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Agency filings affecting this section

PDFWAC 463-78-005

Adoption by reference.

(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:
(i) WAC 173-400-111 (5)(a) (last six words), (6), (9);
(ii) WAC 173-400-730(4);
(iii) WAC 173-400-750(2) second sentence; and
(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.]