reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-405 - Kraft pulping mills › Section 173-405-021 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The definitions of terms contained in chapter 173-400 WAC are
				incorporated into this chapter by reference. Unless a different meaning is
				clearly required by context, the following words and phrases as used in this
				chapter shall have the following meanings:
(1) "Ecology" means the department of
			 ecology.
(2) "Kraft mill" means any
			 manufacturing facility which uses an alkaline solution containing sodium
			 hydroxide and/or sodium sulfide, and any other chemical pulping facility,
			 except those covered by chapter 173-410 WAC, to produce pulp and/or paper
			 products from wood fibers. For the purposes of this regulation "kraft mill" is
			 equivalent to "source."
(3)
			 "Noncondensibles" means gases and vapors from the digestion and evaporation
			 processes of a mill that are not condensed with the equipment used in those
			 processes.
(4) "Recovery furnace
			 stack" means the stack from which the products of combustion from the recovery
			 furnace are emitted to the ambient air.
Statutory Authority:
				  Chapter
				  70.94 RCW. 91-05-064
				  (Order 90-06), § 173-405-021, filed 2/19/91, effective 3/22/91. Statutory
				  Authority:
				  RCW
				     70.94.331. 85-06-048 (Order 84-50), §
				  173-405-021, filed 3/6/85. Statutory Authority:
				  Chapters
				  43.21A and
				  70.94 RCW. 83-09-036 (Order DE
				  83-13), § 173-405-021, filed 4/15/83. Statutory Authority:
				  RCW
				     70.94.331 and
				  70.94.395. 80-11-060 (Order DE
				  80-15), § 173-405-021, filed 8/20/80. Statutory Authority:
				  RCW
				     43.21A.080,
				  70.94.011,
				  70.94.152, and
				  70.94.331. 80-04-049 (Order DE
				  80-7), § 173-405-021, filed 3/21/80; Order DE 76-35, § 173-405-021,
				  filed 12/28/76. Formerly WAC 18-36-021.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-405 - Kraft pulping mills › Section 173-405-033 - Standards of performance

Current through Register Vol. 24-14, July 15, 2024
The provisions of WAC
				173-400-115"Standards of
				performance for new sources" shall apply to all sources to which this chapter
				is applicable.
Statutory Authority:
				  Chapter
				  70.94 RCW. 91-05-064
				  (Order 90-06), § 173-405-033, filed 2/19/91, effective 3/22/91. Statutory
				  Authority:
				  Chapters
				  43.21A and
				  70.94 RCW. 83-09-036 (Order DE
				  83-13), § 173-405-033, filed 4/15/83. Statutory Authority:
				  RCW
				     70.94.331 and
				  70.94.395. 80-11-060 (Order DE
				  80-15), § 173-405-033, filed 8/20/80. Statutory Authority:
				  RCW
				     43.21A.080,
				  70.94.011,
				  70.94.152, and
				  70.94.331. 80-04-049 (Order DE
				  80-7), § 173-405-033, filed
				  3/21/80.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-405 - Kraft pulping mills › Section 173-405-035 - Emission standards for sources emitting hazardous air pollutants

Current through Register Vol. 24-14, July 15, 2024
The provisions of WAC
				173-400-075"Emission standards
				for sources emitting hazardous air pollutants" shall apply to all sources to
				which this chapter is applicable.
Statutory Authority:
				  Chapter
				  70.94 RCW. 91-05-064
				  (Order 90-06), § 173-405-035, filed 2/19/91, effective 3/22/91. Statutory
				  Authority:
				  Chapters
				  43.21A and
				  70.94 RCW. 83-18-010 (Order DE
				  83-22), § 173-405-035, filed
				  8/26/83.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-405 - Kraft pulping mills › Section 173-405-040 - Emission standards

Current through Register Vol. 24-14, July 15, 2024
In addition to the general applicability of chapters 173-400
				and 173-490 WAC to all emission sources; no kraft pulp mill shall cause or
				permit air contaminant emissions in excess of the limits listed below. Specific
				emission standards listed in this chapter will take precedence over the general
				emission standards of chapter 173-400 WAC.
(1) Recovery furnaces.
(a) The particulate emissions from each
			 recovery furnace stack shall not exceed 0.23 grams of particulate per dry cubic
			 meter at standard conditions (0.10 grains/dscf) corrected to eight percent
			 oxygen averaged over three one hour tests.
(b) The TRS emissions from each recovery
			 furnace stack constructed before January 1, 1970, and for recovery furnaces
			 that have direct contact evaporators, shall not exceed 17.5 ppm corrected to
			 eight percent oxygen for a daily average.
(c) The TRS emissions from each recovery
			 furnace constructed after January 1, 1970, which does not have a contact
			 evaporator, shall not exceed 5.0 ppm corrected to eight percent oxygen for a
			 daily average.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-405 - Kraft pulping mills › Section 173-405-045 - Creditable stack height and dispersion techniques

Current through Register Vol. 24-14, July 15, 2024
The provisions of WAC
				173-400-200 shall apply to all
				sources to which this chapter is applicable.
Statutory Authority:
				  Chapter
				  70.94 RCW. 91-05-064
				  (Order 90-06), § 173-405-045, filed 2/19/91, effective 3/22/91. Statutory
				  Authority:
				  Chapters
				  70.94 and
				  43.21A RCW. 88-01-057 (Order
				  87-50), § 173-405-045, filed
				  12/16/87.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-405 - Kraft pulping mills › Section 173-405-061 - More restrictive emission standards

Current through Register Vol. 24-14, July 15, 2024
Ecology may establish more restrictive emission standards for
				new mills or for mills expanding existing facilities pursuant to WAC
				173-400-110.
Statutory Authority:
				  Chapter
				  70.94 RCW. 91-05-064
				  (Order 90-06), § 173-405-061, filed 2/19/91, effective 3/22/91. Statutory
				  Authority:
				  Chapters
				  43.21A and
				  70.94 RCW. 83-09-036 (Order DE
				  83-13), § 173-405-061, filed 4/15/83; Order DE 76-35, § 173-405-061,
				  filed 12/28/76. Formerly WAC
				  18-36-061.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-405 - Kraft pulping mills › Section 173-405-072 - Monitoring requirements

Current through Register Vol. 24-14, July 15, 2024
Each mill shall conduct routine monitoring of emissions in
				accordance with a program that has been approved by ecology. Results of the
				monitoring shall be reported monthly within fifteen days of the end of each
				calendar month, except that source testing results shall be submitted within
				sixty days of completion of each source testing. All reports shall include data
				as follows:
(1) Particulate: The
			 results of particulate measurements made on each source during the
			 month.
(2) TRS:
(a) The average TRS concentration expressed
			 in units of the standard for each recovery furnace and lime kiln
			 stack.
(b) The date, time and
			 concentration of TRS for each TRS emissions violation and the total numbers of
			 hours that exceed the standard.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-405 - Kraft pulping mills › Section 173-405-077 - Excess emissions

Current through Register Vol. 24-14, July 15, 2024
The provisions of WAC
				173-400-107, or
				173-400-108
				and
				173-400-109
				shall apply to all sources to which this chapter is applicable.
Note:
WAC
						  173-400-107 is
						  in effect until the effective date of EPA's removal of the provision from the
						  SIP.
Statutory Authority:
				  Chapter
				  70.94 RCW. 91-05-064
				  (Order 90-06), § 173-405-077, filed 2/19/91, effective 3/22/91. Statutory
				  Authority:
				  Chapters
				  43.21A and
				  70.94 RCW. 83-09-036 (Order DE
				  83-13), § 173-405-077, filed 4/15/83. Statutory Authority:
				  RCW
				     70.94.331 and
				  70.94.395. 80-11-060 (Order DE
				  80-15), § 173-405-077, filed 8/20/80. Statutory Authority:
				  RCW
				     43.21A.080,
				  70.94.011,
				  70.94.152, and
				  70.94.331. 80-04-049 (Order DE
				  80-7), § 173-405-077, filed
				  3/21/80.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-405 - Kraft pulping mills › Section 173-405-078 - Emission inventory

Current through Register Vol. 24-14, July 15, 2024
The provisions of WAC
				173-400-105(1) shall apply to all sources to which this chapter is
				applicable.
Statutory Authority:
				  Chapter
				  70.94 RCW. 91-05-064
				  (Order 90-06), § 173-405-078, filed 2/19/91, effective 3/22/91. Statutory
				  Authority:
				  Chapters
				  43.21A and
				  70.94 RCW. 89-02-055 (Order 88-39),
				  § 173-405-078, filed 1/3/89; 83-09-036 (Order DE 83-13), §
				  173-405-078, filed 4/15/83. Statutory Authority:
				  RCW
				     70.94.331 and
				  70.94.395. 80-11-060 (Order DE
				  80-15), § 173-405-078, filed 8/20/80. Statutory Authority:
				  RCW
				     43.21A.080,
				  70.94.011,
				  70.94.152, and
				  70.94.331. 80-04-049 (Order DE
				  80-7), § 173-405-078, filed
				  3/21/80.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-405 - Kraft pulping mills › Section 173-405-086 - New source review (NSR)

Current through Register Vol. 24-14, July 15, 2024
The provisions of WAC
				173-400-110
				through
				173-400-114
				shall apply to all new sources and emissions units to which this chapter is
				applicable.
Statutory Authority:
				  Chapter
				  70.94 RCW. 91-05-064
				  (Order 90-06), § 173-405-086, filed 2/19/91, effective 3/22/91. Statutory
				  Authority:
				  Chapters
				  43.21A and
				  70.94 RCW. 83-09-036 (Order DE
				  83-13), § 173-405-086, filed 4/15/83. Statutory Authority:
				  RCW
				     70.94.331 and
				  70.94.395. 80-11-060 (Order DE
				  80-15), § 173-405-086, filed 8/20/80. Statutory Authority:
				  RCW
				     43.21A.080,
				  70.94.011,
				  70.94.152, and
				  70.94.331. 80-04-049 (Order DE
				  80-7), § 173-405-086, filed
				  3/21/80.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-405 - Kraft pulping mills › Section 173-405-087 - Prevention of significant deterioration (PSD)

Current through Register Vol. 24-14, July 15, 2024
The provisions of WAC
				173-400-700
				through
				173-400-750
				shall apply to all new major sources and major modifications to which this
				chapter is applicable.
Statutory Authority:
				  Chapter
				  70.94 RCW. 91-05-064
				  (Order 90-06), § 173-405-087, filed 2/19/91, effective 3/22/91. Statutory
				  Authority:
				  Chapters
				  70.94 and
				  43.21A RCW. 88-01-057 (Order
				  87-50), § 173-405-087, filed
				  12/16/87.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-405 - Kraft pulping mills › Section 173-405-091 - Special studies

Current through Register Vol. 24-14, July 15, 2024
Ecology may require such additional special studies relevant to
				process emissions and establish completion dates as it determines
				necessary.
Statutory Authority:
				  Chapter
				  70.94 RCW. 91-05-064
				  (Order 90-06), § 173-405-091, filed 2/19/91, effective 3/22/91; Order DE
				  76-35, § 173-405-091, filed 12/28/76. Formerly WAC
				  18-36-091.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-406 - Acid rain regulation › Part I - GENERAL PROVISIONS › Section 173-406-100 - Acid rain program general provisions

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 Chapter
					 70.94 RCW. 94-23-127
					 (Order 94-23), § 173-406-100, filed 11/23/94, effective
					 12/24/94.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-406 - Acid rain regulation › Part I - GENERAL PROVISIONS › Section 173-406-101 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The terms used in this regulation shall have the meanings set
				  forth in Title IV of the Clean Air Act,
				  42 U.S.C.
				  7401, et seq. as amended by the Clean Air Act
				  Amendments of 1990, 42
				  U.S.C. 7651, et seq. (November 15, 1990,) and
				  in this section as follows:
(1) "Acid
				rain compliance option" means one of the methods of compliance used by an
				affected unit under the acid rain program as described in a compliance plan
				submitted and approved in accordance with WAC
				173-406-400 or regulations
				implementing section 407 of the act.
(2) "Acid Rain emissions limitation" means:
(a) For the purposes of sulfur dioxide
				emissions:
(i) The tonnage equivalent of the
				basic Phase II allowance allocations authorized to be allocated to an affected
				unit for use in a calendar year;
(ii) As adjusted:
(A) By allowances allocated by the
				administrator pursuant to section 403, section 405(a)(2), (a)(3), (b)(2),
				(c)(4), (d)(3), and (h)(2), and section 406 of the act;
(B) By allowances allocated by the
				administrator pursuant to subpart D of    40 C.F.R. part 72   ; and
				thereafter
(C) By allowance
				transfers to or from the compliance subaccount for that unit that were recorded
				or properly submitted for recordation by the allowance transfer deadline
				pursuant to 40 C.F.R.
				73.35, after deductions and other adjustments
				are made pursuant to 40
				C.F.R. 73.34(c);
				and
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-406 - Acid rain regulation › Part I - GENERAL PROVISIONS › Section 173-406-102 - Measurements, abbreviations, and acronyms

Current through Register Vol. 24-14, July 15, 2024
Measurements, abbreviations, and acronyms used in this
				  regulation are defined as follows:
ASTM - American Society for Testing and Materials.
ATS - Allowance Tracking System.
Btu - British thermal unit.
CAAA - Clean Air Act Amendments.
C.F.R. - Code of Federal Regulations.
DOE - Department of Energy.
IPP - Independent power production facility.
mmBtu - Million Btu.
MWe - Megawatt electrical.
NADB - National Allowance Data Base.
QF - Qualifying facility.
RCW - Revised Code of Washington.
SO2 - Sulfur dioxide.
WAC - Washington Administrative Code.
WDOE - Washington Department of Ecology, hereinafter referred
				  to as ecology.
Statutory Authority:
					 Chapter
					 70.94 RCW. 94-23-127
					 (Order 94-23), § 173-406-102, filed 11/23/94, effective
					 12/24/94.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-406 - Acid rain regulation › Part I - GENERAL PROVISIONS › Section 173-406-103 - Applicability

Current through Register Vol. 24-14, July 15, 2024
(1) The provisions of
				this chapter apply in all areas of the state of Washington. An authority may
				enforce this chapter and may also adopt more stringent standards or
				requirements. These standards or requirements may not be less stringent than
				the current state air quality rules and may be more stringent than the current
				regulations. Each of the following units shall be an affected unit, and any
				source that includes such a unit shall be an affected source, subject to the
				requirements of the acid rain program:
(a) A
				unit listed in Table 1 of 40
				C.F.R. 73.10(a).
(b) An existing unit that is identified in
				Table 2 or 3 of 40 C.F.R.
				73.10 and any other existing utility unit,
				except a unit under subsection (2) of this section.
(c) A utility unit, except a unit under
				subsection (2) of this section, that:
(i) Is a
				new unit;
(ii) Did not serve a
				generator with a nameplate capacity greater than twenty-five MWe on November
				15, 1990, but serves such a generator after November 15, 1990;
(iii) Was a simple combustion turbine on
				November 15, 1990, but adds or uses auxiliary firing after November 15,
				1990;
(iv) Was an exempt
				cogeneration facility under subsection (2)(d) of this section but during any
				three calendar year period after November 15, 1990, sold, to a utility power
				distribution system, an annual average of more than one-third of its potential
				electrical output capacity and more than two hundred nineteen thousand MWe-hrs
				(i.e., twenty-five MWe times eight thousand seven hundred sixty hours) electric
				output, on a gross basis;
(v) Was
				an exempt qualifying facility under subsection (2)(e) of this section but, at
				any time after the later of November 15, 1990, or the date the facility
				commences commercial operation, fails to meet the definition of qualifying
				facility;
(vi) Was an exempt
				independent power production facility under subsection (2)(f) of this section
				but, at any time after the later of November 15, 1990, or the date the facility
				commences commercial operation, fails to meet the definition of independent
				power production facility; or
(vii)
				Was an exempt solid waste incinerator under subsection (2)(g) of this section
				but during any three calendar year period after November 15, 1990, consumes
				twenty percent or more (on a Btu basis) fossil fuel.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-406 - Acid rain regulation › Part I - GENERAL PROVISIONS › Section 173-406-104 - New units exemption

Current through Register Vol. 24-14, July 15, 2024
(1) Applicability.
				This section applies to any new utility unit that serves one or more generators
				with total nameplate capacity of twenty-five MWe or less and burns only fuels
				with a sulfur content of five hundredths of one percent or less by weight, as
				determined in accordance with subsection (4)(a) of this section.
(2) Petition for written exemption. The
				designated representative, authorized in accordance with subpart B of  40 C.F.R.
				part 72, of a source that includes a unit under subsection (1) of this section
				may petition the permitting authority for a written exemption, or to renew a
				written exemption, for the unit from certain requirements of the acid rain
				program. The petition shall be submitted on a form approved by the permitting
				authority which includes the following elements:
(a) Identification of the unit.
(b) The nameplate capacity of each generator
				served by the unit.
(c) A list of
				all fuels currently burned by the unit and their percentage sulfur content by
				weight, determined in accordance with subsection (1) of this section.
(d) A list of all fuels that are expected to
				be burned by the unit and their sulfur content by weight.
(e) The special provisions in subsection (4)
				of this section.
(f) The name of
				the designated representative, his or her signature, and the date of
				signature.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-406 - Acid rain regulation › Part I - GENERAL PROVISIONS › Section 173-406-105 - Retired units exemption

Current through Register Vol. 24-14, July 15, 2024
(1)
				Applicability. This section applies to any affected unit that is retired prior
				to the issuance (including renewal) of an acid rain permit for the unit as a
				final agency action.
(2) Petition
				for written exemption.
(a) The designated
				representative, authorized in accordance with subpart B of  40 C.F.R. part 72, of a source that includes a unit under subsection (1) of this section may
				petition the permitting authority for a written exemption, or to renew a
				written exemption, for the unit from certain requirements of the acid rain
				program.
(b) A petition under this
				section shall be submitted on or before:
(i)
				The deadline for submitting an acid rain permit application for Phase II;
				or
(ii) If the unit has a Phase II
				acid rain permit, the deadline for reapplying for such permit.
(c) The petition under this
				section shall be submitted on a form approved by the permitting authority which
				includes the following elements:
(i)
				Identification of the unit;
(ii)
				The applicable deadline under (b) of this subsection;
(iii) The actual or expected date of
				retirement of the unit;
(iv) The
				following statement: "I certify that this unit ('is' or 'will be', as
				applicable) permanently retired on the date specified in this petition and will
				not emit any sulfur dioxide or nitrogen oxides after such date";
(v) A description of any actions that have
				been or will be taken and provide the basis for the certification in (c)(iv) of
				this subsection; and
(vi) The
				special provisions in subsection (4) of this section.
(vii) The name of the designated
				representative, his or her signature, and the date of signature.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-406 - Acid rain regulation › Part I - GENERAL PROVISIONS › Section 173-406-106 - Standard requirements

Current through Register Vol. 24-14, July 15, 2024
(1) Permit
				requirements.
(a) The designated
				representative of each affected source and each affected unit at the source
				shall:
(i) Submit a complete acid rain permit
				application under this part in accordance with the deadlines specified in WAC
				173-406-301;
(ii) Submit in a timely manner any
				supplemental information that the permitting authority determines is necessary
				in order to review an acid rain permit application and issue or deny an acid
				rain permit.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-406 - Acid rain regulation › Part II - DESIGNATED REPRESENTATIVE › Section 173-406-200 - Designated representative

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 Chapter
					 70.94 RCW. 94-23-127
					 (Order 94-23), § 173-406-200, filed 11/23/94, effective
					 12/24/94.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-406 - Acid rain regulation › Part II - DESIGNATED REPRESENTATIVE › Section 173-406-201 - Submissions

Current through Register Vol. 24-14, July 15, 2024
(1) The designated
				representative shall submit a certificate of representation, and any
				superseding certificate of representation, to the administrator in accordance
				with subpart B of  40 C.F.R. part 72  and, concurrently, shall submit a copy to
				the permitting authority. Whenever the term "designated representative" is used
				in this regulation, the term shall be construed to include the alternate
				designated representative.
(2) Each
				submission under the acid rain program shall be submitted, signed, certified
				and dated by the designated representative for all sources on behalf of which
				the submission is made.
(3) In each
				submission under the acid rain program, the designated representative shall
				certify, by his or her signature:
(a) The
				following statement, which shall be included verbatim in such submission: "I am
				authorized to make this submission on behalf of the owners and operators of the
				affected source or affected units for which the submission is made."
(b) The following statement, which shall be
				included verbatim in such submission: "I certify under penalty of law that I
				have personally examined, and am familiar with, the statements and information
				submitted in this document and all its attachments. Based on my inquiry of
				those individuals with primary responsibility for obtaining the information, I
				certify that the statements and information are to the best of my knowledge and
				belief true, accurate, and complete. I am aware that there are significant
				penalties for submitting false statements and information or omitting required
				statements and information, including the possibility of fine or
				imprisonment."
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-406 - Acid rain regulation › Part II - DESIGNATED REPRESENTATIVE › Section 173-406-202 - Objections

Current through Register Vol. 24-14, July 15, 2024
(1) Except as provided
				in 40 C.F.R.
				72.23, no objection or other communication
				submitted to the administrator or the permitting authority concerning the
				authorization, or any submission, action or inaction, of the designated
				representative shall affect any submission, action, or inaction of the
				designated representative, or the finality of any decision by the permitting
				authority, under the acid rain program. In the event of such communication, the
				permitting authority is not required to stay any submission or the effect of
				any action or inaction under the acid rain program.
(2) The permitting authority will not
				adjudicate any private legal dispute concerning the authorization or any
				submission, action, or inaction of any designated representative, including
				private legal disputes concerning the proceeds of allowance
				transfers.
Statutory Authority:
					 Chapter
					 70.94 RCW. 94-23-127
					 (Order 94-23), § 173-406-202, filed 11/23/94, effective
					 12/24/94.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-406 - Acid rain regulation › Part III - APPLICATIONS › Section 173-406-300 - Acid rain permit applications

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 Chapter
					 70.94 RCW. 94-23-127
					 (Order 94-23), § 173-406-300, filed 11/23/94, effective
					 12/24/94.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-406 - Acid rain regulation › Part III - APPLICATIONS › Section 173-406-302 - Information requirements for acid rain permit applications

Current through Register Vol. 24-14, July 15, 2024
Complete permit application. A complete acid rain permit
				  application shall be submitted on a form approved by the permitting authority,
				  which includes the following elements:
(1) Identification of the affected source for
				which the permit application is submitted;
(2) Identification of each affected unit at
				the source for which the permit application is submitted;
(3) A complete compliance plan for each unit,
				in accordance with WAC
				173-406-400;
(4) The standard requirements under WAC
				173-406-106;
(5) If the unit is a new unit, the date that
				the unit has commenced or will commence operation and the deadline for monitor
				certification; and
(6) The name of
				the designated representative, his or her signature, and the date of
				signature.
Statutory Authority:
					 Chapter
					 70.94 RCW. 94-23-127
					 (Order 94-23), § 173-406-302, filed 11/23/94, effective
					 12/24/94.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-406 - Acid rain regulation › Part III - APPLICATIONS › Section 173-406-303 - Permit application shield and binding effect of permit application

Current through Register Vol. 24-14, July 15, 2024
Permit application shield.
(1) Once a designated representative submits
				a timely and complete acid rain permit application, the owners and operators of
				the affected source and the affected units covered by the permit application
				shall be deemed in compliance with the requirement to have an acid rain permit
				under WAC
				173-406-106(1)(b) and
				173-406-301(1);
				provided that any delay in issuing an acid rain permit is not caused by the
				failure of the designated representative to submit in a complete and timely
				fashion supplemental information, as required by the permitting authority,
				necessary to issue a permit.
(2)
				Prior to the date on which an acid rain permit is issued as a final agency
				action subject to judicial review, an affected unit governed by and operated in
				accordance with the terms and requirements of a timely and complete acid rain
				permit application shall be deemed to be operating in compliance with the acid
				rain program.
(3) A complete acid
				rain permit application shall be binding on the owners and operators and the
				designated representative of the affected source and the affected units covered
				by the permit application and shall be enforceable as an acid rain permit from
				the date of submission of the permit application until the issuance or denial
				of such permit as a final agency action subject to judicial review.
Statutory Authority:
					 Chapter
					 70.94 RCW. 94-23-127
					 (Order 94-23), § 173-406-303, filed 11/23/94, effective
					 12/24/94.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-406 - Acid rain regulation › Part IV - COMPLIANCE PLAN › Section 173-406-400 - Acid rain compliance plan and compliance options

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 Chapter
					 70.94 RCW. 94-23-127
					 (Order 94-23), § 173-406-400, filed 11/23/94, effective
					 12/24/94.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-406 - Acid rain regulation › Part IV - COMPLIANCE PLAN › Section 173-406-401 - General

Current through Register Vol. 24-14, July 15, 2024
(1) For each affected
				unit included in an acid rain permit application, a complete compliance plan
				shall include:
(a) For sulfur dioxide
				emissions, a certification that, as of the allowance transfer deadline, the
				designated representative will hold allowances in the unit's compliance
				subaccount (after deductions under
				40 C.F.R.
				73.34(c))  not less than the
				total annual emissions of sulfur dioxide from the unit. The compliance plan may
				also specify, in accordance with WAC
				173-406-400, one or more of the
				acid rain compliance options.
(b)
				For nitrogen oxides emissions, a certification that the unit will comply with
				the applicable limitation established by regulations implementing section 407
				of the act or shall specify one or more acid rain compliance options, in
				accordance with section 407 of the act and regulations implementing section
				407.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-406 - Acid rain regulation › Part IV - COMPLIANCE PLAN › Section 173-406-402 - Repowering extensions

Current through Register Vol. 24-14, July 15, 2024
(1)
				Applicability.
(a) This section shall apply
				to the designated representative of:
(i) Any
				existing affected unit that is a coal-fired unit and has a 1985 actual
				SO2 emissions rate equal to or greater than one and two
				tenths lbs/mmBtu; or
(ii) Any new
				unit that will be a replacement unit, as provided in subsection (2)(b) of this
				section, for a unit meeting the requirements of (a)(i) of this subsection;
				or
(iii) Any oil and/or gas-fired
				unit that has been awarded clean coal technology demonstration funding as of
				January 1, 1991, by the Secretary of Energy.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-406 - Acid rain regulation › Part V - PERMIT CONTENTS › Section 173-406-500 - Acid rain permit

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 Chapter
					 70.94 RCW. 94-23-127
					 (Order 94-23), § 173-406-500, filed 11/23/94, effective
					 12/24/94.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-406 - Acid rain regulation › Part V - PERMIT CONTENTS › Section 173-406-501 - Contents

Current through Register Vol. 24-14, July 15, 2024
(1) Each acid rain
				permit (including any draft or proposed acid rain permit) will contain the
				following elements:
(a) All elements required
				for a complete acid rain permit application under WAC
				173-406-302, as approved or
				adjusted by the permitting authority;
(b) The applicable acid rain emissions
				limitation for sulfur dioxide; and
(c) The applicable acid rain emissions
				limitation for nitrogen oxides.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-406 - Acid rain regulation › Part V - PERMIT CONTENTS › Section 173-406-502 - Permit shield

Current through Register Vol. 24-14, July 15, 2024
Each affected unit operated in accordance with the acid rain
				  permit that governs the unit and that was issued in compliance with Title IV of
				  the act, as provided in WAC
				  173-406-100 through
				  173-406-800, 40 C.F.R. parts 72,
				  73, 75, 77, and 78, and the regulations implementing section 407 of the act,
				  shall be deemed to be operating in compliance with the Acid Rain Program,
				  except as provided in WAC
				  173-406-106(7)(f).
Statutory Authority:
					 Chapter
					 70.94 RCW. 94-23-127
					 (Order 94-23), § 173-406-502, filed 11/23/94, effective
					 12/24/94.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-406 - Acid rain regulation › Part VI - PERMIT ISSUANCE › Section 173-406-600 - Acid rain permit issuance procedures

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 Chapter
					 70.94 RCW. 94-23-127
					 (Order 94-23), § 173-406-600, filed 11/23/94, effective
					 12/24/94.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-406 - Acid rain regulation › Part VI - PERMIT ISSUANCE › Section 173-406-601 - General

Current through Register Vol. 24-14, July 15, 2024
The permitting authority will issue or deny all acid rain
				  permits in accordance with chapter 173-401 WAC, including the completeness
				  determination, draft permit, administrative record, statement of basis, public
				  notice and comment period, public hearing, proposed permit, permit issuance,
				  permit revision, and appeal procedures as provided by WAC
				  173-406-600 and
				  173-406-700.
Statutory Authority:
					 Chapter
					 70.94 RCW. 94-23-127
					 (Order 94-23), § 173-406-601, filed 11/23/94, effective
					 12/24/94.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-406 - Acid rain regulation › Part VI - PERMIT ISSUANCE › Section 173-406-602 - Completeness

Current through Register Vol. 24-14, July 15, 2024
The permitting authority will submit a written notice of
				  application completeness to the administrator and the designated representative
				  within ten working days following a determination by the permitting authority
				  that the acid rain permit application is complete.
Statutory Authority:
					 Chapter
					 70.94 RCW. 94-23-127
					 (Order 94-23), § 173-406-602, filed 11/23/94, effective
					 12/24/94.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-406 - Acid rain regulation › Part VI - PERMIT ISSUANCE › Section 173-406-603 - Statement of basis

Current through Register Vol. 24-14, July 15, 2024
(1) The statement
				of basis will briefly set forth significant factual, legal, and policy
				considerations on which the permitting authority relied in issuing or denying
				the draft permit.
(2) The statement
				of basis will include the reasons, and supporting authority, for approval or
				disapproval of any compliance options requested in the permit application,
				including references to applicable statutory or regulatory provisions and to
				the administrative record.
(3) The
				permitting authority will submit to the administrator a copy of the draft acid
				rain permit and the statement of basis and all other relevant portions of the
				operating permit that may affect the draft acid rain permit.
Statutory Authority:
					 Chapter
					 70.94 RCW. 94-23-127
					 (Order 94-23), § 173-406-603, filed 11/23/94, effective
					 12/24/94.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-406 - Acid rain regulation › Part VI - PERMIT ISSUANCE › Section 173-406-604 - Issuance of acid rain permits

Current through Register Vol. 24-14, July 15, 2024
(1)
				Proposed permit. After the close of the public comment period and within
				eighteen months of receipt of a complete application, the permitting authority
				will incorporate all necessary changes and issue or deny a proposed acid rain
				permit.
(2) The permitting
				authority will submit the proposed acid rain permit or denial of a proposed
				acid rain permit to the administrator in accordance with WAC
				173-401-810 and
				173-401-820, the provisions of
				which shall be treated as applying to the issuance or denial of a proposed acid
				rain permit.
(3)
(a) Following the administrator's review of
				the proposed acid rain permit or denial of a proposed acid rain permit, the
				permitting authority will incorporate any required changes and issue, or deny
				the acid rain permit in accordance with WAC
				173-406-500.
(b) No acid rain permit (including a draft or
				proposed permit) shall be issued unless the administrator has received a
				certificate of representation for the designated representative of the source
				as provided in WAC
				173-406-201 in accordance with
				subpart B of 40 C.F.R. part 72.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-406 - Acid rain regulation › Part VI - PERMIT ISSUANCE › Section 173-406-605 - Acid rain permit appeal procedures

Current through Register Vol. 24-14, July 15, 2024
(1)
				Appeals of the acid rain portion of an operating permit issued by the
				permitting authority that do not challenge or involve decisions or actions of
				the administrator under  40 C.F.R. part 72, 73, 75, 77 and 78 and sections 407
				and 410  of the act and regulations implementing sections 407 and 410 shall be
				conducted according to the procedures in chapter 43.21 RCW. Appeals of the acid
				rain portion of such a permit that challenge or involve such decisions or
				actions of the administrator shall follow the procedures under 40 C.F.R. part
				78 and section 307 of the act. Such decisions or actions include, but are not
				limited to, allowance allocations, determinations concerning alternative
				monitoring systems, and determinations of whether a technology is a qualifying
				repowering technology.
(2) No
				administrative appeal or judicial appeal of the acid rain portion of an
				operating permit shall be allowed more than thirty days following respectively
				issuance of the acid rain portion that is subject to administrative appeal or
				issuance of the final agency action subject to judicial appeal.
(3) The administrator may intervene as a
				matter of right in any state administrative appeal of an acid rain permit or
				denial of an acid rain permit.
(4)
				No administrative appeal concerning an acid rain requirement shall result in a
				stay of the following requirements:
(a) The
				allowance allocations for any year during which the appeal proceeding is
				pending or is being conducted;
(b)
				Any standard requirement under WAC
				173-406-106;
(c) The emissions monitoring and reporting
				requirements applicable to the affected units at an affected source under  40
				C.F.R. part 75 ;
(d) Uncontested
				provisions of the decision on appeal; and
(e) The terms of a certificate of
				representation submitted by a designated representative under subpart B of  40
				C.F.R. part 72.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-406 - Acid rain regulation › Part VII - PERMIT REVISIONS › Section 173-406-700 - Permit revisions

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 Chapter
					 70.94 RCW. 94-23-127
					 (Order 94-23), § 173-406-700, filed 11/23/94, effective
					 12/24/94.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-406 - Acid rain regulation › Part VII - PERMIT REVISIONS › Section 173-406-701 - General

Current through Register Vol. 24-14, July 15, 2024
(1) WAC
				173-406-700 shall govern
				revisions to any acid rain permit issued by the permitting authority.
(2) A permit revision may be submitted for
				approval at any time. No permit revision shall affect the term of the acid rain
				permit to be revised. No permit revision shall excuse any violation of an Acid
				Rain Program requirement that occurred prior to the effective date of the
				revision.
(3) The terms of the acid
				rain permit shall apply while the permit revision is pending.
(4) Any determination or interpretation by
				state (including the permitting authority or a state court) modifying or
				voiding any acid rain permit provision shall be subject to review by the
				administrator in accordance with WAC
				173-401-810 and
				173-401-820 as applied to permit
				modifications, unless the determination or interpretation is an administrative
				amendment approved in accordance with WAC
				173-406-704.
(5) The standard requirements of WAC
				173-406-106 shall not be modified
				or voided by a permit revision.
(6)
				Any permit revision involving incorporation of a compliance option that was not
				submitted for approval and comment during the permit issuance process, or
				involving a change in a compliance option that was previously submitted, shall
				meet the requirements for applying for such compliance option under WAC
				173-406-402 and section 407 of
				the act and regulations implementing section 407 of the act.
(7) For permit revisions not described in WAC
				173-406-702 and
				173-406-703, the permitting
				authority may, in its discretion, determine which of these sections is
				applicable.
Statutory Authority:
					 Chapter
					 70.94 RCW. 94-23-127
					 (Order 94-23), § 173-406-701, filed 11/23/94, effective
					 12/24/94.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-406 - Acid rain regulation › Part VII - PERMIT REVISIONS › Section 173-406-702 - Permit modifications

Current through Register Vol. 24-14, July 15, 2024
(1)
(a) Permit modifications shall follow the
				permit issuance requirements of WAC
				173-406-600,
				173-401-810 and
				173-401-820.
(b) For purposes of applying (a) of this
				subsection, a permit modification shall be treated as an acid rain permit
				application, to the extent consistent with WAC
				173-406-700.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-406 - Acid rain regulation › Part VII - PERMIT REVISIONS › Section 173-406-703 - Fast-track modifications

Current through Register Vol. 24-14, July 15, 2024
(1)
				Fast-track modifications shall follow the following procedures:
(a) The designated representative shall serve
				a copy of the fast-track modification on the administrator, the permitting
				authority, and any person entitled to a written notice under WAC
				173-401-800. Within five business
				days of serving such copies, the designated representative shall also give
				public notice by publication in a newspaper of general circulation in the area
				where the source is located or in a state publication designed to give general
				public notice.
(b) The public shall
				have a period of thirty days, commencing on the date of publication of the
				notice, to comment on the fast-track modification. Comments shall be submitted
				in writing to the permitting authority and to the designated
				representative.
(c) The designated
				representative shall submit the fast-track modification to the permitting
				authority on or before commencement of the public comment period.
(d) Within thirty days of the close of the
				public comment period, the permitting authority will consider the fast-track
				modification and the comments received and approve or disapprove, in whole or
				in part or with changes or conditions as appropriate, or disapprove the
				modification. A fast-track modification shall be effective immediately upon
				issuance, in accordance with WAC
				173-401-810 as applied to
				significant modifications.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-406 - Acid rain regulation › Part VII - PERMIT REVISIONS › Section 173-406-704 - Administrative permit amendment

Current through Register Vol. 24-14, July 15, 2024
(1)
				Administrative amendments shall follow the procedures set forth at WAC
				173-401-720. The permitting
				authority will submit the revised portion of the permit to the administrator
				within ten working days after the date of final action on the request for an
				administrative amendment.
(2) The
				following permit revisions are administrative amendments:
(a) Activation of a compliance option
				conditionally approved by the permitting authority; provided that all
				requirements for activation under WAC
				173-406-401(3) and 173-406-402 are met;
(b) Changes in the designated representative
				or alternative designated representative; provided that a new certificate of
				representation is submitted to the administrator in accordance with subpart B
				of   40 C.F.R. part 72  ;
(c)
				Correction of typographical errors;
(d) Changes in names, addresses, or telephone
				or facsimile numbers;
(e) Changes
				in the owners or operators; provided that a new certificate of representation
				is submitted within thirty days to the administrator in accordance with subpart
				B of 40 C.F.R. part 72;
(f)
				Termination of a compliance option in the permit; provided that all
				requirements for termination under WAC
				173-406-401(4) shall be met and this procedure shall not be used to terminate a repowering
				plan after December 31, 1999;
(g)
				Changes in the date, specified in a new unit's acid rain permit, of
				commencement of operation or the deadline for monitor certification, provided
				that they are in accordance with WAC
				173-406-106;
(h) The addition of or change in a nitrogen
				oxides alternative emissions limitation demonstration period, provided that the
				requirements of regulations implementing section 407 of the act are met;
				and
(i) Incorporation of changes
				that the administrator has determined to be similar to those in (a) through (h)
				of this subsection.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-406 - Acid rain regulation › Part VII - PERMIT REVISIONS › Section 173-406-705 - Automatic permit amendment

Current through Register Vol. 24-14, July 15, 2024
The following permit revisions shall be deemed to amend
				  automatically, and become a part of the affected unit's acid rain permit by
				  operation of law without any further review:
(1) Upon recordation by the administrator
				under  40 C.F.R. part 73, all allowance allocations to, transfers to, and
				deductions from an affected unit's allowance tracking system account;
				and
(2) Incorporation of an offset
				plan that has been approved by the administrator under 40 C.F.R. part
				77.
Statutory Authority:
					 Chapter
					 70.94 RCW. 94-23-127
					 (Order 94-23), § 173-406-705, filed 11/23/94, effective
					 12/24/94.