A Notice of Construction and/or PSD permit application must be filed by the owner or operator and an Order of Approval and/or PSD permit issued by the NWCAA, or other designated permitting agency, prior to the establishment of any new source, except for:
a) Those stationary sources exempt under NWCAA 300.4 (categorical) or NWCAA 300.5 (emission thresholds); and
b) Relocation of any temporary source operating in accordance with NWCAA Section 301.
For purposes of this section “establishment” shall mean to “begin actual construction”, as that term is defined in NWCAA Section 200, and “new source” shall include any “modification” to an existing “stationary source”, as those terms are defined in NWCAA Section 200.
Regardless of any other subsection of this section, a Notice of Construction or PSD permit application must be filed and an order of approval or PSD permit issued by the NWCAA prior to establishment of any of the following new sources:
a) Any project that qualifies as construction, reconstruction or modification of an affected facility, within the meaning of 40 CFR Part 60 (New Source Performance Standards), except Subpart AAA (Wood stoves) and such provisions of Subpart IIII pertaining to owners and operators of emergency stationary compression ignition internal combustion engines;
b) Any project that qualifies as a new or modified source within the meaning of 40 CFR 61.02 (National Emission Standards for Hazardous Air Pollutants), except for asbestos demolition and renovation projects subject to 40 CFR 61.145;
c) Any project that qualifies as a new source within the meaning of 40 CFR 63.2 (National Emission Standards for Hazardous Air Pollutants for Source Categories), except Subpart M (Dry Cleaning Facilities) pertaining to area source perchloroethylene dry cleaners, and Subpart ZZZZ pertaining to emergency and limited-use stationary reciprocating internal combustion engines;
d) Any project that qualifies as a new major stationary source, or a major modification;
e) Any modification to a stationary source that requires an increase either in a plant-wide cap or in a unit specific emission limit.
New source review of a modification shall be limited to the emission unit or units proposed to be added to an existing stationary source or modified and the air contaminants whose emissions would increase as a result of the modification; provided, however, that review of a major modification must comply with WAC 173-400-112 and/or 173-400-113, as applicable.
300.4 Emission unit and activity exemptions.
Except as provided in NWCAA 300.1 and 300.2 of this section, establishment of a new emission unit that falls within one of the categories listed below is exempt from new source review. Modification of any emission unit listed below is exempt from new source review, provided that the modified unit continues to fall within one of the listed categories. The installation or modification of a unit exempt under this subsection does not require the filing of a Notice of Construction application.
1) Cleaning and sweeping of streets and paved surfaces;
2) Concrete application, and installation;
3) Dredging wet spoils handling and placement;
4) Paving application and maintenance, excluding asphalt plants;
5) Plant maintenance and upkeep activities (grounds keeping, general repairs, routine house-keeping, routine plant painting, welding, cutting, brazing, soldering, plumbing, retarring roofs, etc.);
6) Plumbing installation, plumbing protective coating application and maintenance activities;
7) Roofing application;
8) Insulation application and maintenance, excluding products for resale;
9) Janitorial services and consumer use of janitorial products.
b) Storage tanks:
Note: It can be difficult to determine requirements for storage tanks therefore it is recommended that the owner or operator contact the NWCAA to determine the exemption status of storage tanks prior to their installation.
1) Lubricating oil storage tanks except those facilities that are wholesale or retail distributors of lubricating oils;
2) Polymer tanks and storage devices and associated pumping and handling equipment, used for solids dewatering and flocculation;
3) Storage tanks, reservoirs, pumping and handling equipment of any size containing soaps, vegetable oil, grease, animal fat, and nonvolatile aqueous salt solutions;
4) Process and white water storage tanks;
5) Operation, loading and unloading of storage tanks and storage vessels, with lids or other appropriate closure and less than 260 gallon capacity (35 cft);
6) Operation, loading and unloading of storage tanks, less than or equal to 1100 gallon capacity, with lids or other appropriate closure, not for use with materials containing toxic air pollutants, as defined in chapter 173-460 WAC, max. VP 550 mm Hg @21° C;
7) Operation, loading and unloading storage of butane, propane, or liquefied petroleum gas with a vessel capacity less than 40,000 gallons;
8) Tanks, vessels and pumping equipment, with lids or other appropriate closure for storage or dispensing of aqueous solutions of inorganic salts, bases and acids.
c) A project with combined aggregate heat input capacity from combustion units, less than or equal to any of the following:
1) Less than or equal to 500,000 Btu/hr coal with less than or equal to 0.5% sulfur or other fuels with less than or equal to 0.5% sulfur;
2) Less than or equal to 500,000 Btu/hr used oil, per the requirements of RCW 70.94.610;
3) Less than or equal to 400,000 Btu/hr wood waste or paper;
4) Less than 1,000,000 Btu/hr kerosene, #1, or #2 fuel oil and with less than or equal to 0.05% sulfur;
5) Less than or equal to 10,000,000 Btu/hr natural gas, propane, or LPG.
Note: the heat input capacity of each combustion unit shall be based on the higher heating value of fuel to be used.
d) Material handling:
1) Continuous digester chip feeders;
2) Grain elevators not licensed as warehouses or dealers by either the Washington State Department of Agriculture or the U.S. Department of Agriculture;
3) Storage and handling of water based lubricants for metal working where organic content of the lubricant is less than or equal to 10%;
4) Equipment used exclusively to pump, load, unload, or store high boiling point organic material in tanks less than one million gallon, material with initial atmospheric boiling point not less than 150°C or vapor pressure not more than 5 mm Hg @21°C, with lids or other appropriate closure.
e) Water treatment:
1) Septic sewer systems, not including active wastewater treatment facilities;
2) NPDES permitted ponds and lagoons used solely for the purpose of settling suspended solids and skimming of oil and grease;
3) De-aeration (oxygen scavenging) of water where toxic air pollutants as defined in chapter 173-460 WAC are not emitted;
4) Process water filtration system and demineralizer vents;
5) Sewer manholes, junction boxes, sumps and lift stations associated with wastewater treatment systems;
6) Demineralizer tanks;
7) Alum tanks;
8) Clean water condensate tanks.
f) Environmental chambers and laboratory equipment:
1) Environmental chambers and humidity chambers not using toxic air pollutant gases, as regulated under chapter 173-460 WAC;
2) Gas cabinets using only gases that are not toxic air pollutants regulated under chapter 173-460 WAC;
3) Installation or modification of a single laboratory fume hood;
4) Laboratory calibration and maintenance equipment.
g) Monitoring/quality assurance/testing:
1) Equipment and instrumentation used for quality control/assurance or inspection purpose;
2) Hydraulic and hydrostatic testing equipment;
3) Sample gathering, preparation and management;
4) Vents from continuous emission monitors and other analyzers.
h) Dry Cleaning: Unvented, dry-to-dry, dry-cleaning equipment that is equipped with refrigerated condensers and carbon absorption to recover the cleaning solvent.
i) Emergency Stationary Compression Ignition (CI) Internal Combustion Engines (ICE): Any stationary internal combustion engine whose operation is limited to emergency situations and required testing and maintenance and operating less than 500 hours a year. Examples include stationary ICE used to produce power for critical networks or equipment (including power supplied to portions of a facility) when electric power from the local utility (or the normal power source, if the facility runs on its own power production) is interrupted, or stationary ICE used to pump water in the case of fire or flood, etc. Stationary CI ICE used to supply power to an electric grid or that supply power as part of a financial arrangement with another entity are not considered to be emergency engines.
1) Single-family residences and duplexes;
2) Plastic pipe welding;
3) Primary agricultural production activities including soil preparation, planting, fertilizing, weed and pest control, and harvesting;
4) Comfort air conditioning;
5) Flares used to indicate danger to the public;
6) Natural and forced air vents and stacks for bathroom/toilet activities;
7) Personal care activities;
8) Recreational fireplaces including the use of barbecues, campfires, and ceremonial fires;
9) Tobacco smoking rooms and areas;
10) Noncommercial smokehouses;
11) Blacksmith forges for single forges;
12) Vehicle maintenance activities, not including vehicle surface coating;
13) Vehicle or equipment washing (see c) of this subsection for threshold for boilers);
14) Wax application;
15) Oxygen, nitrogen, or rare gas extraction and liquefaction equipment not including internal and external combustion equipment;
16) Ozone generators and ozonation equipment;
17) Solar simulators;
18) Ultraviolet curing processes, to the extent that toxic air pollutant gases as defined in chapter 173-460 WAC are not emitted;
19) Electrical circuit breakers, transformers, or switching equipment installation or operation;
20) Pulse capacitors;
21) Pneumatically operated equipment, including tools and hand held applicator equipment for hot melt adhesives;
22) Fire suppression equipment;
23) Recovery boiler blow-down tank;
24) Screw press vents;
25) Drop hammers or hydraulic presses for forging or metal working;
26) Production of foundry sand molds, unheated and using binders less than 0.25% free phenol by sand weight;
27) Kraft lime mud storage tanks and process vessels;
28) Lime grits washers, filters and handling;
29) Lime mud filtrate tanks;
30) Lime mud water;
31) Stock cleaning and pressurized pulp washing down process of the brown stock washer;
32) Natural gas pressure regulator vents, excluding venting at oil and gas production facilities and transportation marketing facilities;
33) Nontoxic air pollutant, as defined in chapter 173-460 WAC, solvent cleaners less than 10 square feet air-vapor interface with solvent vapor pressure not more than 30 mm Hg @21°C;
34) Surface coating, aqueous solution or suspension containing less than or equal to 1% (by weight) VOCs, and/or toxic air pollutants as defined in chapter 173-460 WAC;
35) Cleaning and stripping activities and equipment using solutions having less than or equal to 1% VOCs (by weight); on metallic substances, acid solutions are not exempt;
36) Dip coating operations, using materials less than 1% VOCs (by weight) and/or toxic air pollutants as defined in chapter 173-460 WAC.
37) Gasoline dispensing facilities subject to chapter 173-491 WAC are exempt from toxic air pollutant analysis pursuant to chapter 173-460 WAC.
300.5 Exemptions Based on Emissions Thresholds
a) Except as provided in NWCAA 300.1 and 300.2 of this section and in this subsection:
1) A new emissions unit that has an uncontrolled potential to emit below each of the threshold levels listed in the table contained in (d) of this subsection is exempt from new source review provided that the conditions of (b) of this subsection are met.
2) A modification to an existing emissions unit that increases the unit’s actual emissions by less than each of the threshold levels listed in the table contained in (d) of this subsection is exempt from new source review provided that the conditions of (b) of this subsection are met.
b) The owner or operator seeking to exempt a project from new source review under this section shall notify, and upon request, file a brief project summary with the NWCAA thirty (30) days prior to beginning actual construction on the project. If the NWCAA determines that the project will have more than a de Minimus impact on air quality as defined in 300.5 d), the NWCAA shall require the filing of a Notice of Construction or PSD permit application. The NWCAA may require the owner or operator to demonstrate that the emissions increase from the new emissions unit is smaller than all of the thresholds listed below. In accordance with NWCAA 324.2, a filing and NOC applicability determination fee shall apply when the NWCAA issues a written determination that a project is exempt for new source review.
c) The owner or operator may begin actual construction on the project thirty-one (31) days after the NWCAA receives the project summary, unless the NWCAA notifies the owner or operator within thirty (30) days that the proposed new source requires a Notice of Construction or PSD permit application.
d) Exemption threshold table:
POLLUTANT THRESHOLD LEVEL (ton per year)
1) Total Suspended Particulates: 1.25
2) PM10: 0.75
3) PM2.5: 0.5
4) Sulfur Oxides: 2.0
5) Nitrogen Oxides: 2.0
6) Volatile Organic Compounds: total 2.0
7) Carbon Monoxide: 5.0
8) Lead: 0.005
9) Ozone Depleting Substances: total 1.0 (in effect on July 1, 2000)
10) Toxic Air Pollutants: as specified in chapter 173-460 WAC.
(e) Greenhouse gas emissions are exempt from new source review under this section except to the extent required under WAC 173-400-720, prevention of significant deterioration. The owner or operator of a source or emissions unit may request that NWCAA impose emission limits and/or operation limitations for greenhouse gas in any new source review Order of Approval.
The Control Officer may require that a new source, that would otherwise be exempt under this section, submit a Notice of Construction application and be granted approval as specified in this section. This discretionary determination shall be based on the nature of air pollution emissions from the stationary source and its potential effect on health, economic and social factors, or physical effects on property. Upon request, the proponent shall submit to the Control Officer, appropriate information as necessary to make this determination.
300.7 Notice of Construction – Submittal Requirements
Each Notice of Construction application shall:
a) be submitted on forms provided by the NWCAA;
b) be accompanied by the appropriate fee specified in NWCAA 324.2;
c) be accompanied by a completed State Environmental Policy Act (SEPA) checklist consistent with NWCAA 155; and
d) include a “top down” BACT analysis, as defined at the time of submittal, except where the Federal Clean Air Act requires LAER; and
e) An applicant filing a Notice of Construction application for a project described in WAC 173-400-117(2), Special protection requirements for Class I areas, shall send a copy of the application to the responsible federal land manager.
300.8 Notice of Construction – Completeness Determination.
a) Within thirty (30) days after receiving a Notice of Construction or PSD permit application, the NWCAA shall either notify the applicant in writing that the application is complete or notify the applicant in writing of additional information necessary to complete the application.
b) For a project subject to the Special protection requirements for federal Class I areas in 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).
c) For a project subject to PSD review under WAC 173-400-720 through -750, a completeness determination includes a determination that the application provides all information required to conduct the PSD review.
300.9 Notice of Construction – Final Determination
a) Within sixty (60) days of receipt of a complete Notice of Construction or PSD permit application, the NWCAA shall either issue a final decision on the application or initiate public notice under NWCAA Section 305 on a proposed decision, followed as promptly as possible by a final decision.
b) A person seeking approval to construct or modify a stationary source that requires an operating permit may elect to integrate review of the operating permit application or amendment required under RCW 70.94.161 and the Notice of Construction or PSD permit application required by this section. A Notice of Construction or PSD permit application designated for integrated review shall be processed in accordance with operating permit program procedures and deadlines in chapter 173-401 WAC. A PSD permit application under WAC 173-400-720 through -750, a notice of nonattainment area construction application for a major modification in a nonattainment area, or a Notice of Construction application for a major stationary source in a nonattainment area must also comply with WAC 173-400-171.
c) Every final determination on a Notice of Construction or PSD permit application shall 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 NWCAA.
d) If the new source is a major stationary source or the change is a major modification, the application shall be processed in accordance with the applicable sections of WAC 173-400-112, 113, 117 and 171. The permitting agency shall:
1) Submit any control technology determination included in a final Order of Approval or PSD permit to the RACT/BACT/LAER clearinghouse maintained by EPA; and
2) Send a copy of the final Order of Approval or PSD permit to EPA.
300.10 Order of Approval – Appeals
An Order of Approval or PSD permit, any conditions contained in an Order of Approval or PSD permit, or the denial of a Notice of Construction or PSD permit application may be appealed to the Pollution Control Hearings Board as provided in chapter 43.21B RCW. The NWCAA shall promptly mail copies of each order approving or denying a Notice of Construction or PSD permit 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.
300.11 Order of Approval – Time Limitations.
An Order of Approval or PSD permit 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 NWCAA may extend the eighteen-month period upon a satisfactory showing that an extension is justified. An extension for a project operating under a PSD permit must also comply with public notice requirements in WAC 173-400-171. 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 commencement date.
300.12 Order of Approval – Change of Conditions.
a) The owner or operator may request, at any time, a change in conditions of an Order of Approval or PSD permit and the NWCAA may approve the request provided the NWCAA finds that:
1) The change in conditions will not cause the stationary source to exceed an emissions standard;
2) No ambient air quality standard or PSD increment will be exceeded as a result of the change;
3) The change will not adversely impact the ability of Ecology or the NWCAA to determine compliance with an emissions standard;
4) The revised order will continue to require BACT, as defined at the time of the original approval, for each new source approved by the order except where the Federal Clean Air Act requires LAER; and
5) The revised order meets the requirements of this section and WAC 173- 400-110, 173-400-112, 173-400-113 and 173-400-720 through -750, as applicable.
b) Actions taken under this subsection are subject to the public involvement provisions of NWCAA Section 305 or WAC 173-400-171 as applicable.
c) This rule does not prescribe the exact form such requests must take. However, if the request is filed as a Notice of Construction application, that application must be acted upon using the timelines found in NWCAA 300.8 and NWCAA 300.9 and the fee schedule found in NWCAA 324.
300.13 Replacement or Substantial Alteration of Emission Control Technology at an Existing Stationary Source.
a) Any person proposing to replace or substantially alter the emission control technology installed on an existing stationary source or emission unit shall file a Notice of Construction application with the NWCAA. Replacement or substantial alteration of control technology does not include routine maintenance, repair or similar parts replacement.
b) For projects not otherwise reviewable under NWCAA Section 300, the NWCAA may:
1) Require that the owner or operator employ RACT for the affected emission unit;
2) Prescribe reasonable operation and maintenance conditions for the control equipment; and
3) Prescribe other requirements as authorized by chapter 70.94 RCW.
c) Within thirty (30) days of receipt of a Notice of Construction application under this section the NWCAA 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 thirty (30) days of receipt of a complete Notice of Construction application under this section the NWCAA shall either issue an Order of Approval or a proposed RACT determination for the proposed project.
d) Construction shall not “commence,” as defined in NWCAA Section 200, on a project subject to review under this section until the NWCAA issues a final Order of Approval. However, any Notice of Construction application filed under this section shall be deemed to be approved without conditions if the NWCAA takes no action within thirty (30) days of receipt of a complete Notice of Construction application.
e) Approval to replace or substantially alter emission control technology shall become invalid if construction is not commenced within eighteen months after receipt of such approval, if construction is discontinued for a period of eighteen months or more, or if construction is not completed within a reasonable time. The NWCAA may extend the eighteen-month period upon a satisfactory showing that an extension is justified. 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 commencement date.
300.15 Order of Approval – Requirements to Comply
It shall be unlawful for an owner or operator of a source or emission unit to not abide by the operating and reporting conditions in the Order of Approval.
PASSED: January 8, 1969
AMENDED: July 8, 1970, February 14, 1973, July 11, 1973, August 9, 1978, October 12, 1989, February 14, 1990, April 14, 1993, November 12, 1998, November 12, 1999, March 9, 2000, June 14, 2001, July 10, 2003, July 14, 2005, November 8, 2007, June 10, 2010, June 9, 2011, November 17, 2011, August 13, 2015