Washington Administrative Code
Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508)
Chapter 173-400 - General regulations for air pollution sources
Section 173-400-109 - Unavoidable excess emissions
Current through Register Vol. 24-06, March 15, 2024
(1) Excess emissions determined to be unavoidable under the procedures and criteria in this section are violations of the applicable statute, rule, permit, or regulatory order.
Note: |
Nothing in a state rule limits a federal court's jurisdiction or discretion to determine the appropriate remedy in an enforcement action. |
(2) The owner or operator of a source shall have the burden of proving to the permitting authority in an enforcement action that excess emissions were unavoidable. This demonstration shall be a condition to obtaining relief under subsection (5) of this section.
(3) This section does not apply to an exceedance of an emission standard in 40 C.F.R. Parts 60, 61, 62, 63, and 72, or a permitting authority's adoption by reference of these federal standards.
(4) Excess emissions that occur due to an upset or malfunction during a startup or shutdown event are treated as an upset or malfunction under subsection (5) of this section.
(5) Excess emissions due to an upset or malfunction will be considered unavoidable provided the source reports as required by WAC 173-400-108 and adequately demonstrates to the permitting authority that:
Statutory Authority: Chapter 70.94 RCW. 11-06-060 (Order 09-01), § 173-400-109, filed 3/1/11, effective 4/1/11.