- (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.
| 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 173-400-075: | 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 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. |
(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.
(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 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 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. |
(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.
(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.
| 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 173-441-085: | Third-party verification. |
| WAC 173-441-086: | Assigned emissions level. |
| 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 173-441-130: | Calculation methods for suppliers. |
| 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. |
[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.]