RCW 70A.15.2210
Notice may be required of construction of proposed new contaminant source—Submission of plans—Approval, disapproval—Emission control—"De minimis new sources" defined.
(1) The department of ecology or board of any authority may require notice of the establishment of any proposed new sources except single-family and duplex dwellings or de minimis new sources as defined in rules adopted under subsection (11) of this section. The department of ecology or board may require such notice to be accompanied by a fee and determine the amount of such fee: PROVIDED, That the amount of the fee may not exceed the cost of reviewing the plans, specifications, and other information and administering such notice: PROVIDED FURTHER, That any such notice given or notice of construction application submitted to either the board or to the department of ecology shall preclude a further submittal of a duplicate application to any board or to the department of ecology.
(2) The department shall, after opportunity for public review and comment, adopt rules that establish a workload-driven process for determination and review of the fee covering the direct and indirect costs of processing a notice of construction application and a methodology for tracking revenues and expenditures. All new source fees collected by the delegated local air authorities from sources shall be deposited in the dedicated accounts of their respective treasuries. All new source fees collected by the department from sources shall be deposited in the air pollution control account.
(3) Within thirty days of receipt of a notice of construction application, the department of ecology or board may require, as a condition precedent to the establishment of the new source or sources covered thereby, the submission of plans, specifications, and such other information as it deems necessary to determine whether the proposed new source will be in accord with applicable rules and regulations in force under this chapter. If on the basis of plans, specifications, or other information required under this section the department of ecology or board determines that the proposed new source will not be in accord with this chapter or the applicable ordinances, resolutions, rules, and regulations adopted under this chapter, it shall issue an order denying permission to establish the new source. If on the basis of plans, specifications, or other information required under this section, the department of ecology or board determines that the proposed new source will be in accord with this chapter, and the applicable rules and regulations adopted under this chapter, it shall issue an order of approval for the establishment of the new source or sources, which order may provide such conditions as are reasonably necessary to assure the maintenance of compliance with this chapter and the applicable rules and regulations adopted under this chapter. Every order of approval under this chapter must be reviewed prior to issuance by a professional engineer or staff under the supervision of a professional engineer in the employ of the department of ecology or board.
(4) The determination required under subsection (3) of this section shall include a determination of whether the operation of the new air contaminant source at the location proposed will cause any ambient air quality standard to be exceeded.
(5) New source review of a modification shall be limited to the emission unit or units proposed to be modified and the air contaminants whose emissions would increase as a result of the modification.
(6) Nothing in this section shall be construed to authorize the department of ecology or board to require the use of emission control equipment or other equipment, machinery, or devices of any particular type, from any particular supplier, or produced by any particular manufacturer.
(7) Any features, machines, and devices constituting parts of or called for by plans, specifications, or other information submitted pursuant to subsection (1) or (3) of this section shall be maintained and operate in good working order.
(8) The absence of an ordinance, resolution, rule, or regulation, or the failure to issue an order pursuant to this section shall not relieve any person from his or her obligation to comply with applicable emission control requirements or with any other provision of law.
(9) Within thirty days of receipt of a notice of construction application the department of ecology or board shall 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. Within sixty days of receipt of a complete application the department or board shall either (a) issue a final decision on the application, or (b) for those projects subject to public notice, initiate notice and comment on a proposed decision, followed as promptly as possible by a final decision. 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 by RCW 70A.15.2260 and the notice of construction application required by this section. A notice of construction application designated for integrated review shall be processed in accordance with operating permit program procedures and deadlines.
(10) A notice of construction approval required under subsection (3) of this section shall include a determination that the new source will achieve best available control technology. If more stringent controls are required under federal law, the notice of construction shall include a determination that the new source will achieve the more stringent federal requirements. Nothing in this subsection is intended to diminish other state authorities under this chapter.
(11) No person is required to submit a notice of construction or receive approval for a new source that is deemed by the department of ecology or board to have de minimis impact on air quality. The department of ecology shall adopt and periodically update rules identifying categories of de minimis new sources. The department of ecology may identify de minimis new sources by category, size, or emission thresholds.
(12) For purposes of this section, "de minimis new sources" means new sources with trivial levels of emissions that do not pose a threat to human health or the environment.
[ 2020 c 20 § 1091. Prior: 1996 c 67 § 1; 1996 c 29 § 1; 1993 c 252 § 4; 1991 c 199 § 302; 1973 1st ex.s. c 193 § 2; 1969 ex.s. c 168 § 20; 1967 c 238 § 29. Formerly RCW 70.94.152.]
NOTES:
Finding—1991 c 199: See note following RCW 70A.15.1005.
Use of emission credits to be consistent with new source review program: RCW 70A.15.6230.
Structure Revised Code of Washington
Title 70A - Environmental Health and Safety
Chapter 70A.15 - Washington Clean Air Act.
70A.15.1005 - Declaration of public policies and purpose.
70A.15.1010 - Air pollution control account—Air operating permit account.
70A.15.1040 - Environmental excellence program agreements—Effect on chapter.
70A.15.1050 - Technical assistance program for regulated community.
70A.15.1060 - Transportation activities—"Conformity" determination requirements.
70A.15.1070 - Causing or permitting air pollution unlawful—Exception.
70A.15.1080 - Exception—Burning wood at historic structure.
70A.15.1090 - Policy to cooperate with federal government.
70A.15.1100 - Issuance of enforceable order—Overburdened communities.
70A.15.1510 - Air pollution control authority may be activated by counties, when.
70A.15.1520 - Multicounty authority may be formed by contiguous counties—Name.
70A.15.1550 - Resolutions activating authorities—Contents—Filings—Effective date of operation.
70A.15.1560 - Powers and duties of authorities.
70A.15.1570 - Cost-reimbursement agreements.
70A.15.1580 - Excess tax levy authorized—Election, procedure, expense.
70A.15.1590 - Air pollution control authority—Fiscal year—Adoption of budget—Contents.
70A.15.1610 - Designation of authority treasurer and auditor—Duties.
70A.15.1620 - Assessed valuation of taxable property, certification by county assessors.
70A.15.1630 - Authorization to borrow money.
70A.15.1640 - Special air pollution studies—Contracts for conduct of.
70A.15.2000 - Air pollution control authority—Board of directors—Composition—Term.
70A.15.2010 - City selection committees.
70A.15.2040 - Air pollution control authority—Powers and duties of activated authority.
70A.15.2050 - Subpoena powers—Witnesses, expenses and mileage—Rules and regulations.
70A.15.2230 - RACT requirements.
70A.15.2240 - Control of emissions—Bubble concept—Schedules of compliance.
70A.15.2250 - Preemption of uniform building and fire codes.
70A.15.2260 - Operating permits for air contaminant sources—Generally—Fees, report to legislature.
70A.15.2270 - Annual fees from operating permit program source to cover cost of program.
70A.15.2280 - Source categories not required to have a permit—Recommendations.
70A.15.2290 - Gasoline vapor recovery devices—Limitation on requiring.
70A.15.2300 - Air pollution control authority control officer.
70A.15.2310 - Variances—Application for—Considerations—Limitations—Renewals—Review.
70A.15.2510 - Confidentiality of records and information.
70A.15.2520 - Enforcement actions by air authority—Notice to violators.
70A.15.2530 - Order final unless appealed to pollution control hearings board.
70A.15.2540 - Rules of authority supersede local rules, regulations, etc.—Exceptions.
70A.15.2560 - Air pollution control advisory council.
70A.15.2570 - Dissolution of authority—Deactivation of authority.
70A.15.2580 - Withdrawal from multicounty authority.
70A.15.3000 - Powers and duties of department.
70A.15.3010 - Enforcement actions by department—Notice to violators.
70A.15.3020 - Hazardous substance remedial actions—Procedural requirements not applicable.
70A.15.3050 - Emission control requirements.
70A.15.3060 - State financial aid—Application for—Requirements.
70A.15.3090 - Order activating authority—Filing—Hearing—Amendment of order.
70A.15.3100 - Air pollution control authority—Review by department of program.
70A.15.3110 - Air pollution control authority—Assumption of control by department.
70A.15.3120 - State departments and agencies to cooperate with department and authorities.
70A.15.3140 - Restraining orders—Injunctions.
70A.15.3150 - Penalties (as amended by 2021 c 315).
70A.15.3160 - Civil penalties—Excusable excess emissions.
70A.15.3170 - Additional means for enforcement of chapter.
70A.15.3500 - Woodstoves—Policy.
70A.15.3510 - Woodstoves—Definitions.
70A.15.3520 - Residential and commercial construction—Burning and heating device standards.
70A.15.3530 - Solid fuel burning devices—Emission performance standards.
70A.15.3540 - Sale of unapproved woodstoves—Prohibited.
70A.15.3550 - Sale of unapproved woodstoves—Penalty.
70A.15.3560 - Sale of unapproved woodstoves—Application of law to advertising media.
70A.15.3590 - Liability of condominium owners' association or resident association.
70A.15.3600 - Limitations on use of solid fuel burning devices.
70A.15.3610 - Woodstove education program.
70A.15.3630 - Woodsmoke emissions—Findings.
70A.15.4000 - Transportation demand management—Findings.
70A.15.4010 - Transportation demand management—Definitions.
70A.15.4020 - Transportation demand management—Requirements for counties and cities.
70A.15.4030 - Transportation demand management—Growth and transportation efficiency centers.
70A.15.4040 - Transportation demand management—Requirements for employers.
70A.15.4050 - Transportation demand management—Jurisdictions' review and penalties.
70A.15.4060 - Transportation demand management—Commute trip reduction board.
70A.15.4070 - Transportation demand management—Technical assistance.
70A.15.4080 - Transportation demand management—Use of funds.
70A.15.4090 - Transportation demand management—Intent—State leadership.
70A.15.4110 - Transportation demand management—Collective bargaining powers unaffected.
70A.15.4500 - Reports of authorities to department of ecology—Contents.
70A.15.4510 - Burning used oil fuel in land-based facilities.
70A.15.4520 - Metals mining and milling operations permits—Inspections by department of ecology.
70A.15.5000 - Definition of "outdoor burning."
70A.15.5010 - Outdoor burning—Fires prohibited—Exceptions.
70A.15.5030 - Outdoor burning—Permits issued by political subdivisions.
70A.15.5040 - Limited outdoor burning—Establishment of program.
70A.15.5050 - Limited outdoor burning—Construction.
70A.15.5070 - Limited outdoor burning—Program—Exceptions.
70A.15.5100 - Delegation of permit issuance and enforcement to political subdivisions.
70A.15.5130 - Silvicultural forest burning—Reduce statewide emissions—Exemption—Monitoring program.
70A.15.5160 - Adoption of rules.
70A.15.5170 - Burning permits for regeneration of rare and endangered plants.
70A.15.5190 - Outdoor burning allowed for managing storm or flood-related debris.
70A.15.5200 - Fires necessary for Indian ceremonies or smoke signals.
70A.15.5210 - Permit to set fires for weed abatement.
70A.15.5220 - Disposal of tumbleweeds.
70A.15.6000 - Air pollution episodes—Legislative finding—Declaration of policy.
70A.15.6020 - Air pollution episodes—Declaration of air pollution emergency by governor.
70A.15.6040 - Air pollution episodes—Orders to be effective immediately.
70A.15.6050 - Plans approved pursuant to federal clean air act—Enforcement authority.
70A.15.6200 - Legislative declaration—Intent.
70A.15.6220 - Monitoring by department of ecology.
70A.15.6230 - Emission credits banking program—Amount of credit.
70A.15.6240 - Department of ecology may accept delegation of programs.
70A.15.6260 - Establishment of critical deposition and acidification levels—Considerations.
70A.15.6270 - Carbon dioxide mitigation—Fees.
70A.15.6450 - Boiler or process heaters—Assessment and reporting requirements.
70A.15.9001 - Construction—1967 c 238.
70A.15.9002 - Construction, repeal of RCW 70.94.061 through 70.94.066—Saving.