reglab/statecodes huggingface dataset:
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 › Section 173-400-020 - Applicability

Current through Register Vol. 24-14, July 15, 2024
(1) The provisions of
			 this chapter shall apply statewide, except for specific subsections where a
			 local authority has adopted and implemented corresponding local rules that
			 apply only to sources subject to local jurisdiction as provided under
			 RCW
			    70.94.141 and
			 70.94.331.
(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.
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 › Section 173-400-025 - Adoption by reference

Current through Register Vol. 24-14, July 15, 2024
(1) Adoption by
			 reference date: August 24, 2022.
(2) Federal rules mentioned in this rule are
			 adopted as they exist on the date in subsection (1) of this section. Adoption
			 by reference means the federal rule applies as if it was copied into this
			 rule.
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 › Section 173-400-030 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The definitions in this section apply statewide except where a
				permitting authority has redefined a specific term. Except as provided
				elsewhere in this chapter, the definitions in this section 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.
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 › Section 173-400-035 - Nonroad engines

Current through Register Vol. 24-14, July 15, 2024
(1)
Applicability.
This section applies to any nonroad engines as
			 defined in WAC
			 173-400-030, except
			 for:
(a) Any nonroad engine that is:
(i) In or on a piece of equipment that is
			 self-propelled or serves a dual purpose by both propelling itself and
			 performing another function; or
(ii) In or on a piece of equipment that is
			 intended to be propelled while performing its function.
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 › Section 173-400-036 - Relocation of portable sources

Current through Register Vol. 24-14, July 15, 2024
(1)
Applicability.
(a) Portable
			 sources that meet the requirements of this section may without obtaining a
			 site-specific or permitting authority-specific order of approval relocate and
			 operate in any jurisdiction in which the permitting authority has adopted this
			 section by reference. The owner or operator of a portable source may file a new
			 notice of construction application in compliance with WAC
			 173-400-110 each time the
			 portable source relocates in lieu of participating in the inter-jurisdictional
			 provisions in this section.
(b)
			 Permitting authority participation in the inter-jurisdictional provisions of
			 this section is optional. This section applies only in those jurisdictions
			 where the permitting authority has adopted it. Nothing in this section affects
			 a permitting authority's ability to enter into an agreement with another
			 permitting authority to allow inter-jurisdictional relocation of a portable
			 source under conditions other than those listed here except that subsection (2)
			 of this section applies statewide.
(c) This section applies to sources that move
			 from the jurisdiction of one permitting authority to the jurisdiction of
			 another permitting authority, inter-jurisdictional relocation. This section
			 does not apply to intra-jurisdictional relocation.
(d) Engines subject to WAC
			 173-400-035 Nonroad engines are
			 not portable sources subject to this section.
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 › Section 173-400-040 - General standards for maximum emissions

Current through Register Vol. 24-14, July 15, 2024
(1)
General requirements.
(a) All sources and emissions units are
			 required to meet the emission standards of this chapter. Where an emission
			 standard listed in another chapter is applicable to a specific emissions unit,
			 such standard takes precedence over a general emission standard listed in this
			 chapter.
(b) 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.
(c)
			 All emissions units are required to use reasonably available control technology
			 (RACT) which may be determined for some sources or source categories to be more
			 stringent than the applicable emission limitations of any chapter of Title 173
			 WAC. Where current controls are determined to be less than RACT, the permitting
			 authority shall, as provided in
			 RCW
			    70.94.154, define RACT for each source or
			 source category and issue a rule or regulatory order requiring the installation
			 of RACT.
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 › Section 173-400-045 - Control technology fees

Current through Register Vol. 24-14, July 15, 2024
Fees can be found in chapter 173-455 WAC.
Statutory Authority:
				  RCW
				  70.94.181, [70.94.]152,[70.94.]331, [70.94.]650, [70.94.]745, [70.94.]892,[70.94.]011 . 07-19-005 (Order 07-10),
				  § 173-400-045, filed 9/6/07, effective 10/7/07. Statutory Authority:
				  Chapter
				  70.94 RCW. 96-19-054
				  (Order 94-35), § 173-400-045, filed 9/13/96, effective 10/14/96. Statutory
				  Authority:
				  RCW
				     70.94.153 and
				  70.94.154. 94-17-070, §
				  173-400-045, filed 8/15/94, effective
				  9/15/94.
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 › Section 173-400-050 - Emission standards for combustion and incineration units

Current through Register Vol. 24-14, July 15, 2024
(1) Combustion and
			 incineration emissions units must meet all requirements of WAC
			 173-400-040 and, in addition, no
			 person shall cause or allow emissions of particulate matter in excess of 0.23
			 gram per dry cubic meter at standard conditions (0.1 grain/dscf), except, for
			 an emissions unit combusting waste wood for the production of steam. No person
			 shall allow the emission of particulate matter in excess of 0.46 gram per dry
			 cubic meter at standard conditions (0.2 grain/dscf), as measured by  40 C.F.R.
			 Part 60, Appendix A, Test Method 5 (in effect on the date in WAC
			 173-400-025) or approved
			 procedures in
Source Test Manual - Procedures for Compliance
			 Testing
, state of Washington, department of ecology, as of September
			 20, 2004, on file at ecology.
(2)
			 For any incinerator, no person shall cause or allow emissions in excess of one
			 hundred ppm of total carbonyls as measured by Source Test Method 14 procedures
			 in
Source Test Manual - Procedures for Compliance Testing
,
			 state of Washington, department of ecology, as of September 20, 2004, on file
			 at ecology. An applicable EPA reference method or other procedures to collect
			 and analyze for the same compounds collected in the ecology method may be used
			 if approved by the permitting authority prior to its use.
(a)
Incinerators
not subject to
			 the requirements of chapter 173-434 WAC or WAC
			 173-400-050(4) or
			 (5), or requirements in WAC
			 173-400-075 (   40 C.F.R. Part 63, Subpart EEE in effect on the date in WAC
			 173-400-025) and WAC
			 173-400-115 (     40 C.F.R. Part 60, Subparts E, Ea, Eb, Ec, AAAA, and CCCC (in effect on the date in WAC
			 173-400-025)) shall be operated
			 only during daylight hours unless written permission to operate at other times
			 is received from the permitting authority.
(b) Total carbonyls means the concentration
			 of organic compounds containing the =C=O radical as collected by Source Test
			 Method 14 procedures in
Source Test Manual - Procedures for Compliance
			 Testing
, state of Washington, department of ecology, as of September
			 20, 2004, on file at ecology.
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 › Section 173-400-060 - Emission standards for general process units

Current through Register Vol. 24-14, July 15, 2024
General process units are required to meet all applicable
				provisions of WAC
				173-400-040
				and, no person shall cause or allow the emission of particulate material from
				any general process operation in excess of 0.23 grams per dry cubic meter at
				standard conditions (0.1 grain/dscf) of exhaust gas. Test methods from 40
				C.F.R. Parts 51, 60, 61, and 63 (in effect on the date in WAC
				173-400-025) and any other approved test procedures in ecology's "
Source Test
				Manual - Procedures For Compliance Testing
" as of September 20, 2004,
				must be used to determine compliance.
Statutory Authority:
				  RCW
				     70.94.152. 05-03-033 (Order 03-07), §
				  173-400-060, filed 1/10/05, effective 2/10/05. Statutory Authority:
				  Chapter
				  70.94 RCW,
				  RCW
				     70.94.141,[70.94.]152, [70.94.]331,
				  [70.94.]510 and 43.21A.080. 01-17-062 (Order 99-06), § 173-400-060, filed
				  8/15/01, effective 9/15/01. Statutory Authority: [RCW
				     70.94.331,
				  70.94.510 and
				  chapter
				  70.94 RCW.] 00-23-130
				  (Order 98-27), § 173-400-060, filed 11/22/00, effective 12/23/00.
				  Statutory Authority:
				  RCW
				     70.94.860,
				  70.94.510 and
				  70.94.331. 98-15-129 (Order
				  98-04), § 173-400-060, filed 7/21/98, effective 8/21/98. Statutory
				  Authority:
				  Chapter
				  70.94 RCW. 91-05-064
				  (Order 90-06), § 173-400-060, filed 2/19/91, effective 3/22/91. Statutory
				  Authority:
				  Chapters
				  43.21A and
				  70.94 RCW. 83-09-036 (Order DE
				  83-13), § 173-400-060, filed 4/15/83. Statutory Authority:
				  RCW
				     70.94.331. 80-11-059 (Order DE 80-14), §
				  173-400-060, filed 8/20/80; Order DE 76-38, § 173-400-060, filed 12/21/76.
				  Formerly WAC 18-04-060.
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 › Section 173-400-070 - Emission standards for certain source categories

Current through Register Vol. 24-14, July 15, 2024
Ecology finds that the reasonable regulation of sources within
				certain categories requires separate standards applicable to such categories.
				The standards set forth in this section shall be the maximum allowable
				standards for emissions units within the categories listed. Except as
				specifically provided in this section, such emissions units shall not be
				required to meet the provisions of WAC
				173-400-040,
				173-400-050 and
				173-400-060.
(1)
Wigwam and silo burners.
As
			 of January 1, 2020, it is illegal to use a wigwam or silo burner in Washington.
			 A wigwam or silo burner may operate until midnight December 31, 2019, provided
			 it complies with the following:
(a) All
			 wigwam and silo burners designed to dispose of waste wood must meet all
			 provisions of WAC
			 173-400-040(2), (3), (4), (5), (6), (7),
			 (8), and WAC
			 173-400-050(4),
			 173-400-115, or 40 C.F.R. Part
			 62, Subpart III in effect on the date in WAC
			 173-400-025 as
			 applicable.
(b) All wigwam and silo
			 burners must use RACT. All emissions units shall be operated and maintained to
			 minimize emissions. These requirements may include a controlled tangential vent
			 overfire air system, an adequate underfire system, elimination of all
			 unnecessary openings, a controlled feed and other modifications determined
			 necessary by ecology or the permitting authority.
(c) It shall be unlawful to install or
			 increase the existing use of any burner that does not meet all requirements for
			 new sources including those requirements specified in WAC
			 173-400-040 and
			 173-400-050, except operating
			 hours.
(d) The permit authority may
			 establish additional requirements for wigwam and silo burners. These
			 requirements may include, but shall not be limited to:
(i) A requirement to meet all provisions of
			 WAC 173-400-040 and
			 173-400-050. Wigwam and silo
			 burners will be considered to be in compliance if they meet the requirements
			 contained in WAC
			 173-400-040(2),
			 visible emissions.
(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.
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 › Section 173-400-075 - Emission standards for sources emitting hazardous air pollutants

Current through Register Vol. 24-14, July 15, 2024
(1) National emission
			 standards for hazardous air pollutants (NESHAPs).  40 C.F.R. Part 61  and
			 Appendices (in effect on the date in WAC 173-400-025) are adopted. The term
			 "administrator" in  40 C.F.R. Part 61  includes the permitting
			 authority.
(2) The permitting
			 authority may conduct source tests and require access to records, books, files,
			 and other information specific to the control, recovery, or release of those
			 pollutants regulated under 40 C.F.R. Parts 61, 62, 63 and 65, as applicable, in
			 order to determine the status of compliance of sources of these contaminants
			 and to carry out its enforcement responsibilities.
(3) Source testing, monitoring, and
			 analytical methods for sources of hazardous air pollutants must conform with
			 the requirements of 40 C.F.R. Parts 51, 60, 61, 62, 63 and 65, as
			 applicable.
(4) This section does
			 not apply to any source operating under a waiver granted by EPA or an exemption
			 granted by the president of the United States.
(5) Submit reports required by 40 C.F.R.
			 Parts 61 and 63 to the permitting authority, unless otherwise
			 instructed.
(6) National Emission
			 Standards for Hazardous Air Pollutants for Source Categories. Adoption of
			 federal rules.
(a) The term "administrator"
			 in  40 C.F.R. Part 63  includes the permitting authority.
(b)
Major sources of hazardous air
			 pollutants.
40 C.F.R. Part 63  and Appendices (in effect on the date in
			 WAC 173-400-025) are adopted as they apply to major sources of hazardous air
			 pollutants.
(c)
(i)
Nonmajor sources of hazardous air
			 pollutants (area source rules).
The stationary sources affected by the
			 following subparts of  40 C.F.R. Part 63  are subject to chapter 173-401 WAC
			 (Operating permit regulation). These subparts of  40 C.F.R. Part 63  and
			 Appendices (in effect on the date in WAC 173-400-025) are adopted:
(A) Subpart X, Secondary lead
			 smelting;
(B) Subpart EEE,
			 Hazardous waste incineration;
(C)
			 Subpart LLL, Portland cement;
(D)
			 Subpart IIIII, Mercury cell chlor-alkali plants;
(E) Subpart YYYYY, Stainless and nonstainless
			 steel manufacturing (electric arc furnace);
(F) Subpart EEEEEE, Primary copper
			 smelting;
(G) Subpart FFFFFF,
			 Secondary copper smelting;
(H)
			 Subpart GGGGGG, Primary nonferrous metal;
(I)
			  Subpart MMMMMM, Carbon black production;
(J) Subpart NNNNNN, Chromium
			 compounds;
(K) Subpart SSSSSS,
			 Pressed and blown glass manufacturing;
(L) Subpart VVVVVV, Chemical manufacturing
			 for synthetic minors; and
(M)
			 Subpart EEEEEEE, Gold mine ore processing and production.
(ii)  40 C.F.R. Part 63  and Appendices are
			 adopted (WAC 173-400-025) as they apply to a stationary source located at a
			 source subject to chapter 173-401 WAC (Operating permit regulation).
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 › Section 173-400-081 - Emission limits during startup and shutdown

Current through Register Vol. 24-14, July 15, 2024
(1) In promulgating technology-based emission
			 standards and establishing emission limits in a permit or order the permitting
			 authority will consider any physical constraints on the ability of a source to
			 comply with the applicable standard during startup or shutdown.
(2) When the permitting authority determines,
			 as part of its control technology determination, that the source or source
			 category, when operated and maintained in accordance with good air pollution
			 control practice, is not capable of achieving continuous compliance with an
			 emission limit or standard during startup or shutdown, the permitting authority
			 must include in the rule, order, or permit appropriate alternative emission
			 limitations to regulate the performance of the source during startup or
			 shutdown conditions.
(3) In
			 modeling the emissions of a source for purposes of demonstrating attainment or
			 maintenance of national ambient air quality standards, the permitting authority
			 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.
(4) An emission limitation or other parameter
			 adopted under this section which increases allowable emissions during a startup
			 or shutdown event over levels authorized in Washington's SIP shall not take
			 effect until:
(a) Approved by EPA as a SIP
			 amendment; and
(b) The permitting
			 authority has complied with WAC 173-400-082(4)(c)(i)(A) and (B) and (iv)    when
			 applicable.
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 › Section 173-400-082 - Alternative emission limit that exceeds an emission standard in the SIP

Current through Register Vol. 24-14, July 15, 2024
(1) Applicability. The
			 owner or operator may request an alternative emission limit for a specific
			 emission unit(s) that exceeds a limit in the SIP. The new limit would apply
			 during a clearly defined transient mode of operation. An alternative emission
			 limit established under this section becomes a facility-specific SIP emission
			 standard once EPA approves the new limit in the SIP. This section does not
			 apply to the approval of a revised emission limit that does not exceed a limit
			 in the SIP.
(2) Pollutant scope. An
			 alternative emission limit may be established under this section for any of the
			 following emission standards in Washington's SIP in
			 40 C.F.R.
			 52.2470:
(a)
			 Opacity emission standard in:
(i) WAC
			 173-400-040(2);
(ii) WAC
			 173-405-040(6);
(iii) WAC
			 173-415-030(3);
			 and
(iv) WAC
			 173-434-130(4).
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 › Section 173-400-091 - Voluntary limits on emissions

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Upon request by the owner or operator of a new or existing source or stationary
			 source, the permitting authority with jurisdiction over the source shall issue
			 a regulatory order that limits the potential to emit any air contaminant or
			 contaminants to a level agreed to by the owner or operator and the permitting
			 authority with jurisdiction.
(2) A
			 condition contained in an order issued under this section shall be less than
			 the source's or stationary 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 or stationary 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 must
			 comply with WAC
			 173-400-171.
(5) The terms and conditions of a regulatory
			 order issued under this section are enforceable. Any proposed deviation from a
			 condition contained in an order issued under this section shall require
			 revision or revocation of the order.
Statutory Authority:
				  Chapter
				  70.94 RCW. 11-06-060
				  (Order 09-01), § 173-400-091, filed 3/1/11, effective 4/1/11; 93-18-007
				  (Order 93-03), § 173-400-091, filed 8/20/93, effective
				  9/20/93.
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 › Section 173-400-099 - Registration program

Current through Register Vol. 24-14, July 15, 2024
(1) Program
			 purpose.
(a) The registration program is a
			 program to develop and maintain a current and accurate record of air
			 contaminant sources. Information collected through the registration program is
			 used to evaluate the effectiveness of air pollution control strategies and to
			 verify source compliance with applicable air pollution requirements.
(b) Permit program sources, as defined in
			 RCW
			    70.94.030(18), are not
			 required to comply with the registration requirements of WAC
			 173-400-100 through
			 173-400-104.
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 › Section 173-400-102 - Scope of registration and reporting requirements

Current through Register Vol. 24-14, July 15, 2024
(1) Applicability. This section applies to
			 sources subject to WAC
			 173-400-100
			 located in a county without a local air pollution control authority.
(2) A source that is subject to WAC
			 173-400-100,
			 but not subject to new source review under WAC
			 173-400-110(5) must register with ecology.
(3)
			 Emissions inventory report.
(a) An owner or
			 operator must submit an emissions inventory report in a manner specified by
			 ecology:
(i) Annually when mandated by an
			 order of approval or a regulatory order; or
(ii) Upon request from ecology.
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 › Section 173-400-103 - Emission estimates

Current through Register Vol. 24-14, July 15, 2024
(1) This section
			 applies to a source subject to WAC
			 173-400-100
			 located in a county without a local air pollution control authority.
(2) Procedure for estimating emissions from a
			 source.
(a) An emissions inventory report may
			 include:
(i) An estimate of actual emissions
			 taking into account equipment;
(ii)
			 Operating conditions;
(iii) Air
			 pollution control measures;
(iv) A
			 flowchart of plant processes;
(v)
			 Operational parameters; and
(vi)
			 Specifications of air pollution control equipment.
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 › Section 173-400-104 - Registration fees

Current through Register Vol. 24-14, July 15, 2024
See chapter 173-455 WAC for ecology's fee schedule for 2019,
				2020, 2021, and ecology's process for establishing registration fees for 2022
				and beyond.
Statutory Authority:
				  Chapter
				  70.94 RCW. 11-06-060
				  (Order 09-01), § 173-400-104, filed 3/1/11, effective 4/1/11. Statutory
				  Authority:
				  RCW
				     70.94.181, [70.94.]152,
				  [70.94.]331,[70.94.]650, [70.94.]745, [70.94.]892, [70.94.]011. 07-19-005
				  (Order 07-10), § 173-400-104, filed 9/6/07, effective 10/7/07. Statutory
				  Authority:
				  RCW
				     70.94.152. 05-03-033 (Order 03-07), §
				  173-400-104, filed 1/10/05, effective 2/10/05. Statutory Authority:
				  [RCW
				     70.94.331,
				  70.94.510 and
				  chapter
				  70.94 RCW.] 00-23-130
				  (Order 98-27), § 173-400-104, filed 11/22/00, effective 12/23/00.
				  Statutory Authority:
				  Chapter
				  70.94 RCW. 95-07-126
				  (Order 93-40), § 173-400-104, filed 3/22/95, effective
				  4/22/95.
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 › Section 173-400-108 - Excess emissions reporting

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Notify the permitting authority.
(a) When
			 excess emissions represent a potential threat to human health or safety, the
			 owner or operator must notify the permitting authority by phone or electronic
			 means as soon as possible, but not later than
twelve hours
after
			 the excess emissions were discovered.
(b) For all other excess emissions, the owner
			 or operator must notify the permitting authority in a report as provided in
			 subsection (2) of this section.
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 › Section 173-400-109 - Unavoidable excess emissions

Current through Register Vol. 24-14, July 15, 2024
(1) Excess
			 emissions determined to be unavoidable under the procedures and criteria in
			 this section are violations of the applicable statute, rule, permit, or
			 regulatory order.
(a) The permitting
			 authority determines whether excess emissions are unavoidable based on the
			 information supplied by the source and the criteria in subsection (5) of this
			 section.
(b) Excess emissions
			 determined by the permitting authority to be unavoidable are:
(i) A violation subject to WAC
			 173-400-230(3), (4), and
			 (6); but
(ii) Not subject to civil penalty under WAC
			 173-400-230(2).
Note:
Nothing in a state rule limits a federal court's
						  jurisdiction or discretion to determine the appropriate remedy in an
						  enforcement action.
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 › Section 173-400-110 - New source review (NSR) for sources and portable sources

Current through Register Vol. 24-14, July 15, 2024
(1)
Applicability.
(a) WAC
			 173-400-110,
			 173-400-111,
			 173-400-112, and
			 173-400-113 apply statewide
			 except where a permitting authority has adopted its own new source review
			 regulations.
(b) This section
			 applies to new sources and stationary sources as defined in
			 RCW
			    70.94.030, and WAC
			 173-400-030, but does not include
			 nonroad engines.
(c) For purposes
			 of this section:
(i) "Establishment" means to
			 begin actual construction;
(ii)
			 "New source" includes:
(A) A modification to
			 an existing stationary source, as "modification" is defined in WAC
			 173-400-030:
(B) The construction, modification, or
			 relocation of a portable source as defined in WAC
			 173-400-030, except those
			 relocating in compliance with WAC
			 173-400-036;
(C) The establishment of a new or modified
			 toxic air pollutant source, as defined in WAC
			 173-460-020; and
(D) A major modification to an existing major
			 stationary source, as defined in WAC
			 173-400-710 and
			 173-400-810.
(d) New source review of a
			 modification is limited to the emission unit or units proposed to be modified
			 and the air contaminants whose emissions would increase as a result of the
			 modification. Review of a major modification must comply with WAC
			 173-400-700 through
			 173-400-750 or
			 173-400-800 through
			 173-400-860, as
			 applicable.
(e) The procedural
			 requirements pertaining to NOC applications and orders of approval for new
			 sources that are not major stationary sources, as defined in WAC
			 173-400-710 and
			 173-400-810, shall not apply to
			 any person conducting a remedial action at a facility pursuant to a consent
			 decree, order, or agreed order issued pursuant to
			 chapter
			 70.105D RCW, Model
			 Toxics Control Act, or to the department of ecology when it conducts a remedial
			 action under
			 chapter
			 70.105D RCW. The
			 department of ecology shall ensure compliance with the substantive requirements
			 of this chapter through the consent decree, order, or agreed order issued
			 pursuant to
			 chapter
			 70.105D RCW using the
			 procedures outlined in WAC
			 173-340-710(9) or during a department-conducted remedial action, through the procedures
			 outlined in WAC
			 173-340-710(9).
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 › Section 173-400-111 - Processing notice of construction applications for sources, stationary sources and portable sources

Current through Register Vol. 24-14, July 15, 2024
WAC
				173-400-110,
				173-400-111,
				173-400-112, and
				173-400-113 apply statewide
				except where a permitting authority has adopted its own new source review
				regulations.
(1) Completeness
			 determination.
(a) Within thirty days after
			 receiving a notice of construction application, the permitting authority must
			 either notify the applicant in writing that the application is complete or
			 notify the applicant in writing of all additional information necessary to
			 complete the application.
(b) A
			 complete application contains all the information necessary for processing the
			 application. At a minimum, the application must provide information on the
			 nature and amounts of emissions to be emitted by the proposed new source or
			 increased as part of a modification, as well as the location, design,
			 construction, and operation of the new source as needed to enable the
			 permitting authority to determine that the construction or modification will
			 meet the requirements of WAC
			 173-400-113. Designating an
			 application complete for purposes of permit processing does not preclude the
			 reviewing authority from requesting or accepting any additional
			 information.
(c) For a project
			 subject to the special protection requirements for federal Class I areas under
			 WAC 173-400-117(2),
			 a completeness determination includes a determination that the application
			 includes all information required for review of that project under WAC
			 173-400-117(3).
			 The applicant must send a copy of the application and all amendments to the
			 application to the EPA and the responsible federal land manager.
(d) For a project subject to the major new
			 source review requirements in WAC
			 173-400-800 through
			 173-400-860, the completeness
			 determination includes a determination that the application includes all
			 information required for review under those sections.
(e) An application is not complete until any
			 permit application fee required by the permitting authority has been
			 paid.
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 › Section 173-400-112 - Requirements for new sources in nonattainment areas - Review for compliance with regulations

Current through Register Vol. 24-14, July 15, 2024
WAC
				173-400-110,
				173-400-111,
				173-400-112, and
				173-400-113 apply statewide
				except where a permitting authority has adopted its own new source review
				regulations. The permitting authority that is reviewing an application required
				by WAC 173-400-110(2) to establish a new source in a nonattainment area shall issue the order of
				approval if it determines 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, national emission standards for hazardous air pollutants for source
			 categories, 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 achieve LAER for any air contaminants for which:
(a) The area has been designated
			 nonattainment; and
(b)
(i) The proposed new source is major;
			 or
(ii) The existing source is
			 major and the major modification is significant.
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 › Section 173-400-114 - Requirements for replacement or substantial alteration of emission control technology at an existing stationary source

Current through Register Vol. 24-14, July 15, 2024
(1) Any
person
proposing to
			 replace or substantially alter the
emission
control technology
			 installed on an existing
stationary source
or
emission
			 unit
shall file a
notice of construction application
with
			 the appropriate
authority
, or with
ecology
in areas
			 or for
sources
over which
ecology
has jurisdiction.
			 Replacement or substantial alteration of control technology does not include
			 routine maintenance, repair or similar parts replacement.
(2) A project to replace or substantially
			 alter emission control technology at an existing stationary source that results
			 in an increase in emissions of any air contaminant is subject to new source
			 review as provided in WAC
			 173-400-110. For any other
			 project to replace or significantly alter control technology the permitting
authority
may:
(a) Require that
			 the owner or operator employ
RACT
for the affected
emission
			 unit;
(b) Prescribe
			 reasonable operation and maintenance conditions for the control equipment;
			 and
(c) Prescribe other
			 requirements as authorized by
			 chapter
			 70.94 RCW.
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 › Section 173-400-115 - Standards of performance for new sources NSPS

Current through Register Vol. 24-14, July 15, 2024
Standards of performance for new sources are called New Source
				Performance Standards, or NSPS.
(1)
Adoption of federal rules.
(a)  40
			 C.F.R. Part 60  and Appendices (in effect on the date in WAC
			 173-400-025) are adopted.
			 Exceptions are listed in (b) of this subsection.
(b) Exceptions to adopting      40 C.F.R. Part 60     .
(i) The term "administrator" in  40 C.F.R.
			 Part 60  includes the permitting authority.
(ii) The following sections and subparts of
			 40 C.F.R. Part 60 are not adopted:
(A)
											40 C.F.R.
			 60.5 (determination of construction or
			 modification);
(B)
											40 C.F.R.
			 60.6 (review of plans);
(C) 40 C.F.R. Part 60, subpart B (Adoption
			 and Submittal of State Plans for Designated Facilities), and subparts C, Cb,
			 Cc, Cd, Ce, Cf, BBBB, DDDD, FFFF, MMMM, and UUUUa (emission guidelines);
			 and
(D) 40 C.F.R. Part 60, Appendix
			 G, Provisions for an Alternative Method of Demonstrating Compliance With
			 40 C.F.R.
			 60.43 for the Newton Power Station of Central
			 Illinois Public Service Company.
Note:
Refer to WAC
						  173-400-050 and
						  173-400-070 for adoption of
						  federal rules that implement emission guidelines.
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 › Section 173-400-116 - Increment protection

Current through Register Vol. 24-14, July 15, 2024
This section takes effect on the effective date of EPA's
				incorporation of this section into the Washington state implementation
				plan.
(1) Ecology will periodically
			 review increment consumption. Within sixty days of the time that information
			 becomes available to ecology that an applicable increment is or may be
			 violated, ecology will review the state implementation plan for its adequacy to
			 protect the increment from being exceeded. The plan will be revised to correct
			 any inadequacies identified or to correct the increment violation. Any changes
			 to the state implementation plan resulting from the review will be subject to
			 public involvement in accordance with WAC
			 173-400-171 and EPA
			 approval.
(2) PSD increments are
			 published in 40 C.F.R.
			 52.21(c) (in effect on the
			 date in WAC 173-400-025).
(3)
			 Exclusions from increment consumption. The following concentrations are
			 excluded when determining increment consumption:
(a) Concentrations of particulate matter,
			 PM-10, or PM-2.5, attributable to the increase in emissions from construction
			 or other temporary emission-related activities of new or modified
			 sources;
(b) The increase in
			 concentrations attributable to new sources outside the United States over the
			 concentrations attributable to existing sources which are included in the
			 baseline concentration; and
(c)
			 Concentrations attributable to the temporary increase in emissions of sulfur
			 dioxide, particulate matter, or nitrogen oxides from stationary sources, which
			 are affected by a revision to the SIP approved by EPA. Such a revision must:
(i) Specify the time over which the temporary
			 emissions increase of sulfur dioxide, particulate matter, or nitrogen oxides
			 would occur. Such time is not to exceed two years in duration unless a longer
			 time is approved by EPA.
(ii)
			 Specify that the time period for excluding certain contributions in accordance
			 with (c)(i) of this subsection is not renewable;
(iii) Allow no emissions increase from a
			 stationary source, which would:
(A) Impact a
			 Class I area or an area where an applicable increment is known to be violated;
			 or
(B) Cause or contribute to the
			 violation of a national ambient air quality standard.
(iv) Require limitations to be in effect by
			 the end of the time period specified in accordance with (c)(i) of this
			 subsection, which would ensure that the emissions levels from stationary
			 sources affected by the plan revision would not exceed those levels occurring
			 from such sources before the plan revision was approved.
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 › Section 173-400-117 - Special protection requirements for federal Class I areas

Current through Register Vol. 24-14, July 15, 2024
(1)
Definitions.
The following definitions apply to this section:
(a)
"Adverse impact on
			 visibility"
means visibility impairment that 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:
(i) Times of visitor use of
			 the federal Class I area; and
(ii)
			 The frequency and timing of natural conditions that reduce
			 visibility.
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 › Section 173-400-118 - Designation of Class I, II, and III areas

Current through Register Vol. 24-14, July 15, 2024
(1)
Designation.
(a) Lands within the exterior boundaries of
			 Indian reservations may be proposed for redesignation by an Indian governing
			 body or EPA. This restriction does not apply to nontrust lands within the 1873
			 Survey Area of the Puyallup Indian Reservation.
(b) All areas of the state must be designated
			 either Class I, II or III.
(i) The following
			 areas are the Class I areas in Washington state:
(A) Alpine Lakes Wilderness;
(B) Glacier Peak Wilderness;
(C) Goat Rocks Wilderness;
(D) Adams Wilderness;
(E) Mount Rainier National Park;
(F) North Cascades National Park;
(G) Olympic National Park;
(H) Pasayten Wilderness; and
(I) Spokane Indian
			 Reservation.1
(ii) All other areas of the state are Class
			 II, but may be redesignated as provided in subsections (2) and (3) of this
			 section.
1. EPA redesignated this
							 land based on a request from the Spokane Tribal Council. See
							 40 C.F.R.
							 52.2497 and 56 FR14862, April 12, 1991, for
							 details.
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 › Section 173-400-120 - Bubble rules

Current through Register Vol. 24-14, July 15, 2024
(1) Applicability.
			 The owner(s) or operator(s) of any source(s) may apply for a bubble for any
			 contaminant regulated by state or federal law for which the emission
			 requirement may be stated as an allowable limit in weight of contaminant per
			 unit time for the emissions units involved.
(2) Conditions. A bubble may be authorized
			 provided the following conditions have been demonstrated to the satisfaction of
			 the permitting authority.
(a) The
			 contaminants exchanged must be of the same type, that is,
			 PM10 for PM10, sulfur dioxide for
			 sulfur dioxide, etc.
(b) The bubble
			 will not interfere with the attainment and maintenance of air quality
			 standards. No bubble shall be authorized in a nonattainment area unless there
			 is an EPA-approved SIP which demonstrates attainment for that area.
(c) The bubble will not result in a delay in
			 compliance by any source, nor a delay in any existing enforcement
			 action.
(d) The bubble will not
			 supersede NSPS, NESHAPS, BACT, or LAER. The emissions of hazardous contaminants
			 shall not be increased.
(e) The
			 bubble will not result in an increase in the sum of actual emission rates of
			 the contaminant involved from the emissions units involved.
(f) A bubble may not be authorized only for
			 opacity limits. However, if the emission limit for particulates for a given
			 emissions unit is increased as part of a bubble, the opacity limit for the
			 given emissions unit may be increased subject to the following limitations:
(i) The new opacity limit shall be specific
			 for the given emissions unit;
(ii)
			 The new opacity limit shall be consistent with the new particulates
			 limit;
(iii) An opacity greater
			 than sixty percent shall never be authorized;
(iv) If the given emissions unit emits or has
			 the potential to emit one hundred tons per year or more of particulate matter,
			 the opacity shall be monitored continuously.
(g) The emission limits of the bubble are
			 equivalent to existing limits in enforceability.
(h) Concurrent with or prior to the
			 authorization of a bubble, each emission unit involved in a bubble shall
			 receive or have received a regulatory order or permit that establishes total
			 allowable emissions from the source for the contaminant being bubbled,
			 expressed as weight of the contaminant per unit time.
(i) There will be no net adverse impact upon
			 air quality from the establishment of new emission requirements for a specific
			 source or emissions unit. Determination of net adverse impact shall include but
			 not be limited to public perception of opacity and public perception of odorous
			 contaminants.
(j) Specific
			 situations may require additional demonstration as requested by the permitting
			 authority.
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 › Section 173-400-136 - Use of emission reduction credits (ERC)

Current through Register Vol. 24-14, July 15, 2024
(1)
Permissible use.
An ERC may
			 be used to:
(a) Satisfy the requirements for
			 authorization of a bubble under WAC
			 173-400-120;
(b) As an offsetting reduction to satisfy the
			 requirements for new source review in WAC
			 173-400-830 or
			 173-400-113(4);
(c) Or if the reduction meets the criteria to
			 be a creditable contemporaneous emission reduction, to demonstrate a creditable
			 contemporaneous emission reduction for determining a net emissions increase
			 under WAC
			 173-400-700 through
			 173-400-750 and
			 173-400-800 through
			 173-400-860.