WSR 19-16-025
PERMANENT RULES
ENERGY FACILITY SITE
EVALUATION COUNCIL
[Filed July 26, 2019, 11:23 a.m., effective August 26, 2019]
Effective Date of Rule: Thirty-one days after filing.
Purpose: Revise the adoption-by-reference to provide continuity with the current version(s) of department of ecology updated air rules.
Citation of Rules Affected by this Order: Amending chapter 463-78 WAC, General and operating regulations for air pollution sources.
Statutory Authority for Adoption: RCW 80.50.0401(1); chapter 34.05 RCW.
Other Authority: RCW 70.94.422.
Adopted under notice filed as WSR 19-11-132 on May 22, 2019.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 2, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 2, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.
Date Adopted: July 26, 2019.
Kathleen Drew
Chair
AMENDATORY SECTION(Amending WSR 15-16-033, filed 7/27/15, effective 8/27/15)
WAC 463-78-005Adoption by reference.
(1) The energy facility site evaluation council adopts by reference the following provisions of chapter 173-400 WAC, as it existed on ((December 29, 2012))November 25, 2018, with the exceptions that:
(a) WAC 173-400-111 (5)(a) (last six words), (6), (9), ((and WAC 173-400-720 is adopted by reference except the date in WAC 173-400-720 (4)(a)(vi) is May 1, 2015, and WAC)) 173-400-730(4), and 173-400-750(2) second sentence are not adopted by reference((,)); and
(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.
WAC 173-400-025
Adoption of federal rules.
WAC 173-400-030:
Definitions.
WAC 173-400-036:
Relocation of portable sources.
WAC 173-400-040:
General standards for maximum emissions.
WAC 173-400-050:
Emission standards for combustion and incineration units.
WAC 173-400-060:
Emission standards for general process units.
((WAC 173-400-070
(5) and (7) only:
Emission standards for certain source categories.))
WAC 173-400-075:
Emission standards for sources emitting hazardous air pollutants.
WAC 173-400-081:
Emission limits during startup and shutdown.
WAC 173-400-091:
Voluntary limits on emissions.
WAC 173-400-105:
Records, monitoring, and reporting.
WAC 173-400-107:
Excess emissions.
WAC 173-400-110:
New source review (NSR) for sources and portable sources.
WAC 173-400-111:
Processing notice of construction applications for sources, stationary sources and portable sources.
WAC 173-400-112:
Requirements for new sources in nonattainment areas.
WAC 173-400-113:
Requirements for new sources in attainment or unclassifiable areas.
WAC 173-400-114:
Requirements for replacement or substantial alteration of emission control technology at an existing stationary source.
WAC 173-400-116:
Increment protection.
WAC 173-400-117:
Special protection requirements for federal Class I areas.
WAC 173-400-120:
Bubble rules.
WAC 173-400-131:
Issuance of emission reduction credits.
WAC 173-400-136:
Use of emission reduction credits (ERC).
WAC 173-400-161:
Compliance schedules.
WAC 173-400-171:
Public ((involvement))notice and opportunity for public comment.
WAC 173-400-175:
Public information.
WAC 173-400-180:
Variance.
WAC 173-400-190:
Requirements for nonattainment areas.
WAC 173-400-200:
Creditable stack height and dispersion techniques.
WAC 173-400-205:
Adjustment for atmospheric conditions.
WAC 173-400-700:
Review of major stationary sources of air pollution.
WAC 173-400-710:
Definitions.
WAC 173-400-720:
Prevention of significant deterioration (PSD).
WAC 173-400-730:
Prevention of significant deterioration application processing procedures.
WAC 173-400-740:
PSD permitting public involvement requirements.
WAC 173-400-750:
Revisions to PSD permits.
WAC 173-400-800:
Major stationary source and major modification in a nonattainment area.
WAC 173-400-810:
Major stationary source and major modification definitions.
WAC 173-400-820:
Determining if a new stationary source or modification to a stationary source is subject to these requirements.
WAC 173-400-830:
Permitting requirements.
WAC 173-400-840:
Emission offset requirements.
WAC 173-400-850:
Actual emissions plantwide applicability limitation (PAL).
WAC 173-400-860:
Public involvement procedures.
(2) The energy facility site evaluation council adopts by reference the following provisions of chapter 173-401 WAC, as it existed on September ((10, 2011))16, 2018, with the exception that (a) WAC 173-401-620 (2)(((a)))(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.
WAC 173-401-100:
Program overview.
WAC 173-401-200:
Definitions.
WAC 173-401-300:
Applicability.
WAC 173-401-500:
Permit applications.
WAC 173-401-510:
Permit application form.
WAC 173-401-520:
Certification.
WAC 173-401-530:
Insignificant emission units.
WAC 173-401-531:
Thresholds for hazardous air pollutants.
WAC 173-401-532:
Categorically exempt insignificant emission units.
WAC 173-401-533:
Units and activities defined as insignificant on the basis of size or production rate.
WAC 173-401-600:
Permit content.
WAC 173-401-605:
Emission standards and limitations.
WAC 173-401-610:
Permit duration.
WAC 173-401-615:
Monitoring and related recordkeeping and reporting requirements.
WAC 173-401-620:
Standard terms and conditions.
WAC 173-401-625:
Federally enforceable requirements.
WAC 173-401-630:
Compliance requirements.
WAC 173-401-635:
Temporary sources.
WAC 173-401-640:
Permit shield.
WAC 173-401-645:
Emergency provision.
WAC 173-401-650:
Operational flexibility.
WAC 173-401-700:
Action on application.
WAC 173-401-705:
Requirement for a permit.
WAC 173-401-710:
Permit renewal, revocation and expiration.
WAC 173-401-720:
Administrative permit amendments.
WAC 173-401-722:
Changes not requiring permit revisions.
WAC 173-401-725:
Permit modifications.
WAC 173-401-730:
Reopening for cause.
WAC 173-401-750:
General permits.
WAC 173-401-800:
Public involvement.
WAC 173-401-810:
EPA Review.
WAC 173-401-820:
Review by affected states.
(3) The energy facility site evaluation council adopts by reference the following provisions of chapter 173-406 WAC, as it existed on March 1, 2005.
Part I - GENERAL PROVISIONS
WAC 173-406-100:
Acid rain program general provisions.
WAC 173-406-101:
Definitions.
WAC 173-406-102:
Measurements, abbreviations, and acronyms.
WAC 173-406-103:
Applicability.
WAC 173-406-104:
New units exemption.
WAC 173-406-105:
Retired units exemption.
WAC 173-406-106:
Standard requirements.
Part II - DESIGNATED REPRESENTATIVE
WAC 173-406-200:
Designated representative.
WAC 173-406-201:
Submissions.
WAC 173-406-202:
Objections.
Part III - APPLICATIONS
WAC 173-406-300:
Acid rain permit applications.
WAC 173-406-301:
Requirement to apply.
WAC 173-406-302:
Information requirements for acid rain permit applications.
WAC 173-406-303:
Permit application shield and binding effect of permit application.
Part IV - COMPLIANCE PLAN
WAC 173-406-400:
Acid rain compliance plan and compliance options.
WAC 173-406-401:
General.
WAC 173-406-402:
Repowering extensions.
Part V - PERMIT CONTENTS
WAC 173-406-500:
Acid rain permit.
WAC 173-406-501:
Contents.
WAC 173-406-502:
Permit shield.
Part VI - PERMIT ISSUANCE
WAC 173-406-600:
Acid rain permit issuance procedures.
WAC 173-406-601:
General.
WAC 173-406-602:
Completeness.
WAC 173-406-603:
Statement of basis.
WAC 173-406-604:
Issuance of acid rain permits.
Part VII - PERMIT REVISIONS
WAC 173-406-700:
Permit revisions.
WAC 173-406-701:
General.
WAC 173-406-702:
Permit modifications.
WAC 173-406-703:
Fast-track modifications.
WAC 173-406-704:
Administrative permit amendment.
WAC 173-406-705:
Automatic permit amendment.
WAC 173-406-706:
Permit reopenings.
Part VIII - COMPLIANCE CERTIFICATION
WAC 173-406-800:
Compliance certification.
WAC 173-406-801:
Annual compliance certification report.
WAC 173-406-802:
Units with repowering extension plans.
Part IX - NITROGEN OXIDES
WAC 173-406-900:
Nitrogen oxides emission reduction program.
Part X - SULFUR DIOXIDE OPT-IN
WAC 173-406-950:
Sulfur dioxide opt-ins.
(4) The energy facility site evaluation council adopts by reference the following provisions of chapter 173-460 WAC, as it existed on ((March 1, 2005))June 20, 2009.
WAC 173-460-010:
Purpose.
WAC 173-460-020:
Definitions.
WAC 173-460-030:
((Requirements,))Applicability ((and exemptions)).
WAC 173-460-040:
New source review.
WAC 173-460-050:
Requirement to quantify emissions.
WAC 173-460-060:
Control technology requirements.
WAC 173-460-070:
Ambient impact requirement.
WAC 173-460-080:
((Demonstrating ambient impact compliance.))First tier review.
WAC 173-460-090:
Second tier ((analysis))review.
WAC 173-460-100:
((Request for risk management decision.))Third tier review.
((WAC 173-460-110:
Acceptable source impact levels.
WAC 173-460-120:
Scientific review and amendment of acceptable source impact levels and lists.
WAC 173-460-130:
Fees.))
WAC 173-460-140:
Remedies.
WAC 173-460-150:
((Class A toxic air pollutants: Known, probable and potential human carcinogens and acceptable source impact levels.))Table of ASIL, SQER, and de minimis emission values.
((WAC 173-460-160:
Class B toxic air pollutants and acceptable source impact levels.))
(5) The energy facility site evaluation council adopts by reference the following provisions of chapter 173-441 WAC, as it existed on January 1, 2011.
WAC 173-441-010:
Scope.
WAC 173-441-020:
Definitions.
WAC 173-441-030:
Applicability.
WAC 173-441-040:
Greenhouse gases.
WAC 173-441-050:
General monitoring, reporting, recordkeeping and verification requirements.
WAC 173-441-060:
Authorization and responsibilities of the designated representative.
WAC 173-441-070:
Report submittal.
WAC 173-441-080:
Standardized methods and conversion factors incorporated by reference.
WAC 173-441-090:
Compliance and enforcement.
WAC 173-441-100:
Addresses.
WAC 173-441-110:
Fees.
WAC 173-441-120:
Calculation methods incorporated by reference from 40 C.F.R. Part 98 for facilities.
WAC 173-441-140:
Petitioning ecology to use an alternative calculation method to calculate greenhouse gas emissions.
WAC 173-441-150:
Confidentiality.
WAC 173-441-160:
Ecology to share information with local air authorities and with the energy facility site evaluation council.
WAC 173-441-170:
Severability.
AMENDATORY SECTION(Amending WSR 06-06-037, filed 2/23/06, effective 3/26/06)
WAC 463-78-100Registration.
(1) Purpose. The registration program is used by the council to develop and maintain a current and accurate record of air contaminant sources subject to chapter 80.50 RCW. Information collected through the registration program is used to evaluate the effectiveness of air pollution strategies in collaboration with the department of ecology, and to verify source compliance with applicable air pollution requirements.
(2) Requirement to register. Except as provided in subsection (3) of this section, the owner or operator of each source subject to chapter 80.50 RCW shall register the source with the council. Sources subject to the Operating permit regulation in chapter 173-401 WAC are not required to comply with these registration requirements.
(3) The following sources are exempt from registration:
(a) A source that emits pollutants below the following emission rates:
Pollutant
Tons/Year
Carbon monoxide. . . .
 
5.0
Nitrogen oxides. . . .
 
2.0
Sulfur dioxide. . . .
 
2.0
Particulate Matter (PM). . . .
 
1.25
Fine Particulate (PM10). . . .
 
0.75
Volatile Organic Compounds (VOC). . . .
 
2.0
Lead. . . .
 
0.005
; and
(b) A source or emission unit that does not emit measurable amounts of Class A ((or Class B)) toxic air pollutants specified in WAC 173-460-150 ((and 173-460-160)).
(4) Initial registration. The owner or operator of a source that exists on the effective date of this rule must register the source with the council by no later than one year after the effective date of this rule. The owner or operator of a new source must register with the council within ninety days after beginning operation.
(5) Annual reregistration. After initial registration, the owner or operator of a source must reregister with the council by February 15 of each year. The reregistration must include all of the information required in the initial registration and must be updated to reflect any changes to such information since the previous registration. For information that has not changed since the previous registration, the owner or operator may reaffirm in writing the correctness and current status of the information previously furnished to the council.
(6) Registration format. Registration shall be in a format approved by the council. Each registration submittal shall include the following information:
(a) Name of the source and the nature of the business;
(b) Street address, telephone number((, facsimile number,)) and email address of the source;
(c) Name, mailing address, telephone number((, facsimile number)) and email address of the owner or operator;
(d) Name, mailing address, telephone number((, facsimile number)) and email address of the local individual responsible for compliance with this rule;
(e) Name, mailing address, telephone number((, facsimile number)) and email address of the individual authorized to receive requests for data and information;
(f) A description of the production processes and a related flow chart;
(g) Identification of emission units and air pollutant generating activities;
(h) A plot plan showing the location and height of all emission units and air pollutant generating activities. The plot plan must also show the property lines of the air pollution source and indicate the distance to and direction of the nearest residential or commercial property;
(i) Type and quantity of fuels, including the sulfur content of fuels, used on a daily and annual basis;
(j) Type and quantity of raw materials used on a daily and annual basis;
(k) Estimates of the total actual emissions for the air pollution source of the following air pollutants: Particulate matter emissions, PM10 emissions, sulfur dioxide (SO2), nitrogen oxides (NOX), carbon monoxide (CO), volatile organic compounds (VOC), lead (Pb), fluorides, sulfuric acid mist, hydrogen sulfide (H2S), total reduced sulfur (TRS), and reduced sulfur compounds;
(l) Calculations used to determine the estimated emissions in (k) of this subsection;
(m) Estimated efficiency of air pollution control equipment under present or anticipated operating conditions; and
(n) Any other information specifically requested by the council.
(7) Procedure for estimating emissions. The registration submittal must include an estimate of actual emissions taking into account equipment, operating conditions, and air pollution control measures. The emission estimates must be based upon actual test data, or in the absence of such data, upon procedures acceptable to the council. Any emission estimates submitted to the council must be verifiable using currently accepted engineering criteria. The following procedures are generally acceptable for estimating emissions from air pollution sources:
(a) Source-specific emission tests;
(b) Mass balance calculations;
(c) Published, verifiable emission factors that are applicable to the source;
(d) Other engineering calculations; or
(e) Other procedures to estimate emissions specifically approved by the council.
(8) Other reports required.
(a) A report of closure shall be filed with the council within ninety days after operations producing emissions permanently ceased at any source within the council's jurisdiction.
(b) A report of relocation of the source shall be filed with the council no later than ninety days prior to the relocation of the source. Submitting a report of relocation does not relieve the owner or operator of other site certification agreement amendment requirements pursuant to chapter 463-66 WAC, nor does it relieve the owner or operator from the requirement to obtain a permit or approval to construct if the relocation of the air pollution source would be a new source or modification subject to any federal or state permit to construct rule.
(c) A report of change of owner or operator shall be reported to the council within ninety days after the change in ownership is effective. Submitting the report of change of ownership does not relieve the owner or operator of other site certification agreement amendment requirements pursuant to chapter 463-66 WAC.
(9) Certification of truth and accuracy. All registrations and reports must include a certification by the owner or operator as to the truth, accuracy, and completeness of the information. This certification must state that, based on information and belief formed after reasonable inquiry, the statements and information are true, accurate, and complete.
(10) The council shall ensure that the following, as it pertains to sources covered under this rule, is passed on to ecology in a timely manner for inclusion in its permit register:
(a) Public meetings or hearings on draft operating permits;
(b) Receipt of complete applications;
(c) Permit appeals;
(d) Issuance or denial of final permit, permit modifications, or renewals;
(e) Authorization for a source to operate without an operating permit by limiting its potential to emit to levels below those that would require the source to obtain an operating permit;
(f) Periodic summaries of enforcement order and changes made without revising the permit pursuant to WAC 173-401-722.