reglab/statecodes huggingface dataset:
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 173-401-630 - Compliance requirements

Current through Register Vol. 24-14, July 15, 2024
(1) General.
				Consistent with WAC
				173-401-615, all chapter 401
				permits shall contain compliance certification, testing, monitoring, reporting,
				and recordkeeping requirements sufficient to assure compliance with the terms
				and conditions of the permit. Any document (including reports) required by a
				chapter 401 permit shall contain a certification by a responsible official that
				meets the requirements of WAC
				173-401-520.
(2) Inspection and entry. Each permit shall
				contain inspection and entry requirements that require, that upon presentation
				of credentials and other documents as may be required by law, the permittee
				shall allow the permitting authority or an authorized representative to perform
				the following:
(a) Enter upon the permittee's
				premises where a chapter 401 source is located or emissions-related activity is
				conducted, or where records must be kept under the conditions of the
				permit;
(b) Have access to and
				copy, at reasonable times, any records that must be kept under the conditions
				of the permit;
(c) Inspect at
				reasonable times any facilities, equipment (including monitoring and air
				pollution control equipment), practices, or operations regulated or required
				under the permit; and
(d) As
				authorized by WAC
				173-400-105 and the FCAA, sample
				or monitor at reasonable times substances or parameters for the purpose of
				assuring compliance with the permit or applicable requirements.
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 173-401-635 - Temporary sources

Current through Register Vol. 24-14, July 15, 2024
The permitting authority may issue a single permit
				  authorizing emissions from similar operations by the same source owner or
				  operator at multiple temporary locations. The operation must be temporary and
				  involve at least one change of location during the term of the permit. No
				  affected source shall be permitted as a temporary source. Permits for temporary
				  sources shall include the following:
(1) Conditions that will assure compliance
				with all applicable requirements at all authorized locations;
(2) Requirements that the owner or operator
				notify the permitting authority at least ten days in advance of each change in
				location; and
(3) Conditions that
				assure compliance with all other provisions in WAC
				173-401-600 through
				173-401-650.
Statutory Authority:
					 Chapter
					 70.94 RCW. 93-20-075
					 (Order 91-68), § 173-401-635, 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 173-401-640 - Permit shield

Current through Register Vol. 24-14, July 15, 2024
(1) Shield
				requirement. Each chapter 401 permit shall include a provision stating that
				compliance with the conditions of the permit shall be deemed compliance with
				any applicable requirements as of the date of permit issuance, provided that
				such applicable requirements are included and are specifically identified in
				the permit.
(2) Inapplicable
				requirements. Upon request, the permitting authority shall include in the
				permit or in a separate written finding issued with the permit a determination
				identifying specific requirements that do not apply to the source. The source
				shall specify in its application for such a determination the requirements as
				to which the determination is requested. If the determination is issued in a
				separate finding, that finding shall be summarized in the permit. The permit
				shall state that the permit shield applies to any requirements so identified. A
				request to extend the permit shield to requirements deemed inapplicable to the
				source may be made either in the original permit application or in an
				application for a permit modification.
(3) Omissions. A chapter 401 permit that does
				not expressly state that a permit shield extends to specific applicable
				requirements shall be presumed not to provide such a shield for those
				requirements.
(4) Exclusions.
				Nothing in this section or in any chapter 401 permit shall alter or affect the
				following:
(a) The provisions of section 303
				of the FCAA (emergency orders), including the authority of the administrator
				under that section;
(b) The
				liability of an owner or operator of a source for any violation of applicable
				requirements prior to or at the time of permit issuance;
(c) The applicable requirements of the acid
				rain program, consistent with section 408(a) of the FCAA;
(d) The ability of EPA to obtain information
				from a source pursuant to section 114 of the FCAA; or
(e) The ability of the permitting authority
				to establish or revise requirements for the use of reasonably available control
				technology (RACT) as provided in chapter 252, Laws of 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 173-401-645 - Emergency provision

Current through Register Vol. 24-14, July 15, 2024
(1) Definition. An
				"emergency" means any situation arising from sudden and reasonably
				unforeseeable events beyond the control of the source, including acts of God,
				which situation requires immediate corrective action to restore normal
				operation, and that causes the source to exceed a technology-based emission
				limitation under the permit, due to unavoidable increases in emissions
				attributable to the emergency. An emergency shall not include noncompliance to
				the extent caused by improperly designed equipment, lack of preventative
				maintenance, careless or improper operation, or operator error.
(2) Effect of an emergency. An emergency
				constitutes an affirmative defense to an action brought for noncompliance with
				such technology-based emission limitations if the conditions of subsection (3)
				of this section are met.
(3)
				Criteria. The affirmative defense of emergency shall be demonstrated through
				properly signed, contemporaneous operating logs, or other relevant evidence
				that:
(a) An emergency occurred and that the
				permittee can identify the cause(s) of the emergency;
(b) The permitted facility was at the time
				being properly operated;
(c) During
				the period of the emergency the permittee took all reasonable steps to minimize
				levels of emissions that exceeded the emission standards, or other requirements
				in the permit; and
(d) The
				permittee submitted notice of the emergency to the permitting authority within
				two working days of the time when emission limitations were exceeded due to the
				emergency or shorter periods of time specified in an applicable requirement.
				This notice fulfills the requirement of WAC
				173-401-615(3)(b) unless the excess emissions represent a
				potential threat to human health or safety. This notice must contain a
				description of the emergency, any steps taken to mitigate emissions, and
				corrective actions taken.
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 173-401-650 - Operational flexibility

Current through Register Vol. 24-14, July 15, 2024
(1) Reasonably
				anticipated operating scenarios. Each permit shall contain terms and conditions
				for reasonably anticipated operating scenarios identified by the source in its
				application as approved by the permitting authority. Such terms and conditions:
(a) Shall require the source,
				contemporaneously with making a change from one operating scenario to another,
				to record in a log at the permitted facility a record of the scenario under
				which it is operating;
(b) Shall
				extend the permit shield described in WAC
				173-401-640 to all terms and
				conditions under each such operating scenario; and
(c) Shall ensure that the terms and
				conditions of each such alternative scenario meet all applicable requirements
				and the requirements of this chapter.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-401 - Operating permit regulation › Part VII - PERMIT ISSUANCE, RENEWAL, REOPENINGS, AND REVISIONS › Section 173-401-700 - Action on application

Current through Register Vol. 24-14, July 15, 2024
(1) A permit,
				permit modification, or renewal may be issued only if all of the following
				conditions have been met:
(a) The permitting
				authority has received a complete application for a permit, permit
				modification, or permit renewal, except that a complete application need not be
				received before issuance of a general permit under WAC
				173-401-750;
(b) The permit has been 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, in the latter case, signed, dated, and stamped by the
				supervising professional engineer;
(c) The permitting authority has complied
				with the requirements for public participation under WAC
				173-401-800;
(d) The permitting authority has complied
				with the requirements for notifying and responding to affected states under WAC
				173-401-820;
(e) The conditions of the permit provide for
				compliance with all applicable requirements and the requirements of this
				chapter;
(f) The administrator has
				received a copy of the proposed permit and any notices required under WAC
				173-401-810 and
				173-401-820, and has not objected
				in writing to issuance of the permit within forty-five days of receipt of the
				proposed permit and all necessary supporting information; and
(g) Where EPA has objected to issuance of a
				permit or modification, the permittee has consented in writing to the changes
				required by the EPA.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-401 - Operating permit regulation › Part VII - PERMIT ISSUANCE, RENEWAL, REOPENINGS, AND REVISIONS › Section 173-401-705 - Requirement for a permit

Current through Register Vol. 24-14, July 15, 2024
(1) Requirement
				for a permit. Except as provided in subsection (2) of this section, WAC
				173-401-722 and
				173-401-725, no chapter 401
				source may operate after the time that it is required to submit a timely and
				complete application, except in compliance with a permit issued under this
				chapter.
(2) Application shield. If
				a chapter 401 source submits a complete application for permit issuance
				(including for renewal) within twelve months of the time the source becomes
				subject to the permit program, operation of the source without a chapter 401
				permit is not a violation of this chapter until the permitting authority takes
				final action on the permit application, except as noted in this section.
				Chapter 401 sources in existence on the date of EPA approval of the state
				permit program shall become subject to the program on the effective date of EPA
				approval. This protection shall cease to apply if, subsequent to the
				completeness determination made pursuant to WAC
				173-401-700(6),
				the applicant fails to submit by the deadline specified in writing by the
				permitting authority any additional information identified as being needed to
				process the application.
Statutory Authority:
					 Chapter
					 70.94 RCW. 93-20-075
					 (Order 91-68), § 173-401-705, 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 VII - PERMIT ISSUANCE, RENEWAL, REOPENINGS, AND REVISIONS › Section 173-401-710 - Permit renewal, revocation and expiration

Current through Register Vol. 24-14, July 15, 2024
(1) Renewal application. The source shall
				submit a complete permit renewal application to the permitting authority no
				later than the date established in the permit. This date shall be no less than
				six months prior to the expiration of the permit. The permitting authority may
				require that a permit renewal application must be submitted earlier. The
				permitting agency must mail this written notice to the source at least one year
				before the new application deadline to ensure that the terms of the permit will
				not lapse before the permit is renewed. In no event shall the application due
				date be earlier than eighteen months prior to the expiration of the permit. The
				permitting authority shall send a permit application to each source at least
				six months before a complete application is due.
(2) Permit issuance. Permits being renewed
				are subject to the same procedural requirements, including those for public
				participation, affected state and EPA review, that apply to initial permit
				issuance.
(3) Expired permits.
				Permit expiration terminates the source's right to operate unless a timely and
				complete renewal application has been submitted consistent with subsection (1)
				of this section and WAC
				173-401-500. All terms and
				conditions of the permit shall remain in effect after the permit itself expires
				if a timely and complete permit application has been submitted.
(4) Revocation of permits. The permitting
				authority may revoke a permit only upon the request of the permittee or for
				cause. The permitting authority shall provide at least thirty days written
				notice to the holder of a current operating permit prior to revocation of the
				permit or denial of a permit renewal application. Such notice shall include an
				explanation of the basis for the proposed action and afford the
				permittee/applicant an opportunity to meet with the permitting authority prior
				to the authority's final decision. A revocation issued under this section may
				be issued conditionally with a future effective date and may specify that the
				revocation will not take effect if the permittee satisfies the specified
				conditions before the effective date. Nothing in this subsection shall limit
				the permitting authority's authority to issue emergency orders.
Statutory Authority:
					 RCW
					 70.94.161(2). 02-19-078
					 (Order 02-02), § 173-401-710, filed 9/16/02, effective 10/17/02. Statutory
					 Authority:
					 Chapter
					 70.94 RCW. 93-20-075
					 (Order 91-68), § 173-401-710, 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 VII - PERMIT ISSUANCE, RENEWAL, REOPENINGS, AND REVISIONS › Section 173-401-720 - Administrative permit amendments

Current through Register Vol. 24-14, July 15, 2024
(1)
				Definition. An "administrative permit amendment" is a permit revision that:
(a) Corrects typographical errors;
(b) Identifies a change in the name, address,
				or phone number of any person identified in the permit, or provides a similar
				minor administrative change at the source;
(c) Requires more frequent monitoring or
				reporting by the permittee;
(d)
				Allows for a change in ownership or operational control of a source where the
				permitting authority determines that no other change in the permit is
				necessary, provided that a written agreement containing a specific date for
				transfer of permit responsibility, coverage, and liability between the current
				and new permittee has been submitted to the permitting authority;
(e) Incorporates into the chapter 401 permit
				the terms, conditions, and provisions from orders approving notice of
				construction applications processed under an EPA-approved program, provided
				that such a program meets procedural requirements substantially equivalent to
				the requirements of WAC
				173-401-700,
				173-401-725, and
				173-401-800 that would be
				applicable to the change if it were subject to review as a permit modification,
				and compliance requirements substantially equivalent to those contained in WAC
				173-401-600 through
				173-401-650.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-401 - Operating permit regulation › Part VII - PERMIT ISSUANCE, RENEWAL, REOPENINGS, AND REVISIONS › Section 173-401-722 - Changes not requiring permit revisions

Current through Register Vol. 24-14, July 15, 2024
(1) General.
(a) A chapter 401 source is authorized to
				make the changes described in this section without a permit revision, providing
				the following conditions are met:
(i) The
				proposed changes are not Title I modifications;
(ii) The proposed changes do not result in
				emissions which exceed those allowable under the permit, whether expressed as a
				rate of emissions, or in total emissions;
(iii) The proposed changes do not alter
				permit terms that are necessary to enforce limitations on emissions from units
				covered by the permit; and
(iv) The
				facility provides the administrator and the permitting authority with written
				notification at least seven days prior to making the proposed changes except
				that written notification of a change made in response to an emergency shall be
				provided as soon as possible after the event.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-401 - Operating permit regulation › Part VII - PERMIT ISSUANCE, RENEWAL, REOPENINGS, AND REVISIONS › Section 173-401-724 - Off-permit changes

Current through Register Vol. 24-14, July 15, 2024
(1) The source
				shall be allowed to make changes not specifically addressed or prohibited by
				the permit terms and conditions without requiring a permit revision, provided
				that the proposed changes do not weaken the enforceability of existing permit
				conditions. Any change that is a Title I modification or is a change subject to
				the acid rain requirements under Title IV of the FCAA must be submitted as a
				permit revision.
(2) Each such
				change shall meet all applicable requirements and shall not violate any
				existing permit term or condition.
(3) Sources must provide contemporaneous
				written notice to the permitting authority and EPA of each such change, except
				for changes that qualify as insignificant under WAC
				173-401-530. Such written notice
				shall describe each such change, including the date, any change in emissions,
				pollutants emitted, and any applicable requirement that would apply as a result
				of the change.
(4) The change shall
				not qualify for the permit shield under WAC
				173-401-640.
(5) The permittee shall keep a record
				describing changes made at the source that result in emissions of a regulated
				air pollutant subject to an applicable requirement, but not otherwise regulated
				under the permit, and the emissions resulting from those changes.
(6) A source making a change under this
				section shall comply with applicable preconstruction review requirements
				established pursuant to
				RCW
				   70.94.152.
Statutory Authority:
					 Chapter
					 70.94 RCW. 93-20-075
					 (Order 91-68), § 173-401-724, 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 VII - PERMIT ISSUANCE, RENEWAL, REOPENINGS, AND REVISIONS › Section 173-401-725 - Permit modification

Current through Register Vol. 24-14, July 15, 2024
(1) Definition.
				A permit modification is any revision to a chapter 401 permit that cannot be
				accomplished under provisions for administrative permit amendments under WAC
				173-401-720. A permit
				modification for purposes of the acid rain portion of the permit shall be
				governed by regulations promulgated under Title IV of the FCAA and in effect on
				April 7, 1993.
(2) Minor permit
				modification procedures.
(a) Criteria.
(i) Minor permit modification procedures
				shall be used for those permit modifications that:
(A) Do not violate any applicable
				requirement;
(B) Do not involve
				significant changes to existing monitoring, reporting, or recordkeeping
				requirements in the permit;
(C) Do
				not require or change a case-by-case determination of an emission limitation or
				other standard, or a source-specific determination for temporary sources of
				ambient impacts, or a visibility or increment analysis;
(D) Do not seek to establish or change a
				permit term or condition for which there is no corresponding underlying
				applicable requirement and that the source has assumed to avoid an applicable
				requirement to which the source would otherwise be subject. Such terms and
				conditions include:
(I) A federally
				enforceable emissions cap assumed to avoid classification as a modification
				under any provision of Title I of the FCAA; and
(II) An alternative emissions limit approved
				pursuant to regulations promulgated under section 112(i)(5) of the
				FCAA;
(E) Are not
				modifications under any provision of Title I of the FCAA;
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-401 - Operating permit regulation › Part VII - PERMIT ISSUANCE, RENEWAL, REOPENINGS, AND REVISIONS › Section 173-401-730 - Reopening for cause

Current through Register Vol. 24-14, July 15, 2024
(1) Standard
				provisions. Each issued permit shall include provisions stating that the permit
				shall be reopened and revised under any of the following circumstances:
(a) Additional applicable requirements become
				applicable to a major chapter 401 source with a remaining permit term of three
				or more years. Such a reopening shall be completed not later than eighteen
				months after promulgation of the applicable requirement. No such reopening is
				required if the effective date of the requirement is later than the date on
				which the permit is due to expire, unless the original permit or any of its
				terms and conditions have been extended pursuant to WAC
				173-401-620(2)(j);
(b) Additional requirements (including excess
				emissions requirements) become applicable to an affected source under the acid
				rain program. Upon approval by the administrator, excess emissions offset plans
				shall be deemed to be incorporated into the permit;
(c) The permitting authority or the
				administrator determines that the permit contains a material mistake or that
				inaccurate statements were made in establishing the emissions standards or
				other terms or conditions of the permit; or
(d) The administrator or the permitting
				authority determines that the permit must be revised or revoked to assure
				compliance with the applicable requirements.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-401 - Operating permit regulation › Part VII - PERMIT ISSUANCE, RENEWAL, REOPENINGS, AND REVISIONS › Section 173-401-735 - Permit appeals

Current through Register Vol. 24-14, July 15, 2024
(1) A decision to
				issue or to deny a final permit, or the terms or conditions of such a permit,
				may be appealed to the pollution control hearings board under chapter 43.21B
				RCW and RCW    70.94.161(9).
				Any appealable decision or determination shall be identified as such and shall
				contain a conspicuous notice to the recipient that it may be appealed by filing
				an appeal with the pollution control hearings board and serving the appeal on
				the permitting authority within thirty days of receipt, pursuant to
				RCW
				   43.21B.310. The provision for appeal in this
				section is separate from and additional to any federal rights to petition and
				review under section 505(b) of the FCAA, including petitions filed pursuant to
				40 C.F.R.
				70.8(c) and
				70.8(d).
(2) Appealing parties. Parties that may file
				the appeal referenced in subsection (1) of this section include any person who
				participated in the public participation process pursuant to WAC
				173-401-800.
(3) As provided in
				RCW
				   34.05.570, a person may seek a writ of
				mandamus in the event that a permitting authority fails to take final action on
				an application for a permit, permit renewal, or permit revision within the
				deadlines specified by WAC
				173-401-700 through
				173-401-725.
Statutory Authority:
					 RCW
					 70.94.161(2)(a). 97-08-084
					 (Order 97-01), § 173-401-735, filed 4/2/97, effective 5/3/97. Statutory
					 Authority:
					 Chapter
					 70.94 RCW. 93-20-075
					 (Order 91-68), § 173-401-735, 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 VIII - THE PERMIT PROCESS FOR GENERAL PERMITS › Section 173-401-750 - General permits

Current through Register Vol. 24-14, July 15, 2024
(1) Permit
				issuance. The permitting authority may, after notice and opportunity for public
				participation provided under WAC
				173-401-800, issue a general
				permit covering numerous similar sources or emissions units. Any general permit
				shall comply with all requirements applicable to other chapter 401 permits and
				shall identify criteria by which sources may qualify for the general permit. To
				sources that qualify, the permitting authority shall grant the conditions and
				terms of the general permit. Notwithstanding the shield provisions of WAC
				173-401-640, the source shall be
				subject to enforcement action for operation without a chapter 401 permit if the
				source is later determined not to qualify for the conditions and terms of the
				general permit. General permits shall not be authorized for affected sources
				under the acid rain program.
(2)
				Applications. Chapter 401 sources that would qualify for a general permit must
				apply to the permitting authority for coverage under the terms of the general
				permit or must apply for a chapter 401 permit consistent with WAC
				173-401-500. The permitting
				authority may, in the general permit, provide for applications which deviate
				from the requirements of WAC
				173-401-510, provided that such
				applications meet the requirements of this chapter, and include all information
				necessary to determine qualification for, and to assure compliance with, the
				general permit. Without repeating the public participation procedures required
				under WAC
				173-401-800, the permitting
				authority may grant a source's request for authorization to operate under a
				general permit, but such a grant shall not be a final permit action for
				purposes of judicial review.
(3)
				Renewal. General permits being renewed are subject to the same procedural
				requirements, including public participation, that apply to initial permit
				issuance. If the general permit is renewed without change, sources covered by
				the general permit do not need to submit new applications to operate under the
				authority of the general permit.
Statutory Authority:
					 Chapter
					 70.94 RCW. 93-20-075
					 (Order 91-68), § 173-401-750, 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 IX - PUBLIC INVOLVEMENT AND PERMIT REVIEW BY EPA AND AFFECTED STATES › Section 173-401-800 - Public involvement

Current through Register Vol. 24-14, July 15, 2024
(1) Purpose. It
				is ecology's and local air authorities' goal to ensure that accurate permitting
				information is made available to the public in a timely manner. The permitting
				authority is responsible for providing notice of permitting actions that allows
				sufficient time for comment and for providing enough information to inform the
				public of the extent of the actions proposed. These public involvement
				regulations establish a statewide process to be followed by all permitting
				authorities.
(2) Public notice.
(a) The permitting authority shall provide
				public notice for the following actions:
(i)
				Issuance of a draft permit or permit renewal;
(ii) Intended denial of a permit
				application;
(iii) Issuance of a
				draft permit modification;
(iv)
				Issuance of a draft general permit;
(v) Scheduling of a public hearing under
				subsection (4) of this section; and
(vi) Any other related activities that the
				permitting authority considers to involve substantial public
				interest.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-401 - Operating permit regulation › Part IX - PUBLIC INVOLVEMENT AND PERMIT REVIEW BY EPA AND AFFECTED STATES › Section 173-401-805 - Permit register

Current through Register Vol. 24-14, July 15, 2024
(1) Permit
				register. Ecology shall regularly publish and maintain a
Permit
				Register
that will be distributed to all interested parties that
				request to be on the mailing list. All permitting authorities will work to
				ensure the information published in the register is timely.
(2) Content. Besides the actions listed in
				WAC 173-401-800(2),
				the register will give notice of the following, as pertains to sources covered
				under this rule:
(a) Public meetings or
				hearings on a draft operating permit;
(b) Receipt of complete permit
				applications;
(c) Permit appeals to
				the pollution control hearings board;
(d) Issuance or denial of final permit,
				permit modifications, or renewals;
(e) Authorization for a source to operate
				without an operating permit by limiting its potential to emit to levels below
				those that would require the source to obtain an operating permit.
(f) Periodic summaries of enforcement order
				and changes made without revising the permit pursuant to WAC
				173-401-722.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-401 - Operating permit regulation › Part IX - PUBLIC INVOLVEMENT AND PERMIT REVIEW BY EPA AND AFFECTED STATES › Section 173-401-810 - EPA review

Current through Register Vol. 24-14, July 15, 2024
(1) Information
				transfer. The permitting authority shall provide to the administrator a copy of
				each permit application (including any application for permit modification),
				each proposed permit, and each final chapter 401 permit. The applicant may be
				required by the permitting authority to provide a copy of the permit
				application (including the compliance plan) directly to the administrator. Upon
				agreement with the administrator, the permitting authority may submit to the
				administrator a permit application summary form and any relevant portion of the
				permit application and compliance plan, in place of the complete permit
				application and compliance plan. To the extent practicable, the preceding
				information shall be provided in computer-readable format compatible with EPA's
				national data base management system.
(2) Records. Each permitting authority shall
				keep for five years such records and submit to the administrator such
				information as the administrator may reasonably require to ascertain whether
				the state program complies with the requirements of the FCAA or of  40 C.F.R.
				part 70.
Statutory Authority:
					 Chapter
					 70.94 RCW. 93-20-075
					 (Order 91-68), § 173-401-810, 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 IX - PUBLIC INVOLVEMENT AND PERMIT REVIEW BY EPA AND AFFECTED STATES › Section 173-401-820 - Review by affected states

Current through Register Vol. 24-14, July 15, 2024
(1)
				Notice. The permitting authority shall give notice of each draft permit, permit
				revision, or permit renewal to any affected state on or before the time that
				the permitting authority provides this or permit revision notice to the public
				under WAC
				173-401-800 and
				173-401-805, except to the extent
				WAC 173-401-725(2) or
				(3)    requires the timing of the notice to be
				different.
(2) Response. The
				permitting authority, as part of the submittal of the proposed permit to the
				administrator (or as soon as possible after the submittal for minor permit
				modification procedures allowed under WAC
				173-401-725(2) and
				(3)    shall notify the administrator and any
				affected state in writing of any refusal by the permitting authority to accept
				all recommendations for the proposed permit that the affected state submitted
				during the public or affected state review period. The notice shall include the
				permitting authority's reasons for not accepting any such recommendation. The
				permitting authority is not required to accept recommendations that are not
				based on applicable requirements or the requirements of this chapter.
(3) British Columbia notification. The
				permitting authority shall notify British Columbia of draft permits, permit
				revisions, or permit renewals at sources located within 100 kilometers of the
				Washington-British Columbia border. Such notice shall be concurrent with
				notification of EPA and affected states.
Statutory Authority:
					 Chapter
					 70.94 RCW. 93-20-075
					 (Order 91-68), § 173-401-820, 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 X - FEE DETERMINATION AND CERTIFICATION › Section 173-401-900 - Fee determination-Ecology

Current through Register Vol. 24-14, July 15, 2024
(1)
				Fee determination. Ecology shall develop a fee schedule, consistent with the
				process outlined below, according to which it will collect fees from permit
				program sources under its jurisdiction. The fees shall be sufficient to cover
				ecology's permit administration costs and its share of ecology's development
				and oversight costs. The fee schedule shall also indicate the shares of
				ecology's development and oversight costs that are to be collected by each
				delegated local authority. Opportunities for public participation shall be
				afforded throughout the fee determination process, as provided in WAC
				173-401-920(1).
(2) Fee eligible activities. The costs of the
				permit administration and development and oversight activities are fee
				eligible.
(a) Permit administration. Permit
				administration costs are those incurred by each permitting authority, including
				ecology, in administering and enforcing the operating permit program with
				respect to sources under its jurisdiction. Permit administration costs are
				those enumerated in WAC
				173-401-940(1).
(b) Development and oversight. Development
				and oversight costs are those incurred by ecology in developing and
				administering the state operating permit program and in overseeing the
				administration of the program by the delegated local authorities. Development
				and oversight costs are those enumerated in WAC
				173-401-940(2).
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-401 - Operating permit regulation › Part X - FEE DETERMINATION AND CERTIFICATION › Section 173-401-905 - Fee determination - Delegated local authorities

Current through Register Vol. 24-14, July 15, 2024
Each delegated local authority shall establish a process for
				  developing, assessing, and collecting fees from permit program sources under
				  its jurisdiction. The fees shall be sufficient to cover its permit
				  administration costs and its share of ecology's development and oversight
				  costs. The fee determination process shall provide opportunity for public
				  participation.
Statutory Authority:
					 Chapter
					 70.94 RCW. 94-02-041
					 (Order 93-19), § 173-401-905, filed 12/30/93, effective
					 1/30/94.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-401 - Operating permit regulation › Part X - FEE DETERMINATION AND CERTIFICATION › Section 173-401-910 - General permit fee determination

Current through Register Vol. 24-14, July 15, 2024
Reserved.
Statutory Authority:
					 Chapter
					 70.94 RCW. 94-02-041
					 (Order 93-19), § 173-401-910, filed 12/30/93, effective
					 1/30/94.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-401 - Operating permit regulation › Part X - FEE DETERMINATION AND CERTIFICATION › Section 173-401-915 - Fee collection - Ecology and delegated local authorities

Current through Register Vol. 24-14, July 15, 2024
(1) Collection from
				sources. Ecology and each delegated local authority shall collect fees
				sufficient to cover the costs of their respective permit administration
				activities and their share of ecology's development and oversight activities
				from the permit program sources under their respective jurisdictions.
(2) Dedicated account. All receipts from fees
				collected by or on behalf of ecology from permit program sources pursuant to
				RCW
				   70.94.162 shall be deposited in the air
				operating permit account created under
				RCW
				   70.94.015. All receipts from fees collected
				by delegated local authorities from permit program sources pursuant to
				RCW
				   70.94.162 shall be deposited in their
				respective air operating permit accounts or other accounts dedicated
				exclusively to support of the operating permit program.
Statutory Authority:
					 Chapter
					 70.94 RCW. 94-02-041
					 (Order 93-19), § 173-401-915, filed 12/30/93, effective
					 1/30/94.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-401 - Operating permit regulation › Part X - FEE DETERMINATION AND CERTIFICATION › Section 173-401-920 - Accountability-Ecology and delegated local authorities

Current through Register Vol. 24-14, July 15, 2024
(1) Public participation during fee
				determination process. Ecology shall provide for public participation in the
				fee determination process described under WAC
				173-401-900, which provision
				shall include, but not be limited to, the following:
(a) Ecology shall provide opportunity for
				public review of and comment on each biennial workload analysis and
				budget.
(b) Ecology shall publish
				in the
Permit Register
notice of issuance of its draft
				biennial workload analysis and draft biennial budget and issuance of its annual
				fee schedule.
(c) Ecology shall
				make available for public review, on or before February 28 of each
				even-numbered year, copies of its draft biennial workload analysis and draft
				biennial budget. Ecology shall make available for public review, on or before
				October 31 of each year, copies of its annual fee schedule, including
				information on availability of the data used for the determination. Ecology
				shall maintain a mailing list of persons requesting opportunity for review
				under this subsection or under WAC
				173-401-925(1).
				Ecology may, from time to time, inform the public of the opportunity to be
				placed on the mailing list and may delete from the list persons who fail to
				respond to an inquiry regarding continued interest in receiving
				materials.
(d) Ecology shall
				provide at least sixty days for public comment on the draft biennial workload
				analysis and draft biennial budget. Such sixty-day period for comment shall run
				from the date ecology mails the draft workload analysis and draft budget as
				provided in (c) of this subsection.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-401 - Operating permit regulation › Part X - FEE DETERMINATION AND CERTIFICATION › Section 173-401-930 - Fee payment and penalties - Ecology

Current through Register Vol. 24-14, July 15, 2024
(1) Fee payment. Each permit program source
				under ecology's jurisdiction shall pay a fee in the amount reflected in the fee
				schedule or invoice issued under WAC
				173-401-925(3).
				Such fee shall be due on or before February 28 of each year.
(2) Failure to pay fees. Ecology shall charge
				a penalty to a permit program source under its jurisdiction for failure to pay
				all or part of its operating permit fee after ninety days past the due date for
				fee payment. Ecology may charge such penalty in an amount up to three times the
				source's total original assessed fee.
(3) Other penalties. The penalties authorized
				in subsection (2) of this section are additional to and in no way prejudice
				ecology's or a local air authority's ability to exercise other civil and
				criminal remedies, including the authority to revoke a source's operating
				permit for failure to pay all or part of its operating permit fee.
(4) Facility closure. Sources that
				permanently cease operations will be required to pay only a pro rata portion of
				the annual operating permit fee for the fiscal year in which they cease
				operations. The portion of the fee to be paid will be calculated by dividing
				the number of calendar days that have passed in the relevant fiscal year at the
				time the source ceases operations by the total of three hundred sixty-five
				calendar days, and multiplying the fraction thus derived by the fee that the
				source would have paid for the relevant fiscal year, had it not ceased
				operations.
Statutory Authority:
					 Chapter
					 70.94 RCW. 94-02-041
					 (Order 93-19), § 173-401-930, filed 12/30/93, effective
					 1/30/94.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-401 - Operating permit regulation › Part X - FEE DETERMINATION AND CERTIFICATION › Section 173-401-935 - Development and oversight remittance by local authorities-Ecology and delegated local authorities

Current through Register Vol. 24-14, July 15, 2024
(1) Collection.
				On or before October 31 of each year, ecology shall provide to each delegated
				local authority a statement of the share of ecology's development and oversight
				costs for which the authority is responsible for collecting from sources under
				its jurisdiction.
(2) Remittance.
				Each delegated local authority shall remit to ecology the share of ecology's
				development and oversight costs for which the delegated local authority is
				responsible for collecting from sources under its jurisdiction on or before
				March 31.
Statutory Authority:
					 Chapter
					 70.94 RCW. 94-02-041
					 (Order 93-19), § 173-401-935, filed 12/30/93, effective
					 1/30/94.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-401 - Operating permit regulation › Part X - FEE DETERMINATION AND CERTIFICATION › Section 173-401-940 - Fee eligible activities-Ecology and delegated local authorities

Current through Register Vol. 24-14, July 15, 2024
(1) Permit
				administration activities shall include:
(a)
				Preapplication assistance and review of an application and proposed compliance
				plan for a permit, permit revision, or renewal;
(b) Source inspections, testing and other
				data-gathering activities necessary for the development or a permit, permit
				revision, or renewal;
(c) Acting on
				an application for a permit, permit revision, or renewal, including the costs
				of developing an applicable requirement as part of the processing of a permit,
				permit revision, or renewal, preparing a draft permit and fact sheet, and
				preparing a final permit, but excluding the costs of developing BACT, LAER,
				BART, or RACT requirements for criteria and toxic air pollutants;
(d) Notifying and soliciting, reviewing and
				responding to comment from the public and contiguous states and tribes,
				conducting public hearings regarding the issuance of a draft permit and other
				costs of providing information to the public regarding operating permits and
				the permit issuance process;
(e)
				Modeling necessary to establish permit limits or to determine compliance with
				permit limits;
(f) Reviewing
				compliance certifications and emissions reports and conducting related
				compilation and reporting activities;
(g) Conducting compliance inspections,
				complaint investigations, and other activities necessary to ensure that a
				source is complying with permit conditions;
(h) Administrative enforcement activities and
				penalty assessment, excluding the costs of proceedings before the pollution
				control hearings board and all costs of judicial enforcement;
(i) The share attributable to permitted
				sources of the development and maintenance of emissions inventories;
(j) The share attributable to permitted
				sources of ambient air quality monitoring and associated recording and
				reporting activities;
(k) Training
				for permit administration and enforcement;
(l) Fee determination, assessment, and
				collection, including the costs of necessary administrative dispute resolution
				and penalty collection;
(m)
				Required fiscal audits, periodic performance audits, and reporting
				activities;
(n) Tracking of time,
				revenues and expenditures, and accounting activities;
(o) Administering the permit program
				including the costs of clerical support, supervision, and management;
(p) Other activities required by
				operating permit regulations issued by the United States Environmental
				Protection Agency under the Federal Clean Air Act; and
(q) Provision of assistance to small business
				consistent with
				RCW
				   70.94.162.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-405 - Kraft pulping mills › Section 173-405-012 - Statement of purpose

Current through Register Vol. 24-14, July 15, 2024
These rules are enacted under the provisions of the Washington
				Clean Air Act as amended (RCW    70.94.395) 
				to:
(1) Assume state jurisdiction over
			 emissions from kraft pulping mills to provide for the systematic control of air
			 pollution in this industry and for the proper development of the state's
			 natural resources; and
(2)
			 Establish technically feasible and reasonably attainable standards and revise
			 such standards as new information and better technology are developed and
			 become available.
Statutory Authority:
				  Chapter
				  70.94 RCW. 91-05-064
				  (Order 90-06), § 173-405-012, filed 2/19/91, effective 3/22/91. Statutory
				  Authority:
				  RCW
				     70.94.331 and
				  70.94.395. 80-11-060 (Order DE
				  80-15), § 173-405-012, filed
				  8/20/80.