbeing submitted inthe SIP

Section Section TitleReviseRemoveNewUnchanged

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 Ch apter 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 x14 Sections of Chapter 173

- 400 WAC Status of the Rule Section in the SIP In this SIP Submittal Not in t his SIP Submittal

What is different

since the last SIP approval?This provision isalready in the SIP.No revisions.Notbeing submitted inthe SIP

Section Section TitleReviseRemoveNewUnchanged

710 Definitions. Revised, in this SIP
, not in BCAA SIP x

720 Prevention of significant deterioration (PSD). See specific subsections: N ot 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 r evised , 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 x15 Sections of Chapter 173

- 400 WAC Status of the Rule Section in the SIP In this SIP Submittal Not in t his SIP Submittal

What is different

since the last SIP approval?This provision isalready in the SIP.No revisions.Notbeing submitted inthe SIP

Section Section TitleReviseRemoveNewUnchanged

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 x16 

## Appendix B. Strikeout Rule Language in Chapter 173

- 400 WAC pr o posed 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 referenc e 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 o rder 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 dist ance 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 a ny 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 ti mes 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) Exempti ons 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 m ethod 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 t he 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 th e 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

tr aining 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 comp lying 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 stat us 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 co ntaminants 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

perso n, 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 perce nt 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 case s, the permitting authority may require specific ambient air monitoring stations be established, operated, and maintained by the19 owner or operator at mutually approved locations. All sampling results will be made available upon request and a monthly summar y 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 an20 alternate oxygen correction factor is more representative of normal operations such as the correction factor included in an applicable
NSPS or N ESHAP, 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 con ditions (0.1 grain/dscf) of exhaust gas. (( EPA )) T est 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 Comp liance 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 s eparate 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 t angential 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
fo r 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 requirement s 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

e stablishes 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

pra ctice 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 orchard

heating device that causes a visible emission exceeding twen ty22 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 materia l 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 recor ds on the type and quantity of emissions from the source and other information deemed necessary to determine23 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 estim ate.
(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

sp ecific 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 t o 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 spec ified.
(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 cap acity 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 emissi on 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 faciliti es where conversion to sulfuric acid is utilized primarily as a means of preventing25 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 equipme nt. 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 sourc es 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, alternati ve 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 refe rence 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 op erating 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) performan ce 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 impo sed 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 a ssurance 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) Moni toring 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 o f 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 qua lity 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 thi s 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 da ta 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
wh ich 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 num ber 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 collectio n 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 au dits 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 70.9 4 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

- 40 0

- 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 author ity 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 p rocessing 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 ope ration 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 p roject 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 applic ation 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 op erating 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 integr ated 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 b e 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 copi es 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 hea rings 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 a pplication 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 comme nced 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 d ate.
(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 fin ds 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 abili ty 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 orde r 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 pu blic 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 se ction 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 resultin g 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 con sumption. 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 activiti es 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 admini strator )) 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 are a 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 t his 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 opportunit**  **y 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 n ot 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) Po rtable 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 si te 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) Req uests 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 acti on that receives such a request. Any application or35 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 whi ch 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 increas e 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 is sued 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; or36 (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 th ere 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 pro posal. 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 i n 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 an y 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 discl osure 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 permi tting 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 permi t 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 dra ft38 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 conside red.

(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 i n 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 p ublic 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 wil l 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 acti on 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 wit h 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 m embers 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) m ust 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 the40 requirements of this section apply is authorized t o 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.** E cology 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 re quired; 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 4 0 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

s ubsection:

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 requiremen ts 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) relat ed 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 d esignated 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 sou rce (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 e lects 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; and43 (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 explanat ion 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 const ruction. 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 d etermination 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 u nit 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
p ursuant 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 stat ionary 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 fro m 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 n ot 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 an niversary 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 stationar y 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 PA L 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 m eet 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 requir ements, including periods where no monitoring is available. A report submitted pursuant46 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)

s hall 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 all47 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 dete rmination 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) I ssuance 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 compl ete 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, thir ty 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 prelimin ary 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 descri ption 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 rel ated values in federal Class I areas and other Class I areas affected by the project; and49 (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

m onths 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

cons truction 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 a n 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 co nstruction 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 t ime 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 requir ements 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.

**WA C 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

progra m 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 revisio n 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 requiremen t 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 p roposed 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 de fined 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) Sen d 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 no tice, 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) Individu als 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 pu blic 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 don e 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 i nterested governmental entity, any group, or any person may request a public hearing within the thirty

day public comment period. A request must indicate the interest of the entity filing it and why a hearing is warranted. Whether a request for a hearing i s 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 c omplete 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) In dividuals 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 th e 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 a dopted 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 po llutant 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. Ins tead, "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 u pon 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 p eriod.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 emissio ns 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 exist ing 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 fi ve

- 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 operatio n. (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 downw ard to exclude any noncompliant emissions that occurred while the source was operating above any emission limitation that was legally enforceable during the consecutive twenty

- four

- month period.
(iii) For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive twenty

- four

- month period must be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive twenty

four

- month period can be used for each regulated NSR pollu tant.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

- m onth 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 authorit y 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 avera ge 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 a n 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 a ny 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 tha t 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 emissi on 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 emissions58 need only be adjusted if the state has taken credit for such emissions r eductions 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 co nsecutive twenty

- four

- month period must be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive twenty

four

- month period can be used for each regulated NSR pollutant.
(v) The average rate shall not be based on any consecutive twenty

- four

- month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required under (b)(ii) and (iii) of this subsection.
(c) For a new emissions unit, the baseline actual emissions for purposes of determining the emissions increase that will result from the initial construction and operation of such unit shall equal zero; and thereafter, for all other purposes, shall equal the unit's potential to emit. In the latter case, fugitive emissions, to the extent quantifiable, shall be included only if the emissions unit is part of one of the source categories listed in subsection (14)(e) of this section, the definition of major stationary source, or if th e 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 unit s 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 sa me industrial grouping, are located on one or more contiguous or adjacent59 properties, and are under the control of the same person (or persons under common control) except the activities of any vessel. Pollutant

emitting activities shall be considered as p art 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 st ock 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 significan t 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 demonstratio n project means a project using funds appropriated under the heading "Department of Energy

Clean Coal Technology," up to a total amount of two and one

- half billion dollars for commercial demonstration of clean coal technology, or similar projects funded th rough 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

met hod 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 equipmen t necessary to meet the data acquisition and availability60 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, O 2 or CO 2 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

ca pacity 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 steam

electric 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 only61 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 subse ction (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 fug itive 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 station ary 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 definiti on 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 in62 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, f ugitive 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 emission s 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 th at 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, t he 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 on ly 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 emissions63 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 strin gent 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 wi thin 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 statio nary 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, sectio ns 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 com pounds 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 unde r 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 subsect ion 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 nitro gen 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 u nder 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 un der (a) and (b) of this subsection as a major65 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

so urces:
(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 in cinerators 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 ))
Fede ral 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 consi dered 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 capa ble 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 t he 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. 5 1.166;
(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 fo r the state in which the project is located; and68 (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 particul ar 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 purp ose 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 t he 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
resul ts 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 th e 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 sect ion 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 stat ionary 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 phy sical 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 subsect ion (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 partic ular 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 pertai ns 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 major70 stationary source, or it occ urs 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 o nly 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, excee ds 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 be comes 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 polluta nts 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
th e 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, O 2 or CO 2 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 administrat or )) 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 years72 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) S hall 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 ex tent 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
def inition of major stationary source or if the emissions unit is73 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) Reg ulated 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 p articulate 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 reconst ructed 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 replaceme nt 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 ba sic 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

pa rameter(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 will75 issue a new permit or modify an existing permit that is legally enforceable that records such basic design parameter(s) and requires

t he 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
th e 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 t he 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 stati onary 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 credit able 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 in crease 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 carbon77 monoxide that woul d 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
dete rmined 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 emissi ons 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 sign ificant 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 install ation 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
i mplementation 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 aut hority, 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 techni ques, 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
allo wed 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 emis sions 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 emissi ons 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 n ew 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 co mply 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 c osts 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 N ew S ource P erformance S tandards, National Emission Standards for Hazardous Air Pollutants, National Emission Standards for Hazardous Air Pollutants for S ource C ategories, 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 contaminant s 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 propose d 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 a rea. 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 sta tionary 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 appl icable 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 major80 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 maj or 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 NO X waiver applying the standards set forth under section 182(f) of the Federal Clean Air Act and the waiver continues to apply.
(j) The requirements of this section applicable to major stationary sources and major modifications of PM

- 10 and PM

- 2.5 shall also apply to major stationary sources and major modifications of PM

10 and PM

- 2.5 precursors, except where (( the administrator of the ))

E PA 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

pro visions 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. Part81 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 m odified 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 emi ssions 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 th at 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 nona ttainment 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 section s 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 nonatt ainment 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 of82 total actu al 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, t he 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 off set 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 t he 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

at tainment 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 ca tegory.
(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 belo w 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 de termined 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 p ermitting 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 uni t 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 f or 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

atta inment 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 reducti ons 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 desi gnated 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 highe r 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 , s ubpart 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 Fe deral Clean Air Act shall be determined by summing the difference between the allowable emissions85 after the modification and the actual emissions before the modification for each emissions unit.
(9) No emissions credit may be allowed for replacing one hydr ocarbon 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 Sec tion 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 a uthority" 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

mus t 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, Appen dix (( 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 μ g/m 3 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 μ g/m 3 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 μ g/m 3 98th percentile, averaged over 3 years

Lead Rolling 3

- month average 0.15 μ g/m 3 Not to be exceeded 40 C.F.R. Part 50, Appendix G 40 C.F.R. Part 50, Appendix R87 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 progra m 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 1 73

- 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 SIP89 

## 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 Desmond Drive SE Lacey
, WA 98503 Dear

Ms. Bellon

In order to maintain EPA's approval of the state's Air Operati ng Permit and Prevention of Significant Deterioration programs, Ecology is proposing to update the General Air Quality Regulation, Chapter 1 73

- 400 Wash i ngton Administrative Code (WAC) (February 25, 20 1 6). Portions of the proposed prov i s i ons in Chapter 1 73

- 400 WAC are be i ng proposed to EPA for inclus i on i n the Wash i ngton State Implementation Plan (SIP). The SIP revision is focused on adopting recent federal regulations and several good housekeepi ng actions to facilitate future adoption of federal regulations.

Benton Clean Air Agency (BCAA) requests that Ecology adopt the same SIP revi si on as BCAA's SIP to be part of Washington SIP and submit it to 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
, 

## AGENCY90 Robin Priddy Executive Director

Attachment A: State I mplementation P l an Revis i on; Proposed rule language Appendix A: Overview Table: Table 1

. General overview of the status of sections i n Chapter 1 73

- 400 WAC and S I P submittal.

• 526 South Clo df elter Rood • Kennewick, Washington 99336 • Fax Number 509

- 783

- 6562 **Phone: 509.783.1304**  • **Website: www.bentoncleanair.org** 91 

## Appendix F . Public Involvement92 

### Appendix F .1. Affidavits of Publications

Affidavit of P ublication in T he Daily Journal of Commerce: First Comment Period9394 Affidavit of Publication in The Daily Journal of Commerce: Second Comment Period9596 Affidavit of Publication in T he Tri

- City Herald : Benton Clean Air Agency97 

## Rule Proposal and SIP Revision Notice

A ppendix F .2

. Notice s of Propos ed SIP Revision

A mending 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

- 4 76 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 fo r 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 fe deral 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 req uests 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
e lena .guilfoil@ecy.wa.gov Special accommodations For special accommodations or documents in an alternate format, call 360

- 407

- 6800
, 711 (r elay s ervice ) or 877

- 833

- 6341 (TTY)

. Air Quality Program February 201698 

### 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.


### P ublic hearing s 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://wadism eetings.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 com ments. 

### 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 201699 

## 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 am endments 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 revi sion . 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 Bent on Clean Air Agency (BCAA) SIP.



### D ocuments are available for review and comment?
The Proposed State Implementation Plan R evision is available at http://www.ecy.wa.gov/programs/ai r/rules/docs/ProposedSIP.pdf

. The proposed corrections identified after the previous public comment perio d 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 (r elay s ervice ) or 877

- 833

- 6341 (TTY)

. Air Quality Program April 2016100 

### P ublic hearing s 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 you r 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 re ceives 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 ado pted. 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 2016101 

### 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 Hearing s , Meetings, Workshops, Open Houses

Public Comment Period s

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 E vents" link in the left column of this page. We invite your feedback about this Public
Involvement Calendar.



### Public He arings, 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. DE

96

- 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 Pape r'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.

S earch

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:

S earch102 ECY HQ
Contact: Angela Fritz (360) 407

- 7393 / angela.fritz@ecy.wa.gov
Public Comment Perio d

- 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 m eet air quality standards. The SIP public hearing will immediately follow the rule public hearing.
More Information: More Information
Location: Dept of Ecology HQ/S outhwest 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 b y 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 HQ103 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: Upda te 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

stan dard 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. Th ere 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 Pub lic 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 , WA104 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 Per iod

- 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

Loca tion: Goldendale , WA Sponsor: Ecology
ECY CRO
Contact: Ryan Vicente (509) 454

- 7899 / rvic461@ecy.wa.gov105 Apr 18 2016 Public Comment Period

- Lacey May 27 2016 HEARING CANCELLED: Proposed Inclusion of Revisions to Chapters 173

- 400 and 173

- 4 76 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 Inf ormation

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

- 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 re lated 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 allo w SWS to106 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

Fir s t 1 La s t

• Copyright © Washington State Department of Ecology

Contact Us | Privacy Notice | Site Info107 

### 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

— Ambien t 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 per son. 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 th e 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 Guilfoil108 

## Appendix G. SIP Adoption Order