Washington Administrative Code

(1) Permit issuance. The permitting authority may, after notice and opportunity for public participation provided under WAC 173-401-800, issue a general permit covering numerous similar sources or emissions units. Any general permit shall comply with all requirements applicable t…

(1) Purpose. It is ecology's and local air authorities' goal to ensure that accurate permitting information is made available to the public in a timely manner. The permitting authority is responsible for providing notice of permitting actions that allows sufficient time for comme…

(1) Permit register. Ecology shall regularly publish and maintain a Permit Register that will be distributed to all interested parties that request to be on the mailing list. All permitting authorities will work to ensure the information published in the register is timely.(2) Co…

(1) Information transfer. The permitting authority shall provide to the administrator a copy of each permit application (including any application for permit modification), each proposed permit, and each final chapter 401 permit. The applicant may be required by the permitting au…

(1) Notice. The permitting authority shall give notice of each draft permit, permit revision, or permit renewal to any affected state on or before the time that the permitting authority provides this or permit revision notice to the public under WAC 173-401-800 and 173-401-805, e…

(1) Fee determination. Ecology shall develop a fee schedule, consistent with the process outlined below, according to which it will collect fees from permit program sources under its jurisdiction. The fees shall be sufficient to cover ecology's permit administration costs and its…

Each delegated local authority shall establish a process for developing, assessing, and collecting fees from permit program sources under its jurisdiction. The fees shall be sufficient to cover its permit administration costs and its share of ecology's development and oversight c…

Reserved.[Statutory Authority: Chapter 70.94 RCW. WSR 94-02-041 (Order 93-19), § 173-401-910, filed 12/30/93, effective 1/30/94.]

(1) Collection from sources. Ecology and each delegated local authority shall collect fees sufficient to cover the costs of their respective permit administration activities and their share of ecology's development and oversight activities from the permit program sources under th…

(1) Public participation during fee determination process. Ecology shall provide for public participation in the fee determination process described under WAC 173-401-900, which provision shall include, but not be limited to, the following:(a) Ecology shall provide opportunity fo…

(1) Preliminary source data statements. Ecology shall provide to the permit program sources under its jurisdiction and to those persons on the mailing list, maintained in accordance with WAC 173-401-920 (1)(c), or to those requesting receipt of source data statements under this s…

(1) Fee payment. Each permit program source under ecology's jurisdiction shall pay a fee in the amount reflected in the fee schedule or invoice issued under WAC 173-401-925(3). Such fee shall be due on or before February 28 of each year.(2) Failure to pay fees. Ecology shall char…

(1) Collection. On or before October 31 of each year, ecology shall provide to each delegated local authority a statement of the share of ecology's development and oversight costs for which the authority is responsible for collecting from sources under its jurisdiction.(2) Remitt…

(1) Permit administration activities shall include:(a) Preapplication assistance and review of an application and proposed compliance plan for a permit, permit revision, or renewal;(b) Source inspections, testing and other data-gathering activities necessary for the development o…

These rules are enacted under the provisions of the Washington Clean Air Act as amended (RCW 70.94.395) to:(1) Assume state jurisdiction over emissions from kraft pulping mills to provide for the systematic control of air pollution in this industry and for the proper development …

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 …

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. WSR 91-05-064 (Order 90-06), § 173-405-033, filed 2/19/91, effective 3/22/91. Statutory Authority: …

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. WSR 91-05-064 (Order 90-06), § 173-405-035, filed 2/19/91, effective 3/22/9…

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 o…

The provisions of WAC 173-400-200 shall apply to all sources to which this chapter is applicable.[Statutory Authority: Chapter 70.94 RCW. WSR 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. WSR 88-01-05…

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. WSR 91-05-064 (Order 90-06), § 173-405-061, filed 2/19/91, effective 3/22/91. Statutory Authorit…

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…

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 and R…

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. WSR 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. WSR 89-02…

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 and RCW 70.94.395. WSR 19-10-028 (Order 18-03), § 173-405-086, filed 4/23/19, effective 5/24/19. St…

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 and RCW 70.94.395. WSR 19-10-028 (Order 18-03), § 173-405-087, filed 4/23/19, effective 5…

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. WSR 91-05-064 (Order 90-06), § 173-405-091, filed 2/19/91, effective 3/22/91; Order DE 76-35, § 173…

[Statutory Authority: Chapter 70.94 RCW. WSR 94-23-127 (Order 94-23), § 173-406-100, filed 11/23/94, effective 12/24/94.]

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 …

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 - Departm…

(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 …

(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 …

(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 …

(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 ma…

[Statutory Authority: Chapter 70.94 RCW. WSR 94-23-127 (Order 94-23), § 173-406-200, filed 11/23/94, effective 12/24/94.]

(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 t…

(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 …

[Statutory Authority: Chapter 70.94 RCW. WSR 94-23-127 (Order 94-23), § 173-406-300, filed 11/23/94, effective 12/24/94.]

(1) Duty to apply. The designated representative of any source with an affected unit shall submit a complete acid rain permit application by the applicable deadline in subsections (2) and (3) of this section, and the owners and operators of such source and any affected unit at th…

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…

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 t…

[Statutory Authority: Chapter 70.94 RCW. WSR 94-23-127 (Order 94-23), § 173-406-400, filed 11/23/94, effective 12/24/94.]

(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 complia…

(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 replaceme…

[Statutory Authority: Chapter 70.94 RCW. WSR 94-23-127 (Order 94-23), § 173-406-500, filed 11/23/94, effective 12/24/94.]

(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 aci…

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 secti…

[Statutory Authority: Chapter 70.94 RCW. WSR 94-23-127 (Order 94-23), § 173-406-600, filed 11/23/94, effective 12/24/94.]

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 i…

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 Auth…