Washington Administrative Code

(1) This chapter establishes regulations specifying procedures and other rules which will be utilized by the council in implementing section 402 of the Federal Water Pollution Control Act (FWPCA), as amended, 33 U.S.C. 1251 et seq.(2) The purpose of these regulations is to establ…

As used in this chapter, the following terms shall have the meanings indicated below:(1) "Act" means the Federal Water Pollution Control Act (FWPCA) as amended, (33 U.S.C. 1251, et seq.).(2) "Administrator" means the administrator of the United States Environmental Protection Age…

No waste materials or pollutants may be discharged from any energy facility as defined in WAC 463-76-010 into surface waters of the state, except as authorized pursuant to this chapter or as authorized by the council pursuant to its authority under chapter 80.50 RCW for coverage …

(1) For each energy facility proposing to commence a discharge of pollutants to surface waters of the state, there shall be filed with the council:(a) A complete NPDES application at the time of submitting an application for site certification to the council pursuant to RCW 80.50…

(1) Applications. All permit applications shall be signed as follows:(a) For a corporation. By a responsible corporate officer. For the purpose of this section, responsible corporate officer means:(i) A president, secretary, treasurer, or vice president of the corporation in char…

(1) The council shall formulate and prepare tentative determinations with respect to an NPDES application in advance of public notice as to the proposed issuance or denial of the NPDES permit. Such tentative determination shall be made no later than six months after receipt of a …

(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 su…

(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 30 days in the post office and public places of …

(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 …

(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 463-06-1…

(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, stormwater, and sanitary sewer wastes and any …

(1) No discharge regulated under the act shall be made by energy facilities subject to the jurisdiction of the council unless authorized by an NPDES permit issued pursuant to these regulations.(2) No NPDES permit may be issued by the council:(a) When the conditions of the permit …

(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. …

(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…

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 increas…

(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 180 days prior to its expiration. (2) The scope a…

(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…

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 a…

(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 t…

(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 whi…

(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 monit…

(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 re…

No member of the council shall have received, or has during the previous two years received, a significant portion of their 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 sect…

(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 follo…

The energy facility site evaluation council, under the authority vested in it by chapters 80.50 and 70A.15 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 basi…

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 chapters 173-400, 173-401, 173-406, and 17…

(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 …

(1) Energy facilities subject to chapter 80.50 RCW which emit radionuclides to the air shall meet standards and conditions pursuant to RCW 70A.15.3000, as promulgated by chapters 173-480 and 246-247 WAC.(2) The council will enter into a memorandum of agreement with the state depa…

(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 d…

(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 implem…

(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 pollutio…

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 80.5…

(1) Title 40, Code of Federal Regulations, Part 60 (standards of performance for new stationary sources), in effect on July 1, 2014, as applicable to new stationary sources subject to chapter 80.50 RCW is by this reference adopted and incorporated herein with the exception listed…

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 chapters 173-400, 173-401, 173-406, and 173-460 WAC.As a par…

Persons in violation of this chapter may be subject to the provisions of chapter 80.50 RCW and RCW 70A.15.3130.[Statutory Authority: RCW 80.50.040(1). WSR 25-12-020, s 463-78-135, filed 5/22/25, effective 6/22/25. Statutory Authority: RCW 80.50.040 (1) and (12). WSR 04-21-013, re…

(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 …

No member of the council shall have received, or has during the previous two years received, a significant portion of their 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, th…

The council may take any of the following regulatory actions to enforce this chapter to meet the provisions of RCW 80.50.040 or 70A.15.3130.(1) Enforcement actions—Notice of violation. At least 30 days prior to the commencement of any formal enforcement action under RCW 70A.15.31…

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 w…

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 a…

The definitions in this section are found in RCW 80.70.010 and apply throughout this chapter unless clearly stated otherwise."Applicant" has the meaning provided in RCW 80.50.020 and is subject to RCW 80.70.020 (1)(a)."Carbon credit" means a verified reduction in carbon dioxide o…

(1) The provisions of this chapter apply to:(a) New fossil-fueled thermal electric generation facilities with station-generating capability of 350,000 kilowatts or more and fossil-fueled floating thermal electric generation facilities of 100,000 kilowatts or more under RCW 80.50.…

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. WSR 08-14-064, § 463-80-040, file…

(1) Step 1 is to calculate the total quantity of CO2. The total quantity of CO2 is referred to as the maximum potential emissions of CO2. The maximum potential emissions of CO2 is defined as the annual CO2 emission rate. The annual CO2 emission rate is derived by the following fo…

(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…

(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 15 percent…

Applicants or facilities violating the carbon dioxide mitigation program requirements are subject to the enforcement provisions of chapter 80.50 RCW.[Statutory Authority: Chapters 80.70 and 80.80 RCW and RCW 80.50.040. WSR 08-14-064, § 463-80-080, filed 6/25/08, effective 7/26/08…