WSR 02-22-105




[ Filed November 6, 2002, 10:32 a.m. ]

Subject of Possible Rule Making: Update of Energy Facility Site Evaluation Council (EFSEC) air rules (chapter 463-39 WAC) to be consistent with ecology's new source review (NSR) and prevention of significant deterioration (PSD) programs for air emissions. Clarification of the appeals process for permits issued under chapter 463-39 WAC. This rule-making process is separate, and not linked to EFSEC's rule adoption process regarding "standards" for combustion turbine projects.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 80.50.040 (1) and (12).

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: EFSEC proposes to readopt by reference portions of, or adopt new section of chapters 173-400, 173-401, 173-406, and 173-460 WAC promulgated by the Department of Ecology to comply with the state and federal Clean Air Acts and the requirements of the state implementation plan (SIP). Adoption of these rules is required for EFSEC to retain and exercise its delegated authority from the United States Environmental Protection Agency (EPA) to implement state and federal NSR and PSD regulations for facilities under EFSEC jurisdiction. Readoption by reference is also required to allow EFSEC to participate in Washington state's requests to EPA for SIP approval, allowing full implementation of the NSR and PSD programs by ecology, EFSEC, and local air authorities. Changes to the language describing the appeals process for permits issued under chapter 463-39 WAC is needed for clarity.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The Department of Ecology, EFSEC and local air authorities will submit a state package to the United States Environmental Protection Agency requesting SIP approval. Each agency must demonstrate ability to implement the federal NSR and PSD programs prior to EPA approving the state's SIP. These agencies are coordinating their rule adopting to ensure statewide consistency.

Process for Developing New Rule: EFSEC is coordinating development of its draft rules with ecology and EPA. EFSEC will discuss this rule-making activity at regular EFSEC meetings. EFSEC will issue notices to its interested person mailing list and rule-making lists, and will hold a public hearing prior to adoption.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. EFSEC will distribute this information through surface mail and e-mail to persons on EFSEC mail lists. To be added to these lists, interested persons should send a request to or call (360) 956-2121 stating they wish to be placed on rule-making surface or e-mail lists.

EFSEC will also discuss draft and proposed rules at its executive committee meetings and regular monthly meetings that are open to the public. For dates and locations go to or call (360) 956-2121.

For specific information regarding these rules contact Irina Makarow at (360) 956-2047 or

November 6, 2002

Allen J. Fiksdal

EFSEC Manager

Washington State Code Reviser's Office