Current through Register Vol. 25-06, March 15, 2025
(1) The
owner or operator of a proposed new major stationary source or a major
modification of an existing major stationary source, as determined according to
WAC 173-400-820, is authorized to
construct and operate the proposed project provided the following requirements
are met:
(a) The proposed new major
stationary source or a major modification of an existing major stationary
source will not cause any ambient air quality standard to be exceeded, will not
violate the requirements for reasonable further progress established by the SIP
and will comply with WAC
173-400-113(3) and
(4) for all air contaminants for which the
area has not been designated nonattainment.
(b) The permitting authority has determined,
based on review of an analysis performed by the owner or operator of a proposed
new major stationary source or a major modification of an existing major
stationary source of alternative sites, sizes, production processes, and
environmental control techniques, that the benefits of the project
significantly outweigh the environmental and social costs imposed as a result
of its location, construction, or modification.
(c) The proposed new major stationary source
or a major modification of an existing major stationary source will comply with
all applicable New Source Performance Standards, National Emission Standards
for Hazardous Air Pollutants, National Emission Standards for Hazardous Air
Pollutants for Source Categories, and emission standards adopted by ecology and
the permitting authority.
(d) The
proposed new major stationary source or a major modification of an existing
major stationary source will employ BACT for all air contaminants and
designated precursors to those air contaminants, except that it will achieve
LAER for the air contaminants and designated precursors to those air
contaminants for which the area has been designated nonattainment and for which
the proposed new major stationary source is major or for which the existing
source is major and the proposed modification is a major
modification.
(e) Allowable
emissions from the proposed new major stationary source or major modification
of an existing major stationary source of that air contaminant and designated
precursors to those air contaminants are offset by reductions in actual
emissions from existing sources in the nonattainment area. All offsetting
emission reductions must satisfy the requirements in WAC
173-400-840.
(f) The owner or operator of the proposed new
major stationary source or major modification of an existing major stationary
source has demonstrated that all major stationary sources owned or operated by
such person (or by any entity controlling, controlled by, or under common
control with such person) in Washington are subject to emission limitations and
are in compliance, or on a schedule for compliance, with all applicable
emission limitations and standards under the Federal Clean Air Act, including
all rules in the SIP.
(g) If the
proposed new source is also a major stationary source within the meaning of WAC
173-400-720, or the proposed
modification is also a major modification within the meaning of WAC
173-400-720, it meets the
requirements of the PSD program under
40 C.F.R.
52.21 delegated to ecology by EPA Region 10,
while such delegated program remains in effect. The proposed new major
stationary source or major modification will comply with the PSD program in WAC
173-400-700 through
173-400-750 for all air
contaminants for which the area has not been designated nonattainment when that
PSD program has been approved into the Washington SIP.
(h) The proposed new major stationary source
or the proposed major modification meets the special protection requirements
for federal Class I areas in WAC
173-400-117.
(i) All requirements of this section
applicable to major stationary sources and major modifications of volatile
organic compounds shall apply to nitrogen oxides emissions from major
stationary sources and major modifications of nitrogen oxides in an ozone
transport region or in any ozone nonattainment area, except in an ozone
nonattainment area or in portions of an ozone transport region where EPA has
granted a NOX waiver applying the standards set forth
under section 182(f) of the Federal Clean Air Act and the waiver continues to
apply.
(j) The requirements of this
section applicable to major stationary sources and major modifications of PM-10
and PM-2.5 shall also apply to major stationary sources and major modifications
of PM-10 and PM-2.5 precursors, except where EPA determines that such sources
do not contribute significantly to PM-10 levels that exceed the PM-10 ambient
standards in the area.
(2) Approval to construct shall not relieve
any owner or operator of the responsibility to comply fully with applicable
provisions of the state implementation plan and any other requirements under
local, state or federal law.
(3) At
such time that a particular source or modification becomes a major stationary
source or major modification solely by virtue of a relaxation in any
enforceable limitation which was established after August 7, 1980, on the
capacity of the source or modification otherwise to emit a pollutant, such as a
restriction on hours of operation, then the requirements of regulations
approved pursuant to 40
C.F.R. 51.165, or the requirements of 40
C.F.R. Part 51, Appendix S, as applicable, shall apply to the source or
modification as though construction had not yet commenced on the source or
modification. 40 C.F.R. Part 51, Appendix S shall not apply to a new or
modified source for which enforceable limitations are established after WAC
173-400-800 through
173-400-850 have been approved
into Washington's SIP.
Statutory Authority: Chapter 70.94 RCW. 12-24-027 (Order
11-10), § 173-400-830, filed 11/28/12, effective 12/29/12; 11-06-060 (Order
09-01), § 173-400-830, filed 3/1/11, effective
4/1/11.
