Washington Administrative Code

(1) The statement of basis will briefly set forth significant factual, legal, and policy considerations on which the permitting authority relied in issuing or denying the draft permit.(2) The statement of basis will include the reasons, and supporting authority, for approval or d…

(1) Proposed permit. After the close of the public comment period and within eighteen months of receipt of a complete application, the permitting authority will incorporate all necessary changes and issue or deny a proposed acid rain permit.(2) The permitting authority will submi…

(1) Appeals of the acid rain portion of an operating permit issued by the permitting authority that do not challenge or involve decisions or actions of the administrator under 40 C.F.R. part 72, 73, 75, 77 and 78 and sections 407 and 410 of the act and regulations implementing se…

[Statutory Authority: Chapter 70.94 RCW. WSR 94-23-127 (Order 94-23), § 173-406-700, filed 11/23/94, effective 12/24/94.]

(1) WAC 173-406-700 shall govern revisions to any acid rain permit issued by the permitting authority.(2) A permit revision may be submitted for approval at any time. No permit revision shall affect the term of the acid rain permit to be revised. No permit revision shall excuse a…

(1)(a) Permit modifications shall follow the permit issuance requirements of WAC 173-406-600, 173-401-810 and 173-401-820.(b) For purposes of applying (a) of this subsection, a permit modification shall be treated as an acid rain permit application, to the extent consistent with …

(1) Fast-track modifications shall follow the following procedures:(a) The designated representative shall serve a copy of the fast-track modification on the administrator, the permitting authority, and any person entitled to a written notice under WAC 173-401-800. Within five bu…

(1) Administrative amendments shall follow the procedures set forth at WAC 173-401-720. The permitting authority will submit the revised portion of the permit to the administrator within ten working days after the date of final action on the request for an administrative amendmen…

The following permit revisions shall be deemed to amend automatically, and become a part of the affected unit's acid rain permit by operation of law without any further review:(1) Upon recordation by the administrator under 40 C.F.R. part 73, all allowance allocations to, transfe…

(1) As provided in WAC 173-401-730, the permitting authority will reopen an acid rain permit for cause, including whenever additional requirements become applicable to any affected unit governed by the permit.(2) In reopening an acid rain permit for cause, the permitting authorit…

[Statutory Authority: Chapter 70.94 RCW. WSR 94-23-127 (Order 94-23), § 173-406-800, filed 11/23/94, effective 12/24/94.]

(1) Applicability and deadline. For each calendar year in which a unit is subject to the acid rain emissions limitations, the designated representative of the source at which the unit is located shall submit to the administrator and to the permitting authority, within sixty days …

(1) Design and engineering and contract requirements. No later than January 1, 2000, the designated representative of a unit governed by an approved repowering plan shall submit to the administrator and the permitting authority:(a) Satisfactory documentation of a preliminary desi…

(Reserved.)[Statutory Authority: Chapter 70.94 RCW. WSR 94-23-127 (Order 94-23), § 173-406-900, filed 11/23/94, effective 12/24/94.]

(Reserved.)[Statutory Authority: Chapter 70.94 RCW. WSR 94-23-127 (Order 94-23), § 173-406-950, filed 11/23/94, effective 12/24/94.]

(1) This rule has three separate parts:(a) Part I covers CO2 mitigation in WAC 173-407-010 through 173-407-080.(b) Part II covers GHG EPS in WAC 173-407-100 through 173-407-240.(c) Part III covers long-term financial commitments and ecology's consultation in WAC 173-407-300 throu…

Federal rules mentioned in this rule are adopted as they exist on February 21, 2018.[Statutory Authority: Chapters 80.70 and 80.80 RCW. WSR 18-05-091 (Order 16-12), § 173-407-006, filed 2/21/18, effective 3/24/18.]

(1) Chapter 80.70 RCW requires mitigation of CO2 emissions from all new and certain modified fossil-fueled thermal electric generating facilities with station-generating capability of more than 25 megawatts of electricity (MWe).(2) A fossil-fueled thermal electric generating faci…

The definitions in this section are only applicable to Part I."Annual CO2 emission rate" means the maximum potential annual CO2 emission rate."Applicant" has the meaning provided in RCW 80.50.020 and includes an applicant for a permit for a fossil-fueled thermal electric generati…

(1) New facility. A fossil-fueled thermal electric generating facility must mitigate CO2 emissions when the facility meets the following criteria:(a) A facility submits a notice of construction application after July 1, 2004;(b) The station-generating capability is between 25 MWe…

Fees can be found in WAC 173-455-050.[Statutory Authority: Chapter 80.70 RCW. WSR 18-05-091 (Order 16-12), § 173-407-040, filed 2/21/18, effective 3/24/18. Statutory Authority: Chapter 80.80 RCW. WSR 08-14-011 (Order 07-11), § 173-407-040, filed 6/19/08, effective 7/20/08. Statut…

(1) Step 1 - Calculate the annual CO2 emission rate. Calculate the annual CO2 emission rate using the following formula unless a differing analysis is necessary or appropriate for the electric generating process and type of equipment:CO2rate=Fs × Ks× Ts +F1 × K1× T1 +F2 × K2× T2 …

(1) Mitigation plan requirements.(a) The facility must mitigate the quantity of CO2 emissions determined by WAC 173-407-050 (4) or (5) as applicable. The facility must have an approved CO2 mitigation plan as part of the order of approval. The facility does not need to submit any …

(1) The notice of construction application to the permitting authority must indicate the selected mitigation option(s).(2) Applicants using payment to an independent qualified organization (a third party) or the permanent carbon credit option must provide the documentation to the…

A facility violating the CO2 mitigation program requirements is subject to the enforcement provisions of chapter 70.94 RCW.[Statutory Authority: Chapter 80.70 RCW. WSR 18-05-091 (Order 16-12), § 173-407-080, filed 2/21/18, effective 3/24/18. Statutory Authority: Chapter 80.80 RCW…

The legislature established statutory goals for the statewide reduction of greenhouse gas emissions. The legislature further intends by chapter 80.80 RCW to authorize immediate actions in the electric power generation sector for the reduction of greenhouse gas emissions.[Statutor…

The following definitions apply when these terms are used in the provisions of Part II and Part III of this chapter."Average available greenhouse gas emissions output" means the level of greenhouse gas emissions as surveyed and determined by the energy policy division of the depa…

(1) Starting July 1, 2008, a baseload electric generation facility or unit or baseload electric cogeneration facility or unit located in Washington is subject to the GHG EPS each time it meets one of the following conditions:(a) Commence commercial operation;(b) New ownership int…

(1) A baseload electric generation facility or unit or baseload electric cogeneration facility or unit must comply with the GHG EPS in subsection (2) of this section in effect at the time when the facility or unit triggers the applicability in WAC 173-407-120.(2) GHG EPS.Table 1G…

(1) The owner or operator of a baseload electric generation facility or unit must collect the following data to demonstrate compliance with the GHG EPS in WAC 173-407-130:(a) The usage and heat content of fuels and fuel feed stocks that provide energy input to the baseload electr…

(1) This section applies to a facility or unit certified to the Federal Energy Regulatory Commission under the provisions of 18 C.F.R. Part 292, Subpart B as a qualifying cogeneration facility (in effect on the date in WAC 173-407-006).(2) The owner or operator of a baseload elec…

(1) Monitoring and recordkeeping requirements. A baseload electric generation facility or unit and baseload electric cogeneration facility or unit required to meet GHG EPS in WAC 173-407-130 must monitor and report the following parameters as explained below:(a) Electrical output…

(1) The owner or operator of a facility or unit that does not meet the applicable EPS in WAC 173-407-130 must submit a sequestration plan to ecology when they propose to begin sequestration after the start of commercial operation and engage in an action listed in (a) through (d) …

(1) Requirements for permanent geologic sequestration of GHG are in WAC 173-218-115.(2) Requirements for permanent nongeologic sequestration of GHG are in WAC 173-407-220.[Statutory Authority: Chapter 80.80 RCW. WSR 18-05-091 (Order 16-12), § 173-407-210, filed 2/21/18, effective…

A baseload electric generation facility or unit or baseload electric cogeneration facility or unit that is subject to Part II and Part III of this chapter and proposes to use nongeologic sequestration of GHG to meet the GHG EPS must submit a sequestration plan or sequestration pr…

Note:Ecology is the agency responsible for enforcing this section.(1) A baseload electric generation facility or unit or baseload electric cogeneration facility or unit subject to WAC 173-407-130 that fails to meet the applicable GHG EPS or any implementation schedules and requir…

(1) A baseload generation facility or unit or baseload cogeneration facility or unit in a long-term financial commitment must meet the GHG EPS in WAC 173-407-130 in effect at the time the parties sign the commitment.(2) A long-term financial commitment must meet the following con…

(1) On request for assistance from the UTC, ecology must report to UTC whether baseload electric generation will comply with the GHG EPS for the period that the investor-owned utility contracts for the baseload electric generation.(2) Ecology's consultation with UTC includes:(a) …

(1) The governing boards of consumer-owned utilities may consult with ecology to determine whether the baseload electric generation supplied under a long-term financial commitment complies with the GHG EPS in WAC 173-407-130 in effect at the time the long-term financial commitmen…

The provisions of this regulation are severable. If any provision is held invalid, the application of that provision to other circumstances and the remainder of the regulation will not be affected.[Statutory Authority: Chapter 80.80 RCW. WSR 08-14-011 (Order 07-11), recodified as…

(1) Ecology's policy under chapter 70A.540 RCW is to reduce methane emissions from municipal solid waste (MSW) landfills.(2) This rule establishes requirements to reduce methane emissions from both active and closed MSW landfills that have received solid waste after January 1, 19…

When used in this chapter, the following terms have the meanings given below. These definitions should not be interpreted to apply to any other chapter unless expressly provided for therein."Active mining" means actively excavating a landfill or a portion thereof using convention…

Except as provided in subsection (1) of this section, this chapter applies to all MSW landfills that received solid waste after January 1, 1992.(1) This chapter does not apply to the following landfills:(a) Landfills that receive or received only "hazardous waste(s)" as defined i…

(1) CERCLA exemption process: This subsection establishes the process for an owner or operator of a CERCLA regulated landfill to claim an exemption from the requirements of this chapter. To claim exemption from the requirements of this chapter, the owner or operator of a CERCLA r…

The department or local authority may request that any owner or operator of a MSW landfill demonstrate that the landfill does not meet the applicability criteria in WAC 173-408-030. Such a demonstration must be submitted to the department or local authority, as applicable, within…

(1) Each owner or operator of a MSW landfill that received solid waste after January 1, 1992, must submit an initial waste in place report to the department in accordance with WAC 173-408-170(1).(2) Each owner or operator of an active MSW landfill having fewer than 450,000 tons o…

(1) This section applies to each owner or operator of:(a) An active MSW landfill having waste in place of 450,000 tons or greater; or(b) A closed MSW landfill having waste in place of 750,000 tons or greater.(2) Each owner or operator subject to this section must submit an initia…

(1) General requirements: Except as provided by (a) of this subsection, any owner or operator of a MSW landfill that exceeds the HIC threshold specified in WAC 173-408-070(4) must install a gas collection and control system that meets the requirements of this section.(a) This sec…

The owner or operator of a closed MSW landfill may propose to the department or local authority that a gas collection and control system be decommissioned and removed provided the following requirements are met: (1)(a) The gas collection and control system has been in operation f…

(1) Except as provided in WAC 173-408-080, the methane concentration limits set forth in subsection (2) of this section apply to a MSW landfill subject to this chapter beginning on whichever of the following dates is later:(a) January 1, 2025;(b) Upon commencing operation of a ne…