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 173-400-151 - Retrofit requirements for visibility protection

Current through Register Vol. 24-14, July 15, 2024
(1) The requirements of this section apply to
			 an existing stationary facility. An "existing stationary facility" means a
			 stationary source of air contaminants that meets all of these conditions:
(a) The stationary source must have the
			 potential to emit 250 tons per year or more of any air contaminant. Fugitive
			 emissions, to the extent quantifiable, must be counted in determining the
			 potential to emit; and
(b) The
			 stationary source was not in operation prior to August 7, 1962, and was in
			 existence on August 7, 1977; and
(c) Is in one of the following 26 source
			 categories:
Fossil-fuel fired steam electric plants of more than
							 250 million British thermal units per hour heat input,
Coke oven batteries,
Coal cleaning plants (thermal dryers),
Sulfur recovery plants,
Kraft pulp mills,
Carbon black plants (furnace process),
Portland cement plants,
Primary lead smelters,
Primary zinc smelters,
Fuel conversion plants,
Iron and steel mill plants,
Sintering plants,
Primary aluminum ore reduction plants,
Secondary metal production facilities,
Primary copper smelters,
Chemical process plants,
Municipal incinerators capable of charging more than
							 250 tons of refuse per day,
Fossil-fuel boilers of more than 250 million British
							 thermal units per hour heat input,
Hydrofluoric, sulfuric, and nitric acid
							 plants,
Petroleum storage and transfer facilities with a
							 capacity exceeding 300,000 barrels,
Petroleum refineries,
Taconite ore processing facilities,
Lime plants,
Glass fiber processing plants, and
Phosphate rock processing plants,
Charcoal production facilities.
(d)
			 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 in the 1977 supplement.
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 173-400-161 - Compliance schedules

Current through Register Vol. 24-14, July 15, 2024
(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.
Statutory Authority:
				  Chapter
				  70.94 RCW. 91-05-064
				  (Order 90-06), § 173-400-161, filed 2/19/91, effective
				  3/22/91.
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 173-400-171 - Public notice and opportunity for public comment

Current through Register Vol. 24-14, July 15, 2024
The purpose of this section is to specify the requirements for
				notifying the public about air quality actions and to provide opportunities for
				the public to participate in those actions. This section applies statewide
				except that the requirements of WAC 173-400-171(1) through (11)    do not apply
				where the permitting authority has adopted its own public notice
				provisions.
(1)
Applicability to
			 prevention of significant deterioration, and relocation of portable
			 sources.
This section does not apply to:
(a) A notice of construction application
			 designated for integrated review with actions regulated by WAC
			 173-400-700
			 through
			 173-400-750.
			 In such cases, compliance with the public notification requirements of WAC
			 173-400-740
			 is required.
(b) Portable source
			 relocation notices as regulated by WAC
			 173-400-036,
			 relocation of portable sources.
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 173-400-175 - Public information

Current through Register Vol. 24-14, July 15, 2024
All information, except information protected from disclosure
				under any applicable law, including, but not limited to,
				RCW
				   70.94.205, is available for public inspection
				at the issuing agency. This includes copies of notice of construction
				applications, orders, and applications to modify orders.
Statutory Authority:
				  RCW
				  70.94.152. 05-03-033 (Order 03-07), §
				  173-400-175, filed 1/10/05, effective
				  2/10/05.
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 173-400-180 - Variance

Current through Register Vol. 24-14, July 15, 2024
Any person who owns or is in control of a plant, building,
				structure, establishment, process, or equipment may apply to ecology for a
				variance from provisions of this chapter governing the quality, nature,
				duration, or extent of discharges of air contaminants in accordance with the
				provisions of
				RCW
				   70.94.181.
(1)
Jurisdiction.
Sources in any
			 area over which a local air pollution control authority has jurisdiction shall
			 make application to that authority rather than ecology. Variances to state
			 rules shall require ecology's approval prior to being issued by an authority.
			 Ecology or the authority may grant such variance, but only after public
			 involvement per WAC
			 173-400-171.
(2)
Full faith and credit.
Variances granted in compliance with state and federal laws by an
			 authority for sources under their jurisdiction will be accepted as variances to
			 this regulation.
(3)
EPA
			 concurrence.
No variance or renewal shall be construed to set aside or
			 delay any requirements of the Federal Clean Air Act except with the approval
			 and written concurrence of the USEPA.
(4) Fees relating to this section 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),
				  § 173-400-180, filed 9/6/07, effective 10/7/07. Statutory Authority:
				  Chapter
				  70.94 RCW. 93-18-007
				  (Order 93-03), § 173-400-180, filed 8/20/93, effective 9/20/93; 91-05-064
				  (Order 90-06), § 173-400-180, filed 2/19/91, effective
				  3/22/91.
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 173-400-190 - Requirements for nonattainment areas

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
				  Chapter
				  70.94 RCW. 91-05-064
				  (Order 90-06), § 173-400-190, filed 2/19/91, effective
				  3/22/91.
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 173-400-200 - Creditable stack height and dispersion techniques

Current through Register Vol. 24-14, July 15, 2024
(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) Outdoor 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.
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 173-400-205 - Adjustment for atmospheric conditions

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
				  Chapter
				  70.94 RCW. 91-05-064
				  (Order 90-06), § 173-400-205, filed 2/19/91, effective
				  3/22/91.
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 173-400-210 - Emission requirements of prior jurisdictions

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
				  Chapter
				  70.94 RCW. 91-05-064
				  (Order 90-06), § 173-400-210, filed 2/19/91, effective
				  3/22/91.
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 173-400-220 - Requirements for board members

Current through Register Vol. 24-14, July 15, 2024
(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 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."
Statutory Authority:
				  Chapter
				  70.94 RCW. 91-05-064
				  (Order 90-06), § 173-400-220, filed 2/19/91, effective
				  3/22/91.
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 173-400-240 - Criminal penalties

Current through Register Vol. 24-14, July 15, 2024
Persons in violation of Title 173 WAC may be subject to the
				provisions of
				RCW
				   70.94.430.
Statutory Authority:
				  Chapter
				  70.94 RCW. 91-05-064
				  (Order 90-06), § 173-400-240, filed 2/19/91, effective
				  3/22/91.
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 173-400-250 - Appeals

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
				  Chapter
				  70.94 RCW. 93-18-007
				  (Order 93-03), § 173-400-250, filed 8/20/93, effective 9/20/93; 91-05-064
				  (Order 90-06), § 173-400-250, filed 2/19/91, effective
				  3/22/91.
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 173-400-260 - Conflict of interest

Current through Register Vol. 24-14, July 15, 2024
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 (Section 128).
Statutory Authority:
				  Chapter
				  70.94 RCW. 91-05-064
				  (Order 90-06), § 173-400-260, filed 2/19/91, effective
				  3/22/91.
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 173-400-560 - General order of approval

Current through Register Vol. 24-14, July 15, 2024
In lieu of filing a notice of construction application under
				WAC 173-400-110, the owner or
				operator may apply for coverage under a general order of approval issued under
				this section. Coverage under a general order of approval satisfies the
				requirement for new source review under
				RCW
				   70.94.152.
(1)
Issuance of general orders of
			 approval.
A permitting authority may issue a general order of approval
			 applicable to a specific type of emission unit or source, not including nonroad
			 engines as defined in section 216 of the Federal Clean Air Act, subject to the
			 conditions in this section. A general order of approval shall identify criteria
			 by which an emission unit or source may qualify for coverage under the
			 associated general order of approval and shall include terms and conditions
			 under which the owner or operator agrees to install and/or operate the covered
			 emission unit or source. At a minimum, these terms and conditions shall
			 include:
(a) Applicable emissions limitations
			 and/or control requirements;
(b)
			 Best available control technology;
(c) Appropriate operational restrictions,
			 such as:
(i) Criteria related to the physical
			 size of the unit(s) covered;
(ii)
			 Criteria related to raw materials and fuels used;
(iii) Criteria related to allowed or
			 prohibited locations; and
(iv)
			 Other similar criteria determined by a permitting authority;
(d) Monitoring, reporting and
			 recordkeeping requirements to ensure compliance with the applicable emission
			 limits and control requirements;
(e) Appropriate initial and periodic emission
			 testing requirements;
(f)
			 Compliance with chapter 173-460 WAC, WAC
			 173-400-112 and
			 173-400-113 as
			 applicable;
(g) Compliance with 40
			 C.F.R. Parts 60, 61, 62, and 63; and
(h) The application and approval process to
			 obtain coverage under the specific general order of approval.
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 173-400-700 - Review of major stationary sources of air pollution

Current through Register Vol. 24-14, July 15, 2024
(1) The following sections are to be used by
				ecology when reviewing and permitting new major stationary sources and major
				modifications to major stationary sources located in attainment or unclassified
				areas in Washington.
(2) WAC
				173-400-700 through
				173-400-750 apply statewide
				except:
(a) Where the authority has received
				delegation of the federal PSD program from EPA or has a SIP approved PSD
				program.
(b) To projects under the
				jurisdiction of the energy facility site evaluation council site certification
				process pursuant to
				chapter
				80.50 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 › PERMITTING OF MAJOR STATIONARY SOURCES AND MAJOR MODIFICATIONS TO MAJOR STATIONARY SOURCES › Section 173-400-710 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) For purposes of WAC
				173-400-720 through
				173-400-750 the definitions in
				40 C.F.R.
				52.21(b) (in effect on the
				date in WAC 173-400-025) must be used. Exception: The definition of "secondary
				emissions" as defined in WAC
				173-400-030 must be
				used.
(2) All usage of the term
				"source" in WAC
				173-400-710 through
				173-400-750 and in
				40 C.F.R.
				52.21 must be interpreted to mean "stationary
				source" as defined in 40
				C.F.R. 52.21(b)(5). A
				stationary source (or source) does not include emissions resulting directly
				from an internal combustion engine for transportation purposes, from a nonroad
				engine, or a nonroad vehicle as defined in section 216 of the Federal Clean Air
				Act.
Statutory Authority:
					 Chapter
					 70.94 RCW. 12-24-027
					 (Order 11-10), § 173-400-710, filed 11/28/12, effective 12/29/12.
					 Statutory Authority:
					 RCW
					    70.94.395 and
					 70.94.331. 07-11-039 (Order
					 06-03), § 173-400-710, filed 5/8/07, effective 6/8/07. Statutory
					 Authority:
					 RCW
					    70.94.152. 05-03-033 (Order 03-07), §
					 173-400-710, filed 1/10/05, effective
					 2/10/05.
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 173-400-720 - Prevention of significant deterioration (PSD)

Current through Register Vol. 24-14, July 15, 2024
(1) No major stationary
				source or major modification to which the requirements of this section apply is
				authorized to begin actual construction without having received a PSD
				permit.
(2)
Early planning
				encouraged.
In order to develop an appropriate application, the source
				should engage in an early planning process to assess the needs of the facility.
				An opportunity for a preapplication meeting with ecology is available to any
				potential applicant.
(3)
Enforcement.
Ecology or the permitting authority with jurisdiction
				over the source under chapter 173-401 WAC, the Operating permit regulation,
				shall:
(a) Receive all reports required in
				the PSD permit;
(b) Enforce the
				requirement to apply for a PSD permit when one is required; and
(c) Enforce the conditions in the PSD
				permit.
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 173-400-730 - Prevention of significant deterioration application processing procedures

Current through Register Vol. 24-14, July 15, 2024
(1)
(a) The applicant shall submit an application
				that provides complete information necessary for ecology to determine
				compliance with all PSD program requirements.
(b) The applicant shall submit complete
				copies of its PSD application or an application to increase a PAL, distributed
				in the following manner:
(i) Three copies to
				ecology: Air Quality Program, P.O. Box 47600, Olympia, WA 98504-7600.
(ii) One copy to each of the following
				federal land managers:
(A) U.S. Department of
				the Interior - National Park Service; and
(B) U.S. Department of Agriculture - U.S.
				Forest Service.
(iii)
				One copy to the permitting authority with authority over the source under
				chapter 173-401 WAC.
(iv) One copy
				to EPA.
(c) Application
				submittal and processing for the initial request, renewal or expiration of a
				PAL under 40 C.F.R.
				52.21(aa) shall be done as
				provided in 40 C.F.R.
				52.21(aa)(3) through (5) (in
				effect on the date in WAC 173-400-025). Exception: Public participation must
				comply with WAC
				173-400-740.
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 173-400-740 - PSD permitting public involvement requirements

Current through Register Vol. 24-14, July 15, 2024
(1)
Actions requiring notification of
				the public.
Ecology must provide public notice before approving or
				denying any of the following types of actions related to implementation of the
				PSD program contained in WAC
				173-400-720:
(a) Any preliminary determination to approve
				or disapprove a PSD permit application; or
(b) An extension of the time to begin
				construction or suspend construction under a PSD permit; or
(c) A revision to a PSD permit, except an
				administrative amendment to an existing permit; or
(d) Use of a modified or substituted model in
				Appendix W of  40 C.F.R. Part 51  (in effect on the date in WAC
				173-400-025) as part of review of air quality impacts.
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 173-400-750 - Revisions to PSD permits

Current through Register Vol. 24-14, July 15, 2024
(1) The
				owner or operator may request, at any time, a change in conditions of a PSD
				permit and ecology may approve the request provided ecology finds that:
(a) The change in conditions will not cause
				the source to exceed an emissions standard established by regulation;
(b) No ambient air quality standard or PSD
				increment will be exceeded as a result of the change;
(c) The change will not adversely impact the
				ability of ecology or the authority to determine compliance with an emissions
				standard;
(d) The revised PSD
				permit will continue to require BACT for each new or modified emission unit
				approved by the original PSD permit; and
(e) The revised PSD permit continues to meet
				the requirements of WAC
				173-400-800 through
				173-400-860, and
				173-400-113, as
				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 › PERMITTING OF MAJOR STATIONARY SOURCES AND MAJOR MODIFICATIONS TO MAJOR STATIONARY SOURCES › Section 173-400-800 - Major stationary source and major modification in a nonattainment area

Current through Register Vol. 24-14, July 15, 2024
WAC
				  173-400-800 through
				  173-400-860 apply statewide
				  except where a permitting authority has a permitting program for major
				  stationary sources in a nonattainment area incorporated into the Washington
				  state implementation plan as replacement for these sections.
These requirements apply to any new major stationary source
				  or major modification of an existing major stationary source located in a
				  designated nonattainment area that is major for the pollutant or pollutants for
				  which the area is designated as not in attainment of one or more national
				  ambient air quality standards.
Statutory Authority:
					 Chapter
					 70.94 RCW. 11-06-060
					 (Order 09-01), § 173-400-800, filed 3/1/11, effective
					 4/1/11.
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 173-400-810 - Major stationary source and major modification definitions

Current through Register Vol. 24-14, July 15, 2024
The definitions in this section must be used in the major
				  stationary source nonattain-ment area permitting requirements in WAC
				  173-400-800 through
				  173-400-860. If a term is defined
				  differently in the federal program requirements for issuance, renewal and
				  expiration of a Plant Wide Applicability Limitation (WAC
				  173-400-850), then that
				  definition must be used for purposes of the Plant Wide Applicability Limitation
				  program.
(1) Actual emissions means:
(a) The actual rate of emissions of a
				regulated NSR pollutant from an emissions unit, as determined in accordance
				with (b) through (d) of this subsection. This definition does not apply when
				calculating whether a significant emissions increase has occurred, or for
				establishing a PAL under WAC
				173-400-850. Instead, "projected
				actual emissions" and "baseline actual emissions" as defined in subsections (2)
				and (23) of this section apply for those purposes.
(b) In general, actual emissions as of a
				particular date shall equal the average rate, in tons per year, at which the
				unit actually emitted the pollutant during a consecutive twenty-four-month
				period which precedes the particular date and which is representative of normal
				source operation. The permitting authority shall allow the use of a different
				time period upon a determination that it is more representative of normal
				source operation. Actual emissions shall be calculated using the unit's actual
				operating hours, production rates, and types of materials processed, stored, or
				combusted during the selected time period.
(c) The permitting authority may presume that
				source-specific allowable emissions for the unit are equivalent to the actual
				emissions of the unit.
(d) For any
				emissions unit that has not begun normal operations on the particular date,
				actual emissions shall equal the potential to emit of the unit on that
				date.
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 173-400-840 - Emission offset requirements

Current through Register Vol. 24-14, July 15, 2024
(1)
				The ratio of total actual emissions reductions to the emissions increase shall
				be 1.1:1 unless an alternative ratio is provided for the applicable
				nonattainment area in subsection (2) through (4) of this section.
(2) In meeting the emissions offset
				requirements of WAC
				173-400-830 for ozone
				nonattainment areas that are subject to sections 181-185B of the Federal Clean
				Air Act, the ratio of total actual emissions reductions of VOC to the emissions
				increase of VOC shall be as follows:
(a) In
				any marginal nonattainment area for ozone - 1.1:1;
(b) In any moderate nonattainment area for
				ozone -1.15:1;
(c) In any serious
				nonattainment area for ozone - 1.2:1;
(d) In any severe nonattainment area for
				ozone - 1.3:1; and
(e) In any
				extreme nonattainment area for ozone - 1.5:1.
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 173-400-850 - Actual emissions plantwide applicability limitation (PAL)

Current through Register Vol. 24-14, July 15, 2024
The Actuals Plantwide Applicability Limitations (PAL)
				  program in Section IV.K of Appendix S (Emission Offset Interpretive Ruling) to
				   40 C.F.R. Part 51, (in effect on the date in WAC 173-400-025) is adopted with
				  the following exceptions:
(1) The term
				"reviewing authority" means "permitting authority" as defined in WAC
				173-400-030.
(2) "PAL permit" means the major or minor new
				source review permit issued that establishes the PAL and those PAL terms as
				they are incorporated into an air operating permit issued pursuant to chapter
				173-401 WAC.
(3) The reference to
				40 C.F.R.
				70.6(a)(3)(iii)(B) in
				subsection IV.K.14 means WAC
				173-401-615(3)(b).
(4) No PAL permit can be issued under this
				provision until EPA adopts this section into the state implementation
				plan.
Statutory Authority:
					 Chapter
					 70.94 RCW. 12-24-027
					 (Order 11-10), § 173-400-850, filed 11/28/12, effective 12/29/12;
					 11-06-060 (Order 09-01), § 173-400-850, filed 3/1/11, effective
					 4/1/11.
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 173-400-860 - Public involvement procedures

Current through Register Vol. 24-14, July 15, 2024
The public involvement procedures in WAC
				  173-400-171 shall be followed,
				  including joint public notifications (integrated review) with any proposed
				  notice of construction approval for the project. Any permit issued pursuant to
				  WAC 173-400-830 or
				  173-400-850 must comply with WAC
				  173-400-171.
Statutory Authority:
					 Chapter
					 70.94 RCW. 11-06-060
					 (Order 09-01), § 173-400-860, filed 3/1/11, effective
					 4/1/11.
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 173-400-930 - Emergency engines

Current through Register Vol. 24-14, July 15, 2024
(1)
Applicability.
(a) This section
				applies statewide except where a permitting authority has not adopted this
				section in rule.
(b) This section
				applies to diesel-fueled compression ignition emergency engines with a
				cumulative BHP rating greater than 500 BHP and equal to or less than 2000
				BHP.
(c) This section is not
				applicable to emergency engines proposed to be installed as part of a new major
				stationary source, as defined in WAC
				173-400-710 and
				173-400-810, or major
				modification, as defined in WAC
				173-400-710 and
				173-400-810.
(d) In lieu of filing a notice of
				construction application under WAC
				173-400-110, the owner or
				operator may comply with the requirements of this section for emergency
				engines.
(e) Compliance with this
				section satisfies the requirement for new source review of emergency engines
				under RCW
				   70.94.152 and chapter 173-460 WAC.
(f) An applicant may choose to submit a
				notice of construction application in accordance with WAC
				173-400-110 for a site specific
				review of criteria and toxic air pollutants in lieu of using this section's
				provisions.
(g) If an applicant
				cannot meet the requirements of this section, then they must file a notice of
				construction application.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-401 - Operating permit regulation › Part I - OVERVIEW › Section 173-401-100 - Program overview

Current through Register Vol. 24-14, July 15, 2024
(1) The provisions
				in this chapter establish the elements of a comprehensive Washington state air
				operating permit program consistent with the requirements of Title V of the
				Federal Clean Air Act (FCAA) (42 U.S.C.
				7401, et seq.).
(2) All sources subject to this regulation
				shall have a permit to operate that assures compliance by the source with all
				applicable requirements. While chapter 173-401 WAC does not impose substantive
				new requirements, it does require that fees be imposed on sources and that
				certain procedural measures be adopted especially with respect to
				compliance.
(3) The requirements of
				this chapter, including provisions regarding schedules for submission and
				approval or disapproval of permit applications, shall apply to the permitting
				of affected sources under the acid rain program, except as provided herein or
				modified in regulations promulgated under Title IV of the FCAA (acid rain
				program).
(4) Issuance of permits
				under this chapter may be coordinated with issuance of permits under the
				Resource Conservation and Recovery Act and under the Clean Water Act, whether
				issued by the state, the United States Environmental Protection Agency (EPA),
				or the United States Army Corps of Engineers.
Statutory Authority:
					 Chapter
					 70.94 RCW. 93-20-075
					 (Order 91-68), § 173-401-100, filed 10/4/93, effective
					 11/4/93.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-401 - Operating permit regulation › Part II - DEFINITIONS › Section 173-401-200 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The definitions of terms contained in chapter 173-400 WAC
				  are incorporated by reference, unless otherwise defined here. Unless a
				  different meaning is clearly required by context, the following words and
				  phrases, as used in this chapter, shall have the following meanings:
(1)
"Affected source"
means a
				source that includes one or more affected units.
(2)
"Affected states"
are the
				states or federally recognized Tribal Nations:
(a) Whose air quality may be affected when a
				chapter 401 permit, permit modification, or permit renewal is being proposed;
				or
(b) That are within fifty miles
				of the permitted source.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-401 - Operating permit regulation › Part III - APPLICABILITY › Section 173-401-300 - Applicability

Current through Register Vol. 24-14, July 15, 2024
(1)Chapter 401 sources.
				The provisions of this chapter apply in all areas of the state of Washington to
				the following sources:
(a) Any source
				required by the FCAA to have an operating permit. These include the following
				sources:
(i) Any major source as defined in
				WAC 173-401-200.
(ii) Any source, including an area source,
				subject to a standard, limitation, or other requirement under section 111
				(Standards of Performance for New Stationary Sources) of the FCAA. A small
				municipal waste combustion unit constructed on or before August 30, 1999, and
				regulated under WAC
				173-400-050(5) becomes subject to this chapter on July 1, 2002.
(iii) Any source, including an area source,
				subject to a standard or other requirement under section 112 of the FCAA,
				except that a source is not required to obtain a permit solely because it is
				subject to regulations or requirements under section 112(r) (Prevention of
				Accidental Releases) of the FCAA.
(iv) Any solid waste incineration units
				required to obtain permits under section 129 of the FCAA.
A commercial and industrial solid waste incineration unit
				  constructed on or before November 30, 1999, and regulated under WAC
				  173-400-050(4) becomes subject to this chapter on July 1, 2002.
(v) Any "affected source" regulated under
				Title IV (Acid Deposition Control) of the FCAA.
(vi) Any source in a source category
				designated by the EPA pursuant to  40 C.F.R. Part 70, as amended through April
				7, 1993.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-401 - Operating permit regulation › Part V - PERMIT APPLICATIONS › Section 173-401-520 - Certification

Current through Register Vol. 24-14, July 15, 2024
Any application form, report, or compliance certification
				  submitted pursuant to this chapter shall contain certification by a responsible
				  official of truth, accuracy, and completeness. This certification and any other
				  certification required under this chapter shall state that, based on
				  information and belief formed after reasonable inquiry, the statements and
				  information in the document are true, accurate, and complete.
Statutory Authority:
					 Chapter
					 70.94 RCW. 93-20-075
					 (Order 91-68), § 173-401-520, filed 10/4/93, effective
					 11/4/93.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-401 - Operating permit regulation › Part V - PERMIT APPLICATIONS › Section 173-401-530 - Insignificant emission units

Current through Register Vol. 24-14, July 15, 2024
(1)
				General. This section contains criteria for identifying insignificant emission
				units or activities for purposes of the operating permit program. Designation
				of an emission unit or activity as insignificant for purposes of this chapter
				does not exempt the unit or activity from any applicable requirement. An
				emission unit or activity is insignificant based on one or more of the
				following approaches:
(a) Actual emissions of
				all regulated air pollutants from a unit or activity are less than the emission
				thresholds established in subsection (4) of this section. Such emission units
				and activities must be listed in the permit application;
(b) The emission unit or activity is listed
				in WAC 173-401-532 as categorically
				exempt. Such emission units or activities do not have to be listed in the
				permit application;
(c) The
				emission unit or activity is listed in WAC
				173-401-533 and is considered
				insignificant if its size or production rate based on maximum rated capacity is
				below the specified level. These emission units or activities must be listed in
				the permit application.
(d) The
				emission unit or activity generates only fugitive emissions (as defined in WAC
				173-400-030(31)), which are subject to no applicable requirement other than generally
				applicable requirements of the state implementation plan as defined in
				subsection (2) of this section. These units or activities must be listed on the
				permit application.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-401 - Operating permit regulation › Part VI - PERMIT CONTENT › Section 173-401-600 - Permit content

Current through Register Vol. 24-14, July 15, 2024
(1) Each permit
				shall contain terms and conditions that assure compliance with all applicable
				requirements at the time of permit issuance. Every requirement in an operating
				permit shall be based upon the most stringent of the following requirements:
(a) The FCAA and rules implementing that act,
				including provisions of the approved state implementation plan;
(b)Chapter 70.94 RCW and rules implementing
				that chapter. This includes requirements in regulatory orders issued by the
				permitting authority;
(c) In
				permits issued by a local air pollution control authority, the requirements of
				any order or regulation adopted by that authority;
(d)Chapter 70.98 RCW and rules adopted
				thereunder; and
(e)Chapter
				80.50 RCW and rules
				adopted thereunder.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-401 - Operating permit regulation › Part VI - PERMIT CONTENT › Section 173-401-605 - Emission standards and limitations

Current through Register Vol. 24-14, July 15, 2024
(1) General. Each permit shall contain
				emission limitations and standards, including those operational requirements
				and limitations that assure compliance with all applicable requirements at the
				time of permit issuance.
(2)
				Alternative emission limits. If the Washington state implementation plan allows
				a determination of an alternative emission limit at a chapter 401 source,
				equivalent to that contained in the plan, to be made in the permit issuance,
				renewal, or significant modification process, the permitting authority may
				elect to use such process. Any permit containing such equivalency determination
				shall contain provisions to ensure that any resulting emissions limit has been
				demonstrated to be quantifiable, accountable, enforceable, and based on
				replicable procedures.
(3)
				Reasonably available control technology (RACT). Emission standards and other
				requirements contained in rules or regulatory orders in effect at the time of
				operating permit issuance or renewal shall be considered RACT for purposes of
				permit issuance or renewal. RACT determinations under section 8, chapter 252,
				Laws of 1993, shall be incorporated into an operating permit as provided in WAC
				173-401-730.
Statutory Authority:
					 Chapter
					 70.94 RCW. 93-20-075
					 (Order 91-68), § 173-401-605, filed 10/4/93, effective
					 11/4/93.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-401 - Operating permit regulation › Part VI - PERMIT CONTENT › Section 173-401-610 - Permit duration

Current through Register Vol. 24-14, July 15, 2024
The permitting authority shall issue permits for a fixed term
				  of five years.
Statutory Authority:
					 Chapter
					 70.94 RCW. 93-20-075
					 (Order 91-68), § 173-401-610, filed 10/4/93, effective
					 11/4/93.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-401 - Operating permit regulation › Part VI - PERMIT CONTENT › Section 173-401-615 - Monitoring and related recordkeeping and reporting requirements

Current through Register Vol. 24-14, July 15, 2024
(1) Monitoring. Each
				permit shall contain the following requirements with respect to monitoring:
(a) All emissions monitoring and analysis
				procedures or test methods required under the applicable requirements,
				including any procedures and methods promulgated pursuant to sections 504(b) or
				114(a)(3) of the FCAA;
(b) Where
				the applicable requirement does not require periodic testing or instrumental or
				noninstrumental monitoring (which may consist of recordkeeping designed to
				serve as monitoring), periodic monitoring sufficient to yield reliable data
				from the relevant time period that are representative of the source's
				compliance with the permit, as reported pursuant to subsection (3) of this
				section. Such monitoring requirements shall assure use of terms, test methods,
				units, averaging periods, and other statistical conventions consistent with the
				applicable requirement. Recordkeeping provisions may be sufficient to meet the
				requirements of this paragraph; and
(c) As necessary, requirements concerning the
				use, maintenance, and, where appropriate, installation of monitoring equipment
				or methods.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-401 - Operating permit regulation › Part VI - PERMIT CONTENT › Section 173-401-620 - Standard terms and conditions

Current through Register Vol. 24-14, July 15, 2024
(1)
				Acid rain. Each permit for an affected source shall contain a condition
				prohibiting emissions exceeding any allowances that the source lawfully holds
				under Title IV of the FCAA or the regulations promulgated thereunder.
(a) No permit revision shall be required for
				increases in emissions that are authorized by allowances acquired pursuant to
				the acid rain program, provided that such increases do not require a permit
				revision under any other applicable requirement.
(b) No limit shall be placed on the number of
				allowances held by the source. The source may not, however, use allowances as a
				defense to noncompliance with any other applicable requirement.
(c) Any such allowance shall be accounted for
				according to the procedures established in regulations promulgated under Title
				IV of the FCAA and in effect on April 7, 1993.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-401 - Operating permit regulation › Part VI - PERMIT CONTENT › Section 173-401-625 - Federally enforceable requirements

Current through Register Vol. 24-14, July 15, 2024
(1)
				Federal enforceability. All terms and conditions in a chapter 401 permit,
				including any provisions designed to limit a source's potential to emit, are
				enforceable by the administrator and citizens under the FCAA.
(2) Exceptions. Notwithstanding subsection
				(1) of this section, the permitting authority shall specifically designate as
				not being federally enforceable under the FCAA any terms and conditions
				included in the permit that are not required under the FCAA or under any of its
				applicable requirements. Terms and conditions so designated are not subject to
				the EPA and affected states review requirements of WAC
				173-401-700 through
				173-401-820.
Statutory Authority:
					 Chapter
					 70.94 RCW. 93-20-075
					 (Order 91-68), § 173-401-625, filed 10/4/93, effective
					 11/4/93.