Washington Administrative Code

(1) Public interest. A majority of the members of any ecology or authority board shall represent the public interest. A majority of the members of such boards, shall not derive any significant portion of their income from persons subject to enforcement orders pursuant to the stat…

Ecology may take any of the following regulatory actions to enforce this chapter to meet the provisions of RCW 43.21B.300 which is incorporated by reference.(1) Enforcement actions by ecology—Notice to violators. At least 30 days prior to the commencement of any formal enforcemen…

Persons in violation of Title 173 WAC may be subject to the provisions of RCW 70A.15.3150.[Statutory Authority: Chapter 70A.15 RCW and RCW 70A.02.060. WSR 25-05-042 (Order 23-08), s 173-400-240, filed 2/12/25, effective 3/15/25. Statutory Authority: Chapter 70.94 RCW. WSR 91-05-0…

Decisions and orders of ecology or an authority may be appealed to the pollution control hearings board pursuant to chapter 43.21B RCW and chapter 371-08 WAC. [Statutory Authority: Chapter 70.94 RCW. WSR 93-18-007 (Order 93-03), § 173-400-250, filed 8/20/93, effective 9/20/93; WS…

All board members and officials acting or voting on decisions affecting air pollution sources, must comply with the Federal Clean Air Act, as it pertains to conflict of interest (Section 128).[Statutory Authority: RCW 70.94.152, 70.94.331, 70.94.860. WSR 16-12-099 (Order 16-01), …

In lieu of filing a notice of construction application under WAC 173-400-110, the owner or operator may apply for coverage under a general order of approval issued under this section. Coverage under a general order of approval satisfies the requirement for new source review under…

(1) The following sections are to be used by ecology when reviewing and permitting new major stationary sources and major modifications to major stationary sources located in attainment or unclassified areas in Washington.(2) WAC 173-400-700 through 173-400-750 apply statewide ex…

(1) For purposes of WAC 173-400-720 through 173-400-750 the definitions in 40 C.F.R. 52.21(b) (in effect on the date in WAC 173-400-025) must be used. Exception: The definition of "secondary emissions" as defined in WAC 173-400-030 must be used.(2) All usage of the term "source" …

(1) No major stationary source or major modification to which the requirements of this section apply is authorized to begin actual construction without having received a PSD permit.(2) Early planning encouraged. In order to develop an appropriate application, the source should en…

(1) Application submittal.(a) The applicant shall submit an application that provides complete information necessary for ecology to determine compliance with all PSD program requirements.(b) The applicant shall submit complete copies of its PSD application or an application to in…

(1) Actions requiring notification of the public. Ecology must provide public notice before approving or denying any of the following types of actions related to implementation of the PSD program contained in WAC 173-400-720:(a) Any preliminary determination to approve or disappr…

(1) The owner or operator may request, at any time, a change in conditions of a PSD permit and ecology may approve the request provided ecology finds that:(a) The change in conditions will not cause the source to exceed an emissions standard established by regulation;(b) No ambie…

WAC 173-400-800 through 173-400-860 apply statewide except where a permitting authority has a permitting program for major stationary sources in a nonattainment area incorporated into the Washington state implementation plan as replacement for these sections.These requirements ap…

The definitions in this section must be used in the major stationary source nonattainment area permitting requirements in WAC 173-400-800 through 173-400-860. If a term is defined differently in the federal program requirements for issuance, renewal and expiration of a Plant Wide…

(1) Any new major stationary source located anywhere in a nonattainment area designated under section 107 (d)(1)(A)(i) of the Federal Clean Air Act, that is major for the pollutant for which the area is designated nonattainment is subject to the permitting requirements of WAC 173…

(1) The owner or operator of a proposed new major stationary source or a major modification of an existing major stationary source, as determined according to WAC 173-400-820, is authorized to construct and operate the proposed project provided the following requirements are met:…

(1) The ratio of total actual emissions reductions to the emissions increase shall be 1.1:1 unless an alternative ratio is provided for the applicable nonattainment area in subsection (2) through (4) of this section.(2) In meeting the emissions offset requirements of WAC 173-400-…

The Actuals Plantwide Applicability Limitations (PAL) program in Section IV.K of Appendix S (Emission Offset Interpretive Ruling) to 40 C.F.R. Part 51, (in effect on the date in WAC 173-400-025) is adopted with the following exceptions:(1) The term "reviewing authority" means "pe…

The public involvement procedures in WAC 173-400-171 shall be followed, including joint public notifications (integrated review) with any proposed notice of construction approval for the project. Any permit issued pursuant to WAC 173-400-830 or 173-400-850 must comply with WAC 17…

(1) Applicability.(a) This section applies statewide except where a permitting authority has not adopted this section in rule.(b) This section applies to diesel-fueled compression ignition emergency engines with a cumulative BHP rating greater than 500 BHP and equal to or less th…

(1) The provisions in this chapter establish the elements of a comprehensive Washington state air operating permit program consistent with the requirements of Title V of the Federal Clean Air Act (FCAA) (42 U.S.C. 7401, et seq.).(2) All sources subject to this regulation shall ha…

The definitions of terms contained in chapter 173-400 WAC are incorporated by reference, unless otherwise defined here. 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) "Affe…

(1) Chapter 401 sources. The provisions of this chapter apply in all areas of the state of Washington to the following sources:(a) Any source required by the FCAA to have an operating permit. These include the following sources:(i) Any major source as defined in WAC 173-401-200.(…

(1) General. Ecology is authorized to submit the state operating permit program for approval under section 502 of the Federal Clean Air Act. Subject to federal approval, ecology may, in turn, delegate the federally approved state permit program to the local authority with jurisdi…

(1) Source identification. Within 90 days after the date that a permitting authority submits for EPA approval a permit program or partial permit program, the permitting authority shall notify each potential chapter 401 source within its jurisdiction that the source may be require…

(1) Standard application form and required information. Ecology shall develop a standard application form or forms to be used by each permitting authority. The application shall include information as described below for each emissions unit at a chapter 401 source other than insi…

Any application form, report, or compliance certification submitted pursuant to this chapter shall contain certification by a responsible official of truth, accuracy, and completeness. This certification and any other certification required under this chapter shall state that, ba…

(1) General. This section contains criteria for identifying insignificant emission units or activities for purposes of the operating permit program. Designation of an emission unit or activity as insignificant for purposes of this chapter does not exempt the unit or activity from…

General. The following tables provide thresholds for hazardous air pollutants:(1) Carcinogens:CAS NumberChemical NameThreshold Levels(tons/year)189-55-91, 2, 7, 8-dibenzopyrene0.005107-06-21, 2-dichloroethane0.478-87-51, 2-dichloropropane0.5540-73-81, 2-dimethylhydrazine0.004122-…

(1) General. This section contains lists of units and activities that are categorically exempt from this chapter. The activities listed in this section may be omitted from the permit application.(2) Mobile transport tanks on vehicles, except for those containing asphalt.(3) Lubri…

(1) General. This section contains lists of units or activities that are exempt from this chapter on the basis of size or production rate. Units and activities listed in this section must be listed on the permit application.(2) The following units and activities are determined to…

(1) Each permit shall contain terms and conditions that assure compliance with all applicable requirements at the time of permit issuance. Every requirement in an operating permit shall be based upon the most stringent of the following requirements:(a) The FCAA and rules implemen…

(1) General. Each permit shall contain emission limitations and standards, including those operational requirements and limitations that assure compliance with all applicable requirements at the time of permit issuance.(2) Alternative emission limits. If the Washington state impl…

The permitting authority shall issue permits for a fixed term of five years.[Statutory Authority: Chapter 70.94 RCW. WSR 93-20-075 (Order 91-68), § 173-401-610, filed 10/4/93, effective 11/4/93.]

(1) Monitoring. Each permit shall contain the following requirements with respect to monitoring:(a) All emissions monitoring and analysis procedures or test methods required under the applicable requirements, including any procedures and methods promulgated pursuant to sections 5…

(1) Acid rain. Each permit for an affected source shall contain a condition prohibiting emissions exceeding any allowances that the source lawfully holds under Title IV of the FCAA or the regulations promulgated thereunder.(a) No permit revision shall be required for increases in…

(1) Federal enforceability. All terms and conditions in a chapter 401 permit, including any provisions designed to limit a source's potential to emit, are enforceable by the administrator and citizens under the FCAA.(2) Exceptions. Notwithstanding subsection (1) of this section, …

(1) General. Consistent with WAC 173-401-615, all chapter 401 permits shall contain compliance certification, testing, monitoring, reporting, and recordkeeping requirements sufficient to assure compliance with the terms and conditions of the permit. Any document (including report…

The permitting authority may issue a single permit authorizing emissions from similar operations by the same source owner or operator at multiple temporary locations. The operation must be temporary and involve at least one change of location during the term of the permit. No aff…

(1) Shield requirement. Each chapter 401 permit shall include a provision stating that compliance with the conditions of the permit shall be deemed compliance with any applicable requirements as of the date of permit issuance, provided that such applicable requirements are includ…

(1) Reasonably anticipated operating scenarios. Each permit shall contain terms and conditions for reasonably anticipated operating scenarios identified by the source in its application as approved by the permitting authority. Such terms and conditions:(a) Shall require the sourc…

(1) A permit, permit modification, or renewal may be issued only if all of the following conditions have been met:(a) The permitting authority has received a complete application for a permit, permit modification, or permit renewal, except that a complete application need not be …

(1) Requirement for a permit. Except as provided in subsection (2) of this section, WAC 173-401-722 and 173-401-725, no chapter 401 source may operate after the time that it is required to submit a timely and complete application, except in compliance with a permit issued under t…

(1) Renewal application. The source shall submit a complete permit renewal application to the permitting authority no later than the date established in the permit. This date shall be no less than six months prior to the expiration of the permit. The permitting authority may requ…

(1) Definition. An "administrative permit amendment" is a permit revision that:(a) Corrects typographical errors;(b) Identifies a change in the name, address, or phone number of any person identified in the permit, or provides a similar minor administrative change at the source;(…

(1) General.(a) A chapter 401 source is authorized to make the changes described in this section without a permit revision, providing the following conditions are met:(i) The proposed changes are not Title I modifications;(ii) The proposed changes do not result in emissions which…

(1) The source shall be allowed to make changes not specifically addressed or prohibited by the permit terms and conditions without requiring a permit revision, provided that the proposed changes do not weaken the enforceability of existing permit conditions. Any change that is a…

(1) Definition. A permit modification is any revision to a chapter 401 permit that cannot be accomplished under provisions for administrative permit amendments under WAC 173-401-720. A permit modification for purposes of the acid rain portion of the permit shall be governed by re…

(1) Standard provisions. Each issued permit shall include provisions stating that the permit shall be reopened and revised under any of the following circumstances:(a) Additional applicable requirements become applicable to a major chapter 401 source with a remaining permit term …

(1) A decision to issue or to deny a final permit, or the terms or conditions of such a permit, may be appealed to the pollution control hearings board under chapter 43.21B RCW and RCW 70A.15.2260(9). Any appealable decision or determination shall be identified as such and shall …