Washington Administrative Code

(1) An application for site certification may be submitted when the preapplication process is completed. The preapplication process shall be complete when:(a) EFSEC has held one or more public meetings under WAC 463-61-060(4); and(b) Negotiations between affected cities, towns, a…

(1) EFSEC shall review the application for site certification of the proposed corridor and electrical transmission facilities consistent with the provisions of chapter 80.50 RCW.(2) EFSEC shall consider the applicant's application for site certification and proposed corridor and …

(1) The purpose of this chapter is to implement the policy and intent of RCW 80.50.010. This chapter sets forth performance standards and mitigation requirements specific to seismicity, noise limits, fish and wildlife, wetlands, water quality, and air quality, associated with sit…

The seismicity standard for construction of energy facilities shall be the standards contained in the state building code, chapter 51-50 WAC.[Statutory Authority: RCW 80.50.040(1). WSR 25-12-020, s 463-62-020, filed 5/22/25, effective 6/22/25. Statutory Authority: RCW 80.50.040 (…

Energy facilities shall meet the noise standards established in RCW 70A.20.010, the Noise Control Act of 1974; and state rules adopted to implement those requirements in chapter 173-60 WAC, Maximum environmental noise levels.(1) Adoption by reference. The energy facility site eva…

The council's intent is to achieve no net loss of habitat functions and values by maintaining the functions and values of fish and wildlife habitat in the areas impacted by energy development.(1) The council encourages applicants to select sites that avoid impacts to any species …

(1) The council's intent is to achieve no net loss of wetland areas. Wetland impacts shall be avoided wherever possible. Where impacts cannot be avoided, the applicant shall be required to take one or more of the following actions (in the following order of preference): Restore w…

Waste water discharges from projects under the council's jurisdiction shall meet the requirements of applicable state water quality standards, chapter 173-201A WAC, state groundwater quality standards, chapter 173-200 WAC, state sediment management standards, chapter 173-204 WAC,…

Air emissions from energy facilities shall meet the requirements of applicable state air quality laws and regulations promulgated pursuant to the Washington Clean Air Act, chapter 70A.15 RCW, the Federal Clean Air Act (42 U.S.C. 7401 et seq.), and chapter 463-78 WAC.[Statutory Au…

This chapter sets forth rules relating to reporting recommendations to the governor as to approval or rejection of an application for site certification and the governor's actions regarding approval or rejection of certification or directing reconsideration of certain aspects of …

The council shall report to the governor its recommendations as to the approval or rejection of an application for certification within 12 months of receipt by the council of such an application, or such later time as is mutually agreed by the council and the applicant. If the co…

Pursuant to RCW 80.50.100, within 60 days of receipt of the council's report, the governor will take one of the following actions:(1) Approve the application and execute the draft certification agreement; the certification agreement shall be binding upon execution by the governor…

If directed by the governor under RCW 80.50.100 (3)(a)(iii) to reconsider certain aspects of the draft certification agreement, the council shall:(1) Reconsider such aspects of the draft certification agreement by reviewing the existing record of the application or, as necessary,…

The rejection of an application for certification by the governor shall be final as to that application but shall not preclude submission of a subsequent application for the same site on the basis of changed conditions or new information.[Statutory Authority: RCW 80.50.040 (1) an…

Termination of a site certification agreement (SCA), except pursuant to its own terms, is an amendment of the agreement.[Statutory Authority: RCW 80.50.040 (1) and (12). WSR 04-21-013, recodified as § 463-66-020, filed 10/11/04, effective 11/11/04. Statutory Authority: RCW 80.50.…

A request for amendment of a site certification agreement shall be made in writing by a certificate holder to the council. The council will consider the request and determine a schedule for action at the next feasible council meeting. The council may, if appropriate and required …

In reviewing any proposed amendment, the council shall consider whether the proposal is consistent with:(1) The intention of the original SCA;(2) Applicable laws and rules;(3) The public health, safety, and welfare; and(4) The provisions of chapter 463-72 WAC.[Statutory Authority…

In reviewing whether a proposed amendment is consistent with the public health, safety, and welfare, the council shall consider the short-term and long-term environmental impacts of the proposal. Reasonable alternative means by which the purpose of the proposal might be achieved …

The council in acting upon a requested amendment may accept the amendment; reject the amendment; or reject the amendment, and state conditions or terms under which the amendment will be reconsidered.[Statutory Authority: RCW 80.50.040 (1) and (12). WSR 04-21-013, recodified as § …

An amendment request which does not substantially alter the substance of any provisions of the SCA, or which is determined not to have a significant detrimental effect upon the environment, shall be effective upon approval by the council. Such approval may be in the form of a cou…

An amendment which substantially alters the substance of any provision of the SCA or which is determined to have a significant detrimental effect upon the environment shall be effective upon the signed approval of the governor.[Statutory Authority: RCW 80.50.040 (1) and (12). WSR…

The council has power to initiate proceedings leading to the SCA amendment where it perceives that a certificate may be abandoned or when it deems such action to be appropriate.[Statutory Authority: RCW 80.50.040 (1) and (12). WSR 04-21-013, recodified as § 463-66-090, filed 10/1…

No site certification agreement, any portion of a site certification agreement, nor any legal or equitable interest in such an agreement issued under this chapter shall be transferred, assigned, or in any manner disposed of (including abandonment), either voluntarily or involunta…

This chapter sets forth the length of time before a site certification agreement expires if construction is not started, or commercial operation has not commenced, defines what activities constitute start of construction, and specifies the time frame within which a certificate ho…

The state of Washington authorizes a certificate holder to construct and operate an energy facility as defined in RCW 80.50.060 and 80.50.020 at the approved site subject to the terms and conditions of the site certification agreement approved by the governor and applicable laws …

Subject to conditions in the site certification agreement and this chapter, construction may start any time within 10 years of the effective date of the site certification agreement.[Statutory Authority: RCW 80.50.040(1). WSR 25-12-020, s 463-68-030, filed 5/22/25, effective 6/22…

Construction shall be deemed to have started with the initiation of any of the following construction activities:(1) Site preparation by grading of the site, foundation excavation, or other significant earthwork on the site;(2) Construction of footings or foundations, form work, …

At least 90 days prior to start of construction as defined in WAC 463-68-040, a certificate holder shall provide the plans and specifications required by the site certification agreement to the council for approval.[Statutory Authority: RCW 80.50.040(1). WSR 25-12-020, s 463-68-0…

If construction does not both start within five years of the effective date of the site certification agreement and thereupon continue in a reasonably uninterrupted fashion toward project completion, then at least 90 days prior to the end of the five-year period, the certificate …

Under WAC 463-68-060, construction may start, or restart if construction has been suspended, only upon the council finding that no changes or amendments to the site certification agreement, regulatory permits, or project-related environmental documents are necessary or appropriat…

(1) If the certificate holder does not start or restart construction within 10 years of the effective date of the site certification agreement, or has canceled the project, the site certification agreement shall expire.(2) If commercial operations have not commenced within 10 yea…

This chapter sets forth rules relating to monitoring the construction and operation of energy facilities to determine compliance with the terms of certification and/or permits pursuant to RCW 80.50.040(9).[Statutory Authority: RCW 80.50.040(1). WSR 25-12-020, s 463-70-010, filed …

Compliance monitoring procedures shall be implemented by the council as necessary to determine compliance and keep it and the public properly informed as to the status of compliance with the terms of certification agreements and the Prevention of Significant Deterioration (PSD), …

Compliance determinations shall include consideration of on-site inspections, data analyses and/or reporting activities as prescribed by the council and performed by other state agencies pursuant to annual interagency agreements.[Statutory Authority: RCW 80.50.040 (1) and (12). W…

Written reports by state agencies, or their authorized representatives reporting to the council under interagency agreements, shall be submitted regularly and contain certifications as to the certificate holder's satisfactory compliance or noncompliance with the appropriate terms…

The council shall make a determination of noncompliance with the terms of a certification agreement, PSD, NPDES, or other permits where circumstances so warrant and on such finding of noncompliance will institute appropriate enforcement action.[Statutory Authority: RCW 80.50.040 …

(1) The council may contract with the department of ecology, or its authorized representative, to perform monitoring activities pertaining to air and water discharges, except as provided in subsection (2) of this section, and when it reports to the council that appropriate enforc…

(1) General. The council establishes four types of enforcement action in order to provide the council with a range of responses to apparent violations of a site certification agreement or the laws and rules enforced by the council. The range allows the chair or the council to cho…

This chapter sets forth rules for the content and timing of preparing site restoration or preservation plans for implementation at the conclusion of a plant's operating life; if a project is terminated; or if construction is suspended. The council shall apply these rules to site …

Site restoration or preservation plans shall be prepared in sufficient detail to identify, evaluate, and resolve all major environmental and public health and safety issues, to include provisions for funding or bonding and monitoring. Specific plans shall:(1) Describe the process…

The council shall approve all site restoration or preservation plans. Each plan shall include schedules for implementation of the proposed site restoration or preservation activities.[Statutory Authority: RCW 80.50.040 (1) and (12). WSR 04-21-013, § 463-72-030, filed 10/11/04, ef…

(1) At least 90 days prior to the beginning of site preparation, the certificate holder shall provide the council with an initial site restoration plan which addresses site restoration occurring at the conclusion of the plant's operating life, or in the event the project is suspe…

When a project is terminated, a detailed site restoration plan shall be submitted within 90 days from the time the council is notified of the termination. An extension of time may be granted for good cause shown. The site restoration plan shall address the elements required to be…

In the event that construction is suspended, a plan for site preservation shall be prepared at the earliest feasible time, as agreed to by the council, and the council shall be advised of interim concerns and the measures being taken to remedy those concerns. The site preservatio…

In the absence of a council determination as to the level of site restoration, restoration of the site to a reasonable approximation of its original condition prior to construction shall be required.[Statutory Authority: RCW 80.50.040 (1) and (12). WSR 04-21-013, § 463-72-070, fi…

When a site is subject to preservation or restoration pursuant to a plan as defined in WAC 463-72-040 through 463-72-060, the certificate holder shall conduct operations within terms of the plan; shall advise the council of unforeseen problems and other emergent circumstances at …

The energy facility site evaluation council, under authority vested in it by chapter 80.50 RCW is charged with the responsibility of adopting rules sufficient to protect the public and the environment from the effects of dangerous wastes generated at energy facilities subject to …