Statutes, codes, and regulations
Washington Administrative Code
Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508)
Chapter 173-460 - Controls for new sources of toxic air pollutants
Section 173-460-040 - New source review

Wash. Admin. Code § 173-460-040

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Current through Register Vol. 24-20, October 15, 2024
Section 173-460-040 - New source review
(1) Applicability and exemptions. This chapter supplements the new source review requirements of WAC 173-400-110 by adding review requirements for new and modified toxic air pollutant sources. An action that is exempt from new source review under WAC 173-400-110(4) or (5) is exempt under this chapter as well, except that a local air authority may adopt its own list of exemptions in accordance with RCW 70.94.331(2)(b) to operate in lieu of or in addition to the exemptions in WAC 173-400-110(4) and (5). An action that requires a notice of construction application under WAC 173-400-110 is subject to the review requirements of this chapter, unless the emissions before control equipment of each TAP (rounded to two significant digits) from a new source or the increase in emissions from each modification is less than the applicable de minimis emission threshold for that TAP listed in WAC 173-460-150.
(2) New source review of a modification is limited to the emission unit or units proposed to be modified and the TAPs whose emissions would increase as a result of the modification.
(3) The permitting authority that is reviewing a notice of construction application for a new or modified toxic air pollutant source must ensure that:
(a) The new or modified emission units use tBACT for emissions control for the TAPs with emission increases that trigger the need to submit a notice of construction application; and
(b) The new or modified emission units comply with WAC 173-460-070 as demonstrated by using the procedures established in WAC 173-460-080 or, failing that, demonstrates compliance by using the additional procedures in WAC 173-460-090 and/or 173-460-100.

Wash. Admin. Code § 173-460-040

Amended by WSR 19-24-025, Filed 11/22/2019, effective 12/23/2019

Statutory Authority: Washington Clean Air Act, RCW 70.94.152. 09-11-131 (Order 05-19), § 173-460-040, filed 5/20/09, effective 6/20/09. Statutory Authority: Chapter 70.94 RCW. 94-03-072 (Order 93-19), § 173-460-040, filed 1/14/94, effective 2/14/94. Statutory Authority: RCW 70.94.331. 91-13-079 (Order 90-62), § 173-460-040, filed 6/18/91, effective 9/18/91.