Washington Administrative Code

Chapter 90.52 RCW requires the director of the department of ecology to adopt a critical materials registry and establish an annual reporting procedure for those operations which discharge wastes, other than sanitary sewage, into waters of the state and/or into the air of the sta…

As used herein "director" shall mean the director of the department of ecology. "Department" shall mean the department of ecology. Waters of the state shall include both surface and groundwaters.[Order 72-26, § 173-40-030, filed 11/27/72.]

The director, having consulted with a committee of environmental specialists as required by law, hereby designates the following materials as critical materials to be set forth in a critical materials registry filed at the department: Asbestos Arsenic, elemental and compounds of …

Upon notification by the director of the department of ecology, commercial operations including industrial operations which discharge wastes, other than sanitary sewage, into waters of the state and/or into the air of the state, shall file annually, during the month of January, r…

(1) It is the policy of the department of ecology (ecology) under the authority vested in it by chapter 43.21A RCW to provide for the systematic control of air pollution from air contaminant sources and for the proper development of the state's natural resources.(2) It is the pur…

(1) The provisions of this chapter shall apply statewide, except for specific subsections where a local authority has adopted and implemented corresponding local rules that apply only to sources subject to local jurisdiction as provided under RCW 70A.15.2040 and 70A.15.3000.(2) A…

(1) Adoption by reference date: February 12, 2025.(2) Federal rules mentioned in this rule are adopted as they exist on the date in subsection (1) of this section. Adoption by reference means the federal rule applies as if it was copied into this rule.[Statutory Authority: Chapte…

The definitions in this section apply statewide except where a permitting authority has redefined a specific term. Except as provided elsewhere in this chapter, the definitions in this section apply throughout the chapter:(1) "Actual emissions" means the actual rate of emissions …

(1) Applicability. This section applies to any nonroad engines as defined in WAC 173-400-030, except for:(a) Any nonroad engine that is:(i) In or on a piece of equipment that is self-propelled or serves a dual purpose by both propelling itself and performing another function; or(…

(1) Applicability.(a) Portable sources that meet the requirements of this section may without obtaining a site-specific or permitting authority-specific order of approval relocate and operate in any jurisdiction in which the permitting authority has adopted this section by refere…

(1) General requirements.(a) All sources and emissions units are required to meet the emission standards of this chapter. Where an emission standard listed in another chapter is applicable to a specific emissions unit, such standard takes precedence over a general emission standa…

Fees can be found in chapter 173-455 WAC.[Statutory Authority: RCW 70.94.181, [70.94.]152, [70.94.]331, [70.94.]650, [70.94.]745, [70.94.]892, [70.94.]011. WSR 07-19-005 (Order 07-10), § 173-400-045, filed 9/6/07, effective 10/7/07. Statutory Authority: Chapter 70.94 RCW. WSR 96-…

(1) Combustion and incineration emissions units must meet all requirements of WAC 173-400-040 and, in addition, no person shall cause or allow emissions of particulate matter in excess of 0.23 gram per dry cubic meter at standard conditions (0.1 grain/dscf), except, for an emissi…

General process units are required to meet all applicable provisions of WAC 173-400-040 and, no person shall cause or allow the emission of particulate material from any general process operation in excess of 0.23 grams per dry cubic meter at standard conditions (0.1 grain/dscf) …

Ecology finds that the reasonable regulation of sources within certain categories requires separate standards applicable to such categories. The standards set forth in this section shall be the maximum allowable standards for emissions units within the categories listed. Except a…

(1) National emission standards for hazardous air pollutants (NESHAPs). 40 C.F.R. Part 61 and Appendices (in effect on the date in WAC 173-400-025) are adopted. The term "administrator" in 40 C.F.R. Part 61 includes the permitting authority.(2) The permitting authority may conduc…

(1) In promulgating technology-based emission standards and establishing emission limits in a permit or order the permitting authority will consider any physical constraints on the ability of a source to comply with the applicable standard during startup or shutdown.(2) When the …

(1) Applicability. The owner or operator may request an alternative emission limit for a specific emission unit(s) that exceeds a limit in the SIP. The new limit would apply during a clearly defined transient mode of operation. An alternative emission limit established under this…

(1) Upon request by the owner or operator of a new or existing source or stationary source, the permitting authority with jurisdiction over the source shall issue a regulatory order that limits the potential to emit any air contaminant or contaminants to a level agreed to by the …

(1) Program purpose.(a) The registration program is a program to develop and maintain a current and accurate record of air contaminant sources. Information collected through the registration program is used to evaluate the effectiveness of air pollution control strategies and to …

(1) Source classification list. In counties without a local air pollution control authority, or for sources under the jurisdiction of ecology, the owner or operator of each source within the following source categories must register the source with ecology:(a) Agricultural chemic…

(1) General. Any person operating or responsible for the operation of an air contaminant source for which registration and reporting are required must register the source emission unit with the permitting authority. The owner or operator must make reports containing information r…

(1) Applicability. This section applies to sources subject to WAC 173-400-100 located in a county without a local air pollution control authority.(2) A source that is subject to WAC 173-400-100, but not subject to new source review under WAC 173-400-110(5) must register with ecol…

(1) This section applies to a source subject to WAC 173-400-100 located in a county without a local air pollution control authority.(2) Procedure for estimating emissions from a source. (a) An emissions inventory report may include:(i) An estimate of actual emissions taking into …

See chapter 173-455 WAC for ecology's fee schedule for 2019, 2020, 2021, and ecology's process for establishing registration fees for 2022 and beyond.[Statutory Authority: Chapter 70.94 RCW, RCW 70.94.151, 70.94.153, and 70.94.892. WSR 18-22-006 (Order 16-09), § 173-400-104, file…

The owner or operator of a source must upon notification by ecology, maintain records on the type and quantity of emissions from the source and other information deemed necessary to determine whether the source is in compliance with applicable emission limitations and control mea…

This section is in effect until the effective date of EPA's removal of the September 20, 1993, version of this section from the SIP. This section is not effective starting on that date.(1) The owner or operator of a source shall have the burden of proving to ecology or the author…

(State-only requirement not federally enforceable.) This section takes effect on the effective date of EPA's removal of the September 20, 1993, version of WAC 173-400-107 from the SIP.(1) Notify the permitting authority.(a) When excess emissions represent a potential threat to hu…

(State-only requirement not federally enforceable.) This section takes effect on the effective date of EPA's removal of the September 20, 1993, version of WAC 173-400-107 from the SIP.(1) Excess emissions determined to be unavoidable under the procedures and criteria in this sect…

(1) Applicability.(a) WAC 173-400-110, 173-400-111, 173-400-112, and 173-400-113 apply statewide except where a permitting authority has adopted its own new source review regulations.(b) This section applies to new sources and stationary sources as defined in RCW 70A.15.1030, and…

WAC 173-400-110, 173-400-111, 173-400-112, and 173-400-113 apply statewide except where a permitting authority has adopted its own new source review regulations.(1) Completeness determination.(a) Within thirty days after receiving a notice of construction application, the permitt…

WAC 173-400-110, 173-400-111, 173-400-112, and 173-400-113 apply statewide except where a permitting authority has adopted its own new source review regulations. The permitting authority that is reviewing an application required by WAC 173-400-110(2) to establish a new source in …

WAC 173-400-110, 173-400-111, 173-400-112, and 173-400-113 apply statewide except where a permitting authority has adopted its own new source review regulations. The permitting authority that is reviewing an application to establish a new source or modification in an attainment o…

(1) Any person proposing to replace or substantially alter the emission control technology installed on an existing stationary source or emission unit shall file a notice of construction application with the appropriate authority, or with ecology in areas or for sources over whic…

NSPS. Standards of performance for new sources are called New Source Performance Standards, or NSPS.(1) Adoption of federal rules.(a) 40 C.F.R. Part 60 and Appendices (in effect on the date in WAC 173-400-025) are adopted. Exceptions are listed in (b) of this subsection.(b) Excep…

This section takes effect on the effective date of EPA's incorporation of this section into the Washington state implementation plan.(1) Ecology will periodically review increment consumption. Within sixty days of the time that information becomes available to ecology that an app…

(1) Definitions. The following definitions apply to this section:(a) "Adverse impact on visibility" means visibility impairment that interferes with the management, protection, preservation, or enjoyment of the visitor's visual experience of the federal Class I area. This determi…

(1) Designation.(a) Lands within the exterior boundaries of Indian reservations may be proposed for redesignation by an Indian governing body or EPA. This restriction does not apply to nontrust lands within the 1873 Survey Area of the Puyallup Indian Reservation.(b) All areas of …

(1) Applicability. The owner(s) or operator(s) of any source(s) may apply for a bubble for any contaminant regulated by state or federal law for which the emission requirement may be stated as an allowable limit in weight of contaminant per unit time for the emissions units invol…

(1) Applicability. The owner or operator of any source may apply to the permitting authority for an emission reduction credit (ERC) if the source proposes to reduce its actual emissions rate for any contaminant regulated by state or federal law for which the emission requirement …

(1) Permissible use. An ERC may be used to:(a) Satisfy the requirements for authorization of a bubble under WAC 173-400-120;(b) As an offsetting reduction to satisfy the requirements for new source review in WAC 173-400-830 or 173-400-113(4);(c) Or if the reduction meets the crit…

(1) The requirements of this section apply to an existing stationary facility. An "existing stationary facility" means a stationary source of air contaminants that meets all of these conditions:(a) The stationary source must have the potential to emit 250 tons per year or more of…

(1) Issuance. Whenever a source is found to be in violation of an emission standard or other provision of this chapter, ecology or the authority may issue a regulatory order requiring that the source be brought into compliance within a specified time. The order shall contain a sc…

The purpose of this section is to specify the requirements for notifying the public about air quality actions and to provide opportunities for the public to participate in those actions. This section applies statewide except that the requirements of WAC 173-400-171 (1) through (1…

All information, except information protected from disclosure under any applicable law, including, but not limited to, RCW 70A.15.2510, is available for public inspection at the issuing agency. This includes copies of notice of construction applications, orders, and applications …

Any person who owns or is in control of a plant, building, structure, establishment, process, or equipment may apply to ecology for a variance from provisions of this chapter governing the quality, nature, duration, or extent of discharges of air contaminants in accordance with t…

The development of specific requirements for nonattainment areas shall include consultation with local government in the area and shall include public involvement per WAC 173-400-171.[Statutory Authority: Chapter 70.94 RCW. WSR 91-05-064 (Order 90-06), § 173-400-190, filed 2/19/9…

(1) Applicability. These provisions shall apply to all sources except:(a) Stacks for which construction had commenced on or before December 31, 1970, except where pollutants are being emitted from such stacks used by sources which were constructed, or reconstructed, or for which …

Varying the rate of emission of a pollutant according to atmospheric conditions or ambient concentrations of that pollutant is prohibited, except as directed according to air pollution episode regulations.[Statutory Authority: Chapter 70.94 RCW. WSR 91-05-064 (Order 90-06), § 173…

Any emissions unit that was under the jurisdiction of an authority and now is under the jurisdiction of ecology, shall meet all emission requirements that were applicable prior to transfer of jurisdiction if those standards are more stringent than the standards of this chapter or…