Washington Administrative Code

These rules and regulations are promulgated under RCW 70.94.143, 70.94.305, and 70.94.385 of the Washington Clean Air Act to establish standard of eligibility for the granting of state and federal financial aid to air authorities.[Statutory Authority: Chapter 70.94 RCW. WSR 87-19…

Unless a different meaning is clearly required by context, words and phrases used in this chapter shall have the following meanings; general terms common with other chapters of Title 173 WAC as defined in chapter 173-403 WAC, and terms specific to requirements for financial aid a…

State financial aid shall be granted to air authorities qualifying under these regulations subject to the following limitations:(1) State financial aid shall not exceed an amount equal to fifty percent of the locally funded portion of the annual recurring expenditures of such air…

Applications for state financial aid shall be prepared and submitted on forms specified by the department under the following conditions:(1) Applications shall be filed with the department and the department shall take action as to the disposition of an application within sixty-f…

The applicant shall provide sufficient information to show that its workable program is designed to provide for effective prevention and control of air pollution through an orderly progression of development, establishment, and improvement of air pollution control programs.(1) Th…

(1) No grant of state funds shall be made to any grantee for a period in excess of twelve months.(2) Any state financial aid granted shall be used solely for carrying out the program outlined in the approved application or approved amendment as provided in WAC 173-450-040 and 173…

(1) Grantees shall initiate requests for payment of state financial aid for the appropriate payment period utilizing properly executed vouchers furnished by the department. The voucher shall state the requested amount of state financial aid and the expenditure of local funds duri…

(1) Changes in the workable program of a grantee during the grant period which would not substantially affect the workable program, nor increase the total cost to the state, and which are for the purpose of improving the operation and performance of the workable plan, may be made…

The department may terminate state and federal financial aid, in whole or in part, to any grantee when it finds, after reasonable notice and opportunity for appeal to the director, that the grantee has failed to comply with any of the conditions of the approved application or ame…

The standards and requirements of these regulations establishing the eligibility of air authorities for state financial aid shall be equally applicable to the applications of such air authorities for federal grants.[Statutory Authority: Chapter 70.94 RCW. WSR 87-19-077 (Order 87-…

The purpose of this chapter is to consolidate most of the air quality related fees into one chapter. This will allow the regulated community easier access to applicable fees.[Statutory Authority: RCW 70.94.151, chapter 70.94 RCW, 2011 1st sp.s. c 50 § 302(2), and section 302(9), …

The definitions of terms contained in chapter 173-400 WAC are incorporated 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) "Fossil fuel" means natural gas, petro…

(1) The provisions of this chapter apply to air quality related activities regulated by the department of ecology.(2) The solid fuel retail sales fee in WAC 173-455-060 and the weather modification fee in WAC 173-455-070 apply statewide. All other provisions of this chapter do no…

(1) New source review and other air permitting fees for year 2024 and beyond.(a) Fee schedule:(i) Starting in 2023, ecology must prepare an annual budget that reflects the cost of the program;(ii) Ecology will base the budget on the program costs per RCW 70A.15.2210(2);(iii) Ecol…

All programs and services in this chapter require a fee. Unless otherwise stated, no approval of a permit or service for any activity covered in this chapter will be valid until the required fee is paid in full.[Statutory Authority: RCW 70.94.181, [70.94.]152, [70.94.]331, [70.94…

(1) Ecology may adjust fees for the registration program based on the cost of administering the registration program consistent with RCW 70.94.151(2), and WAC 173-455-039 and 173-455-040.(2) Ecology may propose fee increases based on a workload analysis for increasing any of the …

This chapter contains all fees required by the air quality program except the following:(1) Air operating permit - Fees can be found in chapter 173-401 WAC.(2) Agricultural burning - Fees can be found in chapter 173-430 WAC.(3) Reporting of emissions of greenhouse gases - Fees ca…

(1) A source loses its registration status when a registration fee has not been paid.(2) Source registration tiers. For the purpose of assessing registration fees, ecology must assign sources required to register with ecology to one of six tiers based on emissions in Table 1 in (…

(1) Registration fee. Each source required to register with ecology must pay an annual fee based on the source registration tier to which it is assigned in WAC 173-455-039.(2) Source closure. A source that closes or shuts down temporarily must pay its registration fee to maintain…

(1) Statutory authorization. RCW 70A.15.6270 authorizes ecology to determine, assess, and collect fees sufficient to cover costs to review and approve or deny the carbon dioxide mitigation plan components of an order of approval for a facility. Ecology may also collect fees suffi…

(1) A person selling a solid fuel burning device at retail shall collect a fee from the buyer, pursuant to RCW 70.94.483.(2) The fee shall be:(a) Set at a minimum of thirty dollars on January 1, 1992. Thereafter, ecology may annually adjust the fee to account for inflation as det…

(1) Procedures for issuing license. In accordance with WAC 173-495-060, an applicant shall pay a fee of one hundred dollars to the state of Washington to obtain a license.(2) Period of license. In accordance with WAC 173-495-060, an applicant shall pay a fee of one hundred dollar…

(1) General. Ecology will assess and collect fees as authorized in RCW 70A.15.2230(7) and described in subsections (2) through (4) of this section.(2) Fee schedule for source-specific determinations where ecology performs RACT analysis and determination.(a) Basic RACT analysis an…

(1) General requirements.(a) The fees in this section apply to:(i) Permit applications received on or after July 1, 2023.(ii) Requests for ecology review of other actions covered by this section received by ecology on or after July 1, 2023.(b) Components of permitting fees. Permi…

(1) Fee determination. Credit and deficit generators as defined in WAC 173-424-110 must pay an annual fee. Ecology must establish fees based on workload using the process outlined below. The fees must be sufficient to cover ecology's costs to administer the clean fuels program.(2…

(1) Entities subject to fees. Each owner or operator of a refrigeration system or an air conditioning system with a full charge greater than or equal to 200 pounds of a high GWP refrigerant, as defined in WAC 173-443-030, in a single refrigerant circuit is subject to fees under t…

(1) Pursuant to chapter 70.94 RCW, Washington Clean Air Act, the purpose of this chapter is to establish the systematic control of new or modified sources emitting toxic air pollutants (TAPs) in order to prevent air pollution, reduce emissions to the extent reasonably possible, a…

The definitions of terms contained in chapter 173-400 WAC are incorporated into this chapter by reference. Terms specific to this chapter are defined as follows:(1) "Acceptable source impact analysis" means a procedure for demonstrating compliance with WAC 173-460-070, that compa…

The provisions of this chapter apply statewide. WAC 173-460-090 and 173-460-100 must be implemented solely by ecology.[Statutory Authority: Washington Clean Air Act, RCW 70.94.152. WSR 09-11-131 (Order 05-19), § 173-460-030, filed 5/20/09, effective 6/20/09. Statutory Authority: …

(1) Applicability and exemptions. This chapter supplements the new source review requirements of WAC 173-400-110 by adding review requirements for new and modified toxic air pollutant sources. An action that is exempt from new source review under WAC 173-400-110 (4) or (5) is exe…

(1) New sources.A notice of construction application for a new or modified toxic air pollutant source must quantify the increase in the emissions of each TAP, after application of tBACT, emitted by the new or modified emission units.(2) Small quantity emission rates.A notice of c…

(1) Except as provided for in WAC 173-460-040, a person shall not establish, operate, or cause to be established or operated any new or modified toxic air pollutant source which is likely to increase TAP emissions without installing and operating tBACT.(2) A notice of constructio…

A notice of construction application must demonstrate that the increase in emissions of toxic air pollutants from the new or modified emission units at the source are sufficiently low to protect human health and safety from potential carcinogenic and/or other toxic effects. Compl…

(1) If requested by an applicant, the permitting authority may issue a regulatory order that limits emissions of a particular TAP to a level that is lower than the potential emissions of that particular TAP otherwise allowed under all applicable requirements of chapter 70.94 RCW …

(1) A notice of construction application for a new or modified toxic air pollutant source must include an acceptable source impact level analysis for each TAP emitted by the new or modified emission units with an emission increase greater than the de minimis emission level specif…

(1) Applicability. An applicant who cannot demonstrate compliance with WAC 173-460-070 using an acceptable source impact level analysis as provided in WAC 173-460-080, may submit a petition requesting that ecology perform a second tier review to determine a means of compliance wi…

(1) Applicability. An applicant for a project that exceeds the second tier review thresholds may submit a third tier petition requesting that the director of ecology approve the project based on a risk management analysis.(2) Contents of the petition.The petition must meet the su…

Violations of this chapter are subject to the penalty provisions and/or other remedies provided in chapter 70.94 RCW.[Statutory Authority: RCW 70.94.331. WSR 91-13-079 (Order 90-62), § 173-460-140, filed 6/18/91, effective 9/18/91.]

The following table lists the common name of TAPs, the chemical abstract service (CAS) number; the averaging period; the acceptable source impact level (ASIL); the small quantity emission rate (SQER); and de minimis emission value.Common NameCAS #Averaging PeriodASIL (µg/m3)SQER(…

This chapter establishes maximum acceptable levels in the ambient air for particulate matter, lead, sulfur dioxide, nitrogen oxides, ozone, and carbon monoxide.[Statutory Authority: Chapter 70.94 RCW. WSR 13-24-010 (Order 12-05), § 173-476-010, filed 11/21/13, effective 12/22/13.…

(1) The provisions of this chapter apply to all areas of the state of Washington.(2) All federal regulations referenced in this regulation are adopted as they exist on January 1, 2016.[Statutory Authority: RCW 70.94.152, 70.94.331, 70.94.860. WSR 16-12-099 (Order 16-01), § 173-47…

Definitions in chapter 173-400 WAC apply to this chapter. Definitions specific to this chapter include:"FEM" or "Federal Equivalent Method" means an EPA designated ambient air quality sampling and analysis method that has been designated as an equivalent method according to 40 C.…

(1) Standard for PM-10. The twenty-four-hour average concentration of PM-10 in the ambient air must not exceed 150 µg/m3 more than one time per year, on a three-year average.(2) Measurement method. The levels of PM-10 in the ambient air must be measured by:(a) A FRM based on 40 C…

(1) Standards for PM-2.5.(a) The three-year average of the annual arithmetic mean concentration of PM-2.5 must not exceed 12.0 μg/m3.(b) The three-year average of the ninety-eighth percentile twenty-four-hour average concentration of PM-2.5 must not exceed 35 μg/m3.(2) Measuremen…

(1) Standard for lead. The three-month rolling average concentration of lead and its compounds in the ambient air must not exceed 0.15 μg/m3.(2) Measurement method. The levels of lead in the ambient air must be measured by:(a) A FRM based on 40 C.F.R. Part 50, Appendix G and desi…

(1) Standard for sulfur oxides (measured as sulfur dioxide).(a) Annual. The annual average concentration for sulfur oxides in the ambient air must not exceed 0.02 ppmv in a calendar year.(b) Twenty-four-hour. The twenty-four-hour average concentration for sulfur oxides in the amb…

(1) Standards for nitrogen oxides (measured as nitrogen dioxide).(a) The annual average concentration for nitrogen oxides in ambient air must not exceed 53 ppbv (100 µg/m3) measured in the ambient air as nitrogen dioxide.(b) The three-year average of the ninety-eighthpercentile o…

(1) Standard for ozone. The three-year average of the annual fourth highest daily maximum eight-hour average concentration of ozone in the ambient air must not exceed 0.070 ppmv.(2) Measurement method. The levels of ozone in the ambient air must be measured by:(a) A FRM based on …

(1) Standards for carbon monoxide.(a) The eight-hour average concentration of carbon monoxide in the ambient air must not exceed 9 ppmv (10 milligrams per cubic meter) more than once per year.(b) The one-hour average concentration of carbon monoxide in the ambient air must not ex…

Ambient monitors must be sited as required in 40 C.F.R. Part 58.[Statutory Authority: Chapter 70.94 RCW. WSR 13-24-010 (Order 12-05), § 173-476-170, filed 11/21/13, effective 12/22/13.]