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TABLE 10 – ADDITIONAL REGULATIONS APPROVED FOR THE YAKIMA 

REGIONAL CLEAN AIR AGENCY (YRCAA) JURISDICTION 

(Applicable in Yakima County, excluding facilities subject to Energy Facilities Site Evaluation 

Council (EFSEC) jurisdiction and facilities subject to the applicability sections of WAC 

173-405-012, WAC 173-410-012, and WAC 173-415-012).

Washington Department of Ecology Regulations 

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

173-400-010 Policy and Purpose. 

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

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

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

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

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

emission of air contaminants. 

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

173-400-020 Applicability.

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

(2) An authority may enforce this chapter and may also adopt standards or requirements. These 

standards or requirements may not be less stringent than the current state air quality rules and may 

be more stringent than the current regulations. Unless properly delegated by ecology, authorities 

do not have jurisdiction over the following sources: 

(a) Specific source categories over which the state, by separate regulation, has assumed or 

hereafter does assume jurisdiction. 

(b) Automobiles, trucks, aircraft. 

(c) Those sources under the jurisdiction of the energy facility site evaluation council. 

State effective: 3/22/91; EPA effective: 6/2/95 
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173-400-030 Definitions.

Except as provided elsewhere in this chapter, the following definitions apply throughout the 

chapter: 

(1) "Actual emissions" means the actual rate of emissions of a pollutant from an emission unit, as 

determined in accordance with (a) through (c) of this subsection. 

(a) In general, actual emissions as of a particular date shall equal the average rate, in tons 

per year, at which the emissions unit actually emitted the pollutant during a two-year 

period which precedes the particular date and which is representative of normal source 

operation. Ecology or an authority shall allow the use of a different time period upon a 

determination that it is more representative of normal source operation. Actual emissions 

shall be calculated using the emissions unit's actual operating hours, production rates, and 

types of materials processed, stored, or combusted during the selected time period. 

(b) Ecology or an authority may presume that source-specific allowable emissions for the 

unit are equivalent to the actual emissions of the emissions unit. 

(c) For any emissions unit which has not begun normal operations on the particular date, 

actual emissions shall equal the potential to emit of the emissions unit on that date. 

(2) "Adverse impact on visibility" means visibility impairment which interferes with the 

management, protection, preservation, or enjoyment of the visitor's visual experience of the 

Federal Class I area. This determination must be made on a case-by-case basis taking into 

account the geographic extent, intensity, duration, frequency, and time of visibility impairment, 

and how these factors correlate with (a) times of visitor use of the Federal Class I area, and (b) the

frequency and timing of natural conditions that reduce visibility. This term does not include 

effects on integral vistas. 

(3) "Air contaminant" means dust, fumes, mist, smoke, other particulate matter, vapor, gas, 

odorous substance, or any combination thereof. "Air pollutant" means the same as "air 

contaminant." 

(4) "Air pollution" means the presence in the outdoor atmosphere of one or more air 

contaminants in sufficient quantities, and of such characteristics and duration as is, or is likely to

be, injurious to human health, plant or animal life, or property, or which unreasonably interferes 

with enjoyment of life and property. For the purposes of this chapter, air pollution shall not 

include air contaminants emitted in compliance with chapter 17.21 RCW, the Washington 

Pesticide Application Act, which regulates the application and control of the use of various 

pesticides. 

(5) "Allowable emissions" means the emission rate of a stationary source calculated using the 
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maximum rated capacity of the stationary source (unless the stationary source is subject to 

federally enforceable limits which restrict the operating rate, or hours of operation, or both) and the 

most stringent of the following: 

(a) The applicable standards as set forth in 40 CFR Part 60 or 61; 

(b) Any applicable state implementation plan emissions limitation including those with a 

future compliance date; or 

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

those with a future compliance date. 

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

(7) "Ambient air quality standard" means an established concentration, exposure time, and 

frequency of occurrence of air contaminant(s) in the ambient air which shall not be exceeded. 

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

coextensive with the boundaries of one or more counties. 

(9) "Best available control technology (BACT)" means an emission limitation based on the 

maximum degree of reduction for each air pollutant subject to regulation under chapter 70.94 

RCW emitted from or which results from any new or modified stationary source, which the 

permitting authority, on a case-by-case basis, taking into account energy, environmental, and 

economic impacts and other costs, determines is achievable for such source or modification 

through application of production processes and available methods, systems, and techniques, 

including fuel cleaning, clean fuels, or treatment or innovative fuel combustion techniques for 

control of each such pollutant. In no event shall application of the "best available control 

technology" result in emissions of any pollutants which will exceed the emissions allowed by any 

applicable standard under 40 CFR Part 60 and Part 61, as they exist on May 7, 1993, or their later 

enactments as adopted by reference by the director by rule. Emissions from any source utilizing 

clean fuels, or any other means, to comply with this paragraph shall not be allowed to increase 

above levels that would have been required under the definition of BACT in the Federal Clean Air 

Act as it existed prior to enactment of the Clean Air Act Amendments of 1990. 

(10) "Best available retrofit technology (BART)" means an emission limitation based on the 

degree of reduction achievable through the application of the best system of continuous emission 

reduction for each pollutant which is emitted by an existing stationary facility. The emission 

limitation must be established, on a case-by-case basis, taking into consideration the technology 

available, the costs of compliance, the energy and nonair quality environmental impacts of 

compliance, any pollution control equipment in use or in existence at the source, the remaining 

useful life of the source, and the degree of improvement in visibility which may reasonably be 

anticipated to result from the use of such technology. 
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(11) "Bubble" means a set of emission limits which allows an increase in emissions from a given 

emissions unit(s) in exchange for a decrease in emissions from another emissions unit(s), pursuant 

to RCW 70.94.155 and WAC 173-400-120. 

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

period of time considered, to the manufacturer's capacity rating of the machine or equipment. 

(13) "Class I area" means any area designated pursuant to §§ 162 or 164 of the Federal Clean Air 

Act as a Class I area. The following areas are the Class I areas in Washington state: 

Alpine Lakes Wilderness; 

Glacier Peak Wilderness; 

Goat Rocks Wilderness; 

Mount Adams Wilderness; 

Mount Rainier National Park; 

North Cascades National Park; 

Olympic National Park; 

Pasayten Wilderness; 

Spokane Indian Reservation. 

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

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

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

preconstruction approvals or permits and either has: 

(a) Begun, or caused to begin, a continuous program of actual on-site construction of the 

source, to be completed within a reasonable time; or 

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

cancelled or modified without substantial loss to the owner or operator, to undertake a 

program of actual construction of the source to be completed within a reasonable time. 

(16) "Concealment" means any action taken to reduce the observed or measured concentrations 

of a pollutant in a gaseous effluent while, in fact, not reducing the total amount of pollutant 

discharged. 

(17) "Director" means director of the Washington state department of ecology or duly authorized 

representative. 

(18) "Dispersion technique" means a method which attempts to affect the concentration of a 

pollutant in the ambient air other than by the use of pollution abatement equipment or integral 
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process pollution controls. 

(19) "Ecology" means the Washington state department of ecology. 

(20) "Emission" means a release of air contaminants into the ambient air. 

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

This is a voluntary reduction in emissions. 

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

FCAA or chapter 70.94 RCW which limits the quantity, rate, or concentration of emissions of air 

contaminants on a continuous basis, including any requirement relating to the operation or 

maintenance of a source to assure continuous emission reduction and any design, equipment work 

practice, or operational standard promulgated under the FCAA or chapter 70.94 RCW. 

(23) "Emissions unit" means any part of a stationary source or source which emits or would have 

the potential to emit any pollutant subject to regulation under the FCAA, chapter 70.94 or 70.98 

RCW. 

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

standard. 

(25) "Excess stack height" means that portion of a stack which exceeds the greater of sixty-five 

meters or the calculated stack height described in WAC 173-400-200(2). 

(26) "Existing stationary facility" means a stationary source of air pollutants which has the 

potential to emit two hundred fifty tons per year or more of any air pollutant. In determining 

potential to emit, fugitive emissions, to the extent quantifiable, must be counted. For purposes of 

determining whether a stationary source is an existing stationary facility the term "building, 

structure, facility, or installation" means all of the pollutant-emitting activities which belong to the 

same industrial grouping, are located on one or more contiguous or adjacent properties, and are 

under the control of the same person (or persons under common control). Pollutant-emitting 

activities shall be considered as part of the same major group (i.e., which have the same two digit 

code) as described in the Standard Industrial Classification Manual, 1972, as amended by the 

1977 Supplement. 

(27) "Federal Clean Air Act (FCAA)" means the Federal Clean Air Act, also known as Public 

Law 88-206, 77 Stat. 392, December 17, 1963, 42 U.S.C. 7401 et seq., as last amended by the 

Clean Air Act Amendments of 1990, P.L. 101-549, November 15, 1990. 

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

of the department with authority over such lands. 

(29) "Fossil fuel-fired steam generator" means a device, furnace, or boiler used in the process of 
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burning fossil fuel for the primary purpose of producing steam by heat transfer. 

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

activity, or both. Unpaved roads, construction sites, and tilled land are examples of areas that 

originate fugitive dust. Fugitive dust is a type of fugitive emission. 

(31) "Fugitive emissions" means emissions which do not pass and which could not reasonably 

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

(32) "General process unit" means an emissions unit using a procedure or a combination of 

procedures for the purpose of causing a change in material by either chemical or physical means, 

excluding combustion. 

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

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

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

(35) "In operation" means engaged in activity related to the primary design function of the 

source. 

(36) "Integral vista" means a view perceived from within a mandatory Class I federal area of a 

specific landmark or panorama located outside the boundary of the mandatory Class I federal area. 

(37) "Lowest achievable emission rate (LAER)" means for any source that rate of emissions 

which reflects the more stringent of: 

(a) The most stringent emission limitation which is contained in the implementation plan 

of any state for such class or category of source, unless the owner or operator of the 

proposed new or modified source demonstrates that such limitations are not achievable; or 

(b) The most stringent emission limitation which is achieved in practice by such class or 

category of source. 

In no event shall the application of this term permit a proposed new or modified source to emit any 

pollutant in excess of the amount allowable under applicable new source performance standards. 

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

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

Alpine Lakes Wilderness; 

Glacier Peak Wilderness; 

Goat Rocks Wilderness; 
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Mount Adams Wilderness; 

Mount Rainier National Park; 

North Cascades National Park; 

Olympic National Park; 

Pasayten Wilderness; 

(39) "Major modification" means any physical change in or change in the method of operation of 

a major stationary source that would result in a significant net emissions increase of any pollutant 

subject to regulation under the FCAA. Any net emissions increase that is considered significant 

for volatile organic compounds or nitrogen oxides shall be considered significant for ozone. A 

physical change or change in the method of operation shall not include: 

(a) Routine maintenance, repair, and replacement; 

(b) Use of an alternative fuel or raw material by reason of an order under Sections 2(a) 

and (b) of the Energy Supply and Environmental Supply Coordination Act of 1974 (or any 

superseding legislation) or by reason of a natural gas curtailment plan pursuant to the 

Federal Power Act; 

(c) Use of an alternative fuel by reason of an order or rule under section 125 of the FCAA, 

42 U.S.C. 7425; 

(d) Use of an alternative fuel at a steam generating unit to the extent that the fuel is 

generated from municipal solid waste; 

(e) Use of an alternative fuel or raw material by a stationary source which: 

(i) The stationary source was capable of accommodating before December 21, 

1976, unless such change would be prohibited under any federally enforceable 

permit condition which was established after December 12, 1976, in a prevention 

of significant deterioration permit or notice of construction approval; or 

(ii) The stationary source is approved to use under any federally-enforceable 

notice of construction approval or a PSD permit issued by the environmental 

protection agency; 

(f) An increase in the hours of operation or in the production rate, unless such change is 

prohibited under any federally enforceable permit condition which was established after 

December 21, 1976, in a prevention of significant deterioration permit or a notice of 

construction approval; 

(g) Any change in ownership at a stationary source. 
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(40) "Major stationary source" means: 

(a) Any stationary source which: 

(i) Emits or has the potential to emit one hundred tons per year or more of any air 

contaminant regulated by the state or Federal Clean Air Acts; or 

(ii) Is located in a "marginal" or "moderate" ozone nonattainment area and which 

emits or has the potential to emit one hundred tons per year or more of volatile 

organic compounds or oxides of nitrogen. 

(b) Any stationary source (or group of stationary sources) which: 

 (i) Is located in a "serious" carbon monoxide nonattainment area where 

stationary sources contribute significantly to carbon monoxide levels and which 

emits or has the potential to emit fifty tons per year or more of carbon monoxide; or 

(ii) Is located in a "serious" particulate matter (PM10) nonattainment area and 

which emits or has the potential to emit seventy tons per year or more of PM10

emissions. 

(c) Any physical change that would occur at a stationary source not qualifying under (a) 

or (b) of this subsection as a major stationary source, if the change would constitute a major 

stationary source by itself; 

(d) A major stationary source that is major for VOCs or NOx shall be considered major 

for ozone; 

(e) The fugitive emissions of a stationary source shall not be included in determining 

whether it is a major stationary source, unless the stationary source belongs to one of the 

following categories of stationary sources or the source is a major stationary source due to 

(b) of this subsection: 

(i) Coal cleaning plants (with thermal dryers); 

(ii) Kraft pulp mills; 

(iii) Portland cements plants; 

(iv) Primary zinc smelters; 

(v) Iron and steel mills; 

(vi) Primary aluminum ore reduction plants; 
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(vii) Primary copper smelters; 

(viii) Municipal incinerators capable of charging more than two hundred fifty tons 

of refuse per day; 

(ix) Hydrofluoric, sulfuric, or nitric acid plants; 

(x) Petroleum refineries; 

(xi) Lime plants; 

(xii) Phosphate rock processing plants; 

(xiii) Coke oven batteries; 

(xiv) Sulfur recovery plants; 

(xv) Carbon black plants (furnace process); 

(xvi) Primary lead smelters; 

(xvii) Fuel conversion plants; 

(xviii) Sintering plants; 

(xix) Secondary metal production plants; 

(xx) Chemical process plants; 

(xxi) Fossil-fuel boilers (or combination thereof) totaling more than two hundred 

fifty million British thermal units per hour heat input; 

(xxii) Petroleum storage and transfer units with a total storage capacity exceeding 

three hundred thousand barrels; 

(xxiii) Taconite ore processing plants; 

(xxiv) Glass fiber processing plants; 

(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 
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(xxvii) Any other stationary source category which, as of August 7, 1980, was 

being regulated under sections 111 or 112 of the Federal Clean Air Act. 

(f) For purposes of determining whether a stationary source is a major stationary source, the term 

"building, structure, facility, or installation" means all the pollutant-emitting activities which 

belong to the same industrial grouping, are located on one or more contiguous or adjacent 

properties, and are under the control of the same person (or persons under common control). 

Pollutant-emitting activities shall be considered as part of the same industrial grouping if they 

belong to the same major group (i.e., which have the same two digit code) as described in the 

Standard Industrial Classification Manual, 1972, as amended by the 1977 Supplement. 

(41) "Masking" means the mixing of a chemically nonreactive control agent with a malodorous 

gaseous effluent to change the perceived odor. 

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

transfer of materials with no significant chemical or physical alteration. 

(43) "Modification" means any physical change in, or change in the method of operation of, a 

stationary source that increases the amount of any air contaminant emitted by such source or that 

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

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

States Code, and with rules implementing that section. 

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

regulations set forth in 40 CFR Part 61. 

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

measured in terms of visual range, contrast, or coloration. 

(46) "Net emissions increase" means: 

(a) The amount by which the sum of the following exceeds zero: 

(i) Any increase in actual emissions from a particular change or change in method 

of operation at a source; and 

(ii) Any other increases and decreases in actual emissions at the source that are 

contemporaneous with the particular change and are otherwise creditable. 

(b) An increase or decrease in actual emissions is contemporaneous with the increase 

from the particular change only if it occurs between the date ten years before construction 

on the particular change commences and the date that the increase from the particular 

change occurs. 
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(c) An increase or decrease in actual emissions is creditable only if: 

(i) It occurred no more than one year prior to the date of submittal of a complete 

notice of construction application for the particular change, or it has been 

documented by an emission reduction credit, in which case the credit shall expire 

ten years after the date of original issue of the ERC. Any emissions increases 

occurring between the date of issuance of the ERC and the date when a particular 

change becomes operational shall be counted against the ERC. 

(ii) Ecology or the authority has not relied on it in issuing any permit or order of 

approval for the source under regulations approved pursuant to 40 CFR 51 Subpart 

I or the EPA has not relied on it in issuing a PSD permit pursuant to 40 CFR 52.21, 

which order or permit is in effect when the increase in actual emissions from the 

particular change occurs. 

(d) An increase in actual emissions is creditable only to the extent that the new level of 

actual emissions exceeds the old level. 

(e) A decrease in actual emissions is creditable only to the extent that: 

(i) The old level of actual emissions or the old level of allowable emissions, 

whichever is lower, exceeds the new level of actual emissions; 

(ii) It is federally enforceable at and after the time that actual construction on the 

particular change begins; 

(iii) It has approximately the same qualitative significance for public health and 

welfare as that attributed to the increase from the particular change; and 

(iv) Ecology or the authority has not relied on it in issuing any permit or order of 

approval under regulations approved pursuant to 40 CFR 51 Subpart I, the EPA has 

not relied on it in issuing a PSD permit pursuant to 40 CFR 52.21, or ecology or the 

authority has not relied on it in demonstrating attainment or reasonable further 

progress. 

(f) An increase that results from a physical change at a source occurs when the emission 

unit on which construction occurred becomes operational and begins to emit a particular 

pollutant. Any replacement unit that requires shakedown becomes operational only after 

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

(47) "New source" means: 

(a) The construction or modification of a stationary source that increases the amount of 
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any air contaminant emitted by such source or that results in the emission of any air 

contaminant not previously emitted; and 

(b) Any other project that constitutes a new source under the Federal Clean Air Act. 

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

CFR Part 60. 

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

by EPA promulgation as exceeding a national ambient air quality standard or standards for one or 

more of the criteria pollutants. 

(50) "Notice of construction application" means a written application to permit construction of a 

new source, modification of an existing stationary source or replacement or substantial alteration 

of control technology at an existing stationary source. 

(51) "Opacity" means the degree to which an object seen through a plume is obscured, stated as a 

percentage. 

(52) "Open burning" means the combustion of material in an open fire or in an outdoor container, 

without providing for the control of combustion or the control of the emissions from the 

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

(53) "Order" means any order issued by ecology or a local air authority pursuant to chapter 70.94 

RCW, including, but not limited to RCW 70.94.332, 70.94.152, 70.94.153, and 70.94.141(3), and 

includes, where used in the generic sense, the terms order, corrective action order, order of 

approval, and regulatory order. 

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

authority to approve the notice of construction application for a proposed new source or 

modification, or the replacement or substantial alteration of control technology at an existing 

stationary source. 

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

material with an aerodynamic diameter smaller than 100 micrometers. 

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

uncombined water, emitted to the ambient air as measured by applicable reference methods, or an 

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

Washington state implementation plan. 

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

exclusive of water or particulates. 
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(58) "Person" means an individual, firm, public or private corporation, association, partnership, 

political subdivision, municipality, or government agency. 

(59) "PM-10" means particulate matter with an aerodynamic diameter less than or equal to a 

nominal 10 micrometers as measured by a reference method based on 40 CFR Part 50 Appendix J 

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

accordance with 40 CFR Part 53. 

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

particulate matter, with an aerodynamic diameter less than or equal to a nominal 10 micrometers 

emitted to the ambient air as measured by an applicable reference method, or an equivalent or 

alternate method, specified in Appendix M of 40 CFR Part 51 or by a test method specified in the 

Washington state implementation plan. 

(61) "Potential to emit" means the maximum capacity of a stationary source to emit a pollutant 

under its physical and operational design. Any physical or operational limitation on the capacity 

of the source to emit a pollutant, including air pollution control equipment and restrictions on 

hours of operation or on the type or amount of material combusted, stored, or processed, shall be 

treated as part of its design only if the limitation or the effect it would have on emissions is 

federally enforceable. Secondary emissions do not count in determining the potential to emit of a 

stationary source. 

(62) "Prevention of significant deterioration (PSD)" means the program set forth in WAC 

173-400-141. 

(63) "Projected width" means that dimension of a structure determined from the frontal area of 

the structure, projected onto a plane perpendicular to a line between the center of the stack and the 

center of the building. 

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

the state deems appropriate. 

(65) "Reasonably available control technology (RACT)" means the lowest emission limit that a 

particular source or source category is capable of meeting by the application of control technology 

that is reasonably available considering technological and economic feasibility. RACT is 

determined on a case-by-case basis for an individual source or source category taking into account 

the impact of the source upon air quality, the availability of additional controls, the emission 

reduction to be achieved by additional controls, the impact of additional controls on air quality, 

and the capital and operating costs of the additional controls. RACT requirements for any source 

or source category shall be adopted only after notice and opportunity for comment are afforded. 

(66) "Regulatory order" means an order issued by ecology or an authority to an air contaminant 

source which applies to that source, any applicable provision of chapter 70.94 RCW, or the rules 

adopted thereunder, or, for sources regulated by a local air authority, the regulations of that 
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authority. 

(67) "Significant" means, in reference to a net emissions increase or the potential of a source to 

emit any of the following pollutants, a rate of emission equal to or greater than any one of the 

following rates: 

Pollutant Tons/Year 

Carbon monoxide 100

Nitrogen oxides 40

Sulfur dioxide 40

Particulate matter (PM) 25

Fine particulate matter (PM10) 15

Volatile organic compounds (VOC) 40

Lead 0.6

Fluorides 3

Sulfuric acid mist 7

Hydrogen sulfide (H2S) 10

Total reduced sulfur (including H2S ) 10

Municipal waste combustor organics 

(measured as total tetra-through octa-chlorinated 

dibenzo-p-dioxins and dibenzofurans) 

0.0000035

Municipal waste combustor metals 

(measured as PM) 15

Municipal waste combustor acid gases 

(measured as SO2 and hydrogen chloride) 40

(68) "Significant visibility impairment" means visibility impairment which interferes with the 

management, protection, preservation, or enjoyment of visitor visual experience of the Class I 

area. The determination must be made on a case-by-case basis, taking into account the 

geographic extent, intensity, duration, frequency, and time of the visibility impairment, and how 

these factors correlate with the time of visitor use of the Class I area and frequency and timing of 

natural conditions that reduce visibility. 

(69) "Source" means all of the emissions unit(s) including quantifiable fugitive emissions, that 

are located on one or more contiguous or adjacent properties, and are under the control of the same 

person or persons under common control, whose activities are ancillary to the production of a 

single product or functionally related groups of products. Activities shall be considered ancillary 

to the production of a single product or functionally related group of products if they belong to the 

same major group (i.e., which have the same two digit code) as described in the Standard 

Industrial Classification Manual, 1972, as amended by the 1977 Supplement. 

(70) "Source category" means all sources of the same type or classification. 
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(71) "Stack" means any point in a source designed to emit solids, liquids, or gases into the air, 

including a pipe or duct. 

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

elevation at the base of the stack. 

(73) "Standard conditions" means a temperature of 20° (68° F) and a pressure of 760 mm (29.92 

inches) of mercury. 

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

may emit any contaminant. This term does not include emissions resulting directly from an 

internal combustion engine for transportation purposes or from a nonroad engine or nonroad 

vehicle as defined in Section 216 of the FCAA. 

(75) "Sulfuric acid plant" means any facility producing sulfuric acid by the contact process by 

burning elemental sulfur, alkylation acid, hydrogen sulfide, or acid sludge. 

(76) "Total reduced sulfur (TRS)" means the sum of the sulfur compounds hydrogen sulfide, 

mercaptans, dimethyl sulfide, dimethyl disulfide, and any other organic sulfides emitted and 

measured by EPA method 16 or an approved equivalent method and expressed as hydrogen 

sulfide. 

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

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

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

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

contrast, coloration) not caused by natural conditions. 

(80) "Visibility impairment of Class I areas" means visibility impairment within the area and 

visibility impairment of any formally designated integral vista associated with the area. 

(81) "Volatile organic compound (VOC)" means: 

(a) Any compound of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, 

metallic carbides or carbonates, and ammonium carbonate, which participates in 

atmospheric photochemical reactions. This includes any organic compound other than 

the following, which have negligible photochemical reactivity: Methane; ethane; 

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

1,1,1-trichloro 2,2,2-trifluoroethane (CFC-113); trichlorofluoromethane (CFC-11); 

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

(FC-23); 1,1,2,2-tetrafluoroethane (CFC-114); chloropentafluoroethane (CFC-115); 
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1,1,1-trifluoro 2,2-dichloroethane (HCFC-123); 1,1,1,2-tetrafluoroethane (HFC-134a); 

1,1-dichloro 1-fluoroethane (HCFC-141b); 1-chloro 1,1-difluoroethane (HCFC-142b); 

2-chloro 1,1,1,2-tetrafluoroethane (HCFC-124); pentafluoroethane (HFC-125); 

1,1,2,2-tetrafluoroethane (HFC-134); 1,1,1-trifluoroethane (HFC-143a); 

1,1-difluoroethane (HFC-152a); and perfluorocarbon compounds which fall into these 

classes: 

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

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

unsaturations; and 

(iii) Sulfur containing perfluorocarbons with no unsaturations and with sulfur 

bonds only to carbon and fluorine. 

(b) For the purpose of determining compliance with emission limits, VOC will be 

measured by the appropriate methods in 40 CFR Part 60 Appendix A. Where such a 

method also measures compounds with negligible photochemical reactivity, these 

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

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

(c) As a precondition to excluding these negligibly-reactive compounds as VOC or at any 

time thereafter, ecology or the authority may require an owner or operator to provide 

monitoring or testing methods and results demonstrating, to the satisfaction of ecology or 

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

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

173-400-040 General Standards for Maximum Emissions.

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

Where an emission standard listed in another chapter is applicable to a specific emissions unit, 

such standard will take precedent over a general emission standard listed in this chapter. When 

two or more emissions units are connected to a common stack and the operator elects not to 

provide the means or facilities to sample emissions from the individual emissions units, and the 

relative contributions of the individual emissions units to the common discharge are not readily 

distinguishable, then the emissions of the common stack must meet the most restrictive standard of 

any of the connected emissions units. Further, all emissions units are required to use reasonably 

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

categories to be more stringent than the applicable emission limitations of any chapter of Title 173 

WAC. Where current controls are determined to be less than RACT, ecology or the authority 

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

category and issue a rule or regulatory order requiring the installation of RACT. 
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(1) Visible emissions. No person shall cause or permit the emission for more than three 

minutes, in any one hour, of an air contaminant from any emissions unit which at the emission 

point, or within a reasonable distance of the emission point, exceeds twenty percent opacity 

except: 

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

demonstrate that the emissions will not exceed twenty percent opacity for more than fifteen 

minutes in any eight consecutive hours. The intent of this provision is to permit the soot 

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

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

each day and ecology or the authority be advised of the schedule. 

(b) When the owner or operator of a source supplies valid data to show that the presence 

of uncombined water is the only reason for the opacity to exceed twenty percent. 

(c) When two or more sources are connected to a common stack, ecology or the authority 

may allow or require the use of an alternate time period if it is more representative of 

normal operations. 

(d) When an alternate opacity limit has been established per RCW 70.94.331 (2)(c). 

(2) Fallout. No person shall cause or permit the emission of particulate matter from any source 

to be deposited beyond the property under direct control of the owner(s) or operator(s) of the 

source in sufficient quantity to interfere unreasonably with the use and enjoyment of the property 

upon which the material is deposited. 

(3) Fugitive emissions. The owner or operator of any emissions unit engaging in materials 

handling, construction, demolition or any other operation which is a source of fugitive emission: 

(a) If located in an attainment area and not impacting any nonattainment area, shall take 

reasonable precautions to prevent the release of air contaminants from the operation. 

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

nonattainment status of a designated nonattainment area, shall be required to use 

reasonable and available control methods, which shall include any necessary changes in 

technology, process, or other control strategies to control emissions of the contaminants for 

which nonattainment has been designated. 

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

which may unreasonably interfere with any other property owner's use and enjoyment of his 

property must use recognized good practice and procedures to reduce these odors to a reasonable 

minimum. 
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(5) Emissions detrimental to persons or property. No person shall cause or permit the emission 

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

person, or causes damage to property or business. 

(6) Sulfur dioxide. 

No person shall cause or permit the emission of a gas containing sulfur dioxide from any emissions 

unit in excess of one thousand ppm of sulfur dioxide on a dry basis, corrected to seven percent 

oxygen for combustion sources, and based on the average of any period of sixty consecutive 

minutes, except: 

When the owner or operator of an emissions unit supplies emission data and can demonstrate to 

ecology or the authority that there is no feasible method of reducing the concentration to less than 

one thousand ppm (on a dry basis, corrected to seven percent oxygen for combustion sources) and 

that the state and federal ambient air quality standards for sulfur dioxide will not be exceeded. In 

such cases, ecology or the authority may require specific ambient air monitoring stations be 

established, operated, and maintained by the owner or operator at mutually approved locations. 

All sampling results will be made available upon request and a monthly summary will be 

submitted to ecology or the authority. 

(7) Concealment and masking. No person shall cause or permit the installation or use of any 

means which conceals or masks an emission of an air contaminant which would otherwise violate 

any provisions of this chapter. 

(8) Fugitive dust sources. 

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

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

minimize emissions. 

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

identified as a significant contributor to a PM-10 nonattainment area shall be required to 

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

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

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

173-400-050 Emission Standards for Combustion and Incineration Units.

(1) Combustion and incineration emissions units must meet all requirements of WAC 

173-400-040 and, in addition, no person shall cause or permit emissions of particulate matter in 

excess of 0.23 gram per dry cubic meter at standard conditions (0.1 grain/dscf), except, for an 

emissions unit combusting wood derived fuels for the production of steam. No person shall allow 

or permit the emission of particulate matter in excess of 0.46 gram per dry cubic meter at standard 
TABLE 10 – ADDITIONAL REGULATIONS APPROVED FOR THE YAKIMA REGIONAL 

CLEAN AIR AGENCY (YRCAA) JURISDICTION -- page -- 19

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

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

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

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

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

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

ecology, on file at ecology. Incinerators shall be operated only during daylight hours unless 

written permission to operate at other times is received from ecology or the authority. 

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

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

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

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

173-400-060 Emission Standards for General Process Units.

General process units are required to meet all applicable provisions of WAC 173-400-040 and, no 

person shall cause or permit the emission of particulate material from any general process 

operation in excess of 0.23 grams per dry cubic meter at standard conditions (0.1 grain/dscf) of 

exhaust gas. EPA test methods from 40 CFR Appendix A which are adopted by reference and 

any other approved test procedures which are contained in ecology's "Source Test 

Manual - Procedures For Compliance Testing" as of July 12, 1990, will be used to determine 

compliance. 

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

173-400-070 Emission Standards for Certain Source Categories.

Ecology finds that the reasonable regulation of sources within certain categories requires separate 

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

maximum allowable standards for emissions units within the categories listed. Except as 

specifically provided in this section, such emissions units shall not be required to meet the 

provisions of WAC 173-400-040, 173-400-050 and 173-400-060. 

(1) Wigwam burners. 

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

(6), and (7). 

(b) All wigwam burners shall use RACT. All emissions units shall be operated and 
TABLE 10 – ADDITIONAL REGULATIONS APPROVED FOR THE YAKIMA REGIONAL 

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maintained to minimize emissions. These requirements may include a controlled 

tangential vent overfire air system, an adequate underfire system, elimination of all 

unnecessary openings, a controlled feed and other modifications determined necessary by 

ecology or the authority. 

(c) It shall be unlawful to install or increase the existing use of any burner that does not 

meet all requirements for new sources including those requirements specified in WAC 

173-400-040 and 173-400-050, except operating hours. 

(d) Ecology may establish additional requirements for wigwam burners located in 

sensitive areas as defined by chapter 173-440 WAC. These requirements may include but 

shall not be limited to: 

(i) A requirement to meet all provisions of WAC 173-400-040 and 173-400-050. 

Wigwam burners will be considered to be in compliance if they meet the 

requirements contained in WAC 173-400-040(1). An exception is made for a 

startup period not to exceed thirty minutes in any eight consecutive hours. 

(ii) A requirement to apply BACT. 

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

such emissions unreasonably interfere with the use and enjoyment of the property 

of others or are a cause of violation of ambient air standards. 

(2) Hog fuel boilers. 

(a) Hog fuel boilers shall meet all provisions of WAC 173-400-040 and 173-400-050(1), 

except that emissions may exceed twenty percent opacity for up to fifteen consecutive 

minutes once in any eight hours. The intent of this provision is to permit the soot blowing 

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

scheduled for the same specific times each day and ecology or the authority shall be 

notified of the schedule or any changes. 

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

minimize emissions. 

(3) Orchard heating. 

(a) Burning of rubber materials, asphaltic products, crankcase oil or petroleum wastes, 

plastic, or garbage is prohibited. 

(b) It is unlawful to burn any material or operate any orchard-heating device that causes a 

visible emission exceeding twenty percent opacity, except during the first thirty minutes 

after such device or material is ignited. 
TABLE 10 – ADDITIONAL REGULATIONS APPROVED FOR THE YAKIMA REGIONAL 

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(4) Grain elevators. 

Any grain elevator which is primarily classified as a materials handling operation shall meet all the 

provisions of WAC 173-400-040 (2), (3), (4), and (5). 

(5) Catalytic cracking units. 

(a) All existing catalytic cracking units shall meet all provisions of WAC 173-400-040 

(2), (3), (4), (5), (6), and (7) and: 

(i) No person shall cause or permit the emission for more than three minutes, in any 

one hour, of an air contaminant from any catalytic cracking unit which at the 

emission point, or within a reasonable distance of the emission point, exceeds forty 

percent opacity. 

(ii) No person shall cause or permit the emission of particulate material in excess of 

0.46 grams per dry cubic meter at standard conditions (0.20 grains/dscf) of exhaust 

gas. 

(b) All new catalytic cracking units shall meet all provisions of WAC 173-400-115. 

(6) Other wood waste burners. 

(a) Wood waste burners not specifically provided for in this section shall meet all 

provisions of WAC 173-400-040. 

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

minimize emissions. 

(7) Sulfuric acid plants. 

No person shall cause to be discharged into the atmosphere from a sulfuric acid plant, any gases 

which contain acid mist, expressed as H2SO4, in excess of 0.15 pounds per ton of acid produced. 

Sulfuric acid production shall be expressed as one hundred percent H2SO4. 

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

173-400-081 Startup and Shutdown.

In promulgating technology-based emission standards and making control technology 

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

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

or shutdown. Where ecology or the authority determines that the source or source category, 

operated and maintained in accordance with good air pollution control practice, is not capable of 
TABLE 10 – ADDITIONAL REGULATIONS APPROVED FOR THE YAKIMA REGIONAL 

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achieving continuous compliance with an emission standard during startup or shutdown, ecology 

or the authority shall include in the standard appropriate emission limitations, operating 

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

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

maintenance of national ambient air quality standards, ecology and the authorities shall take into 

account any incremental increase in allowable emissions under startup or shutdown conditions 

authorized by an emission limitation or other operating parameter adopted under this rule. Any 

emission limitation or other parameter adopted under this rule which increases allowable 

emissions during startup or shutdown conditions over levels authorized in an approved state 

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

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

173-400-091 Voluntary Limits on Emissions.

(1) Upon request by the owner or operator of a source, ecology or the authority with jurisdiction 

over the source shall issue a regulatory order that limits the source's potential to emit any air 

contaminant or contaminants to a level agreed to by the owner or operator and ecology or the 

authority with jurisdiction over the source. 

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

otherwise allowable annual emissions of a particular contaminant under all applicable 

requirements of the chapter 70.94 RCW and the FCAA, including any standard or other 

requirement provided for in the Washington state implementation plan. The term "condition" 

refers to limits on production or other limitations, in addition to emission limitations. 

(3) Any order issued under this section shall include monitoring, recordkeeping and reporting 

requirements sufficient to ensure that the source complies with any condition established under 

this section. Monitoring requirements shall use terms, test methods, units, averaging periods, and 

other statistical conventions consistent with the requirements of WAC 173-400-105. 

(4) Any order issued under this section shall be subject to the notice and comment procedures 

under WAC 173-400-171. 

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

enforceable, upon approval of this section as an element of the Washington state implementation 

plan. Any proposed deviation from a condition contained in an order issued under this section 

shall require revision or revocation of the order. 

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

173-400-100 Registration.
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(1) Except as provided in subsection (4) of this section, the owner or operator of each source 

within the following source categories shall register the source with ecology or the authority. 

(a) Agricultural drying and dehydrating operations; 

(b) Asphalt plants; 

(c) Beverage can surface coating operations; 

(d) Bulk gasoline terminals; 

(e) Cattle feedlots with facilities for one thousand or more cattle; 

(f) Chemical plants; 

(g) Ferrous foundries; 

(h) Fertilizer plants 

(i) Flexible vinyl and urethane coating and printing operations; 

(j) Grain handling, seed processing, pea and lentil processing facilities; 

(k) Metallic mineral processing plants; 

(l) Mineralogical processing plants 

(m) Nonferrous foundries; 

(n) Other metallurgical processing plants; 

(o) Petroleum refineries; 

(p) Power boilers using coal, hog fuel, oil, or other solid or liquid fuel; 

(q) Pressure sensitive tape and label surface coating operations; 

(r) Rendering plants; 

(s) Scrap metal operations; 

(t) Synthetic organic chemical manufacturing industries; 
TABLE 10 – ADDITIONAL REGULATIONS APPROVED FOR THE YAKIMA REGIONAL 

CLEAN AIR AGENCY (YRCAA) JURISDICTION -- page -- 24

(u) Sulfuric acid plants; 

(v) Synthetic fiber production facilities; 

(w) Veneer dryers; 

(x) Wood waste incinerators including wigwam burners; 

(y) Other incinerators designed for a capacity of one hundred pounds per hour or more; 

(z) Stationary internal combustion engines rated at five hundred horse power or more; 

(aa) Sawmills, including processing for lumber, plywood, shake, shingle, pulpwood 

insulating board, or any combination thereof; 

(bb) Any category of stationary sources subject to a federal standard of performance 

(NSPS) under 40 CFR Part 60, other than Subpart AAA (Standards of Performance for 

New Residential Wood Heaters); 

(cc) Any source which emits a contaminant subject to a National Emission Standard for 

Hazardous Air Pollutants (NESHAPS); 

(dd) Any major stationary source. 

(2) Registration shall be on forms to be supplied by ecology or the authority within the time 

specified on the form. 

(3) A report of closure shall be filed with ecology or the authority within ninety days after 

operations producing emissions permanently cease at any source within the above categories. 

(4) Permit program sources, as defined in RCW 70.94.030(17), are not required to comply with 

the registration requirements of this section after the Environmental Protection Agency grants 

interim or final approval for the state operating permit program. 

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

173-400-105 Records, Monitoring and Reporting.

The owner or operator of a source shall upon notification by the director of ecology, maintain 

records on the type and quantity of emissions from the source and other information deemed 

necessary to determine whether the source is in compliance with applicable emission limitations 

and control measures. 
TABLE 10 – ADDITIONAL REGULATIONS APPROVED FOR THE YAKIMA REGIONAL 

CLEAN AIR AGENCY (YRCAA) JURISDICTION -- page -- 25

(1) Emission inventory. The owner(s) or operator(s) of any air contaminant source shall submit 

an inventory of emissions from the source each year. The inventory may include stack and 

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

sulfur compounds (TRS), fluorides, lead, VOCs, and other contaminants, and shall be submitted 

(when required) no later than one hundred five days after the end of the calendar year. The 

owner(s) or operator(s) shall maintain records of information necessary to substantiate any 

reported emissions, consistent with the averaging times for the applicable standards. 

(2) Monitoring. Ecology shall conduct a continuous surveillance program to monitor the quality 

of the ambient atmosphere as to concentrations and movements of air contaminants. 

As a part of this program, the director of ecology or an authorized representative may require any 

source under the jurisdiction of ecology to conduct stack and/or ambient air monitoring and to 

report the results to ecology. 

(3) Investigation of conditions. Upon presentation of appropriate credentials, for the purpose of 

investigating conditions specific to the control, recovery, or release of air contaminants into the 

atmosphere, personnel from ecology or an authority shall have the power to enter at reasonable 

times upon any private or public property, excepting nonmultiple unit private dwellings housing 

one or two families. 

(4) Source testing. To demonstrate compliance, ecology or the authority may conduct or require 

that a test be conducted of the source using approved EPA methods from 40 CFR 60 Appendix A 

which are adopted by reference, or approved procedures contained in "Source Test 

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

July 12, 1990, on file at ecology. The operator of a source may be required to provide the 

necessary platform and sampling ports for ecology personnel or others to perform a test of an 

emissions unit. Ecology shall be allowed to obtain a sample from any emissions unit. The 

operator of the source shall be given an opportunity to observe the sampling and to obtain a sample 

at the same time. 

(5) Continuous monitoring and recording. Owners and operators of the following categories of 

sources shall install, calibrate, maintain and operate equipment for continuously monitoring and 

recording those emissions specified. 

(a) Fossil fuel-fired steam generators. 

(i) Opacity, except where: 

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

per hour heat input; or 

(B) Only gaseous fuel is burned. 
TABLE 10 – ADDITIONAL REGULATIONS APPROVED FOR THE YAKIMA REGIONAL 

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

hundred fifty million BTU per hour heat input or if sulfur dioxide control 

equipment is not required. 

(iii) Percent oxygen or carbon dioxide where such measurements are necessary 

for the conversion of sulfur dioxide continuous emission monitoring data. 

(iv) General exception. These requirements do not apply to a fossil fuel-fired 

steam generator with an annual average capacity factor of less than thirty percent, 

as reported to the Federal Power Commission for calendar year 1974, or as 

otherwise demonstrated to ecology or the authority by the owner(s) or operator(s). 

(b) Sulfuric acid plants. 

Sulfur dioxide where production capacity is more than three hundred tons per day, 

expressed as one hundred percent acid, except for those facilities where conversion to 

sulfuric acid is utilized primarily as a means of preventing emissions to the atmosphere of 

sulfur dioxide or other sulfur compounds. 

(c) Fluid bed catalytic cracking units catalyst regenerators at petroleum refineries. 

Opacity where fresh feed capacity is more than twenty thousand barrels per day. 

(d) Wood residue fuel-fired steam generators. 

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

million BTU per hour heat input. 

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

subsection do not apply to wood residue fuel-fired steam generators, but 

continuous monitoring equipment required by (d) of this subsection shall be subject 

to approval by ecology. 

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

equipment under this chapter shall demonstrate to ecology or the authority, compliance 

with the equipment and performance specifications and observe the reporting requirements 

contained in 40 CFR Part 51, Appendix P, Sections 3, 4 and 5, promulgated October 6, 

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

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

economic situations, ecology determines that continuous monitoring is not a reasonable 

requirement, alternative monitoring and reporting procedures will be established on an 

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

frequency sufficient to establish the emission levels over time and to monitor deviations in 

these levels. 
TABLE 10 – ADDITIONAL REGULATIONS APPROVED FOR THE YAKIMA REGIONAL 

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(g) Exemptions. This subsection (5) does not apply to any source which is: 

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

governed by WAC 173-400-115. 

(ii) Not subject to an applicable emission standard. 

(h) Monitoring system malfunctions. A source may be temporarily exempted from the 

monitoring and reporting requirements of this chapter during periods of monitoring system 

malfunctions provided that the source owner(s) or operator(s) shows to the satisfaction of 

ecology or the authority that the malfunction was unavoidable and is being repaired as 

expeditiously as practicable. 

(6) Change in raw materials or fuels for sources not subject to requirements of the operating 

permit program. Any change or series of changes in raw material or fuel which will result in a 

cumulative increase in emissions of sulfur dioxide of forty tons per year or more over that stated in 

the initial inventory required by subsection (1) of this section shall require the submittal of 

sufficient information to ecology or the authority to determine the effect of the increase upon 

ambient concentrations of sulfur dioxide. Ecology or the authority may issue regulatory orders 

requiring controls to reduce the effect of such increases. Cumulative changes in raw material or 

fuel of less than 0.5 percent increase in average annual sulfur content over the initial inventory 

shall not require such notice. 

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

173-400-107 Excess Emissions.

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

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

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

(5) and (6) of this section. 

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

section shall be excused and not subject to penalty. 

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

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

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

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

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

shall submit a full written report including the known causes, the corrective actions taken, and the 

preventive measures to be taken to minimize or eliminate the chance of recurrence. 
TABLE 10 – ADDITIONAL REGULATIONS APPROVED FOR THE YAKIMA REGIONAL 

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

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

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

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

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

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

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

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

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

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

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

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

any other reasonably preventable condition; 

(b) The event was not of a recurring pattern indicative of inadequate design, operation, or 

maintenance; and 

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

with good air pollution control practice for minimizing emissions during the event, taking 

into account the total emissions impact of the corrective action, including slowing or 

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

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

exceeded. 

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

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

(1) Applicability: 

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

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

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

obtain a permit under RCW 70.94.161. 

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

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

approval issued by ecology or an authority prior to the establishment of any new source or 
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emission unit or modification, other than a single family or a duplex dwelling. 

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

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

emissions would increase as a result of the modification. 

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

application, ecology or the authority shall either notify the applicant in writing that the application 

is complete or notify the applicant in writing of all additional information necessary, based upon 

review of information already supplied, to complete the application. For a project subject to PSD 

review under WAC 173-400-141 a completeness determination includes a determination that the 

application provides all information required to conduct PSD review. 

(3) Final Determination: 

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

either issue a final decision on the application or, for those projects subject to public notice, 

initiate notice and comment procedures under WAC 173-400-171 on a proposed decision, 

followed as promptly as possible by a final decision. A person seeking approval to 

construct or modify a source that requires an operating permit may elect to integrate review 

of the operating permit application or amendment required under RCW 70.94.161 and the 

notice of construction application required by this section. A notice of construction 

designated for integrated review shall be processed in accordance with operating permit 

program procedures and deadlines. 

(b) Every final determination on a notice of construction application shall be reviewed 

and signed prior to issuance by a professional engineer or staff under the direct supervision 

of a professional engineer in the employ of ecology or the authority. 

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

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

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

(4) Appeals: An order of approval, any conditions contained in an order of approval, or the 

denial of a notice of construction application may be appealed to the pollution control hearings 

board as provided in chapter 43.21B RCW. Ecology or the authority shall promptly mail copies 

of each order approving or denying a notice of construction application to the applicant and to any 

other party who submitted timely comments on the application, along with a notice advising 

parties of their rights of appeal to the Pollution Control Hearings Board and, where applicable, to 

the EPA Environmental Appeals Board. 

(5) Portable Sources: For portable sources which located temporarily at particular sites, the 

owner(s) or operator(s) shall be allowed to operate at the temporary location without filing a notice 

of construction application, providing that the owner(s) or operator(s) notifies ecology or the 
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authority of intent to operate at the new location at least thirty days prior to starting the operation, 

and supplies sufficient information to enable ecology or the authority to determine that the 

operation will comply with the emission standards for a new source, and will not a cause a 

violation of applicable ambient air quality standards and , if in a nonattainment area, will not 

interfere with scheduled attainment of ambient standards. The permission to operate shall be for a 

limited period of time (one year or less) and ecology or the authority may set specific conditions 

for operation during that period. A temporary source shall be required to comply with all 

applicable emission standards. 

(6) Approval to construct or modify a stationary source shall become invalid if construction is not 

commenced within eighteen months after receipt of such approval, if construction is discontinued 

for a period of eighteen months or more, or if construction is not completed within a reasonable 

time. Ecology or the authority may extend the eighteen-month period upon a satisfactory 

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

construction of the approved phases of a phased construction project; each phase must commence 

construction within eighteen months of the projected and approved commencement date. 

 

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

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

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

nonattainment area, shall issue an order of approval, which order shall contain such conditions as 

are reasonably necessary to assure the maintenance of compliance with this chapter, if they 

determine that the proposed project satisfies each of the following requirements: 

(1) The proposed new source or modification will comply with all applicable new source 

performance standards, national emission standards for hazardous air pollutants, emission 

standards adopted under chapter 70.94 RCW and, for sources regulated by an authority, the 

applicable emission standards of that authority. 

(2) The proposed new source will employ BACT for all air contaminants, except that if the new 

source is a major stationary source or the proposed modification is a major modification it will 

achieve LAER for the contaminants for which the area has been designated nonattainment and for 

which the proposed new source or modification is major. 

(3) The proposed new source will not cause any ambient air quality standard to be exceeded, will 

not violate the requirements for reasonable further progress established by the state 

implementation plan and will comply with WAC 173-400-113(3) for all contaminants for which 

the area has not been designated nonattainment. 

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

modification, ecology or the authority has determined, based on review of an analysis performed 
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by the source of alternative sites, sizes, production processes, and environmental control 

techniques, that the benefits of the project significantly outweigh the environmental and social 

costs imposed as a result of its location, construction, or modification. 

(5) If the proposed new source or the proposed modification is major for the contaminant for which 

the area is designated nonattainment, allowable emissions from the proposed new source or 

modification of that contaminant are offset by reductions in actual emissions from existing sources 

in the nonattainment area. Emission offsets must be sufficient to ensure that total allowable 

emissions from existing major stationary sources in the nonattainment area, new or modified 

sources which are not major stationary sources, and the proposed new or modified source will be 

less than total actual emissions from existing sources (prior to submittal of the application) so as to 

represent (when considered together with the nonattainment provisions of section 172 of the 

FCAA) reasonable further progress. All offsetting emission reductions must satisfy the following 

requirements: 

(a) The proposed new level of allowable emissions of the source or emission unit(s) 

providing the reduction must be less than the current level of actual emissions of that 

source or emissions unit(s). No emission reduction can be credited for actual emissions 

which exceed the current allowable emissions of the source or emissions unit(s) providing 

the reduction. Emission reductions imposed by local, state, or federal regulations, 

regulatory orders, or permits cannot be credited. 

(b) The emission reductions must provide for a net air quality benefit. For marginal ozone 

nonattainment areas, the total emissions of volatile organic compounds or total emissions 

of nitrogen oxides are reduced by a ratio of 1.1 to 1 for the area in which the new source is 

located. For any other nonattainment area, the emissions offsets must provide a positive 

net air quality benefit in the nonattainment area. Determinations on whether emissions 

offsets provide a positive net air quality benefit will be made in accordance with the 

guidelines contained in 40 CFR 51 Appendix S. 

(c) If the offsets are provided by another source, the reductions in emissions from that 

source must be federally enforceable by the time the new or modified source commences 

operation. The new source may not commence operation before the date such reductions 

are actually achieved. An emission reduction credit issued under WAC 173-400-131 may 

be used to satisfy some or all of the offset requirements of this subsection. 

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

modification, the owner or operator has demonstrated that all major stationary sources owned or 

operated by such person (or by any entity controlling, controlled by, or under common control with 

such person) in Washington are subject to emission limitations and are in compliance, or on a 

schedule for compliance, with all applicable emission limitations and standards under the Federal 

Clean Air Act, including all rules contained in an EPA-approved state implementation plan. 

(7) If the proposed new source is a major stationary source or the proposed modification is a major 
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modification for the purposes of the PSD program described in WAC 173-400-141, it meets the 

requirements of that program for all contaminants for which the area has not been designated 

nonattainment. 

(8) If the proposed new source or modification will emit any toxic air pollutants regulated under 

chapter 173-460 WAC, the source meets all applicable requirements of that chapter. 

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

modification, ecology or the authority has complied with the visibility protection review 

requirements of 40 CFR 52.28(c) through (e) except for (c)(4)(i), (g), and (h), as in effect on March 

3, 1993, and determined that the project meets the criteria set forth in 40 CFR 52.28(g). For 

purposes of this subsection, definitions referenced in 40 CFR 52.28(b) are incorporated by 

reference, except that the term "visibility protection area" means any Class I area, and terms 

defined in WAC 173-400-030 shall have the meanings defined in that section. References in 40 

CFR 52.28 to "the Administrator" shall mean the agency (either ecology or the authority) 

processing the notice of construction application. 

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

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

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

area that is in attainment or unclassifiable for any air contaminant the new source would emit and 

that is in attainment or unclassifiable for ozone if the proposed new or modified source would emit 

VOCs or NOX, shall issue an order of approval, which order shall contain such conditions as are 

reasonably necessary to assure the maintenance of compliance with this chapter, if they determine 

that the proposed project satisfies all of the following requirements: 

(1) The proposed new source or modification will comply with all applicable new source 

performance standards, national emission standards for hazardous air pollutants, emission 

standards adopted under chapter 70.94 RCW and, for sources regulated by an authority, the 

applicable emission standards of that authority. 

(2) The proposed new source or modification will employ BACT for all pollutants not previously 

emitted or whose emissions would increase as a result of the new source or modification. 

(3) Allowable emissions from the proposed new source or modification will not delay the 

attainment date for an area not in attainment nor cause or contribute to a violation of any ambient 

air quality standard. This requirement will be considered to be met if the projected impact of the 

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

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

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

nonattainment: 
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Pollutant

Annual 

Average

24-Hour 

Average

8-Hour 

Average

3-Hour 

Average

1-Hour 

Average

CO- - 0.5 mg/m32 mg/m3

SO2 1.0 ug/m35 ug/m3- 25 ug/m330 ug/m3

PM10 1.0 ug/m35 ug/m3- - - 

NO2 1.0 ug/m3- - - - 

An offsetting emission reduction may be used to satisfy some or all of the requirements of this 

subsection. 

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

major modification for purposes of the PSD program described in WAC 173-400-141, it meets all 

applicable requirements of that chapter. 

(5) If the proposed new source or the proposed modification will emit any toxic air pollutants 

regulated under chapter 173-460 WAC, the source meets all applicable requirements of that 

program. 

(6) If, within the meaning of the PSD program described in WAC 173-400-141, the proposed 

new source is a major stationary source or the proposed modification is a major modification, 

ecology or the authority has complied with the visibility protection review requirements of 40 CFR 

52.27(d) through (f), as in effect on March 3, 1993, and has determined that the source would not 

cause an adverse impact upon visibility. References in 40 CFR 52.27 to "the Administrator" shall 

mean the agency (either ecology or the authority) processing the notice of construction 

application. 

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

173-400-151 Retrofit Requirements for Visibility Protection.

(1) Determination of best available retrofit technology (BART). Ecology shall identify and 

analyze each source which may reasonably be anticipated to cause or contribute to impairment of 

visibility in any mandatory Class I area in Washington and any adjacent state and to determine 

BART for the contaminant of concern and those additional air pollution control technologies that 

are to be required to reduce impairment from the source. 

(2) Initially defined BART. The owner(s) or operator(s) of any source(s) to which significant 

visibility impairment of a mandatory Class I area is reasonably attributable shall apply BART for 

each contaminant contributing to visibility impairment that is emitted at more than 250 tons per 

year. Each source for which BART is required must install and operate BART as expeditiously as 

possible, but in no case later than five years after the conditions are included in a regulatory order. 
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(3) Future definitions of BART. The owner(s) or operator(s) of any source(s) to which 

significant visibility impairment of a mandatory Class I area is reasonably attributable shall apply 

BART as new technology becomes available for a contaminant if: 

(a) The source emits more than 250 tons per year of the contaminant; and, 

(b) The controls representing BART have not previously been required in this section. 

(4) Appeal. Any source owner or operator required by this section to install, operate, and 

maintain BART, may apply to the EPA administrator for an exception from that requirement 

pursuant to 40 CFR 51.303. 

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

173-400-161 Compliance Schedules.

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

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

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

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

compliance schedule. Requirements for public involvement (WAC 173-400-171) must be met. 

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

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

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

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

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

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

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

173-400-171 Public Involvement.

(1) Applicability. 

Ecology or the authority shall provide public notice prior to the approval or denial of any of the 

following types of applications or other actions: 

(a) Notice of construction application for any new or modified source or emissions unit, if 

a significant net increase in emissions of any pollutant regulated by state or federal law 
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would result; or 

(b) Any application or other proposed action for which a public hearing is required by 

PSD rules; or 

(c) Any order to determine RACT; or 

(d) An order to establish a compliance schedule or a variance; or 

(e) The establishment or disestablishment of a nonattainment area, or the changing of the 

boundaries thereof; or 

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

formula height and sixty-five meters, by means of a fluid model or a field study, for the 

purposes of establishing an emission limitation; or

(g) An order to authorize a bubble; or 

(h) Notice of construction application or regulatory order used to establish a creditable 

emission reduction; 

(i) An order issued under WAC 173-400-090 which establishes limitations on a source's 

potential to emit; or 

(j) Any application or other proposed action made pursuant to this chapter in which there 

is a substantial public interest according to the discretion of ecology or the authority. 

(2) Public notice. Public notice shall be made only after all information required by ecology or 

the authority has been submitted and after applicable preliminary determinations, if any, have been 

made. The cost of providing public notice shall be borne by the applicant or other initiator of the 

action. Public notice shall include: 

(a) Availability for public inspection in at least one location near the proposed project, of 

the nonproprietary information submitted by the applicant and of any applicable 

preliminary determinations, including analyses of the effect(s) on air quality. 

(b) Publication in a newspaper of general circulation in the area of the proposed project of 

notice: 

(i) Giving a brief description of the proposal; 

(ii) Advising of the location of the documents made available for public 

inspection; 
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(iii) Advising of a thirty-day period for submitting written comment to ecology or 

the authority; 

(iv) Advising that a public hearing may be held if ecology or the authority 

determines within a thirty-day period that significant public interest exists. 

(c) A copy of the notice will be sent to the EPA regional administrator. 

Public participation procedures for notice of construction applications that are processed in 

coordination with an application to issue or modify an operating permit shall be conducted 

as provided in the state operating permit rule. 

(3) Public comment. No final decision on any application or action of any of the types described 

in subsection (1) of this section, shall be made until the public comment period has ended and any 

comments received have been considered. Unless a public hearing is held, the public comment 

period shall be the thirty-day period for written comment published as provided above. If a public 

hearing is held the public comment period shall extend through the hearing date and thereafter for 

such period, if any, as the notice of public hearing may specify. 

(4) Public hearings. The applicant, any interested governmental entity, any group or any person 

may request a public hearing within the thirty-day period published as above. Any such request 

shall indicate the interest of the entity filing it and why a hearing is warranted. Ecology or the 

authority may, in its discretion, hold a public hearing if it determines significant public interest 

exists. Any such hearing shall be held upon such notice and at a time(s) and place(s) as ecology 

or the authority deems reasonable. 

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

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

used in lieu of the provisions of this section. 

(6) Public information. Copies of notices of construction, orders, and modifications thereof 

which are issued hereunder shall be available for public inspection on request at ecology or the 

authority. 

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

173-400-190 Requirements for Nonattainment Areas.

The development of specific requirements for nonattainment areas shall include consultation with 

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

State effective: 3/22/91; EPA effective: 6/2/95 
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173-400-200 Creditable Stack Height & Dispersion Techniques.

(1) Applicability. These provisions shall apply to all sources except: 

(a) Stacks for which construction had commenced on or before December 31, 1970, 

except where pollutants are being emitted from such stacks used by sources which were 

constructed, or reconstructed, or for which major modifications were carried out after 

December 31, 1970; 

(b) Coal-fired steam electric generating units subject to the provisions of Section 118 of 

the Federal Clean Air Act, which commenced operation before July 1, 1957, and for whose 

stacks construction commenced before February 8, 1974; 

(c) Flares; 

(d) Open burning for agricultural or silvicultural purposes as covered under the smoke 

management plan; 

(e) Residential wood combustion and open burning for which episodic restrictions apply. 

These provisions shall not be construed to limit the actual stack height. 

(2) Prohibitions. No source may use dispersion techniques or excess stack height to meet 

ambient air quality standards or PSD increment limitations. 

(a) Excess stack height. Excess stack height is that portion of a stack which exceeds the 

greater of: 

(i) Sixty-five meters, measured from the ground level elevation at the base of the 

stack; or 

(ii) Hg.= H.+ 1.5L 

where: Hg.= "good engineering practice" (GEP) stack height, measured from the 

ground level elevation at the base of the stack, 

H.= height of nearby structure(s) measured from the ground level elevation at the 

base of the stack, 

L.= lesser dimension, height or projected width, of nearby structure(s), subject to 

the proviso below. 

"Nearby," as used in this subsection for purposes of applying the GEP formula means that distance 
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up to five times the lesser of the height or the width dimension of a structure, but not greater than 

0.8 kilometer (1/2 mile). 

(b) Dispersion techniques. Increasing final exhaust gas plume rise by manipulating 

source process parameters, exhaust gas parameters, stack parameters, or combining 

exhaust gases from several existing stacks into one stack; or other selective handling of 

exhaust gas streams so as to increase the exhaust gas plume rise. This does not include: 

(i) The reheating of a gas stream, following the use of a pollution control system, 

for the purpose of returning the gas to the temperature at which it was originally 

discharged from the facility generating the gas stream; 

(ii) The merging of gas streams where: 

(A) The source was originally designed and constructed with such merged 

gas streams, as demonstrated by the source owner(s) or operator(s). 

(B) Such merging is part of a change in operation at the facility that 

includes the installation of pollution controls and is accompanied by a net 

reduction in the allowable emissions of a pollutant. This exclusion shall 

apply only to the emission limitation for the pollutant affected by such 

change in operation. 

(C) Before July 8, 1985, such merging was part of a change in operation at 

the facility that included the installation of emissions control equipment or 

was carried out for sound economic or engineering reasons, and not 

primarily motivated by an intent to gain emissions credit for greater 

dispersion. 

(3) Exception. EPA, ecology, or an authority may require the use of a field study or fluid model 

to verify the creditable stack height for the source. This also applies to a source seeking credit 

after the effective date of this rule for an increase in existing stack height up to that established by 

the GEP formula. A fluid model or field study shall be performed according to the procedures 

described in the EPA Guideline for Determination of Good Engineering Practice Height 

(Technical Support Document of the Stack Height Regulations). The creditable height 

demonstrated by a fluid model or field study shall ensure that the emissions from a stack do not 

result in excessive concentrations of any air pollutant as a result of atmospheric downwash, wakes, 

or eddy effects created by the source itself, nearby structures or nearby terrain features. 

(a) "Nearby," as used in this subsection for conducting a field study or fluid model, means 

not greater than 0.8 km, except that the portion of a terrain feature may be considered to be 

nearby which falls within a distance of up to ten times the maximum height of the feature, 

not to exceed two miles if such feature achieves a height 0.8 km from the stack that is at 

least forty percent of the GEP stack height or twenty-six meters, whichever is greater, as 
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measured from the ground-level elevation at the base of the stack. The height of the 

structure or terrain feature is measured from the ground-level elevation at the base of the 

stack. 

(b) "Excessive concentration" is defined for the purpose of determining creditable stack 

height under this subsection and means a maximum ground-level concentration owing to a 

significant downwash effect which contributes to excursion over an ambient air quality 

standard. For sources subject to PSD review (WAC 173-400-141 and 40 CFR 52.21) an 

excessive concentration alternatively means a maximum ground-level concentration owing 

to a significant downwash effect which contributes to excursion over a PSD increment. 

The emission rate used in this demonstration shall be the emission rate specified in the state 

implementation plan, or in the absence of such, the actual emission rate of the source. 

"Significant downwash effect" means a maximum ground-level concentration due to 

emissions from a stack due in whole or in part to downwash, wakes, and eddy effects 

produced by nearby structures or nearby terrain features which individually is at least forty 

percent in excess of the maximum concentration experienced in the absence of such 

downwash, wakes, or eddy effects. 

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

173-400-205 Adjustment for Atmospheric Conditions.

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

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

regulations. 

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

173-400-210 Emission Requirements of Prior Jurisdictions.

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

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

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

chapter relating to that source. 

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

173-400-220 Requirements for Board Members.

(1) Public Interest. A majority of the members of any ecology or authority board shall represent 

the public interest. A majority of the members of such boards, shall not derive any significant 
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portion of their income from persons subject to enforcement orders pursuant to the state and 

federal clean air acts. An elected public official and the board shall be presumed to represent the 

public interest. In the event that a member derives a significant portion of his/her income from 

persons subject to enforcement orders, he/she shall delegate sole responsibility for administration 

of any part of the program which involves these persons to an assistant. 

(2) Disclosure. Each member of any ecology or authority board shall adequately disclose any 

potential conflict of interest in any matter prior to any action or consideration thereon, and the 

member shall remove themselves from participation as a board member in any action or voting on 

such matter. 

(3) Define Significant Income. For the purposes of this section, "significant portion of income" 

shall mean twenty percent of gross personal income for a calendar year. In the case of a retired 

person, "significant portion of income" shall mean fifty percent of income in the form of pension 

or retirement benefits from a single source other than Social Security. Income derived from 

employment with local or state government shall not be considered in the determination of 

"significant portion of income." 

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

173-400-230 Regulatory Actions.

Ecology may take any of the following regulatory actions to enforce this chapter to meet the 

provisions of RCW 43.21B.300 which is incorporated by reference. 

(1) Enforcement Actions by Ecology--Notice to Violators. At least thirty days prior to the 

commencement of any formal enforcement action under RCW 70.94.430 and 70.94.431, the 

department of ecology shall cause written notice to be served upon the alleged violator or 

violators. The notice shall specify the provision of this chapter or the rule or regulation alleged to 

be violated, and the facts alleged to constitute a violation thereof, and may include an order that 

necessary corrective action be taken within a reasonable time. In lieu of an order, ecology may 

require that the alleged violator or violators appear before it for the purpose of providing ecology 

information pertaining to the violation or the charges complained of. Every notice of violation 

shall offer to the alleged violator an opportunity to meet with ecology prior to the commencement 

of enforcement action. 

(2) Civil Penalties. 

(a) In addition to or as an alternate to any other penalty provided by law, any person who 

violates any of the provisions of chapter 70.94 or 70.120 RCW, or any of the rules in force 

under such chapters may incur a civil penalty in an amount as set forth in RCW 70.94.431. 

Each such violation shall be a separate and distinct offense, and in case of a continuing 

violation, each day's continuance shall be a separate and distinct violation. 
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Any person who fails to take action as specified by an order issued pursuant to this chapter 

shall be liable for a civil penalty as set forth by RCW 70.94.431 for each day of continued 

noncompliance. 

(b) Penalties incurred but not paid shall accrue interest, beginning on the ninety-first day 

following the date that the penalty becomes due and payable, at the highest rate allowed by 

RCW 19.52.020 on the date that the penalty becomes due and payable. If violations or 

penalties are appealed, interest shall not begin to accrue until the thirty-first day following 

final resolution of the appeal. 

The maximum penalty amounts established in RCW 70.94.431 may be increased annually 

to account for inflation as determined by the state office of the economic and revenue 

forecast council. 

(c) Each act of commission or omission which procures, aids, or abets in the violation 

shall be considered a violation under the provisions of this section and subject to the same 

penalty. The penalties provided in this section shall be imposed pursuant to RCW 

43.21B.300. 

(d) All penalties recovered under this section by ecology shall be paid into the state 

treasury and credited to the air pollution control account established in RCW 70.94.015 or, 

if recovered by the authority, shall be paid into the treasury of the authority and credited to 

its funds. If a prior penalty for the same violation has been paid to a local authority, the 

penalty imposed by ecology under subsection (a) of this section shall be reduced by the 

amount of the payment. 

(e) To secure the penalty incurred under this section, the state or the authority shall have a 

lien on any vessel used or operated in violation of this chapter which shall be enforced as 

provided in RCW 60.36.050. 

(f) Public or private entities that are recipients or potential recipients of ecology grants, 

whether for air quality related activities or not, may have such grants rescinded or withheld 

by ecology for failure to comply with provisions of this chapter. 

(g) In addition to other penalties provided by this chapter, persons knowingly 

under-reporting emissions or other information used to set fees, or persons required to pay 

emission or permit fees who are more than ninety days late with such payments may be 

subject to a penalty equal to three times the amount of the original fee owed. 

(3) Assurance of discontinuance. Personnel of ecology or an authority may accept an assurance 

of discontinuance of any act or practice deemed in violation of this chapter. Any such assurance 

shall specify a time limit during which discontinuance is to be accomplished. Failure to perform 

the terms of any such assurance shall constitute prima facie proof of a violation of this chapter or 
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any order issued thereunder which make the alleged act or practice unlawful for the purpose of 

securing an injunction or other relief from the superior court. 

(4) Restraining orders, injunctions. Whenever any person has engaged in, or is about to engage 

in, any acts or practices which constitute or will constitute a violation of any provision of this 

chapter, the director, after notice to such person and an opportunity to comply, may petition the 

superior court of the county wherein the violation is alleged to be occurring or to have occurred for 

a restraining order or a temporary or permanent injunction or another appropriate order. 

(5) Emergency episodes. Ecology may issue such orders as authorized by chapter 173-435 

WAC via chapter 70.94 RCW, whenever an air pollution episode forecast is declared. 

(6) Compliance orders. Ecology may issue a compliance order in conjunction with a notice of 

violation. The order shall require the recipient of the notice of violation either to take necessary 

corrective action or to submit a plan for corrective action and a date when such action will be 

initiated. 

State effective: 3/20/93; EPA effective: 6/2/95 

173-400-240 Criminal Penalties.

Persons in violation of Title 173 WAC may be subject to the provisions of RCW 70.94.430. 

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

173-400-250 Appeals.

Decisions and orders of ecology or an authority may be appealed to the pollution control hearings 

board pursuant to chapter 43.21B RCW and chapter 371-08 WAC. 

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

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 CFR 103(d) 

which is incorporated by reference. 

State effective: 3/22/91; EPA effective: 6/2/95 
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Yakima Regional Clean Air Agency Regulations 

ARTICLE I - POLICY, SHORT TITLE AND DEFINITIONS 

SECTION 1.01 - POLICY 

It is declared to be the public policy of the Yakima County Clean Air Authority to secure 

and maintain such levels of air quality as will protect human health and safety; and to the greatest 

degree practical, prevent injury to plant and animal life and property, foster the comfort and 

convenience of the inhabitants of Yakima County, promote the economic and social development 

of Yakima County and facilitate the enjoyment of the natural attractions therein, and further, to 

cooperate with the Yakima Indian Nation in achieving the policy objectives as set forth herein 

throughout the whole of Yakima County. 

State effective: 12/15/95; EPA effective: 3/4/98

SECTION 1.02 - SHORT TITLE

These rules and Regulations shall be known and cited as the "Restated Regulation I of the 

Yakima County Clean Air Authority". 

State effective: 11/18/93; EPA effective: 3/4/98

SECTION 1.03 - DEFINITIONS

Unless a different meaning is plainly required by the context, the following words and 

phrases as hereinafter used in these Regulations shall have the following meanings: 

1. “Actual Emissions”: - The actual rate of emissions of a pollutant from an emission unit, as 

determined in accordance with (a) through (c) of this subsection. 

a. In general, actual emissions as of a particular date shall equal the average rate, in 

tons per year, at which the emissions units actually emitted the pollutant during a 

two-year period which precedes the particular date and which is representative of 

normal source operation. Ecology or an authority shall allow the use of a different 

time period upon a determination that it is more representative of normal source 

operation. Actual emissions shall be calculated using the emissions unit's actual 

operating hours, production rates, and types of materials processed, stored, or 

combusted during the selected time period. 

b. Ecology or an authority may presume that source-specific allowable emissions for 
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the unit are equivalent to the actual emissions of the emissions unit. 

c. For any emissions unit which has not begun normal operations on the particular 

date, actual emissions shall equal the potential to emit of the emissions unit on that 

date. 

2. “Adequate Source of Heat” - The ability to maintain 70 degrees Fahrenheit at a point three (3) 

feet above the floor in all normally inhabited areas of the dwelling. 

3. “Adverse Impact on Visibility” - Visibility impairment which interferes with the management, 

protection, preservation, or enjoyment of the visitor's visual experience of the Federal Class I area. 

This determination must be made on a case by case basis taking into account the geographic extent, 

intensity, duration, frequency, and time of visibility impairment, and how these factors correlate 

with (a) times of visitor use of the Federal Class I area, and (b) the frequency and timing of natural

conditions that reduce visibility. This term does not include effects on integral vistas. 

4. “Agricultural Operation” - The growing of crops, the raising of fowl, animals or bees as a 

gainful occupation. 

5. “Air Contaminant” - Dust, fumes, mist, smoke, other particulate matter, vapor, gas, odorous 

substance, or any combination thereof. 

6. “Air Pollution” -The presence in the outdoor atmosphere of one or more contaminants in 

sufficient quantities and of such characteristics and duration as is, or is likely to be, injurious to

human health, plant or animal life, or property, or which unreasonably interfere with enjoyment of 

life and property. For the purpose of this Regulation, air pollution shall not include air 

contaminants emitted in compliance with Chapter 17.21 RCW. 

7. “Air Pollution Episode” - A period of impaired air quality as determined by the Director of 

the Yakima County Clean Air Authority, or the Washington State Department of Ecology. 

8. “Allowable Emissions” - The emission rate of a stationary source calculated using the 

maximum rated capacity of the stationary source (unless the stationary source is subject to 

federally enforceable limits which restrict the operating rate, or hours of operation, or both) and the 

most stringent of the following: 

a. The applicable standards as set forth in 40 CFR Part 60 or 61; 

b. Any applicable state implementation plan emissions limitation including those with a 

future compliance date; or 

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

those with a future compliance date. 
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9. “Ambient Air” - The surrounding outside air. 

10. “Ambient Air Quality Standard” - An established concentration, exposure time, and 

frequency of occurrence of air contaminant(s) in the ambient air which shall not be exceeded. 

11. “Authority” - The Yakima County Clean Air Authority. 

12. “Best Available Control Technology” (BACT) - That term as defined in WAC 173-400. 

13. “Board” - The Board of Directors of the Yakima County Clean Air Authority. 

14. “Combustible Refuse” - Any burnable waste material containing carbon in a free or 

combined state other than liquid or gases. 

15. “Combustion and Incineration Sources” - Units using combustion for waste disposal, steam 

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

16. “Commenced Construction: - The owner or operator has all the necessary preconstruction 

approvals or permits and either has: 

a. Begun, or caused to begin, a continuous program of actual on-site construction of the 

source, to be completed within a reasonable time; or 

b. Entered into binding agreements or contractual obligations, which cannot be canceled 

or modified without substantial loss to the owner or operator, to undertake a program of 

actual construction of the source to be completed within a reasonable time. 

17. “Concealment” - Any action taken to reduce the observed or measured concentrations of a 

pollutant in a gaseous effluent while, in fact, not reducing the total amount of pollutant discharged.

18. “Control Apparatus” - Any device which prevents or controls the emission of any air 

contaminant. 

19. “Control Officer” - The Air Pollution Control Officer of the Yakima County Clean Air 

Authority, or his duly authorized agents. 

20. “Director” - Executive Director and Control Officer. 

21. “Emission” - A release of air contaminants into the ambient air. 

22. “Emission Reduction Credit (ERC)” - A credit granted pursuant to WAC 173-400-131. This 

is a voluntary reduction in emissions. 

23. “Emission Standards” - A limitation on the release of a contaminant or multiple contaminants 
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into the ambient air. 

24. “Emissions Unit” - Any part of a stationary source or source which emits or would have the 

potential to emit any pollutant subject to regulation under the FCAA, chapter 70.94 or 70.98 RCW. 

25. “Equipment” - Any stationary or portable device or any part thereof capable of causing the 

emission of any air contaminant into the ambient air. 

26. “Excess Emissions” - Emissions of an air pollutant in excess of any applicable emissions 

standard. 

27. “Federal Clean Air Act (FCAA)” - The Federal Clean Air Act, also known as Public Law 

88-206, 77 Stat.392, December 17, 1963, 42 U.S.C. 7401 et seq., as last amended by the Clean Air 

Act amendments of 1990, P.L. 101-549, November 15, 1990. 

28. “Federal Land Manager” - With respect to any lands in the United States, the Secretary of the 

department with authority over such lands. 

29. “Fire Department” - Fire control agency such as city fire departments, local fire districts or 

the Washington State Department of Natural Resources. 

30. “First Stage of Impaired Air Quality” - When particulate ten microns and smaller in 

aerodynamic diameter are at an ambient level of seventy-five micrograms per cubic meter of air 

measured on a twenty-four hour average, or when carbon monoxide is at an ambient level of eight 

parts of contaminant per million parts of air by volume measured on an eight-hour average. 

31. “Fossil Fuel-fired Steam Generator” - A device, furnace, or boiler used in the process of 

burning fossil fuel for the primary purpose of producing steam by heat transfer. 

32. “Fugitive Dust” - A Particulate emission made airborne by forces of wind, man's activity, or 

both. Unpaved roads, construction sites, and tilled land are examples or areas that originate 

fugitive dust. Fugitive dust is a type of fugitive emission. 

33. “Fugitive Emissions” - Emissions which do not pass and which could not reasonable pass 

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

34. “Friable Asbestos” - Any material containing more than 1% asbestos and capable of being 

crushed by hand pressure. 

35. “Garbage” - Putrescible animal and vegetable wastes resulting from the handling, 

preparation, cooking or serving of food. 

36. “General Process Unit” - An emissions unit using a procedure or a combination of procedures 

for the purpose of causing a change in material by either chemical or physical means, excluding 
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combustion. 

37. “Good Engineering Practice (GEP)” - A calculated stack height based on the equation 

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

38. “Hearings Board” - Hearings Boards as established by RCW 43.21B. 

39. “Incinerator” - A furnace for the destruction of waste, or oxidizing a waste to facilitate 

disposal. 

40. “Land Clearing Burning” - Outdoor fires consisting of residue of a natural character such as 

trees, stumps, shrubbery of other natural vegetation arising from land clearing projects and burned 

on the lands on which such materials originated. 

41. “Lowest Achievable Emission Rate (LAER)” - That term as defined in WAC 173-400. 

42. “Major Modification” - Any physical change in or change in the method of operation of a 

major stationary source that would result in a significant net emissions increase of any pollutant 

subject to regulation under the FCAA. Any net emissions increase that is considered significant 

for volatile organic compounds or nitrogen oxides shall be considered significant for ozone. A 

physical change or change in the method of operation shall not include: 

a. Routine maintenance, repair, and replacement; 

b. Use of an alternative fuel or raw material by reason of an order under Sections 2(a) and 

(b) of the Energy Supply and Environmental Supply Coordination Act of 1974 (or any 

superseding legislation) or by reason of a natural gas curtailment plan pursuant to the 

Federal Power Act: 

c. Use of an alternative fuel by reason of an order or rule under section 125 of the FCAA, 

42 U.S.C. 7425; 

d. Use of an alternative fuel at a steam generating unit to the extent that the fuel is 

generated from municipal solid waste; 

e. Use of an alternative fuel or raw material by a stationary source which: 

(i) The stationary source was capable of accommodating before December 21, 

1976, unless such change would be prohibited under any federally enforceable 

permit condition which was established after December 12, 1976, in a prevention 

of significant deterioration permit or notice of construction approval; or 

(ii) The stationary source is approved to use under any federally enforceable 

notice of construction approval or a PSD permit issued by the environmental 
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protection agency; 

f. An increase in the hours of operation or in the production rate, unless such change is 

prohibited under any federally enforceable permit condition which was established after 

December 21, 1976,in a prevention of significant deterioration permit or a notice of 

construction approval; 

g. Any change in ownership at a stationary source. 

43. “Major Stationary Source” 

a. Any stationary source which: 

(i) Emits or has the potential to emit one hundred tons per year or more of any air 

contaminant regulated by the state of Federal Clean Air Acts; or 

(ii) Is located in a "marginal" or "moderate" ozone nonattainment area and which 

emits or has the potential to emit one hundred tons per year or more of volatile 

organic compounds or oxides of nitrogen. 

b. Any stationary source (or group of stationary sources) which: 

(i) Is located in a "serious" carbon monoxide nonattainment area where stationary 

sources contribute significantly to carbon monoxide levels and which emits or has 

the potential to emit fifty tons per year or more of carbon monoxide; or 

(ii) Is located in a "serious" particulate matter (PM10) nonattainment area and 

which emits or has the potential to emit seventy tons per year or more of PM10

emissions. 

c. Any physical change that would occur at a stationary source not qualifying under (a) or 

(b) of this subsection as a major stationary source, if the change would constitute a major 

stationary source by itself; 

d. A major stationary source that is major for VOCs or NOx shall be considered major for 

ozone; 

e. The fugitive emissions of a stationary source shall not be included in determining 

whether it is a major stationary source, unless the stationary source belongs to one of the 

following categories of stationary sources or the source is a major stationary source due to 

(b) of this subsection; 

(i) Coal cleaning plants (with thermal dryers); 
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(ii) Kraft pulp mills; 

(iii) Portland cements plants; 

(iv) Primary zinc smelters; 

(v) Iron and steel mills; 

(vi) Primary aluminum ore reduction plants; 

(vii) Primary copper smelters; 

(viii) Municipal incinerators capable of charging more than two hundred fifty 

tons of refuse per day; 

(ix) Hydrofluoric, sulfuric, or nitric acid plants; 

(x) Petroleum refineries; 

(xi) Lime plants; 

(xii) Phosphate rock processing plants; 

(xiii) Coke oven batteries; 

(xiv) Sulfur recovery plants; 

(xv) Carbon Black plants (furnace process) 

(xvi) Primary lead smelters; 

(xvii) Fuel conversion plants; 

(xviii) Sintering plants; 

(xix) Secondary metal production plants; 

(xx) Chemical process plants; 

(xxi) Fossil-fuel boilers (or combination thereof) totaling more than two hundred 

fifty million British thermal units per hour heat input 

(xxii) Petroleum storage and transfer units with a total storage capacity exceeding 

three hundred thousand barrels: 
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(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, 1970, was 

being regulated under sections 111 or 112 of the Federal Clean Air Act. 

f. For purposes of determining whether a stationary source is a major stationary source, 

the term "building, structure, facility, or installation" means all the pollutant-emitting 

activities which belong to the same industrial grouping, are located on one or more 

contiguous or adjacent properties, and are under the control of the same person (or persons 

under common control). Pollutant-emitting activities shall be considered as part of the 

same industrial grouping if they belong to the same major group (i.e., which have the same 

two digit code) as described in the Standard Industrial Classification Manual, 1972, as 

amended by the 1977 Supplement. 

44. “Modification” - Any physical change in or change in the method of operation of a stationary 

source that increases the amount of any air contaminant emitted by such source or that results in 

the emission of any air contaminant not previously emitted. The term modification shall be 

construed consistent with the definition of modification in Section7411, Title 42, United State 

Code and with rules implementing that section. 

45. “Multiple Chamber Incinerator” - Any incinerator consisting of three or more 

refractory-lined combustion chambers in series, physically separated by refractory walls, 

interconnected by gas passage ports or ducts and employing adequate design parameters necessary 

for maximum combustion of the material to be burned. 

46. “National Emission Standards for Hazardous Air Pollutants (NESHAPS)” - The federal 

regulations set forth in 40 CFR Part 61. 

47. “Net Emissions increase” - Means: 

a. The amount by which the sum of the following exceeds zero: 

(i) Any increase in actual emissions from a particular change or change in method 

of operation at a source; and 

(ii) any other increases and decreases in actual emissions at the source that are 
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contemporaneous with the particular change and are otherwise creditable. 

b. An increase or decrease in actual emissions is contemporaneous with the increase from 

the particular change only if it occurs between the date ten years before construction on the 

particular change commences and the date that the increase from the particular change 

occurs. 

c. An increase or decrease in actual emissions is creditable only if: 

(i) It occurred no more than one year prior to the date of submittal of a complete 

notice of construction application for the particular change, or it has been 

documented by an emission reduction credit, in which case the credit shall expire 

ten years after the date of original issue of the ERC. Any emissions increases 

occurring between the date of issuance of the ERC and the date when a particular 

change becomes operational shall be counted against the ERC. 

(ii) Ecology or the authority has not relied on it in issuing any permit or order of 

approval for the source under regulations approved pursuant to 40 CFR 51 Subpart 

I or the EPA has not relied on it in issuing a PSD permit pursuant to 40 CFR 52.21, 

which order or permit is in effect when the increase in actual emissions from the 

particular change occurs. 

d. An increase in actual emissions is creditable only to the extent that the new level of 

actual emissions exceeds the old level. 

e. A decrease in actual emissions is creditable only to the extent that: 

(i) The old level of actual emissions or the old level of allowable emissions, 

whichever is lower, exceeds the new level of actual emissions; 

(ii) It is federally enforceable at and after the time that actual construction on the 

particular change begins; 

(iii) It has approximately the same qualitative significance for public health and 

welfare as that attributed to the increase from the particular change; and 

(iv) Ecology or the authority has not relied on it in issuing any permit or order of 

approval under regulations approved pursuant to 40 CFR 51 Subpart I, the EPA has 

not relied on it in issuing a PSD permit pursuant to 40 CFR 52.21, or ecology or the 

authority has not relied on it in demonstrating attainment or reasonable further 

progress. 

f. An increase that results from a physical change at a source occurs when the emission 

unit on which construction occurred becomes operational and begins to emit a particular 
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pollutant. Any replacement unit that requires shakedown becomes operational only after 

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

48. “New Source” - Means: 

a. The construction or modification of a stationary source that increases the amount of 

any air contaminant emitted by such source or that results in the emission of any air 

contaminant not previously emitted, and; 

b. Any other project that constitutes a new source under the Federal Clean Air Act. 

49. “New Source Performance Standards (NSPS)” - The federal regulations set forth in 40 CFR 

Part 60. 

50. “Nonattainment Area” - A clearly delineated geographic area which has been designated by 

EPA promulgation as exceeding a national ambient air quality standard or standards for one or 

more of the criteria pollutants. 

51. “Notice of Construction” - A written application to permit construction of a new source, 

modification of an existing source or replacement or substantial alteration of control technology at 

an existing stationary source. Replacement or substantial alteration of control technology does 

not include routine maintenance, repair, or parts replacement. 

52. “Opacity” - The degree to which an object seen through a plume is obscured, stated as a 

percentage. 

53. “Open Fire” - A fire where any material is burned in the open or in a receptacle other than a 

furnace, incinerator, or other equipment connected to a stack or chimney. 

54. “Order of Approval or Approval Order” - A regulatory order issued by ecology or the 

authority to approve the notice of construction application for a proposed new source or 

modification, or the replacement or substantial alteration of control technology at an existing 

stationary source. 

55. “Outdoor Burning” - The combustion of material of any type in an open fire or in an outdoor 

container without providing for the control of combustion or the control of emissions from the 

combustion. 

56. “Owner” - Includes the person who leases, supervises or operates the equipment or control 

apparatus. 

57. “Particle” - A small discrete mass of solid or liquid matter. (General size range from 

submicron to 2000 micron). 
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58. “Particulate Matter or Particulate” - any airborne finely divided solid or liquid material with 

an aerodynamic diameter smaller than 100 micrometers. 

59. “Particulate Matter Emissions” - All finely divided solid or liquid material, other than 

uncombined water, emitted to the ambient air as measured by applicable reference methods, or an 

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

Washington state implementation plan. 

60. “Parts Per Million (ppm)” - Parts of a contaminant per million parts of gas, by volume, 

exclusive of water or particulate. 

61. “Person” - Includes any individual, firm, public or private corporation, association, 

partnership, political subdivision, municipality or governmental agency. 

62. “PM-10" - Particulate matter with an aerodynamic diameter less than or equal to a nominal 10 

micrometers as measured by a reference method based on 40 CFR Part 50 Appendix J and 

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

accordance with 40 CFR Part 53. 

63. “PM-10 Emissions” - Finely divided solid or liquid material, including condensible 

particulate matter, with an aerodynamic diameter less than or equal to a nominal 10 micrometers 

emitted to the ambient air as measured by an applicable reference method, or an equivalent or 

alternate method, specified in appendix M of 40 CRF Part 51 or by a test method specified in the 

Washington state implementation plan. 

64. “Potential to Emit” - The maximum capacity of a stationary source to emit a pollutant under 

its physical and operational design. Any physical or operational limitation on the capacity of the 

source to emit a pollutant, including air pollution control equipment and restrictions on hours of 

operation or on the type or amount of material combusted, stored, or processed, shall be treated as 

part of its design only if the limitation or the effect it would have on emissions is federally 

enforceable. Secondary emissions do not count in determining the potential to emit of a 

stationary source. 

65. “Prevention of Significant Deterioration (PSD)” - The program set forth in WAC 

173-400-141. 

66. “Reasonably Available Control Technology (RACT)” - The lowest emission limit that a 

particular source or source category is capable of meeting by the application of control technology 

that is reasonably available considering technological and economic feasibility. RACT is 

determined on a case-by-case basis for an individual source or source category taking into account 

the impact of the source upon air quality, the availability of additional controls, the emission 

reduction to be achieved by additional controls, the impact of additional controls on air quality, 

and the capital and operating costs of the additional controls. RACT requirements for any source 

or source category shall be adopted only after notice and opportunity for comment are afforded. 
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67. “Regulation” - Any regulation and subsequently adopted additions or amendments thereto of 

the Restated Regulation I of Yakima County Clean Air Authority. 

68. “Residential Burning” - Burning consisting of leaves, clippings and prunings and other yard 

and gardening refuse originating on lands immediately adjacent and in close proximity to a human 

dwelling and turned on such lands by property owner or their designee. 

69. “Salvage Operation” - An operation conducted in whole, or in part, for the salvaging or 

reclaiming of any product or material. 

70. “Seasoned Wood” - Wood of any species that has been sufficiently dried so as to contain 

twenty percent (20%) moisture by weight. 

71. “Second Stage of Impaired Air Quality” - When particulate ten microns and smaller in 

aerodynamic diameter are at an ambient level of one hundred and five micrograms per cubic meter 

of air measured on a twenty-four hour average. 

72. “Significant” - In reference to a net emissions increase or the potential of a source to emit any 

of the following pollutants, a rate of emission equal to or greater than any one of the following 

rates: 

Pollutant 

Tons/Year 

Carbon monoxide ............................................................................ 100 

Nitrogen oxides ..................................................................................40

Sulfur dioxide ......................................................................................40 

Particulate matter(PM) .......................................................................25 

Fine particulate matter (PM10) ............................................................15 

Volatile organic compounds (VOC) ...................................................40 

Lead ....................................................................................................0.6 

Flourides ................................................................................................3 

Sulfuric acid mist ...................................................................................7 

Hydrogen sulfide (H2S) ........................................................................10 

Total reduced sulfur (including H2S) ...................................................10 

Municipal waste combustor organics ......................................0.0000035 

(measured as total tetra-through octa-chlorinated dibenzo-p-dioxins and dibenzofurans) 

Municipal waste combustor metals (measured as PM) .........................15 

Municipal waste combustor acid gases (measured as SO240 and hydrogen chloride) 

73. “Significant Visibility Impairment” - Visibility impairment which interferes with the 

management, protection, preservation, or enjoyment of visitor visual experience of the Class I 

area. The determination must be made on a case-by-case basis, taking into account the 

geographic extent, intensity, duration, frequency, and time of the visibility impairment, and how 
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these factors correlate with the time of visitor use of the Class I area and frequency and timing of 

natural conditions that reduce visibility. 

74. “Silvicultural Burning” - Burning on any land the Department of Natural Resources protects 

per Chapter 70.94 RCW and pursuant to Chapter 76.04 RCW. 

75. “SIP” - State Implementation Plan. 

76. “Small Business” - Any business enterprise employing twenty (20) or less persons; the 

operation of which does not present any potential hazard to public health. 

77. “Solid Fuel Burning Device” - A device that burns wood, coal, or other nongaseous or 

nonliquid fuels, which includes any device burning any solid fuel except those prohibited by WAC 

173-433-120. This also includes devices used for aesthetic or space heating purposes in a private 

residence or commercial establishment which has a heat input less than one million Btu per hour. 

78. “Source” - All of the emissions units, including quantifiable fugitive emissions, that are 

located on one or more contiguous or adjacent properties and are under the control of the same 

person or persons under common control whose activities are ancillary to the production of a 

single product or functionally related group of products. 

79. “Stack” - Any point in a source designed to emit solids, liquids, or gases into the air, 

including a pipe or duct. 

80. “Stack Height” - The height of an emission point measured from the ground-level elevation 

at the base of the stack. 

81. “Standard Conditions” - A temperature of 20oC (68oF) and a pressure of 760 mm (29.92 

inches) of mercury. 

82. “Stationary Source” - Any building, structure, facility or installation that emits or may emit 

any air contaminant. 

83. “Volatile Organic Compound (VOC)” includes: 

(a) Any such organic compound other than the following, which have been determined to 

have negligible photochemical reactivity: methane; ethane; methylene chloride 

(dichloromethane); 1,1,1-trichloroethane (methylchloroform); 1,1,1-trichloro 

1,2,2-trifluoroethane (CFC-113); tricholorfluoromethane (CFC-11); 

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

(HFC-23); 1,2-dichloro 1,1,2,2-tetrafluoroethane (CFC-114); chloropentafluoroethane 

(CFC-115); 1,1,-trifluoro 2,2-dichloroethane (HCFC-123); 1,1,1,2-tetrafluoroethane 

(HFC-134a); 1,1-dichloro 1-fluoroethane (HCFC-141b); 1-chloro 1,1-difluoroethane 

(HCFC-142b);2-chloro 1,1,1,2-tetrafjuoroethane (HCFC-124); pentafluoroethane 
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(HFC-125; 1,1,2,2-tetrafluoroethane (HFC-134); 1,1,1-trifluoroethane (HFC-143a); 

1,1-difluoroethane (HFC-152a); parpchlorobenzotrifjouride (PCBTF); cyclic, branched, or 

linear completely met; hylated siloxanes; acetone; and perfluorocarbon compounds which 

fall into these classes: 

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

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

unsaturations; and 

(iii) Sulfur containing perfluorocarbons with no unsaturations and with sulfur 

bonds only to carbon and fluorine. 

b. For the purpose of determining compliance with emission limits, VOC will be 

measured by the appropriate methods in 40 CFR Part 60 Appendix A. Where such a 

method also measures compounds with negligible photo-chemical reactivity, these 

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

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

c. As a precondition to excluding these negligibly-reactive compounds as VOC or at any 

time thereafter, ecology or the authority may require an owner or operator to provide 

monitoring or testing methods and results demonstrating, to the satisfaction of ecology or 

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

84. “Woodsmoke Control Zone” - An area located in Yakima County, Washington, as shown in 

Attachment 1, which is legally described as follows: 

Beginning at a point on a line which is herein called the Western boundary, and which line 

is a straight line drawn through the following points: 

Point A - Where the South right-of-way line of Highway 410 intersects with the North 

right-of-way line of Highway 12. 

Point B - Where the South right-of-way line of the North Fork of Ahtanum Road intersects 

with the North right-of-way line of the South Fork of Ahtanum Road. 

Which line further extends in a Southwesterly direction to a point where it intersects with the 

South boundary line of Sections 19, 20, 21, 22, 23, 24 or Township 12 North, Range 16, E.W.M. as 

such boundary line is extended both Easterly and Westerly, and thence Easterly along said South 

boundary line of said Sections as extended to the Southeast corner of Section 19, Township 12 

North, Range 18, E.W.M.; thence North along the East boundary line of said section to the 

Northeast corner thereof; thence East along the North boundary line of Sections 20, 21, 22, 23, 24, 

of Township 12 North, Range 18, E.W.M. as extended Easterly to the Northeast corner of Section 

21, Township 12 North, Range 20, E.W.M.; thence North along the East boundary line of Sections 
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16, 9 and 4 of Township 12 North, Range 20, E.W.M.: thence East to the Southeast corner of 

Section 34, Township 13 North, Range 20, E.W.M.; thence North along the Easterly boundary line 

of said Section to the intersection with the U.S. Military Reservation, Yakima Firing Center; 

thence Northerly and Westerly along the boundary line of the U.S. Military Reservation to the 

Southern boundary of Kittitas County; thence West to the Southeast corner of Section 36, 

Township 15 North, Range 18, E.W.M.; thence North to the Northeast corner of Section 24, 

Township 15 North, Range 18, E.W.M.; thence West to the Southeast corner of Section 18, 

Township 15 North, Range 18, E.W.M. thence West to the intersection of the West boundary 

line as herein described; thence Southwesterly along said West boundary line to the point of 

beginning. 

85. “Yakima Urban Area” - An area located in Yakima County, Washington, as shown in 

Attachment 2, which is legally described (Yakima City Code-Title 15A, Ord.# 10-1985) as 

follows: 

Beginning at the southwest corner of Government Lot 5, Section 17, Township 12 North, Range 

19 East W.M.; thence north along the west line of said Section 17 to the southeast corner of Section 

7. Township 12 North, Range 19 East W.M., thence west along the south line of said Section 7 to 

the southwest corner of the southeast quarter of said Section 7; thence north along the west line of 

the east half of said Section 7 to Ahtanum Creek, thence following Ahtanum Creek in a generally 

westerly direction to the west line of the southwest quarter of the south-east quarter of Section 2, 

Township 12 North, Range 18 E.M.W; thence north along said west line to the northwest corner of 

the southwest quarter of the southeast quarter of said Section 2; thence west along the east-west 

centerline of the south half of said Section 2 to the west line of said Section 2; thence continuing 

west along the east-west centerline of the south half of Section 3, Township 12 North, Range 18 

East W.M. to South 34th Avenue; thence north along South 34th Avenue to Ahtanum 

Road - thence west along Ahtanum Road to 38th Avenue; thence north along 38th Avenue to the 

north line of Section 3. Township 12 North, Range 18 East W.M.; thence west along said north line 

to the northeast corner of Section 4, Township 12 North. Range 18 East W.M.; thence continuing 

west along the north line of said Section 4 to the southeast corner of Section 33, Township 13 

North, Range 18 East W.M.; thence continuing west along the south line of said Section 33 to 64th 

Avenue; thence north along 64th Avenue to the east-west centerline of Sections 32 and 33, 

Township 13 North. Range 18 East W.M.; thence west along said east-west centerline to the 

north-south centerline of the west half of said Section 32; thence north along said north-south 

centerline to Zier Road; thence west along Zier Road to South 80th Avenue; thence north along 

South 80th Avenue to Wide Hollow Road; thence west along Wide Hollow Road to the 

north-south centerline of the east half of Section 30, Township 13 North, Range 18 East W.M.; 

thence north along said north-south centerline to the east-west centerline of said Section 30; thence 

west along said east-west centerline to the north-south centerline of the west half of said Section 

30; thence north along said north-south centerline to the Yakima Valley Canal; thence following 

the Yakima Valley Canal in a generally westerly direction to its intersection with Tieton Drive; 

thence west on Tieton Drive to 96th Avenue; thence north on 96th Avenue to the northwest corner 

of the southwest quarter of Section 19, Township 13 North, Range 18 East W.M.; thence north 

along the west section line of said Section 19 to a point 250 feet south of the northwest corner of 
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the southwest quarter of the northwest quarter of said Section 19; thence north 89°33' East to the 

Tieton Canal; thence following the Tieton Canal in a generally northeasterly direction to the 

north-south centerline of the east half of said Section 19; thence north along said north-south 

centerline to the north-south centerline of the east half of Section 18, Township 13 North, Range 

18 East W.M.; thence north along said north-south centerline of said Section 18 to the east-west 

centerline of the south half of said Section 18; thence east along said east-west centerline to the 

west line of Section 17, Township 13 North, Range 18 East W.M.; thence north along said west 

line to the east-west centerline of said Section 17; thence east along said east-west centerline to the 

east line of said Section 17; thence north along said east line to the south right-of-way line of the 

Burlington Northern Railroad, Cowiche Branch; thence following said south right-of-way line in a 

generally northeasterly direction to the north right-of-way line of State Route 12; thence following 

said north right-of-way line in a generally southeasterly direction to Cowiche Creek; thence 

following Cowiche Creek in a generally northeasterly direction to its confluence with the Naches 

River; thence following the south bank of the Naches River and the south bank of the Yakima 

River in a generally easterly dierction to the north-south centerline of the east half of Section 

12,Township 13 North, Range 18 East W.M.; thence north along said north-south centerline to 

Rest Haven Road; thence following Rest Haven Road in a generally southeasterly direction to the 

south line of Section 8, Township 13 North, Range 19 East W.M.; thence east along the south line 

of Sections 8 and 9 to the southwest corner of Lot 3 of that certain short plat recorded in Volume 

81, Page 133, Short Plat Records of Yakima County; thence continuing east 260 feet along said 

south section line; thence North 0°022'34'' east 270.51 feet; thence north 38°30'50'' east 146.66 

feet; thence north 47°30'24'' east 63.80 feet; thence north 77°58'20'' east 1,026.46 feet; thence 

north 71°00' east 255.38 feet; thence north 59°00' east to the north line of the southwest quarter

the southwest quarter of Section 10, Township 13 north, Range 19 E.W.M., thence easterly along 

said north line to the Northeast corner of said subdivision; thence southerly along the east line of 

the south-west quarter of the southwest quarter of said Section 10 to the south-east corner of said 

subdivision; thence westerly along the south line of said Section 10 to the northwest corner of 

Section 15, Township 13 North, Range 19 E.W.M., thence southerly along the west line of said 

Section 15 to the southwest corner of the northwest quarter of said Section 15; thence easterly 

along said east-west centerline to the southeast corner of the northeast quarter of said Section 15; 

thence easterly along the east-west centerline of Section 14, Township 13 North, Range 19 

E.W.M. to the northeast corner of the northwest quarter of the southwest quarter of said Section 

14; thence southerly along the north-south centerline of the west half of said Section 14 to the 

southeast corner of the southwest quarter of the southwest quarter of said Section 14; thence 

easterly along the south line of said Section 14 to the northeast corner of Section 23, Township 13 

North, Range 19 E.W.M.; thence southerly along the east line of said Section 23 to the southeast 

corner of said Section 23; thence westerly along the south lines of Sections 23, 22, 21 and 20, 

Township 13 North, Range 19 E.W.M. to the west bank of the Yakima River; thence following 

said west bank in a generally southerly direction to a point where it intersects the east right-of-way

line of Interstate Highway 82; thence westerly to the point where the west right-of-way line of said 

interstate highway intersects the south line of Government Lot 2 of Section 17, Township 12 

North, Range 19 E.W.M.; thence westerly along the south line of said Government Lot 2 and of 

Government Lot 5 of said Section 17 to the south-west corner of said Government Lot 5 and the 
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point of beginning. 

State effective: 12/15/95; EPA effective: 3/4/98

ARTICLE II - GENERAL PROVISIONS

SECTION 2.02. - CONTROL OFFICER - POWERS AND DUTIES

A. The Control Officer shall observe and enforce the provisions of state law and all orders, 

ordinances, resolutions or rules and regulations of the Authority pertaining to control and 

prevention of air pollution. 

B. The Control Officer or his duly authorized agent may make any reasonable investigation or 

study which is necessary for the purpose of enforcing this Regulation or any amendment hereto or 

controlling or reducing the amount of or kind of air contaminant. The Control Officer shall be 

required to maintain appropriate records and prepare periodic reports to the Board. 

C. For the purpose of investigating conditions specific to the control, recovery or release of air 

contaminants into the atmosphere, the Control Officer, or his duly authorized representative, shall 

have the power to enter at reasonable times upon any private or public property, excepting non 

multiple unit private dwellings housing two (2) families, or less. No person shall refuse entry or 

access to the Control Officer or his duly authorized representatives who request entry for the 

purpose of inspection, and who present appropriate credentials; nor shall any person obstruct, 

hamper or interfere with such inspection. 

D. If an authorized employee of the Authority, during the course of an inspection, desires to 

obtain a sample of air contaminant, fuel, process material or other material which affects or may 

affect the emission of air contaminants, he shall notify the owner or lessee of the time and place of 

obtaining a sample so the owner or lessee has the opportunity to take a similar sample at the same 

time and place and the authorized employee of the Authority shall give a receipt to the owner or 

lessee for the sample obtained. 

E. The Control Officer and assistants, in the performance of their duties, shall in all respects be 

subject to the direction of the Board, and shall take no action that has been prohibited by the 

Board. 

State effective: 11/18/93; EPA effective: 3/4/98

SECTION 2.03 - MISCELLANEOUS PROVISIONS

A. No person shall willfully make a false or misleading statement to the Board as to any matter 

within the jurisdiction of the Board. 

B. No person shall reproduce or alter or cause to be reproduced or altered any order, registration 
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certificate, or other paper issued by the Authority if the purpose of such reproduction or alteration 

is to evade or violate any provision of this Regulation or any other law. 

C. Any order, or registration certificate required to be obtained by this Regulation, shall be 

available on the premises designated on the order or certificate. 

D. In the event that the Authority requires a notice to be displayed, it shall be posted. No 

person shall mutilate, obstruct or remove any notice unless authorized to do so by the Board. 

State effective: 11/18/93; EPA effective: 3/4/98

SECTION 2.04 - CONFIDENTIALITY

Whenever any records or other information, other than ambient air quality data or emission 

data, are furnished to or obtained by the Yakima County Clean Air Authority under this regulation 

relates to processes or production unique to the owner or operator, or is likely to adversely affect 

the competitive position of such owner or operator of said processes or production, and the owner 

or operator of such processes or production so certifies, such records or information shall be only 

for the confidential use of the Board. Nothing herein shall be construed to prevent the use of 

records or information by the Board in compiling or publishing analysis or summaries relating to 

the general condition of the outdoor atmosphere, provided, that such analyses or summaries do not 

reveal any information otherwise confidential under the provisions of this section and, provided 

further, that emission data furnished to or obtained by the Board shall be correlated with applicable 

emission limitations and other control measures and shall be available for public inspection during 

normal business hours at the office of the Board. 

State effective: 11/18/93; EPA effective: 3/4/98

SECTION 2.05 - ADVISORY COUNCIL

The Board of the Authority may in its discretion appoint an Advisory Council to advise and 

consult with the Board and with the Control Officer in effectuating the purposes of the Regulation. 

The Board may submit to the Advisory Council recommendations for the adoption or modification 

or regulations or emission standards or other matters that it considers appropriate, but shall not be 

required to do so. 

State effective: 11/18/93; EPA effective: 3/4/98

ARTICLE III - VIOLATIONS - ORDERS AND HEARINGS

SECTION 3.01 - NOTICE OF VIOLATION - CORRECTIVE ACTION - HEARINGS 

Whenever the Board or the Control Officer has reason to believe that any provision of this 
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Regulation has been violated, the Board or Control Officer may, at least thirty days prior to the 

commencement of any formal enforcement action under Sections 8.01 and 8.02 of this Regulation, 

cause written notice to be served upon alleged violator or violators. The notice shall specify the 

provision of this Regulation alleged to be violated, and facts alleged to constitute a violation 

thereof, and may include an order directing that necessary corrective action be taken within a 

reasonable time. In lieu of an order, the Board or the Control Officer may require that the alleged 

violator or violators appear before the Board for a Hearing. 

State effective: 11/18/93; EPA effective: 3/4/98

SECTION 3.02 - FINALITY OR ORDER - APPEAL 

Any order issued by the Board or Control Officer shall become final, unless such order is 

appealed to the Pollution Control Hearings board, as provided in RCW 43.21B.

State effective: 11/18/93; EPA effective: 3/4/98

SECTION 3.03 - STAY OF ORDER PENDING APPEAL 

Any order of the Control Officer or Board shall be stayed pending final determination of 

any hearing or appeal taken in accordance with the provisions herein, unless after notice and 

hearing, the Superior Court shall determine that an emergency exists which is of such nature as to 

require that such order be in effect during the pendency of such hearing or appeal.

State effective: 11/18/93; EPA effective: 3/4/98

SECTION 3.04 - VOLUNTARY COMPLIANCE 

Nothing in this article shall prevent the Control Officer or Board from making efforts to 

obtain voluntary compliance through warning, conference or any other appropriate means. 

State effective: 11/18/93; EPA effective: 3/4/98

ARTICLE IV - REGISTRATION AND NOTICE OF CONSTRUCTION

SECTION 4.01 - REGISTRATION

A. The owner or operator of each source within the following source categories, that does not 

hold an operating permit, shall register the source with the Authority: 

1. Agricultural drying and dehydrating operations; 

2. Asphalt plants; 
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3. Beverage can surface coating operations; 

4. Bulk gasoline terminals; 

5. Cattle feed lots; for the purposes of registration a cattle feed lot is a place with facilities 

for 1,000 or more head of cattle which are kept closely confined for commercial purposes 

and substantially all feed used is delivered to them; 

6. Chemical plants; 

7. Ferrous foundries; 

8. Fertilizer plants; 

9. Flexible vinyl and urethane coating and printing operations; 

10. Grain handling, seed processing, pea and lentil processing; 

11. Metallic mineral processing plants; 

12. Mineralogical processing plants; 

13. Nonferrous foundries; 

14. Other metallurgical processing plants; 

15. Petroleum refineries; 

16. Power boilers; 

17. Pressure sensitive tape and label surface coating operations; 

18. Rendering plants; 

19. Scrap metal operations; 

20. Synthetic organic chemical manufacturing industries; 

21. Sulfuric acid plants; 

22. Synthetic fiber production facilities; 

23. Veneer dryers; 
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24. Wood waste incinerators including wigwam burners;

25. Other incinerators designed for a capacity of 100 lbs per hour or more; 

26. Stationary internal combustion engines rated at 500 h.p. or more; 

27. Sawmills, including processing for lumber, plywood, shake, shingle, pulp wood, 

insulating board, or any combination thereof. 

28. Any category of stationary sources to which a New Source Performance Standard 

(NSPS) applies. The categories as identified in the federal regulations 40 CFR Part 60 

(January 1,1993) are as follows: 

Subpart D Fossil fuel fired steam generators for which construction 

commenced after August 17, 1971, and prior to September 19, 1978, 

which have a heat input greater than 73 megawatts but not greater 

than 250 megawatts 

Subpart Da Electric utility steam generating units for which construction 

commenced after September 18, 1978, which have a heat input 

greater than 73 megawatts but not greater than 250 megawatts 

Subpart Db Industrial-commercial-institutional steam generating units for 

which construction commenced after June 19, 1984, and prior to 

June 19, 1986, which have a heat input greater than 29 megawatts 

but less than 73 megawatts 

Subpart Dc Small industrial-commercial-institutional steam generating units 

Subpart E Incinerators 

Subpart Ea Municipal waste combustors 

Subpart F Portland cement plants 

Subpart G Nitric acid plants 

Subpart H Sulfuric acid plants 

Subpart I Asphalt concrete plants 

Subpart J Petroleum refineries which produce less than 25,000 barrels per day 

of refined products 
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Subpart K Storage vessels for petroleum liquid constructed after June 11, 

1973, and prior to May 19, 1978, which have a capacity greater 

than 40,000 gallons 

Subpart Ka Storage vessels for petroleum liquids constructed after May 18, 

1978, which have a capacity greater than 40,000 gallons 

Subpart Kb Volatile organic liquid storage vessels (including petroleum liquid 

storage vessels) constructed, reconstructed, or modified after July 

23, 1984 

Subpart L Secondary lead smelters 

Subpart M Brass and bronze ingot production plants 

Subpart N Iron and steel plants 

Subpart O Sewage treatment plants 

Subpart P Primary copper smelters 

Subpart Q Primary zinc smelters 

Subpart R Primary lead smelters 

Subpart S Primary aluminum reduction plants 

Subpart T Phosphate fertilizer industry: Wet process phosphoric acid plants 

Subpart U Phosphate fertilizer industry: Superphosphoric acid plants 

Subpart V Phosphate fertilizer industry: Diammonium phosphate plants 

Subpart W Phosphate fertilizer industry: Triple superphosphate plants 

Subpart X Phosphate fertilizer industry: Granular triple superphosphate 

storage facilities 

Subpart Y Coal preparation plants 

Subpart Z Ferroalloy production facilities 

Subpart AA Steel plants: Electric arc furnaces 
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Subpart AAa Steel plants: Electric arc furnaces and argon-oxygen 

decarburization vessels 

Subpart BB Kraft pulp mills 

Subpart CC Glass manufacturing plants 

Subpart DD Grain elevators 

Subpart EE Industrial surface coating: Metal furniture 

Subpart GG Stationary gas turbines 

Subpart HH Lime manufacturing plants 

Subpart KK Lead-acid battery plants 

Subpart LL Metallic mineral processing plants 

Subpart MM Automobile and light duty truck surface coating operations 

Subpart NN Phosphate rock plants 

Subpart PP Ammonium sulfate manufacture 

Subpart QQ Publication rotogravure printing 

Subpart RR Pressure sensitive tape and label surface coating operations 

Subpart SS Industrial surface coating: Large appliances 

Subpart TT Industrial surface coating: Metal coils 

Subpart UU Asphalt processing and asphalt roofing manufacture 

Subpart VV SOCMI equipment leaks (VOC) 

Subpart WW Beverage can surface coating operations 

Subpart XX Bulk gasoline terminals 

Subpart BBB Rubber tire manufacturing industry 

Subpart DDD VOC emissions from the polymer manufacturing industry 
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Subpart FFF Flexible vinyl and urethane coating and printing 

Subpart GGG Petroleum refineries - compressors and fugitive emission sources 

Subpart HHH Synthetic fiber production facilities 

Subpart III VOC emissions from SOCMI air oxidation unit processes 

Subpart JJJ Petroleum dry cleaners 

Subpart KKK Equipment leaks of VOC from onshore natural gas processing 

plants 

Subpart LLL Onshore natural gas processing; SO2 emissions 

Subpart NNN VOC emissions from SOCMI distillation operations 

Subpart PPP Wool fiberglass insulation manufacturing plants

 

Subpart QQQ VOC emissions from petroleum refinery wastewater emissions 

Subpart SSS Magnetic tape coating facilities 

Subpart TTT Industrial surface coating: Surface coating of plastic parts for 

business machines 

Subpart VVV Polymeric coating of supporting substrates facilities: 

Note: For fossil fuel fired steam generators referenced by Subpart D and Da above, units greater 

than 250 megawatts are governed by the energy facility site. 

29. Any source which emits a contaminant subject to a National Emission Standard for 

Hazardous Air Pollutants (NESHAPS); 

30. Any major stationary source as defined below; 

"Major source" means any stationary source (or any group of stationary sources) that are 

located on one or more contiguous or adjacent properties, and are under common control of 

the same person (or persons under common control) belonging to a single major industrial 

grouping and that are described in (a), (b), or (c) of this subsection. For the purposes of 

defining "major source," a stationary source or group of stationary sources shall be 

considered part of a single industrial grouping if all of the pollutant emitting activities at 

such source or group of sources on contiguous or adjacent properties belong to the same 
TABLE 10 – ADDITIONAL REGULATIONS APPROVED FOR THE YAKIMA REGIONAL 

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major group (i.e., all have the same two-digit code) as described in the Standard Industrial 

Classification Manual, 1987. 

(a) A major source under section 112 of the FCAA, which is defined as any stationary 

source or group of stationary sources located within a contiguous area and under common 

control that emits or has the potential to emit, in the aggregate, ten tons per year (tpy) or 

more of any hazardous air pollutant which has been listed pursuant to section 112(b) of the 

FCAA, twenty-five tpy or more of any combination of such hazardous air pollutants, or 

such lesser quantity as the Administrator may establish by rule. Notwithstanding the 

preceding sentence, emissions from any oil or gas exploration or production well (with its 

associated equipment) and emissions from any pipeline compressor or pump station shall 

not be aggregated with emissions from other similar units, whether or not such units are in 

a contiguous area or under common control, to determine whether such units or stations are 

major sources; or 

(b) A major stationary source of air pollutants, as defined in section 302 of the FCAA, 

that directly emits or has the potential to emit, one hundred tpy or more of any air pollutant 

(including any major source of fugitive emissions of any such pollutant, as determined by 

rule by the Administrator). 

(c) A major stationary source as defined in part D of title I of the FCAA, including: 

(i) For ozone nonattainment areas, sources with the potential to emit one hundred 

tpy or more of volatile organic compounds or oxides of nitrogen in areas classified 

as "marginal" or "moderate," fifty tpy or more in areas classified as "serious," 

twenty-five tpy or more in areas classified as "severe," and ten tpy or more in areas 

classified as "extreme"; except that the references in this paragraph to one hundred, 

fifty, twenty-five, and ten tpy of nitrogen oxides shall not apply with respect to any 

source for which the Administrator has made a finding, under section 182(f)(1) or 

(2) of the FCAA, that requirements under section 182(f) of the FCAA do not apply; 

(ii) For ozone transport regions established pursuant to section 184 of the FCAA, 

sources with the potential to emit fifty tpy or more of volatile organic compounds; 

(iii) For carbon monoxide nonattainment areas (A) that are classified as "serious," 

and (B) in which stationary sources contribute significantly to carbon monoxide 

levels, sources with the potential to emit fifty tpy or more of carbon monoxide; and 

(iv) For particulate matter (PM-10) nonattainment areas classified as "serious," 

sources with the potential to emit seventy tpy or more of PM-10. 

31. Any of the following categories of sources which are listed in WAC 173-460-030(1): 

Standard industrial classifications: 
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CLEAN AIR AGENCY (YRCAA) JURISDICTION -- page -- 68

Major group 10-Metal mining. 

Major group 12-Bituminous coal and lignite mining. 

Major group 13-Oil and gas extraction. 

Manufacturing industries major groups 20-39. 

Major group 49-Electric, gas, and sanitary services except 4971 irrigation systems. 

Dry cleaning plants, 7216. 

General medical surgical hospitals, 8062. 

Specialty hospitals, 8069. 

National Security, 9711. 

Any Source category listed in WAC 173-490-030(1) except WAC 173-490-030 

(1)(e) Gasoline dispensing facilities. 

WAC 173-490-030(1) categories: 

a. Petroleum refineries. 

b. Petroleum liquid storage tanks. 

c. Gasoline loading terminals. 

d. Bulk gasoline plants. 

f. Surface coaters. 

g. Open top vapor degreasers. 

h. Conveyerized degreasers. 

i. Gasoline tansport tanks. 

j. Vapor collection systems. 

k. Perchloroethlene dry cleaning systems. 
TABLE 10 – ADDITIONAL REGULATIONS APPROVED FOR THE YAKIMA REGIONAL 

CLEAN AIR AGENCY (YRCAA) JURISDICTION -- page -- 69

l. Graphic arts systems. 

m. Surface coaters of miscellaneous metal parts and products. 

n. Synthesized pharmaceutical manufacturing facilities. 

o. Flatwood panel manufacturers and surface finishing facilities. 

Any of the following sources: 

Landfills. 

Sites subject to chapter 173-340 WAC Model Toxics Control Act--Cleanup 

regulation. 

B. A special report of closure shall be filed with the Authority whenever operations producing 

emissions are permanently ceased for any source listed in Section 4.01(A) above. 

C. It shall be the duty of all persons, firms or corporations engaged in the business of selling 

combustion type orchard heating devices to report to the Authority the sale of such devices 

to be installed or used anywhere within the jurisdiction of the Yakima County Clean Air 

Authority. 

The report herein provided for shall be in writing and shall be delivered to or mailed to the 

Authority within ten (10) days after such sale and shall contain the name and address of the 

purchaser and the location of the property at which such devices are to be installed or used. 

D. The owner or operator of any proposed new source shall register the source with the 

Authority. 

E. Initial registration and reporting shall be on forms supplied by the Authority within the 

time specified thereon. The forms will provide for the submission of information 

concerning locations, size and height of contaminant outlets, processes employed, nature 

of the contaminant emission and such other information relevant to air pollution as the 

Authority may require. 

After initial registration and reporting, subsequent general reports shall be filed annually 

during January on forms supplied by the Authority in accordance with the terms of the 

Pollution Disclosure Act of 1971, Chapter 160, Laws of 1971, Extraordinary Session. 

F. A separate registration shall be required for each source of contaminant provided that an 

owner or lessee has the option to register a process with a detailed inventory of 

contaminant sources and emissions related to said process and provided further than an 

owner need not make a separate registration for identical units or equipment or control 

apparatus installed, altered or operated in an identical manner on the same premises. 
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G. Each registration shall be signed by the owner or lessee or agent for such owner or lessee. 

The owner or the lessee of the source shall be responsible for the registration and the 

correctness of the information submitted. 

H. All registrants shall pay a fee for registration in accordance with the registration fee 

schedule in Article XIII, Section 13.01 of this regulation. 

State effective: 12/15/95; EPA effective: 3/4/98

SECTION 4.02 - NOTICE OF CONSTRUCTION 

A. General Requirement.

No person shall construct, install, establish or modify a new air contaminant source, except 

those sources excluded in Section 4.03 of this Regulation, without first filing with the 

Authority a "Notice of Construction, Installation or Establishment of New Air 

Contaminant Source", on forms prepared and furnished by the Authority. 

For the purpose of this section, addition to or enlargement or replacement of an air 

contaminant source, or any major alteration therein, shall be construed as construction, 

installation or establishment of a new air contaminant source. 

B. Completeness Determination.

Within thirty (30) days after the receipt of Notice of Construction application the Authority 

shall either notify the applicant in writing that the application is complete or that additional 

information is necessary. The Authority may require the submission of plans, 

specifications and such other information as it deems necessary concerning the proposed 

construction, installation and establishment of such source. 

C. Final Approval.

Within sixty (60) days of receipt by the Authority of a complete Notice of Construction 

application the Authority shall either: 

1. Issue a final decision on the application, or 

2. For those Notice of Construction application reviews subject to public notice initiate 

notice and comment on a proposed decision and issue thereafter, as promptly as possible, a 

final decision. 

D. Conditions.

Every order of approval issued pursuant to this section shall: 

1. Be reviewed prior to issuance by a professional engineer in the employ of the Authority 

or the Washington State Department of Ecology. 

2. Include a determination of whether the operation of the new air contaminant source at 
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the location proposed will cause any ambient air quality standard to be exceeded or cause a 

potential hazard to public health. 

3. Include a determination that the proposed new source will comply with all applicable 

New Source Performance Standards and National Emission Standards for Hazardous Air 

Pollutants. 

Any Notice of Construction review of a modification shall be limited to the emission unit 

or units proposed to be modified and the air contaminants whose emissions would increase 

as the result of the modification. 

Nothing in this Regulation shall be construed to authorize the Board to require the use of 

emission control equipment or other equipment, machinery or devices of any particular 

type from any particular supplier or produced by any particular manufacturer. 

Any features, machines and devices constituting parts of or called for by plans, 

specifications or other information submitted pursuant to this section shall be maintained 

and operated in good working order. 

The absence of any ordinance, resolution, rule or regulation or the failure to issue an order 

pursuant to this section shall not relieve a person from his or her obligation to comply with 

applicable emission control requirements or with any other provision of the law. 

E. Control Technology Requirements.

For new sources in nonattainment areas, Best Available Control technology (BACT) will 

be employed, except that if the new source is a major stationary source or the proposed 

modification is a major modification it will achieve the Lowest Achievable Emission Rate 

(LAER) for the contaminants for which the area has been designated nonattainment. 

For new sources in attainment or nonclassifiable areas, Best Available Control Technology 

(BACT) will be employed for all pollutants not previously emitted or whose emissions 

would increase as a result of the new source or modification. 

For an existing stationary source for which the emission control technology is replaced or 

substantially altered, but does not constitute a major modification, Best Available Control 

Technology (BACT) and reasonable operation and maintenance conditions for the control 

equipment may be required by the Authority. 

F. Notice of Completion - Notice of Violation.

The owner or applicant shall notify the Board or Control Officer of the completion of 

construction, installation or establishment and the date upon which operation will 

commence. The Board or Control Officer may, within thirty (30) days of receipt of notice 

of completion, inspect the construction, installation, or establishment, and the Board or 
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Control Officer may issue a Notice of Violation, if he finds that the construction, 

installation, or establishment is not in accord with the plans, specifications or other 

information submitted to the Authority. 

G. Temporary Sources.

For sources such as asphalt batch plants with multiple locations which locate temporarily at 

particular sites, the owner or operator shall be permitted to operate at a temporary location 

without filing a notice of construction, providing that the owner or operator notifies the 

Authority of intent to operate at the new location at least thirty (30) days prior to starting 

the operation, and supplies sufficient information to enable the Authority to determine that 

the operation will comply with the emission standards for a new source and the applicable 

ambient air standards, and if in a non-attainment area, will not interfere with scheduled 

attainment of ambient standards. The permission to operate shall be for a limited period of 

time (one year or less) and the Authority may set specific conditions for operation during 

said period which shall include a requirement to comply with all applicable emission 

standards. 

H. Public Notice.

1. Notice of Construction applications shall be subject to public notice under the following 

conditions: 

a. If otherwise required by state or federal laws or regulations; or 

b. If the proposed source would cause an annual increase of ten tons of any air 

contaminant for which the ambient air quality standards have been established; or 

c. If the Yakima County Clean Air Authority determines that such public comment would 

be appropriate. 

2. Within fifteen days of receipt of a complete application for a Notice of Construction the 

Authority shall determine whether public notice is required, and if so it shall publish notice to the 

public of an opportunity to submit written comments during a thirty (30) day period. Such public 

notice shall contain the following information: 

a. The name and address of the owner; 

b. A brief description of the proposed construction; 

c. The location at which a copy of the preliminary determination and a summary of the 

information considered in making such preliminary determination are available to the 

public. 

I. Fee Assessment.
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Any person submitting a Notice of Construction pursuant to the terms of this Regulation 

shall be assessed a fee by the Authority in accordance with the fee schedule in Article XIII, Section 

13.02 of this regulation. 

State effective: 12/15/95; EPA effective: 3/4/98

SECTION 4.03 - EXCEPTIONS TO ARTICLE IV 

Neither registration nor notice of construction shall be required for the following air 

contaminant sources: 

A. Air conditioning or ventilating systems not designed to remove contaminant generated by or 

released from equipment. 

B. Blast cleaning equipment which uses a suspension of abrasive in liquid water. 

C. Fuel burning equipment if used solely for a private dwelling serving three (3) families or less. 

D. Insecticide and herbicide spray equipment. 

E. Non-stationary internal combustion engines, including gas turbine and jet engines. 

F. Laboratory equipment used exclusively for chemical or physical analysis. 

G. Laundry driers, extractors or tumblers used exclusively for the removal of water from fabric 

. 

H. Application of surface coatings by use of an aqueous solution or suspension if used on 

external or internal walls of residential, commercial or industrial facilities. 

I. Steam cleaning equipment used exclusively for that purpose. 

J. Vacuum producing devices used in laboratory operations, and vacuum producing devices 

which do not remove or convey air contaminant from or to another source. 

K. Vents used exclusively for: 

1. Sanitary or storm drainage systems; or 

2. Safety valves; or 

3. Washing or drying equipment used for products fabricated from metal or glass, if no 

volatile organic material is used in the process. 

L. Construction of single family or duplex dwellings. 
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State effective: 11/18/93; EPA effective: 3/4/98

ARTICLE V - EMISSIONS STANDARDS AND PREVENTATIVE MEASURES

SECTION 5.01 - OUTDOOR BURNING 

Outdoor burning in Yakima County shall, unless specifically exempted in Section 5.03(D), 

be conducted only by permit issued by the local responsible jurisdiction and shall be subject to the 

limitations set forth herein. 

A. The issuance of outdoor burning permits for the following activities shall be governed by the 

Authority, local city, town or fire protection district in which such fire or fires are being conducted. 

1. Residential Burning; 

2. Outdoor burning of less than 500 tons of residue of natural character such as trees, 

stumps, shrubbery or other natural vegetation arising from land clearing projects. 

3. Agricultural burning as defined in WAC 173-430-030. 

B. The issuance of permits for the following outdoor burning shall be governed by the 

Washington State Department of Natural Resources or by federal authorities for lands under 

federal control: 

1. Abating of forest fire hazard; 

2. Prevention of fire hazard; 

3. Instruction of public officials in the method of forest fire fighting; 

4. Any silviculture operation to improve the forest lands of the state; 

5. All silvicultural burning used to promote regeneration of rare and endangered plants 

found within natural area preserves, as identified under Chapter 79.70 RCW or used to 

maintain fire dependent ecosystems for rare plants or animals within the state, federal and 

private natural park area preserves, natural resource conservation areas, parks and other 

wildlife areas. 

C. Except as set forth in subsection 5.03(D) hereof, all other outdoor burning will be governed by 

permits issued by the Yakima County Clean Air Authority. 

D. Except as set forth in subsection 5.03(D) hereof, it is a violation of these Regulations for any 

person to conduct outdoor burning without obtaining a permit from the responsible jurisdiction as 

set forth above. 
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E. Any person requesting a permit from a local responsible jurisdiction, such as local city, town, 

fire protection district, conservation district or the Authority, for an outdoor burning permit shall

pay a fee as governed by the fee schedule of that agency then in effect. The fee schedule in effect 

for the Yakima County Clean Air Authority is as shown in Article XIII, Section 13.03 of this 

regulation. 

State effective: 12/15/95; EPA effective: 3/4/98

SECTION 5.02 -REGULATIONS APPLICABLE TO ALL OUTDOOR BURNING 

A .The Regulations in this Section are applicable to all outdoor burning whether conducted under 

the jurisdiction of the Yakima County Clean Air Authority, local cities, towns, fire protection 

districts or conservation districts, or the Department of Natural Resources. 

1. It shall be unlawful for any person to ignite, cause or permit to be ignited or to suffer, 

allow or maintain any outdoor burning within the jurisdiction of any of the above 

authorities as provided in Section 5.01 and in addition thereto, it shall be unlawful and not 

within any of the exemptions of subsection 5.03(D) and Section 5.04 for any person to 

ignite, cause or permit or suffer to be ignited or allow or maintaining any outdoor burning 

within any of the jurisdictions described above as follows: 

a. Containing garbage, dead animals, asphalt, petroleum products, paints, rubber 

products, plastics, paper (other than what is necessary to start a fire), cardboard, 

treated wood, construction debris, metal, or any substance other than natural 

vegetation that normally emits dense smoke or obnoxious odors. 

b. During any forecast, alert, warning or emergency condition as defined in RCW 

70.94.715. 

c. During any impaired air quality condition as defined in RCW 70.94.473. 

B. It shall be prima facie evidence that the person who owns or controls property on which 

outdoor burning occurs has allowed or caused such open fire. 

State effective: 12/15/95; EPA effective: 3/4/98

SECTION 5.03 - REGULATIONS APPLICABLE TO ALL OUTDOOR BURNING 

WITHIN THE JURISDICTION OF THE YAKIMA COUNTY CLEAN AIR 

AUTHORITY, LOCAL CITIES, TOWNS, FIRE PROTECTION DISTRICTS AND 

CONSERVATION DISTRICTS 

A. The Yakima County Clean Air Authority finds that it is consistent with its policy of reducing 

outdoor burning to the greatest extent possible to prohibit outdoor burning in certain areas subject 

to the exceptions as set forth in subsection 5.03(D) hereof. 
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B. Except as set forth in subsection 5.03(D) hereof, no outdoor burning shall be allowed in any 

area of Yakima County, Washington which exceeds federal or state ambient air quality standards 

for pollutants emitted by outdoor burning which includes the Yakima Urban Area and the city 

limits of the city of Selah, Washington. 

C. Except as provided in subsection 5.03 (D) hereof, outdoor burning shall not be allowed in any 

urban growth area as defined in RCW 36.70(a).030 and RCW 36.70(a).110, or in any city in the 

Authority's jurisdiction having a population greater than 10,000 persons if: 

1. Such areas threaten to exceed state or federal air quality standards, and; 

2. Alternative disposal practices consisting of a good solid waste management plan are 

reasonably available or practices eliminating production of organic refuse are reasonably 

available. 

D. Outdoor burning shall be allowed without permit for: 

1. Small outdoor fires on an occasional basis for ceremonial, religious, or cooking 

purposes or like social purposes; 

2. Fires from barbecues, flares, torches, gas burners, incense burners and insect pots. 

3. Structure fires for instruction in methods of fire fighting, conducted by fire districts or 

city fire department or any government controlled fire fighting agency, and outside any 

urban growth area as defined in RCW 36.70(a).030 and RCW 36.70(a).110, if all of the 

following conditions are met: 

a. The fire conforms with any other permits, licenses, or approvals that are 

required; 

b. The fire is not located in an area that is declared to be in an air pollution episode 

or any state of an impaired air quality as defined in RCW 70.,94.715 and 70.94.473; 

c. Nuisance laws are applicable to the fire, including nuisances related to the 

unreasonable interference with the enjoyment of life and property and the 

depositing of particulate matter or ash on other property; 

d. Notice of the fire is provided to the owners of property adjoining the property 

where the fire will occur, to the persons who potentially will be impacted by the 

fire; 

e. Each structure that is proposed to be set on fire must be identified specifically 

as a structure to be set on fire. Each other structure on the same parcel of property 
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that is not proposed to be set on fire must be identified specifically as a structure 

that is not proposed to be set on fire; and 

f. Before setting a structure on fire, a good faith inspection is conducted to 

determine if materials containing asbestos are present, the inspection is 

documented in writing and forwarded to the authority, and asbestos that is found is 

removed prior to the burning. 

State effective: 12/15/95; EPA effective: 3/4/98

SECTION 5.04 - REGULATIONS APPLICABLE TO PERMITS ISSUED BY THE 

YAKIMA COUNTY CLEAN AIR AUTHORITY FOR ALL OTHER OUTDOOR 

BURNING

A. Outdoor burning permits will be issued by the Yakima County Clean Air Authority pursuant 

to restrictions and limitations on outdoor burning as set forth in these Regulations as follows: 

1. Except as set forth in Section 5.03(D) hereof, agricultural burning to control diseases 

and insects or developments of physiological conditions conducive to increase crop yield. 

a. All applications for permits to set fire for such agricultural burning shall be 

acted upon by the Authority within seven (7) days from the date such application is 

filed. 

b. When burning is necessary to control disease or insect infestation and 

alternative methods are not available and the Yakima County Agricultural 

Extension Agency so certifies. 

2. Except as set forth in Section 5.03 (D) hereof, instruction in methods of firefighting 

conducted by fire districts or city fire departments or any government controlled fire 

fighting agency. 

B. Permits issued for burning under this Section shall be drafted to minimize emissions, 

including denial of permission to burn during periods of adverse meteorological conditions. 

C. All permits issued by the Authority will contain conditions to insure that public interest in air, 

water and land pollution and safety to life and property is fully considered and will be designed to 

minimize air pollution as practicable. 

D. All applications for permits must demonstrate that the setting of fires as requested is the most 

reasonable procedure to follow in safeguarding life and property and no other reasonable 

alternative (as defined in the WAC 173-425) is available to successfully carry out the enterprise in 

which the applicant is engaged. 

State effective: 12/15/95; EPA effective: 3/4/98
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SECTION 5.05 - ADDITIONAL RESTRICTIONS ON OUTDOOR BURNING 

All outdoor burning conducted pursuant to this Regulation shall be conducted between the 

hours of sunrise and sunset, except that burning for pest or disease control or for land clearing 

purposes, and of which the combustible material consists primarily of wood more than twelve (12) 

inches in diameter, may be conducted after sunset, but such fires shall not be ignited or fed after 

12:00 noon on any day they are ignited. For the purpose of this provision a fire shall be deemed 

to be out and extinguished when there is not a visible flame coming from the fire. 

A. No open burning shall be conducted when the Control Officer, acting on guidelines for 

air quality control which are hereafter established by the Board, has prohibited such 

burning by a curtailment call or Ecology has declared an Air Pollution Episode. 

1. Any person or entity responsible for an open fire shall immediately proceed to 

extinguish such fire to prevent visible smoke when notified of the existence of an 

air pollution episode by any of the means set forth hereafter. Notice will be 

deemed sufficient to the public for all purposes of these Regulations after three (3) 

hours have elapsed from the time such notice has been delivered to and published 

by a newspaper of general circulation in the area where such limitation applies, or 

has been delivered to and broadcasted by a radio or television station serving the 

area, for a small fire and ten (10) hours for the remaining fires. 

B. Any person responsible for fires set in accordance with this Section must abide by all 

rules and procedures set by other agencies having any jurisdiction over the practice of open 

burning. 

State effective: 12/15/95; EPA effective: 3/4/98

SECTION 5.06 - GENERAL STANDARDS FOR MAXIMUM PERMISSIBLE 

EMISSIONS 

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 will take precedent over a general emission standard listed in this chapter. When 

two or more emissions units are connected to a common stack and the operator elects not to 

provide the means or facilities to sample emissions from the individual emissions units, and the 

relative contributions of the individual emissions units to the common discharge are not readily 

distinguishable, then the emissions of the common stack must meet the most restrictive standard of 

any of the connected emissions units. Further, all emissions units are required to use reasonably 

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

categories to be more stringent than the applicable emission limitations of any chapter of Title 173 

WAC. Where current controls are determined to be less than RACT, ecology or the authority 

shall, on a case-by-case basis, define RACT for each source or source category and issue a 

regulatory order to the source or sources for installation of RACT. 
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A. Visible Emissions. 

No person shall cause or permit visible plume from any source that exceeds twenty percent 

(20%) opacity for three minutes in any one hour period except: 

1. When the emissions occur due to soot blowing/grate cleaning and the operator can 

demonstrate that the emissions will not exceed twenty percent (20%) opacity for more than 

fifteen minutes (15) in any eight (8) consecutive hours. The intent of this provision is to 

permit the soot blowing and grate cleaning necessary to the operation of boiler facilities. 

This practice, except for testing and trouble shooting, is to be scheduled for the same 

approximate times each day and the Authority be advised of the schedule. 

2. When the owner or operator of the source supplies valid data to show that the opacity 

exceeds twenty percent (20%) as the result of the presence of condensed water droplets. 

The concentration of particulate matter as shown by a source test approved by the 

Authority must be less than one-tenth (0.1) grains per dry standard cubic foot. For 

combustion emissions the exhaust gas volume shall be corrected to seven percent (7%) 

oxygen. 

3. As provided for in WAC 173-433-110 "Opacity Standards For Solid Fuel Burning 

Devices". 

B. Preventing particulate matter from becoming airborne. 

No person shall cause or permit the emission of particulate matter from any source which is 

transported or becomes deposited beyond the property under direct control of the owner or 

operator of the source in sufficient quantity to interfere unreasonably with the use and enjoyment 

of the property upon which the material was transported or deposited. 

C. Material handling. 

No person shall cause or permit material handling without taking reasonable precautions to 

prevent the release of contaminants to the ambient air. 

D. Odor. 

Any person who shall cause or allow the generation of any odor from any source which 

may unreasonably interfere with an adjoining property owner's use and enjoyment of his property 

must use recognized good practice and procedure to reduce these odors to a reasonable minimum. 

E. Air contaminants or water vapor detrimental to persons or property. 

No person shall cause or permit the emission of any air contaminant or water vapor from 

any source, including any air contaminant whose emission is not otherwise prohibited by this 

Regulation, if the air contaminant or water vapor causes detriment to the health, safety, or welfare 

of any person, or causes damage to property or business. 

F. Sulfur dioxide. 
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1. No person shall cause or permit the emission of a gas containing sulfur dioxide in 

excess of 1,000 parts per million (ppm). 

2. All concentrations of sulfur dioxide referred to above are by volume, dry standard 

conditions, and for combustion emissions the exhaust gas volume shall be corrected to 

seven percent (7%) oxygen and based on the average of any period of sixty consecutive 

minutes. 

G. Concealment and masking. 

No person shall cause or permit the installation or use of any device, or the use of any 

means which, without resulting in a reduction in the total amount of air contaminant emitted, 

conceals an emission of an air contaminant which would otherwise violate any provisions of this 

chapter. 

H. Fugitive dust sources. 

1. The owner or operator of a source of fugitive dust shall take reasonable precautions to 

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

minimize emissions. 

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

identified as a significant contributor to a Category I PM-10 area shall be required to use 

reasonably available control technology to control emissions. Significance will be 

determined by the definition found in 40 CFR Part 51, Appendix S, as amended July 1, 

1990. 

I. No person shall hereafter sell or install within the jurisdiction of the Yakima County Clean Air 

Authority any continuous, stationary air contaminant source in which the air contaminant emitted 

therefrom cannot be restricted to the standards as set forth in Sections 5.06(A) and 5.08. 

J. The density or opacity of an air contaminant shall be measured at the point of its emission, 

except when the point of emission cannot be readily observed it may be measured at an observable 

point on a plume nearest the point of emission. 

State effective: 12/15/95; EPA effective: 3/4/98

SECTION 5.07 - MINIMUM EMISSION STANDARDS FOR COMBUSTION AND 

INCINERATION SOURCES 

A. No person shall cause or permit visible plume from any combustion or incineration source that 

exceeds twenty percent (20%) opacity for three (3) minutes in any one (1) hour period or cause or 

permit an emission of particulate matter in excess of the standard set forth in Section 5.08. 
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B. For all incinerator sources, no person shall cause or permit emissions in excess of 100 ppm of 

total unburned hydrocarbons as measured by applicable EPA methods or acceptable procedures 

contained in "Source Test Manual Procedure for Compliance Testing", State of Washington, 

Department of Ecology on file with the Authority or Ecology. Incinerators shall be operated only 

during daylight hours unless written permission to operate at other times is received from the 

Authority. 

C. Stated concentrations for combustion and incineration sources will be determined after the 

volumes are corrected to seven percent (7%) oxygen.

D. All incinerators designed to burn twelve tons per day of materials shall be subject to the 

standards set forth in WAC 173-434. 

E. No person shall cause or permit emissions in excess of Section 5.08. 

State effective: 12/15/95; EPA effective: 3/4/98

SECTION 5.08 - MINIMUM EMISSION STANDARDS FOR GENERAL PROCESS 

SOURCES

General Process Units are required to meet all applicable provisions of Section 5.06. No 

person shall cause or permit the emission of particulate matter from any general process operation 

in excess of one tenth (0.10) grains per standard cubic foot of dry exhaust gas as tested in 

accordance with 40 CFR Part 60 Appendix A, Method 5, "Determination of Particulate Emissions 

from Stationary Sources".

State effective: 12/15/95; EPA effective: 3/4/98

SECTION 5.10 - SENSITIVE AREA DESIGNATION 

In order to control the emission of air contaminants in a manner which takes into account 

the severity of the air pollution problem in the different areas in which the sources are, or may be 

located, the Authority, after public hearing upon due notices to all interested parties, may designate

sensitive areas. Designation of such areas shall be based on a consideration of present and 

predicted ambient air quality; population density and trends; distance of sources from public roads; 

recreational areas and areas of human habitation; topographic and meteorological conditions and 

other pertinent variables. Sources within a designated sensitive area shall be subject to more 

stringent standards or compliance schedule than sources located outside such areas. This section 

applies only to those geographical areas and source categories under the direct jurisdiction of the 

Authority. 

State effective: 6/20/94; EPA effective: 3/4/98

SECTION 5.11 - MONITORING AND SPECIAL REPORTING
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A. Monitoring. 

The Authority shall conduct a continuous surveillance program to monitor the quality of 

the ambient atmosphere as to concentrations of air contaminants as approved by the Board. 

As part of this program, the Authority or its authorized representative may require any 

source under the jurisdiction of the Authority to conduct stack and/or ambient air monitoring, and 

to report the results to the Authority. 

B. Investigation of conditions. 

The Control Officer or an authorized representative shall have authority to investigate 

conditions as set forth in Section 2.02(C). Investigation shall be for the purpose of determining 

the control, recovery or release of air contaminants into the atmosphere. 

C. Source testing. 

In order to demonstrate compliance with this Regulation, the Authority or its authorized 

representative may require that a test be conducted of the source using approved EPA methods 

from 40 CFR 60 Appendix A on file at the Authority or Ecology. The operator of a source may 

be required to provide the necessary platform and sampling ports to perform a test of the source. 

The Authority shall be allowed to obtain a sample from any source. The operator of the source 

shall be given an opportunity to observe the sampling and to obtain a sample at any time. 

D. Report of breakdown or upset condition. 

If an equipment breakdown or upset condition occurs resulting in emissions in excess of 

applicable limits set by this Regulation or resulting in emissions which violate an applicable 

compliance schedule, the owner or operator of the affected source shall take immediate corrective 

action and shall report such breakdown to the Authority by the next working day after the 

breakdown occurs. 

An initial breakdown or upset condition shall not be subject to penalties for emissions in 

excess of the limits set by this chapter, providing the owner or operator complies with the 

provisions of this subsection and providing the breakdown or upset was not the result of gross 

negligence. If an extended time period is required to complete the corrective action, the 

Authority or its authorized representative may require that the operation be curtailed or shutdown. 

Repeated breakdowns may be subject to all penalties authorized by law. The Authority or its 

authorized representative may issue regulatory orders specifying maintenance and operating 

procedures. 

E. Continuous Monitoring and Recording. 

Owners and operators of the following categories of stationary sources shall install, 

calibrate, maintain and operate equipment for continuously monitoring and recording those 

emissions specified. The exceptions listed for the following categories do not apply if the 

continuous emission monitoring is required by the SIP. 
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1. Fossil fuel-fired steam generators. 

a. Opacity, except where: 

1. Steam generator capacity is less than 250 million BTU per hour heat 

input, or 

2. Only gaseous fuel is burned. 

b. Sulfur dioxide, except where: 

1. Steam generator capacity is less than 250 million BTU per hour heat 

input, or 

2. Sulfur dioxide control equipment is not required. 

c. Percent oxygen or carbon dioxide where such measurements are necessary for 

the conversion of sulfur dioxide continuous emission monitoring data. 

d. 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 (30%), as reported to 

the Federal Power Commission for the calendar year 1974, or as otherwise 

demonstrated to the Authority by the owner or operator. 

2. Sulfuric acid plants. 

Sulfur dioxide where production capacity is more than three hundred (300) tons per 

day, expressed as one hundred percent (100%) acid, except for those facilities where 

conversion to sulfuric acid is utilized primarily as a means of preventing emissions to the 

atmosphere of sulfur dioxide or other sulfur compounds. 

3. Fluid bed catalytic cracking units catalyst regenerators at petroleum refineries. 

a. Opacity where fresh feed capacity is more than 20,000 barrels per day. 

4. Wood residue fuel-fired steam generators. 

a. Opacity, except where: 

1. Steam generator capacity is less than 100 million BTU per hour heat 

input. 

b. Continuous monitoring equipment. 

The requirements of Section 5.11(E)(5) do not apply to wood residue 
TABLE 10 – ADDITIONAL REGULATIONS APPROVED FOR THE YAKIMA REGIONAL 

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fuel-fired steam generators, but continuous monitoring equipment shall be subject 

to approval by the Authority. 

5. Owners and operators of those sources required to install continuous monitoring 

equipment under this Regulation or the SIP shall demonstrate to the Authority compliance 

with the equipment and performance specifications, and observe the reporting 

requirements, contained in Title 40, Code of Federal Regulations, Part 51, Appendix P, 

Section 3, 4, and 5, promulgated on October 6, 1975, which is by this reference adopted 

and incorporated herein. 

F. All sources subject to this Regulation shall procure and install equipment and commence 

monitoring and recording activities no later than eighteen (18) months after adoption of this 

Regulation by the Authority. Any extension to this time requirement shall be negotiated through 

the variance procedure of WAC 173-400-150. 

G. Special considerations. 

If or reason of physical plant limitations or extreme economic situations, the Authority 

determines that continuous monitoring is not a reasonable requirement, alternative monitoring and 

reporting procedures will be established on an individual basis. These will generally be of the 

form of stack tests conducted at a frequency sufficient to establish the emission levels over time 

and to monitor deviations in these levels. 

H. Exemptions. 

Subsection 5.11(E) does not apply to any source which is: 

1. Subject to a New Source Performance Standard. 

2. Not subject to an applicable Emission Standard. 

I. Monitoring system malfunctions. 

A source may be temporarily exempted from the monitoring and reporting requirements of 

this Regulation during periods of monitoring system malfunctions provided that the source owner 

or operator shows to the satisfaction of the Authority that the real malfunction was unavoidable 

and is being repaired as expeditiously as practicable. 

J. Emission inventory. 

The owner(s) or operator(s) of any air contaminant source shall submit an inventory of 

emissions from the source each year. The inventory may include stack and fugitive emissions of 

particulate matter, PM-10, sulfur dioxide, carbon monoxide, total reduced sulfur compounds 

(TRS), flourides, lead, VOCs, and other contaminants, and shall be submitted (when required) no 

later than one hundred five (105) 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. 
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K. Change in raw materials or fuels. 

Any change or series of changes in raw material or fuel which will result in a cumulative 

increase in emissions of sulfur dioxide of forty (40) tons per year or more over that stated in the 

initial inventory required by WAC 173-400-105(1) shall require the submittal of sufficient 

information to Ecology or the Authority to determine the effect of the increase upon ambient 

concentrations of sulfur dioxide. Ecology or the Authority may issue regulatory orders requiring 

controls to reduce the effect of such increases. Cumulative changes in raw material or fuel of less 

than 0.5 percent increase in average annual sulfur content over the initial inventory shall not 

require such notice.

State effective: 12/15/95; EPA effective: 3/4/98

SECTION 5.12 - PREVENTIVE MEASURES

A. No person shall cause, let, allow, permit or suffer particulate matter to be stored, handled, or 

transported without taking reasonable precautions to prevent air pollution. 

B. No person shall cause, let, allow, permit, or suffer a building or its appurtenances or road to be 

constructed, altered, repaired or demolished without taking reasonable precautions to prevent air 

pollution. 

C. Nothing in this Regulation shall be construed to impair any cause of action or legal remedy 

therefore of any person, or the public, or the injury or damage arising from the emission from any 

air contaminant in such place, manner or concentration as to constitute air pollution or a common 

law nuisance. 

D. Any person engaged in the construction, repair, remodeling or demolishing of any building, or 

engaging in any road construction or repair within any incorporated town or city in Yakima 

County, Washington, or within an area of one (1) mile of the city limits of the city of Yakima, 

Washington, or within one-quarter (1/4) of a mile of the city limits of any other town or city in 

Yakima County, Washington, shall take such measures as are reasonably necessary to reduce air 

pollution, including the use of water and the sprinkling of water to control dust so that the same is

not emitted and deposited upon the property of others in quantities which unreasonably interfere 

with the enjoyment of their property. No work as above defined shall be commenced without 

having water available at the job site in sufficient quantities to control air pollution at the time of 

commencement of such work. 

State effective: 11/18/93; EPA effective: 3/4/98

ARTICLE VIII - PENALTY AND SEVERABILITY 

SECTION 8.01 - PENALTY FOR VIOLATION 

A. Any person who knowingly violates any of the provisions of these Regulations or any 

ordinance, resolution, statute or regulation in force pursuant thereto shall be guilty of a crime and 
TABLE 10 – ADDITIONAL REGULATIONS APPROVED FOR THE YAKIMA REGIONAL 

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upon conviction thereof shall be punished by a fine of not more than Ten Thousand Dollars 

($10,000) or by imprisonment in the county jail for not more than one (1) year, or both. 

B. Any person who negligently releases into the ambient air any substance listed by the 

Department of Ecology as a hazardous air pollutant other than in compliance with the terms of an 

applicable permit or emission limit, and who at the time negligently places another person in 

imminent danger of death or substantial bodily harm shall be guilty of a crime and shall, upon 

conviction, be punished by a fine of not more than Ten Thousand Dollars ($10,000) or by 

imprisonment for not more than one (1) year, or both. 

C. Any person who knowingly releases into the ambient air any substance listed by the 

Department of Ecology as a hazardous air pollutant, other than in compliance with the terms of an 

applicable permit or emission limit, and who knows at the time that he or she thereby places 

another person in imminent danger of death or substantial bodily harm shall be guilty of a crime 

and shall, upon conviction, be punished by a fine of not more than Fifty Thousand Dollars 

($50,000) or by imprisonment for not more than five (5) years, or both. 

D. Any person who knowingly fails to disclose a potential conflict of interest under RCW 

70.94.100 shall be guilty of a gross misdemeanor and upon conviction thereof shall be punished by 

a fine of not more than Five Thousand Dollars ($5,000). 

State effective: 11/18/93; EPA effective: 3/4/98

SECTION 8.02 - ADDITIONAL OR ALTERNATIVE PENALTIES 

A. In addition to or as an alternate to any other penalty provided by law, any person who violates 

the provisions of Chapter 70.94 RCW, Chapter 70.120 RCW, or any of the rules and regulations 

the Yakima County Clean Air Authority may enforce under such Chapters of the Revised Code of 

Washington may incur a civil penalty in an amount not to exceed Ten Thousand Dollars ($10,000) 

per day for each violation. Each such violation shall be a separate and distinct event, and, in the 

case of a continuing violation, each days continuance shall be a separate and distinct violation. 

Any person who fails to take action as specified by an order issued pursuant to this Chapter 

shall be liable for a civil penalty of not more than Ten Thousand Dollars ($10,000) per day for each 

day of continued noncompliance. 

B. Penalties incurred but not paid shall accrue interest beginning on the ninety-first (91st) day 

following the date that the penalty becomes due and payable at the highest rate allowed by RCW 

19.52.020 on the date that the penalty becomes due and payable. If violations or penalties are 

appealed interest shall not begin to accrue until the thirty-first (31st) day following the final 

resolution of the appeal. 

C. Each act of commission or omission which procures, aids or abets the violation described 

herein shall be considered a violation under the provisions of this section and subject to the same 

penalty. The penalties provided in this section shall be imposed pursuant to RCW 43.12(B).300. 
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D. In addition to the other penalties provided above, any person knowingly under-reporting 

emissions or other information used to set fees or persons required to pay emissions or permit fees 

who are more than ninety (90) days late with such payments may be subject to a penalty equal to 

three (3) times the amount of the original fee owed. 

E. All penalties recovered under this section by the Authority shall be paid into the treasury of the 

Authority and rendered into its funds. 

F. In addition to the other provisions of this Section, a specific Civil Penalty may be imposed in 

violation of other Sections of this Regulation in accordance to the following schedule: (see page 

8-3) 

G. Public or private entities that are recipients or potential recipients of department grants, 

whether for air quality related activities or not, may have such grants rescinded or withheld by the 

department for failure to comply with provisions of this chapter. 

Section Violated 

Civil Penalty per Written Notices Issued 

First Second * Third * Subsequent 

SECTION 2.03 - 

Miscellaneous Provisions 

$100 to 

$1,000 

$2,000 to 

$3,000 

go to 

Subsequent 

Up to 

$10,000 

SECTION 4.01 - 

Registration 

$50 to $500 $1,000 to 

$3,000 

go to 

Subsequent 

Up to 

$10,000 

SECTION 4.02 - Notice of 

Construction 

$50 to $500 $1,000 to 

$3,000 

go to 

Subsequent 

Up to 

$10,000 

SECTION 5.01 - Outdoor 

Burning 

Warning to 

$25 

$25 to $50 $50 to $100 Up to 

$10,000 

SECTION 5.02 - 

Regulations Applicable to 

All Outdoor Burning 

$25 to $500 Up to $1,000 Up to 

$2,000 

Up to 

$10,000 

SECTION 5.03 - 

Regulations Applicable to 

All Outdoor Burning within 

the Jurisdiction of the 

YCCAA, Local Cities, 

Towns, Fire Protection 

Districts and Conservation 

Districts 

Warning to 

$25 

$25 to $50 $50 to $100 Up to 

$10,000 
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SECTION 5.04 - 

Regulations Applicable to 

Permits Issued by YCCAA 

for All Other Outdoor 

Burning 

$25 to $500 Up to $1,000 Up to 

$2,000 

Up to 

$10,000 

SECTION 5.05 - Additional 

Restrictions on Outdoor 

Burning 

$25 to $500 Up to $1,000 Up to 

$2,000 

Up to 

$10,000 

SECTION 5.06 - General 

Standards for Maximum 

Permissible Emissions 

$50 to $500 

or Warning to 

$25 

Up to $1,000 

or $25 to $50 

Up to 

$2,000 or 

$50 to $100 

Up to 

$10,000 

SECTION 5.07 - Minimum 

Emission Standards for 

Combustion and 

Incineration Sources 

$50 to $500 Up to $1,000 Up to 

$2,000 

 Up to 

$10,000 

SECTION 5.09 - Minimum 

Standards or Procedures for 

Certain Source Categories 

$50 to $500 

or Warning to 

$25 

Up to $1,000 

or $25 to $50 

Up to 

$2,000 or 

$50 to $100 

Up to 

$10,000 

SECTION 5.12 - Preventive 

Measures 

$50 to $500 Up to $1,000 Up to 

$2,000 

 Up to 

$10,000 

ARTICLE IX - Woodstoves 

and Fireplaces 

$50 to $500 

or Warning to 

$25 

Up to $1,000 

or $25 to $50 

Up to 

$2,000 or 

$50 to $100 

Up to 

$10,000

* Civil Penalty suspended from the previous Written Notice may be added. 

State effective: 12/15/95; EPA effective: 3/4/98

SECTION 8.03 - ASSURANCE OF DISCONTINUANCE 

As an additional means of enforcing these Regulations, the Board may accept an assurance 

of discontinuance of any act or practice deemed in violation of this Regulation, from any person 

engaging in, or who has engaged in, such act or practice. Any such assurance shall specify a time 

limit during which such discontinuance is to be accomplished. Failure to perform the terms of 

any such assurance shall constitute prima facie proof of a violation of these Regulations, or order 

issued pursuant hereto, which make the alleged act or practice unlawful for the purpose of securing 

any injunction or other relief from the Superior Court as provided in RCW 70.94.425. 

State effective: 11/18/93; EPA effective: 3/4/98
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SECTION 8.04 - RESTRAINING ORDER - INJUNCTIONS 

Notwithstanding the existence or use of any other remedy, whenever any person has 

engaged in, or is about to engage in, any acts or practices which constitute or will constitute a 

violation of any provision of these Regulations or order issued thereunder, the Board, after 

providing notice to such person and an opportunity to comply, may petition the Superior Court of 

the county wherein the violation is alleged to be occurring or to have occurred for a restraining 

order or a temporary or permanent injunction or other appropriate order. 

State adoptive: 11/18/93; EPA effective: 3/4/98

SECTION 8.05 - SEVERABILITY 

If any phrase, clause, subsection, or section of this Regulation shall be declared 

unconstitutional or invalid by any court of competent jurisdiction to any person shall be 

conclusively presumed that the Board of Directors would have enacted this Regulation without the 

phrase, clause, subsection, or section so held unconstitutional or invalid and the remainder of the 

Regulation shall not be affected as a result of said part being held unconstitutional or invalid, nor 

shall that provision be affected by other persons or circumstances. 

State adoptive: 12/15/95; EPA effective: 3/4/98

ARTICLE IX - WOODSTOVES AND FIREPLACES

SECTION 9.01 - POLICY

Without limiting the power of the Yakima County Clean Air Authority or its Director or 

Agents, the Authority states that it shall be its policy, to the extent that it is compatible with the

enforcement of the regulations, to instruct and educate the public and violators of the hazards to 

health caused by wood smoke, and to authorize educational materials concerning those dangers. 

State effective: 11/18/93; EPA effective: 3/4/98

SECTION 9.02 - OPACITY

No person owning, operating or in control of a residential solid fuel burning device shall 

cause, allow or discharge to the ambient air any emissions from such device which are of an 

opacity greater than twenty percent (20%) except for the purposes of public education, then the 

opacity level shall not be greater than ten percent (10%). 

State effective: 11/18/93; EPA effective: 3/4/98

SECTION 9.03 - PROHIBITIVE FUEL TYPES 

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

A. Garbage; 

B. Treated Wood; 

C. Plastic Products; 

D. Rubber Products; 

E. Animals; 

F. Asphaltic Products; 

G. Waste Petroleum Products; 

H. Paints, or; 

I. Any substance other than Seasoned Wood Fuel which normally emits dense smoke or 

obnoxious odors. 

State effective: 11/18/93; EPA effective: 3/4/98

SECTION 9.04 - LIMITATIONS OF SALES OF SOLID FUEL BURNING DEVICES

A. After January 1, 1992, no used solid fuel burning devices shall be installed in new or existing 

buildings unless such device is either Oregon Department of Environment Quality Phase II or EPA 

certified, or a pellet stove either certified or exempt from certification by the EPA or a fireplace 

furnace with a letter of exemption from the Washington State Department of Ecology and the 

United States Environmental Protection Agency. 

B. Solid Fuel Burning Devices. 

After January 1, 1995, a person shall not advertise to sell, offer to sell, sell, bargain, 

exchange, or give away a solid fuel burning device unless it has been certified and labeled in 

accordance with procedures and criteria specified in "40 CFR 60 Subpart AAA - Standards of 

Performance for Residential Wood Heaters" as amended through July 1, 1990, and meets the 

following particulate air contaminant emission standards and the test methodology of the EPA in 

effect on January 1, 1991, or an equivalent standard under any test methodology adopted by the 

EPA subsequent to such date: 

1. Two and one-half (2 1/2) grams per hour for catalytic wood stoves; and 

2. Four and one-half (4 1/2) grams per hour for all other solid fuel burning devices. 

3. For purposes of this subsection, "equivalent" shall mean the emissions limits specified 
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in this subsection multiplied by a statistically reliable conversion factor determined by 

ecology that relates the emission test results from the methodology established by the EPA 

prior to May 15, 1991, to the tests results from the methodology subsequently adopted by 

that agency. 

C. Fireplaces.

After January 1. 1997, a person shall not advertise to sell, offer to sell, sell, bargain, 

exchange, or give away a factory built fireplace unless it meets the 1990 EPA standards for wood 

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

Subsection 9.04(A) shall not apply to fireplaces, including factory built fireplaces, and masonry 

fireplaces. 

D. Persons selling new solid fuel heating devices shall distribute and verbally explain 

educational materials to customers purchasing new wood stoves describing when a stove can and 

cannot be legally used. 

E. Exemptions 

The following solid fuel devices shall be exempt from the requirements of Section 9.04(B): 

- Boilers; 

- Furnaces; 

- Cookstoves. 

State effective: 12/15/95; EPA effective: 3/4/98

SECTION 9.05 - PROHIBITION OF VISIBLE EMISSIONS DURING AIR 

POLLUTION EPISODES 

A. Any person in a residence or commercial establishment which has an adequate source of heat 

other than a solid fuel burning device shall: 

1. Not use any solid fuel burning device whenever the Department of Ecology or the 

Authority has determined under RCW 70.94.715 that any Air Pollution Episode exists in 

that area. 

2. Not use any solid fuel burning device except those which are either Oregon 

Department of Environmental Quality Phase II or United States Environmental Protection 

Agency certified or certified by the Department of Ecology under RCW 70.94.457 (1) or a 

pellet stove either certified or issued an exemption by the United States Environmental 

Protection Agency in accordance with Title 40, Part 60 of the Code of Federal 

Regulations in the geographic area and for the period of time that a first stage of impaired 

air quality has been determined by the Department of Ecology or by the Yakima County 

Clean Air Authority. The geographic area affected by a first stage of impaired air quality 

is the Woodsmoke Control Zone as defined in Section 1.03 (84). A first stage of impaired 

air quality is reached when particulates ten microns and greater in diameter are at an 
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ambient level of 75 micrograms per cubic meter measured on a 24 hour average or when 

CO is at an ambient level of 8 parts of contaminant per million parts of air by volume 

measured on an 8 hour average. 

3. Not use any solid fuel burning device, including those that meet the standards set forth 

in RCW 70.94.457, in any geographic area for the period of time that a second stage of 

impaired air quality has been determined by the Department of Ecology or the Yakima 

County Clean Air Authority. The geographic area affected by a second stage of impaired 

air quality is the Woodsmoke Control Zone as defined in Section 1.03 (84). A second 

stage of impaired air quality is reached when particulates ten microns and smaller in 

diameter are at an ambient level of 90 micrograms per cubic meter measured on a 24 hour 

average or when CO is at an ambient level of 8 parts of contaminant per million parts of 

air by volume measured on an 8 hour average. 

State effective: 12/15/95; EPA effective: 3/4/98

ARTICLE XII - ADOPTION OF STATE AND FEDERAL REGULATIONS

SECTION 12.01 - STATE REGULATIONS 

The Yakima County Clean Air Authority hereby adopts by reference and incorporates 

herein, as if specifically set forth herein, all of the terms and provisions of the Washington State 

Administrative Code as identified below, except as the same may be less stringent than the 

provisions of this Regulation of the Yakima County Clean Air Authority: 

Chapter 173-400 WAC General Regulations for Air Pollution Sources: 

Chapter 173-401 WAC Operating Permit Regulation; 

Chapter 173-425 WAC Open Burning; 

Chapter 173-430 WAC Agricultural Burning: 

Chapter 173-433 WAC Solid Fuel Burning Device Standards; 

Chapter 173-434 WAC Solid Waste Incineration Facilities; 

Chapter 173-435 WAC Emergency Episode Plans; 

Chapter 173-470 WAC Ambient Air Quality Standards For Particulate Matter; 

Chapter 173-474 WAC Sulphur Oxide Standards; 

Chapter 173-475 WAC Photochemical Oxidant, Hydrocarbons, Nitrogen Dioxide (Ambient 

Standards); 
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Chapter 173-460 WAC Controls for New Sources of Toxic Air Pollutants; 

Chapter 173-490 WAC Emission Standards and Controls for Sources Emitting 

Volatile Organic Compounds (VOC); 

Chapter 173-491 WAC Emission Standards and Controls for Sources Emitting Gasoline 

Vapors. 

State effective: 12/15/95; EPA effective: 3/4/98

ARTICLE XIII - FEE SCHEDULES AND OTHER CHARGES

SECTION 13.01 - REGISTRATION FEE SCHEDULE

Sources required to register according to the requirements of Article IV of this regulation 

shall pay annual registration fees according to the following schedule: 

Criteria Class Fee 

Potential Controlled Emissions > 100 tons per year A-1 $550 

Potential Uncontrolled Emissions > 100 tons per year A-2 $550 

Potential Uncontrolled Emissions < 100 tons per year B $75 

Potential Controlled Toxic Emissions > 10/25* tons per year A-1 toxic $550 

Potential Uncontrolled Toxic Emissions > 10/25* tons per year A-2 toxic $550 

Potential Uncontrolled Toxic Emissions < 10/25* tons per year B toxic $75 

*10 tons of a single toxic pollutant or a combined total of 25 tons of two or more toxic pollutants.

State effective: 1/13/94; EPA effective: 3/4/98

SECTION 13.02 - NOTICE OF CONSTRUCTION FEE SCHEDULE

Sources required to file a "Notice of Construction, Installation or Establishment of New 

Air Contaminant Source" shall pay a fee according to the following schedule:

Filing Fee (for all sources): $50 

Air Handling or Air Pollution Control Equipment (ACFM) 

0 < 200 $25 
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200 < 5,000 $100 

5,000 < 20,000 $200 

20,000 < 50,000 $300 

50,000 < 100,000 $400 

100,000 < 250,000 $500 

250,000 < 500,000 $650 

> 500,000 $800 

Fuel Burning Equipment Installation (MMBTU/H): 

< 5 $25 

5 < 10 $100 

10 < 20 $150 

20 < 50 $250 

50 < 100 $350 

100 < 250 $500 

250 < 500 $1,000 

> 500 $1,500 

Fuel Burning Equipment Fuel Change (MMBTU/H): 

< 5 $15 

5 < 10 $40 

10 < 20 $60 

20 < 50 $80 

50 < 100 $100 

100 < 250 $150 

250 < 500 $200 
TABLE 10 – ADDITIONAL REGULATIONS APPROVED FOR THE YAKIMA REGIONAL 

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> 500 $250 

Refuse Burning Equipment (tons per day Rated Capacity): 

< 5 (w/o HCl controls) $100 

5 < 12 (w/o HCl controls) $200 

< 12 (w/ HCl controls) $500 

12 < 250 (w/ HCl controls) $2,000 

> 250 (w/ HCl controls) $4,000 

Other Incinerators (pounds/hour): 

< 100 $0 

100 < 200 $300 

200 < 500 $500 

500 < 1,000 $750 

> 1,000 $1,500 

Volatile Material Storage Tanks (gals): 

< 4,000 $0 

4,000 < 20,000 $0 

20,000 < 40,000 $65 

40,000 < 100,000 $200 

100,000 < 500,000 $750 

500,000 < 1,000,000 $1,200 

> 1,000,000 $1,200 

Significant Emissions Surcharge: $250 

Gasoline Stations: 

Stage I $50 

Stage II $50 
TABLE 10 – ADDITIONAL REGULATIONS APPROVED FOR THE YAKIMA REGIONAL 

CLEAN AIR AGENCY (YRCAA) JURISDICTION -- page -- 96

Temporary Source: $75 

Odor Source: $200 

SEPA: $50 

State effective: 6/20/94; EPA effective: 3/4/98

SECTION 13.03 - OUTDOOR BURNING PERMIT FEES

The Authority shall assess fees for each outdoor burning permit it issues under the 

requirements of Article V of this regulation in accordance with the following fee schedule: 

PERMIT TYPE OR 

ACTIVITY 

QUANTITY OF 

 MATERIAL FEE EXPIRATION DATE 

Residential Any Amount $5 31 Dec of Current Year 

Agricultural Per WAC 173-430 

Fire Dept. Training Any Amount $100 30 Days After Issuance 

All Others110 Acres Or Less $25 30 Days After Issuance 

More Than 10 Acres $2.50 Per 

Acre 

30 Days After Issuance 

10 Cubic Yards Or 

Less 

$50 30 Days After Issuance 

More Than 10 Cubic 

Yards 

$8.50 Per 

Cubic Yard 

30 Days After Issuance 

Re-inspection2- $25 - 

Application3- $25 - 

1. Fees will be assessed on a volume basis when the material to be burned is consolidated into 

piles. Fees will be assessed on an acreage basis when the material is to be burned in place (e.g. 

weeds burned along ditch banks or fence lines). 

2. If required. 

3. Required for all non-residential outdoor burning permits.

State effective: 6/20/94; EPA effective: 3/4/98