Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-400 - General regulations for air pollution sources › PERMITTING OF MAJOR STATIONARY SOURCES AND MAJOR MODIFICATIONS TO MAJOR STATIONARY SOURCES › Section 173-400-820 - Determining if a new stationary source or modification to a stationary source is subject to these requirements

Current through Register Vol. 24-14, July 15, 2024
(1)
				Any new major stationary source located anywhere in a nonattainment area
				designated under section 107(d)(1)(A)(i) of the Federal Clean Air Act, that is
				major for the pollutant for which the area is designated nonattainment is
				subject to the permitting requirements of WAC
				173-400-830 through
				173-400-850. Any major
				modification of an existing major stationary source that is major for the
				pollutant for which the area is designated nonattainment and is located
				anywhere in a nonattainment area designated under section 107(d)(1)(A)(i) of
				the Federal Clean Air Act, and that has a significant net emissions increase of
				the pollutant for which the area is designated nonattainment is subject to the
				permitting requirements of WAC
				173-400-830 through
				173-400-850. A modification to an
				existing major stationary source must use the following procedures to determine
				if the modification would result in a significant net emissions increase of the
				nonattainment pollutant.
(2) Except
				as otherwise provided in subsection (4) of this section, and consistent with
				the definition of major modification, a project is a major modification for a
				regulated NSR pollutant if it causes two types of emissions increases - A
				significant emissions increase, and a significant net emissions increase. The
				project is not a major modification if it does not cause a significant
				emissions increase. If the project causes a significant emissions increase,
				then the project is a major modification only if it also results in a
				significant net emissions increase.
(3) The procedure for calculating (before
				beginning actual construction) whether a significant emissions increase (i.e.,
				the first step of the process) will occur depends upon the type of emissions
				units being modified, according to (a) through (c) of this subsection. For
				these calculations, fugitive emissions (to the extent quantifiable) are
				included only if the emissions unit is part of one of the source categories
				listed in the definition of major stationary source contained in WAC
				173-400-810(14)(e) or if the emissions unit is located at a
				major stationary source that belongs to one of the listed source categories.
				Fugitive emissions are not included for those emissions units located at a
				facility whose primary activity is not represented by one of the source
				categories listed in the definition of major stationary source contained in WAC
				173-400-810(14)(e) and that are not, by themselves, part of a
				listed source category. The procedure for calculating (before beginning actual
				construction) whether a significant net emissions increase will occur at the
				major stationary source (i.e., the second step of the process) is contained in
				the definition of net emission increase. Regardless of any such preconstruction
				projections, a major modification results if the project causes a significant
				emissions increase and a significant net emissions increase.
(a) Actual-to-projected-actual applicability
				test for projects that only involve existing emissions units. A significant
				emissions increase of a regulated NSR pollutant is projected to occur if the
				sum of the difference between the projected actual emissions and the baseline
				actual emissions, for each existing emissions unit, equals or exceeds the
				significant amount for that pollutant.
(b) Actual-to-potential test for projects
				that only involve construction of a new emissions unit(s). A significant
				emissions increase of a regulated NSR pollutant is projected to occur if the
				sum of the difference between the potential to emit from each new emissions
				unit following completion of the project and the baseline actual emissions of
				these units before the project equals or exceeds the significant amount for
				that pollutant.
(c) Hybrid test for
				projects that involve multiple types of emissions units. A significant
				emissions increase of a regulated NSR pollutant is projected to occur if the
				sum of the emissions increases for each emissions unit, using the method
				specified in (a) and (b) of this subsection as applicable with respect to each
				emissions unit, for each type of emissions unit equals or exceeds the
				significant amount for that pollutant.