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 173-400-830 - Permitting requirements

Current through Register Vol. 24-14, July 15, 2024
(1) The owner or
				operator of a proposed new major stationary source or a major modification of
				an existing major stationary source, as determined according to WAC
				173-400-820, is authorized to
				construct and operate the proposed project provided the following requirements
				are met:
(a) The proposed new major
				stationary source or a major modification of an existing major stationary
				source will not cause any ambient air quality standard to be exceeded, will not
				violate the requirements for reasonable further progress established by the SIP
				and will comply with WAC
				173-400-113(3) and
				(4)    for all air contaminants for which the
				area has not been designated nonattainment.
(b) The permitting authority has determined,
				based on review of an analysis performed by the owner or operator of a proposed
				new major stationary source or a major modification of an existing major
				stationary source of alternative sites, sizes, production processes, and
				environmental control techniques, that the benefits of the project
				significantly outweigh the environmental and social costs imposed as a result
				of its location, construction, or modification.
(c) The proposed new major stationary source
				or a major modification of an existing major stationary source will comply with
				all applicable New Source Performance Standards, National Emission Standards
				for Hazardous Air Pollutants, National Emission Standards for Hazardous Air
				Pollutants for Source Categories, and emission standards adopted by ecology and
				the permitting authority.
(d) The
				proposed new major stationary source or a major modification of an existing
				major stationary source will employ BACT for all air contaminants and
				designated precursors to those air contaminants, except that it will achieve
				LAER for the air contaminants and designated precursors to those air
				contaminants for which the area has been designated nonattainment and for which
				the proposed new major stationary source is major or for which the existing
				source is major and the proposed modification is a major
				modification.
(e) Allowable
				emissions from the proposed new major stationary source or major modification
				of an existing major stationary source of that air contaminant and designated
				precursors to those air contaminants are offset by reductions in actual
				emissions from existing sources in the nonattainment area. All offsetting
				emission reductions must satisfy the requirements in WAC
				173-400-840.
(f) The owner or operator of the proposed new
				major stationary source or major modification of an existing major stationary
				source has demonstrated that all major stationary sources owned or operated by
				such person (or by any entity controlling, controlled by, or under common
				control with such person) in Washington are subject to emission limitations and
				are in compliance, or on a schedule for compliance, with all applicable
				emission limitations and standards under the Federal Clean Air Act, including
				all rules in the SIP.
(g) If the
				proposed new source is also a major stationary source within the meaning of WAC
				173-400-720, or the proposed
				modification is also a major modification within the meaning of WAC
				173-400-720, it meets the
				requirements of the PSD program under
				40 C.F.R.
				52.21 delegated to ecology by EPA Region 10,
				while such delegated program remains in effect. The proposed new major
				stationary source or major modification will comply with the PSD program in WAC
				173-400-700 through
				173-400-750 for all air
				contaminants for which the area has not been designated nonattainment when that
				PSD program has been approved into the Washington SIP.
(h) The proposed new major stationary source
				or the proposed major modification meets the special protection requirements
				for federal Class I areas in WAC
				173-400-117.
(i) All requirements of this section
				applicable to major stationary sources and major modifications of volatile
				organic compounds shall apply to nitrogen oxides emissions from major
				stationary sources and major modifications of nitrogen oxides in an ozone
				transport region or in any ozone nonattainment area, except in an ozone
				nonattainment area or in portions of an ozone transport region where EPA has
				granted a NOX waiver applying the standards set forth
				under section 182(f) of the Federal Clean Air Act and the waiver continues to
				apply.
(j) The requirements of this
				section applicable to major stationary sources and major modifications of PM-10
				and PM-2.5 shall also apply to major stationary sources and major modifications
				of PM-10 and PM-2.5 precursors, except where EPA determines that such sources
				do not contribute significantly to PM-10 levels that exceed the PM-10 ambient
				standards in the area.