Current through Register Vol. 24-06, March 15, 2024
WAC
173-400-110,
173-400-111,
173-400-112, and
173-400-113 apply statewide
except where a permitting authority has adopted its own new source review
regulations.
(1) Completeness
determination.
(a) Within thirty days after
receiving a notice of construction application, the permitting authority must
either notify the applicant in writing that the application is complete or
notify the applicant in writing of all additional information necessary to
complete the application.
(b) A
complete application contains all the information necessary for processing the
application. At a minimum, the application must provide information on the
nature and amounts of emissions to be emitted by the proposed new source or
increased as part of a modification, as well as the location, design,
construction, and operation of the new source as needed to enable the
permitting authority to determine that the construction or modification will
meet the requirements of WAC
173-400-113. Designating an
application complete for purposes of permit processing does not preclude the
reviewing authority from requesting or accepting any additional
information.
(c) For a project
subject to the special protection requirements for federal Class I areas under
WAC 173-400-117(2),
a completeness determination includes a determination that the application
includes all information required for review of that project under WAC
173-400-117(3).
The applicant must send a copy of the application and all amendments to the
application to the EPA and the responsible federal land manager.
(d) For a project subject to the major new
source review requirements in WAC
173-400-800 through
173-400-860, the completeness
determination includes a determination that the application includes all
information required for review under those sections.
(e) An application is not complete until any
permit application fee required by the permitting authority has been
paid.
(2) Coordination
with chapter 173-401 WAC, operating permit regulation. A person seeking
approval to construct or modify a source that requires an operating permit may
elect to integrate review of the operating permit application or amendment
required under chapter 173-401 WAC and the notice of construction application
required by this section. A notice of construction application designated for
integrated review must be processed in accordance with operating permit program
procedures and deadlines in chapter 173-401 WAC and must comply with WAC
173-400-171.
(3) Criteria for approval of a notice of
construction application. An order of approval cannot be issued until the
following criteria are met as applicable:
(a)
The requirements of WAC
173-400-112;
(b) The requirements of WAC
173-400-113;
(c) The requirements of WAC
173-400-117;
(d) The requirements of WAC
173-400-171;
(e) The requirements of WAC
173-400-200 and
173-400-205;
(f) The requirements of WAC
173-400-700 through
173-400-750;
(g) The requirements of WAC
173-400-800 through
173-400-860;
(h) The requirements of chapter 173-460 WAC;
and
(i) All fees required under
chapter 173-455 WAC (or the applicable new source review fee table of the local
air pollution control authority) have been paid.
(4) Final determination - Time frame and
signature authority.
(a) Within sixty days of
receipt of a complete notice of construction application, the permitting
authority must either:
(i) Issue a final
decision on the application; or
(ii) Initiate notice and comment for those
projects subject to WAC
173-400-171 followed as promptly
as possible by a final decision.
(b) Every final determination on a notice of
construction application must be reviewed and signed prior to issuance by a
professional engineer or staff under the direct supervision of a professional
engineer in the employ of the permitting authority.
(5) Distribution of the final decision.
(a) The permitting authority must promptly
provide copies of each order approving or denying a notice of construction
application to the applicant and to any other party who submitted timely
comments on the application, along with a notice advising parties of their
rights of appeal to the pollution control hearings board.
(b) If the new source is a major stationary
source or the change is a major modification subject to the requirements of WAC
173-400-800 through
173-400-860, the permitting
authority must:
(i) Submit any control
technology (LAER) determination included in a final order of approval to the
RACT/BACT/LAER clearinghouse maintained by EPA; and
(ii) Send a copy of the final approval order
to EPA.
(6)
Appeals. Any conditions contained in an order of approval, or the denial of a
notice of construction application may be appealed to the pollution control
hearings board as provided under chapters 43.21B RCW and 371-08 WAC.
(7) Construction time limitations.
(a) Approval to construct or modify a
stationary source becomes invalid if construction is not commenced within
eighteen months after receipt of the approval, if construction is discontinued
for a period of eighteen months or more, or if construction is not completed
within a reasonable time. The permitting authority may extend the
eighteen-month period upon a satisfactory showing by the permittee that an
extension is justified.
(b) The
extension of a project that is either a major stationary source, as defined in
WAC 173-400-810, in a nonat-tainment
area or a major modification, as defined in WAC
173-400-810, of a major
stationary source in a nonattainment area must also require LAER, for the
pollutants for which the area is classified as nonattainment, as LAER exists at
the time of the extension for the pollutants that were subject to LAER in the
original approval.
(c) This
provision does not apply to the time period between construction of the
approved phases of a phased construction project. Each phase must commence
construction within eighteen months of the projected and approved commence
construction date.
(8)
Change of conditions or revisions to orders of approval.
(a) The owner or operator may request, at any
time, a change in the conditions of an approval order and the permitting
authority may approve the request provided the permitting authority finds that:
(i) The change in conditions will not cause
the source to exceed an emissions standard set by regulation or rule;
(ii) No ambient air quality standard will be
exceeded as a result of the change;
(iii) The change will not adversely impact
the ability of the permitting authority to determine compliance with an
emissions standard;
(iv) The
revised order will continue to require BACT for each new source approved by the
order except where the Federal Clean Air Act requires LAER; and
(v) The revised order meets the requirements
of WAC 173-400-111,
173-400-112,
173-400-113,
173-400-720,
173-400-830, and
173-460-040, as
applicable.
(b) Actions
taken under this subsection are subject to the public involvement provisions of
WAC 173-400-171 or the permitting
authority's public notice and comment procedures.
(c) The applicant must consider the criteria
in 40 C.F.R.
52.21(r)(4) (in effect on
the date in WAC 173-400-025 ) or 173-400-830(3), as applicable, when
determining which new source review approvals are required.
(9) Fees. Chapter 173-455 WAC
lists the required fees payable to ecology for various permit
actions.
(10) Enforcement. All
persons who receive an order of approval must comply with all approval
conditions contained in the order of approval.
Statutory Authority:
Chapter
70.94 RCW. 11-06-060
(Order 09-01), § 173-400-111, filed 3/1/11, effective
4/1/11.