Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-401 - Operating permit regulation › Part IV - PROGRAM DELEGATION › Section 173-401-400 - Program delegation

Current through Register Vol. 24-14, July 15, 2024
(1) General.
				Ecology is authorized to submit the state operating permit program for approval
				under section 502 of the Federal Clean Air Act. Subject to federal approval,
				ecology may, in turn, delegate the federally approved state permit program to
				the local authority with jurisdiction in a given area. This section describes
				the procedures for delegating the federally approved state operating permit
				program to a local authority.
(2)
				Application. The board of any local air pollution control authority may apply
				to ecology for a delegation order authorizing that authority to administer the
				operating permit program for sources under that authority's jurisdiction
				pursuant to
				RCW
				   70.94.161(2)(b).
(3) Delegation orders. Ecology will, by
				order, approve such delegation if ecology finds that the authority has the
				technical and financial resources needed to discharge the responsibilities of a
				permitting authority under the FCAA. Each delegation order shall specify the
				terms and conditions for program delegation and define the responsibilities of
				the permitting authority and ecology in implementing the statewide program. All
				delegation orders and supporting program documentation shall be submitted to
				EPA for review and approval.
(4)
				Required information. A delegation request from the authority shall include the
				information specified in 40
				C.F.R. 70.4(b)(3), (b)(7),
				(b)(8), and (b)(11). In addition, the request
				shall include a description of how the authority will meet the requirement that
				every proposed permit be reviewed and signed prior to issuance by a
				professional engineer or staff under the direct supervision of a professional
				engineer in the employ of the permitting authority and, with respect to the
				latter, signed, dated, and stamped by the supervising professional
				engineer.
(5) Effective date. Any
				delegation order issued under this section shall take effect ninety days after
				the EPA authorizes the local authority to issue operating permits under the
				FCAA.
(6) Public notice. Ecology
				shall publish in the
State Register
notice of proposed
				decisions on program delegation and substantial program revision. The notice
				shall summarize the proposal and provide at least a thirty-day public comment
				period. EPA review of these requests may occur concurrently with the state
				process. Notice of approval of program delegation and substantial program
				revision requests shall be published in the
State Register
.
				Notice of approval of minor program revisions may be given by a letter from
				ecology to the authority.
(7)
				Performance review. Reviews of the implementation of the operating permit
				program by ecology and delegated local authorities shall be conducted as
				provided in WAC
				173-401-920.
(8) Program revisions. Revisions to the state
				program, EPA approval of those revisions, and delegation to local authorities
				shall be implemented using the procedures in subsections (1) through (6) of
				this section.
Statutory Authority:
					 Chapter
					 70.94 RCW. 93-20-075
					 (Order 91-68), § 173-401-400, filed 10/4/93, effective
					 11/4/93.