reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-76 - Regulations for compliance with NPDES permit program › Section 463-76-034 - Fact sheets

Current through Register Vol. 24-14, July 15, 2024
(1) The council shall prepare and include in any public notice
				given pursuant to WAC
				463-76-041 a fact sheet with
				respect to the NPDES application described in the public notice. Such fact
				sheet shall include at least the following:
(a) The type of facility or activity which is subject of the
				application;
(b) A sketch or detailed description of the location of the
				discharge described in the NPDES application;
(c) A quantitative description of the type of discharge
				described in the NPDES application which includes at least the
				following:
(i) The rate and frequency of the proposed discharge; as
				average daily flow in gallons per day or million gallons per day and whether
				the flow is continuous or intermittent;
(ii) For thermal discharges, the estimated maximum, minimum and
				average summer and winter temperatures; and
(iii) The average daily discharge in pounds per day, or other
				appropriate units, of any pollutants which are present in significant
				quantities or which are subject to limitations or prohibition under this
				chapter and
				RCW  90.48.010,
				90.54.020 and sections 301, 302,
				306 or 307 of the act and regulations published thereunder;
(d) The tentative determinations required under WAC
				463-76-033.
(e) The legal and technical grounds for the tentative
				determination, including an explanation of how conditions meet both the
				technology-based and water quality-based requirements of the act and
				chapters
				90.48, 90.52, and
				90.54 RCW;
(f) The effluent standards and limitations applied to the
				proposed discharge;
(g) The applicable water quality standards, including
				identification of the uses for which receiving waters have been classified by
				ecology;
(h) How the draft permit addresses use or disposal of residual
				solids generated by wastewater treatment; and
(i) A description of the procedures to be used by the council
				in formulating final determinations for an NPDES permit, which shall include,
				but not be limited to:
(i) Thirty day comment period required by WAC
				463-76-041(2);
(ii) Procedures for requesting a public hearing and the nature
				thereof; and
(iii) Any other procedures by which the public may participate,
				either directly or through counsel for the environment, in the formulation of
				the final determinations, including the availability of any environmental
				assessments or detailed statements of environmental impact and any public
				hearings which may be held by the council prior to the final determination on
				the NPDES application.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-76 - Regulations for compliance with NPDES permit program › Section 463-76-041 - Public notice

Current through Register Vol. 24-14, July 15, 2024
(1) The council shall circulate notice of the NPDES application
				and tentative determination within the geographical areas of the proposed
				discharge. Circulation shall include one or more of the following:
(a) Posting for a period of thirty days in the post office and
				public places of the municipality nearest the premises of the applicant in
				which the effluent source is located;
(b) Posting for a period of thirty days at or near the entrance
				of the applicant's principal place of business and in nearby places;
(c) Posting on the council's internet web site;
(d) Publishing in a major local newspaper of general
				circulation.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-76 - Regulations for compliance with NPDES permit program › Section 463-76-042 - Public hearings

Current through Register Vol. 24-14, July 15, 2024
(1) The applicant, any affected state, any affected interstate
				agency, any affected county, any interested agency, any affected tribe, person
				or group of persons, or the regional administrator may request of or petition
				the council for a public hearing on the council's tentative determination under
				WAC 463-76-033. Any such request or
				petition for public hearing shall be filed within thirty days after the giving
				of public notice pursuant to WAC
				463-76-041. Said request or
				petition shall indicate the interest of the party filing such request and the
				reasons why it is thought that a hearing is warranted.
(2) A public hearing shall be held if there is a significant
				public interest (including the filing of request(s) or petition(s) for such
				hearing) in holding such a hearing.
(3) Any hearings brought pursuant to this section shall be held
				in the geographical area of the proposed discharge or other appropriate area,
				in the discretion of the council, and may, as appropriate, consider related
				groups of permit applications.
(4) Any public hearings held hereunder will be conducted in
				accordance with provisions of
				RCW  80.50.090,
				chapter
				34.05 RCW et seq., and
				regulations promulgated thereunder.
(5) Public notice of any hearing held pursuant to WAC
				463-76-042(1) through (4)   shall be circulated at least as widely as was the
				notice of the NPDES application and shall include at least the
				following:
(a) Notice shall be published in at least one major local
				newspaper of general circulation within the geographical area of the
				discharge;
(b) Notice shall be sent to all persons and government agencies
				which received a copy of the notice or the fact sheet;
(c) Notice shall be mailed to any person or group upon request;
				and
(d) Notice shall be effected pursuant to subparagraphs (a) and
				(c) of this paragraph at least [thirty] days in advance of the hearing. The
				council may give notice of a public hearing concurrent with public notice given
				pursuant to WAC
				463-76-041.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-76 - Regulations for compliance with NPDES permit program › Section 463-76-043 - Public access to information

Current through Register Vol. 24-14, July 15, 2024
(1) All records relating to NPDES applications (including the
				draft NPDES permit prepared pursuant to WAC
				463-76-033(2) or
				any public comment upon those records pursuant to WAC
				463-76-041(2)) 
				shall be available to the public for inspection and copying consistent with WAC
				463-06-110 - Copying and
				fees.
(2) Any information (other than effluent data) received by the
				council and contained in any NPDES forms, or other records, reports or plans
				shall be protected as confidential upon a showing by any person that such
				information if made public would divulge methods or processes entitled to
				protection as trade secrets of such person. Claims of confidentiality for the
				following information will be denied:
(a) The name and address of any permit applicant or
				permittee;
(b) Permit applicants, permits, and effluent data;
(c) Information required by NPDES application forms pursuant to
				WAC 463-76-031 may not be claimed
				confidential.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-76 - Regulations for compliance with NPDES permit program › Section 463-76-051 - General conditions

Current through Register Vol. 24-14, July 15, 2024
(1) Any NPDES permit shall be issued for a period of not longer
				than five years, which period shall start on the date of issuance of said
				permit. Review and reissuance of this authorization per WAC
				463-76-061 to discharge
				wastewater, storm water, and sanitary sewer wastes and any related changes to
				the site certification agreement shall not require approval of the governor.
				However, the permittee shall inform the council at least one hundred eighty
				days prior to any initiation of such a discharge.
(2) The decision to approve or reject, and on what conditions
				an NPDES permit shall be issued, shall be in conformance with the requirements
				of this chapter. A majority vote of council members shall resolve any dispute
				and shall determine the approval or rejection of an NPDES
				application.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, amended and recodified as §
										463-76-051, filed 10/11/04,
				  effective 11/11/04. Statutory Authority:
				  RCW 80.50.040(1). 87-01-065
				  (Order 86-1), § 463-38-051, filed 12/17/86; Order 114, § 463-38-051,
				  filed 2/4/77. Formerly WAC
				  463-16-051.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-76 - Regulations for compliance with NPDES permit program › Section 463-76-053 - Effluent limitations, water quality standards and other requirements for NPDES permits

Current through Register Vol. 24-14, July 15, 2024
(1) Any NPDES permit issued by the council shall apply and
				insure compliance with all of the following, whenever applicable:
(a) All known, available, and reasonable methods of treatment;
				including effluent limitations established under sections 301, 302, 306, and
				307 of the act. The effluent limitations shall not be less stringent than those
				based upon the treatment facility design efficiency contained in approved
				engineering plans and reports or approved revisions thereto. The effluent
				limitations shall reflect any seasonal variation in industrial loading;
(b) Any more stringent limitation, including those:
(i) Necessary to meet water quality standards, treatment
				standards or schedules of compliance established pursuant to any state law or
				regulation under authority preserved to the state by section 510 of the act;
				or
(ii) Necessary to meet any applicable federal law or regulation
				other than the act or regulations thereunder; or
(iii) Required to implement any applicable water quality
				standards; such limitations to include any legally applicable requirements
				necessary to implement total maximum daily loads established pursuant to
				section 303(d) and
				incorporated in the continuing planning process approved under section
				303(e) of the
				act and any regulations and guidelines issued pursuant thereto;
(iv) Prevent or control pollutant discharges from facility site
				runoff, spillage or leaks, sludge or waste disposal, or materials handling or
				storage; and
(v) Meet the permit by rule provisions of the state dangerous
				waste regulation, WAC
				173-303-802(4) or
				(5).
(c) Any more stringent legal applicable requirements necessary
				to comply with a plan approved pursuant to section
				208(d) of the
				act; and
(d) Prior to promulgation by the administrator of applicable
				effluent standards and limitations pursuant to sections 301, 302, 306 and 307 of the act, such conditions as the council determines are necessary to carry
				out the provisions of the act.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-76 - Regulations for compliance with NPDES permit program › Section 463-76-054 - Schedules of compliance

Current through Register Vol. 24-14, July 15, 2024
(1) With respect to any discharge which is found by the council
				not to be in compliance with applicable effluent standards and limitations,
				applicable water quality standards, or other legally applicable requirements
				listed in WAC
				463-76-053(1)(b) and
				(c), the permittee shall be required to take
				specific steps to achieve compliance with the following:
(a) Any legally applicable schedule of compliance contained
				in:
(i) Applicable effluent standards and limitations;
(ii) Water quality standards; or
(iii) Legally applicable requirements listed in WAC
				463-76-053; or
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-76 - Regulations for compliance with NPDES permit program › Section 463-76-055 - Other terms and conditions

Current through Register Vol. 24-14, July 15, 2024
In addition to the requirements of WAC
				463-76-051,
				463-76-052 and
				463-76-053, each issued NPDES
				permit shall require that:
(1) All discharges authorized by the NPDES permit shall be
				consistent with the terms and conditions of the permit; any facility
				expansions, production increases or process modifications which would result in
				new or increased discharges of pollutants must be reported to the council by
				submission of a new NPDES application or supplement thereto or, if such
				discharge does not violate effluent limitations specified in the NPDES permit,
				by submission to the council of notice of such new or increased discharges of
				pollutants; any discharge of any pollutant more frequent than or at a level in
				excess of that identified and authorized by the NPDES permit shall constitute a
				violation of the terms and conditions of the NPDES permit;
(2) The permit may be modified, suspended or revoked in whole
				or in part during its terms for cause including, but not limited to, the
				following:
(a) Violation of any term or condition of the NPDES
				permit;
(b) Obtaining an NPDES permit by misrepresentation or failure
				to disclose fully all relevant facts;
(c) A change in any condition that requires either a temporary
				or permanent reduction or elimination of the permitted discharge; and
(d) A determination that the permitted activity endangers human
				health or the environment, or contributes to water quality standards
				violations.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-76 - Regulations for compliance with NPDES permit program › Section 463-76-061 - Reissuance of NPDES permits

Current through Register Vol. 24-14, July 15, 2024
(1) Any permittee shall make application for reissuance of an
				NPDES permit or continuation of discharges after the expiration date of the
				NPDES permit by filing with the council an application for reissuance of the
				permit at least one hundred eighty days prior to its expiration.
(2) The scope and manner of any review of an application for
				reissuance of an NPDES permit by the council shall be sufficiently detailed as
				to insure the following:
(a) That the permittee is in compliance with or has
				substantially complied with all of the terms, conditions, requirements and
				schedules of compliance of the expired NPDES permit;
(b) That the council has up-to-date information on the
				permittee's production levels, permittee's waste treatment practices, and the
				nature, content and frequencies of permittee's discharge, either pursuant to
				the submission of new forms and applications or pursuant to monitoring records
				and reports submitted to the council by the permittee and;
(c) That the discharge is consistent with applicable effluent
				standards and limitations, water quality standards, and other legally
				applicable requirements listed in WAC
				463-76-053(1) and
				(2), including any additions to, or revisions
				or modifications of, such effluent standards and limitations, water quality
				standards, or other legally applicable requirements during the term of the
				permit.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-76 - Regulations for compliance with NPDES permit program › Section 463-76-062 - Modification of NPDES permit

Current through Register Vol. 24-14, July 15, 2024
(1) After notice and opportunity for a public hearing, any
				permit issued under the NPDES can be modified, suspended or revoked in whole or
				in part during its term for cause including, but not limited to, the causes
				listed in WAC
				463-76-055(2).
(2) The council may, upon request of a permittee, revise or
				modify a schedule of compliance in an issued NPDES permit if the council
				determines good and valid cause exists for such revision and if within thirty
				days following receipt of notice from the council, the regional administrator
				does not object in writing.
(3) Any such modifications shall be executed by the council and
				the permittee in the same manner as the NPDES permit was executed, including
				full compliance with the requirements of WAC
				463-76-041,
				463-76-042 and
				463-76-043.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, amended and recodified as §
										463-76-062, filed 10/11/04,
				  effective 11/11/04; Order 114, § 463-38-062, filed 2/4/77. Formerly WAC
				  463-16-062.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-76 - Regulations for compliance with NPDES permit program › Section 463-76-0625 - Permit issuance

Current through Register Vol. 24-14, July 15, 2024
Any permit issued by the council pursuant to this chapter shall
				become an attachment to a site certification agreement. For an energy facility
				proposal requiring the execution of a governor-approved site certification
				agreement, the permit shall be effective upon the governor's approval and
				execution of the site certification agreement. For existing facilities under
				the jurisdiction of the council, revisions, modifications or reissuance of the
				NPDES permit shall be effective when approved by the council and signed by the
				chair.
04-23-003, recodified as §
										463-76-0625, filed 11/4/04,
				  effective 11/11/04. Statutory Authority:
				  RCW  80.50.040(1) and (12).
				  04-21-013, § 463-38-0625, filed 10/11/04, effective
				  11/11/04.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-76 - Regulations for compliance with NPDES permit program › Section 463-76-063 - Appeal

Current through Register Vol. 24-14, July 15, 2024
(1) The approval, rejection, or modification of an NPDES permit
				shall be subject to judicial review pursuant to the provisions of
				chapter
				34.05 RCW.
(2) No appeal shall be taken under paragraph (1) until such
				time as the council makes its recommendations to the governor pursuant to
				RCW  80.50.100(2).
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, recodified as §
										463-76-063, filed 10/11/04, effective 11/11/04.
				  Statutory Authority:
				  RCW 80.50.040. 91-03-090, § 463-38-063,
				  filed 1/18/91, effective 2/18/91; Order 114, § 463-38-063, filed 2/4/77.
				  Formerly WAC 463-16-063.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-76 - Regulations for compliance with NPDES permit program › Section 463-76-064 - Transmission to regional administrator of proposed NPDES permit

Current through Register Vol. 24-14, July 15, 2024
(1) Each proposed NPDES permit will be transmitted to the
				regional administrator in accordance with the following procedures:
(a) A copy of the proposed NPDES permit, including any and all
				terms, conditions, requirements or documents which are a part of the proposed
				permit or which affect the authorization by the proposed permit of the
				discharge of pollutants except as to classes, types or sizes within any
				category of point sources waived in writing by the regional
				administrator.
(b) The regional administrator shall be provided a ninety-day
				period, unless waived in advance, in which to comment upon, make
				recommendations with respect to, or object in writing to the issuance of the
				proposed permit pursuant to any right to object provided the administrator in
				section 402(d)(2) of the
				act. No permit shall be issued if the regional administrator objects in writing
				to the issuance of such permit pursuant to any such right within said period,
				unless such objection is waived or withdrawn by the regional administrator in
				writing. Should no such objection be received within said period, it shall be
				presumed that the administrator has no objection to the issuance of the
				proposed permit.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-76 - Regulations for compliance with NPDES permit program › Section 463-76-065 - Monitoring and enforcement

Current through Register Vol. 24-14, July 15, 2024
(1) Monitoring.
(a) Any discharge authorized by a permit may be subject to such
				monitoring requirements as may be reasonably required by the council, including
				the installation, use, and maintenance of monitoring equipment or methods
				(including, where appropriate, biological monitoring methods). These monitoring
				requirements would normally include:
(i) Flow (in gallons per day);
(ii) Pollutants (either directly or indirectly through the use
				of accepted correlation coefficients or equivalent measurements) which are
				subject to limitation, reduction, or elimination under the terms and conditions
				of the permit;
(iii) Pollutants which the council finds could have a
				significant impact on the quality of waters of the state; and
(iv) Pollutants specified by the administrator, in regulations
				issued pursuant to the act, as subject to monitoring.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-76 - Regulations for compliance with NPDES permit program › Section 463-76-080 - Transmittal of data to regional administrator

Current through Register Vol. 24-14, July 15, 2024
(1) A complete NPDES form or relevant portions of any forms
				received by the council as outlined below shall be transmitted to the regional
				administrator upon receipt by the council.
(2) The regional administrator may object in writing to
				deficiencies in any NPDES application or reporting form and to required such
				deficiency to be corrected, so long as the administrator acts to inform the
				council by letter within twenty days after receipt of the NPDES application or
				reporting form. If the regional administrator's objection relates to an NPDES
				application, the council will send to the regional administrator any
				information necessary to correct the deficiency. If the regional administrator
				so requests, the council will not issue the NPDES permit until they receive
				notice from the regional administrator that the deficiency has been corrected,
				which notice shall not be withheld for more than thirty days.
(3) For all minor discharges, the council may require the
				operator of such a discharge to submit NPDES application forms or such other
				information as may be requested by the regional administrator.
(4) On the last day of the months of February, May, August, and
				November, the council shall transmit to the regional administrator a list of
				all instances in the previous ninety days of failure or refusal of a permittee
				to comply with an interim or final requirement. Such list shall be available to
				the public for inspection or copying and shall contain at least the following
				information on each instance of noncompliance:
(a) Name and address of each noncomplying permittee;
(b) A short description of the instance of noncompliance (e.g.,
				failure to submit preliminary plans, delay in commencement of construction of
				treatment facility, failure to notify the council of compliance with an interim
				requirement, etc.);
(c) A short description of any actions or proposed actions by
				the permittee or the council to comply or enforce compliance with the interim
				or final requirement; and
(d) Any details which explain or mitigate an instance of
				noncompliance with an interim or final requirement.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-76 - Regulations for compliance with NPDES permit program › Section 463-76-090 - Conflict of interest

Current through Register Vol. 24-14, July 15, 2024
No member of the council shall have received, or has during the
				previous two years received, a significant portion of his income directly or
				indirectly from permit holders or applicants for an NPDES permit under the
				jurisdiction of this council.
(1) For the purposes of this section, the term "member"
				includes any individual who has or shares authority to approve permit
				applications or portions thereof, either in the first instance or on
				appeal.
(2) For the purpose of this section, the term "permit holders
				or applicants for a permit" shall not include any department or agency of a
				state government.
(3) For the purposes of this section, the term "significant
				portion of his income" shall mean ten percent of gross personal income for a
				calendar year, except that it shall mean fifty percent of gross personal income
				for a calendar year if the recipient is over sixty years of age and is
				receiving such portion pursuant to retirement pension or similar
				arrangement.
(4) For the purposes of this section, the term "income"
				includes retirement benefits, consultant fees and stock dividends.
(5) For the purposes of this section, income is not received
				"directly or indirectly from permit holders or applicants for a permit" if it
				is derived from mutual fund payments or from other diversified investments over
				which the recipient does not know the identity of the primary source of
				income.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, amended and recodified as §
										463-76-090, filed 10/11/04,
				  effective 11/11/04; Order 114, § 463-38-090, filed 2/4/77. Formerly WAC
				  463-16-090.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-78 - General and operating permit regulations for air pollution sources › Section 463-78-005 - Adoption by reference

Current through Register Vol. 24-14, July 15, 2024
(1) The energy
			 facility site evaluation council adopts by reference the provisions in the
			 chapters listed below in this section and the federal rules in WAC 463-78-115 as it existed on November 11, 2019.
(2) The energy facility site evaluation
			 council adopts by reference the following provisions of chapter 173-400 WAC in
			 effect on the date in subsection (1) of this section with the following
			 exceptions:
(a)These provisions are not
			 adopted by reference:
(i) WAC 173-400-111(5)(a) (last six words), (6), (9);
(ii) WAC 173-400-730(4);
(iii) WAC 173-400-750(2) second sentence ;
			 and
(iv) The adoption date shall be
			 November 11, 2019.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-78 - General and operating permit regulations for air pollution sources › Section 463-78-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The energy facility
			site evaluation council, under the
			authority vested in it by chapters
			80.50 and 70.94 RCW, is charged with
			responsibilities for the conduct of a
			statewide program of air pollution
			prevention and control for energy
			facilities. This regulation provides
			the basic framework for carrying out
			the council's responsibilities for
			such a program through the
			establishment of standards for maximum
			permissible emissions, the
			implementation of registration and
			notice requirements, provision for
			monitoring and reporting, and the
			identification of regulatory actions
			which may be taken to enforce
			standards. This chapter is designed to
			operate within the statutory framework
			for the distribution of
			responsibilities between state,
			regional and local units of government
			in dealing with problems of air
			pollution.
Statutory Authority:
				  RCW  80.50.040(1) and (12).
				  04-21-013, recodified as §
										463-78-010, filed 10/11/04, effective 11/11/04.
				  Statutory Authority:
				  RCW  80.50.040(1). 92-09-013,
				  § 463-39-010, filed 4/2/92, effective 5/3/92; 79-09-006 (Order 79-1),
				  § 463-39-010, filed 8/6/79.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-78 - General and operating permit regulations for air pollution sources › Section 463-78-020 - Applicability

Current through Register Vol. 24-14, July 15, 2024
The provisions of this chapter shall apply statewide for those
				sources under the jurisdiction of the energy facility site evaluation council.
				The provisions of this chapter shall not apply to those facilities incorporated
				by reference in chapters173-400, 173-401, 173-406, and 173-460 WAC which are
				not under the jurisdiction of the energy facility site evaluation
				council.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, recodified as §
										463-78-020, filed 10/11/04, effective 11/11/04.
				  Statutory Authority:
				  RCW 80.50.040(1). 95-17-088,
				  § 463-39-020, filed 8/21/95, effective 9/21/95. Statutory Authority:
				  RCW 80.50.040(1) and
				  chapter
				  70.94 RCW. 93-23-035,
				  § 463-39-020, filed 11/10/93, effective 12/11/93. Statutory Authority:
				  RCW 80.50.040(1). 79-09-006
				  (Order 79-1), § 463-39-020, filed
				  8/6/79.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-78 - General and operating permit regulations for air pollution sources › Section 463-78-030 - Additional definitions

Current through Register Vol. 24-14, July 15, 2024
(1)
		  "Council" means the energy facility
		  site evaluation council.
(2)
		  In addition to the definitions
		  contained in WAC 173-400-030,
		  173-400-710, 173-400-810, 173-401-200,
		  173-406-101, "ecology," "authority,"
		  "director," and "permitting authority"
		  shall be synonymous with the energy
		  facility site evaluation council
		  unless a different meaning is plainly
		  required by context.
Statutory Authority:
				  RCW  80.50.040(1) and (12).
				  06-06-037, §
										463-78-030, filed 2/23/06, effective 3/26/06; 04-21-013,
				  recodified as §
										463-78-030, filed 10/11/04, effective 11/11/04; 04-17-058,
				  § 463-39-030, filed 8/11/04, effective 9/11/04. Statutory Authority:
				  RCW  80.50.040(1). 95-17-088,
				  § 463-39-030, filed 8/21/95, effective 9/21/95. Statutory Authority:
				  RCW  80.50.040(1) and
				  chapter
				  70.94 RCW. 93-23-035,
				  § 463-39-030, filed 11/10/93, effective 12/11/93. Statutory Authority:
				  RCW  80.50.040(1). 92-09-013,
				  § 463-39-030, filed 4/2/92, effective 5/3/92; 79-09-006 (Order 79-1),
				  § 463-39-030, filed 8/6/79.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-78 - General and operating permit regulations for air pollution sources › Section 463-78-070 - Radioactive emissions

Current through Register Vol. 24-14, July 15, 2024
(1) Energy facilities subject to
				chapter
				80.50 RCW which emit
				radionuclides to the air shall meet standards and conditions pursuant to
				RCW  70.94.331, as promulgated by chapters 173-480 and 246-247 WAC.
(2) The council will enter into a memorandum of agreement with
				the state department of health regarding the regulation of
				radionuclides.
(3) The monitoring and regulation of radionuclides emissions
				from major energy facilities shall be consistent with the memorandum of
				agreement referenced in subsection (2) of this section between the state
				department of health and the council.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, recodified as §
										463-78-070, filed 10/11/04, effective 11/11/04.
				  Statutory Authority:
				  RCW 80.50.040(1). 94-16-031,
				  § 463-39-070, filed 7/26/94, effective
				  8/26/94.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-78 - General and operating permit regulations for air pollution sources › Section 463-78-090 - Permit application form

Current through Register Vol. 24-14, July 15, 2024
(1) Applications for air operating permits may be on the
				standard form(s) developed by the department of ecology and shall contain the
				information required pursuant to WAC
				173-401-510(2).
(2) Applications for permits under chapter 173-406 WAC shall be
				on form(s) developed by the department of ecology.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, recodified as §
										463-78-090, filed 10/11/04, effective 11/11/04;
				  04-17-058, § 463-39-090, filed 8/11/04, effective 9/11/04. Statutory
				  Authority:
				  RCW 80.50.040(1). 95-17-088,
				  § 463-39-090, filed 8/21/95, effective 9/21/95; 94-16-031, §
				  463-39-090, filed 7/26/94, effective
				  8/26/94.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-78 - General and operating permit regulations for air pollution sources › Section 463-78-095 - Permit issuance

Current through Register Vol. 24-14, July 15, 2024
(1)
		  Permit(s) issued for air emissions in
		  accordance with chapter 463-78 WAC
		  shall become an attachment(s) to a
		  site certification
		  agreement.
(2)For
		  new energy facilities the permit(s)
		  shall be conditioned upon compliance
		  with all provisions of the federally
		  approved state implementation plan
		  which apply to energy facilities and
		  effective upon the governor's approval
		  and execution of the site
		  certification agreement.
(3)Except
		  as provided in subsection (4) of this
		  section, for certified energy
		  facilities, any change in terms or
		  conditions, extension, revision or
		  reissuance of permit(s) issued for air
		  emissions in accordance with chapter
		  463-78 WAC, shall be governed by
		  applicable law and regulation and
		  shall not require modification of the
		  site certification agreement, or
		  governor approval.
(4)Permit(s)
		  for air emissions revised or issued in
		  conjunction with a request for
		  amendment of a site certification
		  agreement that requires governor
		  approval under WAC 463-66-080, shall
		  be conditioned upon compliance with
		  all provisions of the federally
		  approved state implementation plan
		  which apply to energy facilities and
		  effective upon the signed approval of
		  the governor of Washington
		  state.
Statutory Authority:
				  RCW  80.50.040(1) and (12).
				  04-21-013, recodified as §
										463-78-095, filed 10/11/04, effective 11/11/04.
				  Statutory Authority:
				  RCW  80.50.040(1). 95-17-088,
				  § 463-39-095, filed 8/21/95, effective
				  9/21/95.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-78 - General and operating permit regulations for air pollution sources › Section 463-78-100 - Registration

Current through Register Vol. 24-14, July 15, 2024
(1) Purpose. The registration program is used
			 by the council to develop and maintain a current and accurate record of air
			 contaminant sources subject to chapter 80.50 RCW. Information collected through
			 the registration program is used to evaluate the effectiveness of air pollution
			 strategies in collaboration with the department of ecology, and to verify
			 source compliance with applicable air pollution requirements.
(2) Requirement to register. Except as
			 provided in subsection (3) of this section, the owner or operator of each
			 source subject to chapter 80.50 RCW shall register the source with the council.
			 Sources subject to the Operating permit regulation in chapter 173-401 WAC are
			 not required to comply with these registration requirements.
(3) The following sources are exempt from
			 registration:
(a) A source that emits
			 pollutants below the following emission rates:
Pollutant
Tons/Year
Carbon monoxide ....................
5.0
Nitrogen oxides .....................
2.0
Sulfur dioxide .......................
2.0
Particulate Matter (PM) ...............
1.25
Fine Particulate (PM10) ...............
0.75
Volatile Organic Compounds (VOC) .....
2.0
Lead ..............................
0.005
; and
(b) A
			 source or emission unit that does not emit measurable amounts of Class A toxic
			 air pollutants specified in WAC 173-460-150.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-78 - General and operating permit regulations for air pollution sources › Section 463-78-105 - Fees and costs

Current through Register Vol. 24-14, July 15, 2024
Each holder of an air
			operating permit shall pay costs as
			are actually and necessarily incurred
			by the council, in accordance with RCW  80.50.071, for program development,
			monitoring, compliance, and
			administration of the air operating
			permit program.
Statutory Authority:
				  RCW  80.50.040(1) and (12).
				  04-21-013, recodified as §
										463-78-105, filed 10/11/04, effective 11/11/04;
				  04-17-058, § 463-39-105, filed 8/11/04, effective 9/11/04. Statutory
				  Authority:
				  RCW  80.50.040(1). 95-17-088,
				  § 463-39-105, filed 8/21/95, effective
				  9/21/95.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-78 - General and operating permit regulations for air pollution sources › Section 463-78-120 - Monitoring and special report

Current through Register Vol. 24-14, July 15, 2024
The department of ecology or its designee shall conduct a
				surveillance program to monitor the quality of the ambient atmospheres to
				concentrations and movements of air contaminants in accordance with the
				requirements of chapters173-400, 173-401, 173-406, and 173-460 WAC.
As a part of this program, the director of the department of
				ecology or an authorized representative of the director may recommend that any
				source under the jurisdiction of the council conduct stack and/or ambient air
				monitoring, and to report the results to the council and department of
				ecology.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, recodified as §
										463-78-120, filed 10/11/04, effective 11/11/04.
				  Statutory Authority:
				  RCW 80.50.040(1). 95-17-088,
				  § 463-39-120, filed 8/21/95, effective 9/21/95. Statutory Authority:
				  RCW 80.50.040(1) and
				  chapter
				  70.94 RCW. 93-23-035,
				  § 463-39-120, filed 11/10/93, effective 12/11/93. Statutory Authority:
				  RCW 80.50.040(1). 92-09-013,
				  § 463-39-120, filed 4/2/92, effective 5/3/92; 79-09-006 (Order 79-1),
				  § 463-39-120, filed 8/6/79.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-78 - General and operating permit regulations for air pollution sources › Section 463-78-135 - Criminal penalties

Current through Register Vol. 24-14, July 15, 2024
Persons in violation of this chapter may be subject to the
				provisions of
				chapter
				80.50 RCW and
				RCW  70.94.422.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, recodified as §
										463-78-135, filed 10/11/04, effective 11/11/04;
				  04-17-058, § 463-39-135, filed 8/11/04, effective 9/11/04. Statutory
				  Authority:
				  RCW 80.50.040(1). 79-09-006
				  (Order 79-1), § 463-39-135, filed
				  8/6/79.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-78 - General and operating permit regulations for air pollution sources › Section 463-78-140 - Appeals procedure

Current through Register Vol. 24-14, July 15, 2024
(1)
Appeal of permits issued pursuant to WAC
				173-400-110.
(a) Any conditions contained in an order of approval, or the
				denial of a notice of construction application issued by the council pursuant
				to the requirements of WAC
				173-400-110 may be appealed as
				provided in
				chapter
				34.05 RCW; provided that
				any order, permit, conditions or denial issued pursuant to WAC
				173-400-110 which becomes
				effective upon final action of the governor according to
				RCW  80.50.100 on an application for site
				certification shall be subject to judicial review only pursuant to
				RCW  80.50.140.
(b) The council shall promptly mail copies of each order
				approving or denying a notice of construction application to the applicant and
				to any other party who submitted timely comments on the notice of construction
				application, along with a notice advising parties of their rights of
				appeal.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-78 - General and operating permit regulations for air pollution sources › Section 463-78-170 - Conflict of interest

Current through Register Vol. 24-14, July 15, 2024
No member of the council shall have received, or has during the
				previous two years received, a significant portion of his or her income
				directly or indirectly from permit holders or applicants for a permit under the
				jurisdiction of this council.
(1) For the purposes of this section, the term "member"
				includes any individual who has or shares authority to approve permit
				applications or portions thereof, either in the first instance or on
				appeal.
(2) For the purpose of this section, the term "permit holders
				or applicants for a permit" shall not include any department or agency of a
				state government.
(3) For the purposes of this section, the term "significant
				portion of his income" shall mean ten percent of gross personal income for a
				calendar year, except that it shall mean fifty percent of gross personal income
				for a calendar year if the recipient is over sixty years of age and is
				receiving such portion pursuant to retirement pension or similar
				arrangement.
(4) For the purposes of this section, the term "income"
				includes retirement benefits, consultant fees and stock dividends.
(5) For the purposes of this section, income is not received
				"directly or indirectly from permit holders or applicants for a permit" if it
				is derived from mutual fund payments or from other diversified investments over
				which the recipient does not know the identity of the primary source of
				income.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, recodified as §
										463-78-170, filed 10/11/04, effective 11/11/04;
				  04-17-058, § 463-39-170, filed 8/11/04, effective 9/11/04. Statutory
				  Authority:
				  RCW 80.50.040(1). 79-09-006
				  (Order 79-1), § 463-39-170, filed
				  8/6/79.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-80 - Carbon dioxide mitigation program for thermal electric generating facilities › Section 463-80-005 - Work in unison

Current through Register Vol. 24-14, July 15, 2024
The requirements of this chapter, are based upon chapter 80.70 RCW and are separate and distinct from the requirements found in chapter 463-85 WAC - greenhouse gases performance standard that are based upon chapter 80.80 RCW. These two requirements are required to work in unison with each other in a
				serial manner. The first requirement is the emissions performance standard
				under chapters 80.80 RCW and 463-85 WAC. Once that standard is met, the
				requirements of chapters 80.70 RCW and 463-80 WAC are
				applied.
Statutory Authority: Chapters 80.70 and 80.80 RCW and
				  RCW 80.50.040. 08-14-064, §
										463-80-005,
				  filed 6/25/08, effective 7/26/08.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-80 - Carbon dioxide mitigation program for thermal electric generating facilities › Section 463-80-010 - Policy and purpose

Current through Register Vol. 24-14, July 15, 2024
It is the policy of the state to require mitigation of the
				emissions of carbon dioxide (CO2) from all new and
				certain modified fossil-fueled thermal electric generating facilities with
				station-generating capability of greater than 25 megawatts of electricity
				(MWe). This chapter applies to fossil-fueled thermal electric generating
				facilities with station-generating capability of greater than 350
				MWe.
Statutory Authority: Chapters 80.70 and 80.80 RCW and
				  RCW 80.50.040. 08-14-064, §
										463-80-010,
				  filed 6/25/08, effective 7/26/08.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-80 - Carbon dioxide mitigation program for thermal electric generating facilities › Section 463-80-030 - Carbon dioxide mitigation program applicability

Current through Register Vol. 24-14, July 15, 2024
(1) The provisions of this chapter apply to:
(a) New fossil-fueled thermal electric generation facilities
				with station-generating capability of three hundred fifty thousand kilowatts or
				more and fossil-fueled floating thermal electric generation facilities of one
				hundred thousand kilowatts or more under
				RCW  80.50.020(15)(a), for which
				an application for site certification is made to EFSEC after July 1, 2004;
				and
(b) Fossil-fueled thermal electric generation facilities with
				station-generating capability of three hundred fifty thousand kilowatts or more
				that have an existing site certification agreement and, after July 1, 2004,
				apply to EFSEC to increase the output of carbon dioxide emissions by fifteen
				percent or more through permanent changes in facility operations or
				modification of equipment.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-80 - Carbon dioxide mitigation program for thermal electric generating facilities › Section 463-80-040 - Carbon dioxide mitigation program costs

Current through Register Vol. 24-14, July 15, 2024
Reasonable and necessary costs for EFSEC's carbon dioxide
				mitigation program shall be charged to applicants and certificate holders as
				authorized by
				RCW  80.70.060 and
				80.50.071.
Statutory Authority: Chapters 80.70 and 80.80 RCW and
				  RCW 80.50.040. 08-14-064, §
										463-80-040,
				  filed 6/25/08, effective 7/26/08.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-80 - Carbon dioxide mitigation program for thermal electric generating facilities › Section 463-80-060 - Carbon dioxide mitigation plan requirements and options

Current through Register Vol. 24-14, July 15, 2024
(1)
Once the total carbon dioxide emissions mitigation
				quantity is calculated, what is next?
The facility must mitigate that
				level of carbon dioxide emissions. A CO2 mitigation plan
				is required and must be approved as part of a site certification agreement. A
				mitigation plan is a proposal that includes the process or means to achieve
				carbon dioxide mitigation through use of mitigation projects or carbon credits
				(RCW  80.70.010).
The approved mitigation plan must be fully implemented and
				operational in accordance with the schedule in the site certification
				agreement. The applicant may request an extension of the mitigation project
				implementation deadline. The request must be submitted in writing to EFSEC
				before the implementation deadline. The request must fully document the
				reason(s) more time is needed to implement the mitigation project and propose a
				revised schedule.
(2)
What are the mitigation plan options?
The
				options are identified in
				RCW  80.70.020(3), which states
				that "
An applicant for a fossil-fueled thermal electric generation
				facility shall include one or a combination of the following carbon dioxide
				mitigation options as part of its mitigation plan:
(a)
Payment to a third party to provide
				mitigation;
(b)
Direct purchase of permanent carbon credits;
				or
(c)
Investment in applicant-controlled carbon dioxide
				mitigation projects, including combined heat and power
				(cogeneration).
"
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-80 - Carbon dioxide mitigation program for thermal electric generating facilities › Section 463-80-070 - Carbon dioxide mitigation option statement and mitigation plan submittal and approval

Current through Register Vol. 24-14, July 15, 2024
(1) Applicants must provide EFSEC with a statement selecting
				the mitigation option(s) in:
(a) Applications for site certification; or
(b) Requests to amend site certification agreements under
				chapter 463-66 WAC where changes to the facility will increase
				CO2 emissions by fifteen percent or more.