(1) The energy facility site evaluation council adopts by reference the provisions in the chapters listed below in this section and the federal rules in WAC
463-78-115 as it existed on November 11, 2019.
(2) The energy facility site evaluation council adopts by reference the following provisions of chapter
173-400 WAC in effect on the date in subsection (1) of this section with the following exceptions:
(a) These provisions are not adopted by reference:
(iv) The adoption date shall be November 11, 2019.
(b) The terms "ecology," "authority," "director," and "permitting authority" in WAC
173-400-030 shall mean "the energy facility site evaluation council" unless a different meaning is plainly required by the context.
| Adoption of federal rules. |
| Definitions. |
| Relocation of portable sources. |
| General standards for maximum emissions. |
| Emission standards for combustion and incineration units. |
| Emission standards for general process units. |
| Emission standards for sources emitting hazardous air pollutants. |
| Emission limits during startup and shutdown. |
| Voluntary limits on emissions. |
| Records, monitoring, and reporting. |
| Excess emissions. |
| New source review (NSR) for sources and portable sources. |
| Processing notice of construction applications for sources, stationary sources and portable sources. |
| Requirements for new sources in nonattainment areas. |
| Requirements for new sources in attainment or unclassifiable areas. |
| Requirements for replacement or substantial alteration of emission control technology at an existing stationary source. |
| Increment protection. |
| Special protection requirements for federal Class I areas. |
| Bubble rules. |
| Issuance of emission reduction credits. |
| Use of emission reduction credits (ERC). |
| Compliance schedules. |
| Public notice and opportunity for public comment. |
| Public information. |
| Variance. |
| Requirements for nonattainment areas. |
| Creditable stack height and dispersion techniques. |
| Adjustment for atmospheric conditions. |
| Review of major stationary sources of air pollution. |
| Definitions. |
| Prevention of significant deterioration (PSD). |
| Prevention of significant deterioration application processing procedures. |
| PSD permitting public involvement requirements. |
| Revisions to PSD permits. |
| Major stationary source and major modification in a nonattainment area. |
| Major stationary source and major modification definitions. |
| Determining if a new stationary source or modification to a stationary source is subject to these requirements. |
| Permitting requirements. |
| Emission offset requirements. |
| Actual emissions plantwide applicability limitation (PAL). |
| Public involvement procedures. |
(3) The energy facility site evaluation council adopts by reference the following provisions of chapter
173-401 WAC, in effect on the date referenced in subsection (1) of this section, with the following exceptions:
(a) WAC
173-401-620 (2)(i) is not adopted by reference; and
(b) The terms "ecology," "authority," "director," and "permitting authority" shall mean "the energy facility site evaluation council" unless a different meaning is plainly required by the context.
| Program overview. |
| Definitions. |
| Applicability. |
| Permit applications. |
| Permit application form. |
| Certification. |
| Insignificant emission units. |
| Thresholds for hazardous air pollutants. |
| Categorically exempt insignificant emission units. |
| Units and activities defined as insignificant on the basis of size or production rate. |
| Permit content. |
| Emission standards and limitations. |
| Permit duration. |
| Monitoring and related recordkeeping and reporting requirements. |
| Standard terms and conditions. |
| Federally enforceable requirements. |
| Compliance requirements. |
| Temporary sources. |
| Permit shield. |
| Emergency provision. |
| Operational flexibility. |
| Action on application. |
| Requirement for a permit. |
| Permit renewal, revocation and expiration. |
| Administrative permit amendments. |
| Changes not requiring permit revisions. |
| Permit modifications. |
| Reopening for cause. |
| General permits. |
| Public involvement. |
| EPA Review. |
| Review by affected states. |
(4) The energy facility site evaluation council adopts by reference the following provisions of chapter
173-406 WAC, in effect on the date referenced to in subsection (1) of this section.
Part I - GENERAL PROVISIONS |
| Acid rain program general provisions. |
| Definitions. |
| Measurements, abbreviations, and acronyms. |
| Applicability. |
| New units exemption. |
| Retired units exemption. |
| Standard requirements. |
Part II - DESIGNATED REPRESENTATIVE |
| Designated representative. |
| Submissions. |
| Objections. |
Part III - APPLICATIONS |
| Acid rain permit applications. |
| Requirement to apply. |
| Information requirements for acid rain permit applications. |
| Permit application shield and binding effect of permit application. |
Part IV - COMPLIANCE PLAN |
| Acid rain compliance plan and compliance options. |
| General. |
| Repowering extensions. |
Part V - PERMIT CONTENTS |
| Acid rain permit. |
| Contents. |
| Permit shield. |
Part VI - PERMIT ISSUANCE |
| Acid rain permit issuance procedures. |
| General. |
| Completeness. |
| Statement of basis. |
| Issuance of acid rain permits. |
Part VII - PERMIT REVISIONS |
| Permit revisions. |
| General. |
| Permit modifications. |
| Fast-track modifications. |
| Administrative permit amendment. |
| Automatic permit amendment. |
| Permit reopenings. |
Part VIII - COMPLIANCE CERTIFICATION |
| Compliance certification. |
| Annual compliance certification report. |
| Units with repowering extension plans. |
Part IX - NITROGEN OXIDES |
| Nitrogen oxides emission reduction program. |
Part X - SULFUR DIOXIDE OPT-IN |
| Sulfur dioxide opt-ins. |
(5) The energy facility site evaluation council adopts by reference the following provisions of chapter
173-460 WAC, in effect on the date referenced in subsection (1) of this section.
| Purpose. |
| Definitions. |
| Applicability. |
| New source review. |
| Requirement to quantify emissions. |
| Control technology requirements. |
| Ambient impact requirement. |
| First tier review. |
| Second tier review. |
| Third tier review. |
| Remedies. |
| Table of ASIL, SQER, and de minimis emission values. |
(6) The energy facility site evaluation council adopts by reference the following provisions of chapter
173-441 WAC, in effect on the date referenced in subsection (1) of this section.
| Scope. |
| Definitions. |
| Applicability. |
| Greenhouse gases. |
| General monitoring, reporting, recordkeeping and verification requirements. |
| Authorization and responsibilities of the designated representative. |
| Report submittal. |
| Standardized methods and conversion factors incorporated by reference. |
| Third-party verification. |
| Assigned emissions level. |
| Compliance and enforcement. |
| Addresses. |
| Fees. |
| Calculation methods incorporated by reference from 40 C.F.R. Part 98 for facilities. |
| Calculation methods for suppliers. |
| Petitioning ecology to use an alternative calculation method to calculate greenhouse gas emissions. |
| Confidentiality. |
| Ecology to share information with local air authorities and with the energy facility site evaluation council. |
WAC 173-441-170: | Severability. |
[Statutory Authority: RCW
80.50.040(1), chapter
34.05 RCW and RCW
70.94.422. WSR 20-16-052, § 463-78-005, filed 7/28/20, effective 8/28/20; WSR 19-16-025, § 463-78-005, filed 7/26/19, effective 8/26/19. Statutory Authority: RCW
80.50.040 and
70.94.422. WSR 15-16-033, § 463-78-005, filed 7/27/15, effective 8/27/15. Statutory Authority: Chapters
70.94 and
70.235 RCW. WSR 11-13-048, § 463-78-005, filed 6/9/11, effective 7/10/11. Statutory Authority: Chapter
80.50 RCW and RCW
80.50.040. WSR 09-01-046, § 463-78-005, filed 12/10/08, effective 1/10/09. Statutory Authority: RCW
80.50.040 (1) and (12). WSR 06-06-037, § 463-78-005, filed 2/23/06, effective 3/26/06; WSR 04-21-013, recodified as § 463-78-005, filed 10/11/04, effective 11/11/04; WSR 04-17-058, § 463-39-005, filed 8/11/04, effective 9/11/04. Statutory Authority: RCW
80.50.040(1). WSR 95-17-088, § 463-39-005, filed 8/21/95, effective 9/21/95; WSR 94-16-031, § 463-39-005, filed 7/26/94, effective 8/26/94. Statutory Authority: RCW
80.50.040(1) and chapter
70.94 RCW. WSR 93-23-035, § 463-39-005, filed 11/10/93, effective 12/11/93. Statutory Authority: RCW
80.50.040(1). WSR 92-09-013, § 463-39-005, filed 4/2/92, effective 5/3/92.]