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Past Rulemaking




Subject Status
  • Air Rules - Chapter 463-78 WAC - Adoption by Reference
Amended rules effective July 23, 2015
  • Greenhouse Gas Reporting Rule WAC 463-78-005(5) Adoption by reference of Ecology rule

Amended rule effective July 10, 2011

4-15-09 - EFSEC has withdrawn
Amended rules effective March 16, 2009
  • Air rules - Chapter 463-78 WAC update of adoption by reference
Amended rule effective January 10, 2009
Final rule effective November 15, 2008
Final rules effective July 2008
Amended rules effective November 2007

Air Rules - Chapter 463-78 WAC

July 23, 2015 - Amended Rule Chapter 463-78 WAC became effective

On July 14, 2015, EFSEC adopted the amendment to Chapter 463-78 WAC and filed a CR-103 (Order of Adoption) with Code Revisors Office. The amended rule became effective on July 23, 2015.

On May 20, 2015, proposed to adopt revisions (notice) to its air quality rule, Chapter 463-78 Washington Administrative Code (WAC) and filed a CR 105 (Expedited Rule Making) with the Code Revisers Office. EFSEC expected to adopt this rule no earlier than July 14, 2015.

Initial Public Notice Documents
Final Issuance Documents
Ecology Rulemaking Documents

Air Rules - Chapter 463-78 WAC

July 10, 2011 - Amended Rule Chapter 463-78 WAC became effective

June 7, 2011 - Amended Chapter 463-78 WAC

On June 7, 2011, EFSEC adopted the amendment to Chapter 463-78 WAC and filed a CR 103 (Order of Adoption) with the Code Revisers Office. The amended rule became effective on July 10, 2011.

April 2011 - Expedited Rulemaking Chapter 463-78 WAC (CR-105)

The Energy Facility Site Evaluation Council (EFSEC) proposes to adopt a mandatory greenhouse gas reporting rule for persons operating a single facility, source, or site that emits at least 10,000 metric tons of greenhouse gases annually in the state.

EFSEC proposes to adopt Chapter 173-441 Washington Administrative Code (WAC) - Reporting of Emissions of Greenhouse Gases by reference into existing EFSEC rule, WAC 463-78 - General and Operating Permit Regulations for Air Pollution Sources, as WAC 463-78-005(5).

Engrossed Second Substitute House Bill 2815 was passed by the 2008 Legislature and amended by Substitute Senate Bill No. 6373, in 2010 as part of the Governor´┐Żs Climate Change Framework and is primarily codified in Chapters 70.94 and 70.235 RCW. One element of Chapters 70.94 and 70.235 RCW is a requirement for persons operating large stationary sources of greenhouse gases (GHGs) to begin reporting emissions.

The statute directs the Washington Department of Ecology (Ecology) and EFSEC to adopt consistent rules to implement a reporting system for those entities required to report. Ecology adopted Chapter 173-441 WAC on December 1, 2010, which became effective January 1, 2011. EFSEC proposes to adopt Ecology's rule by reference.

SEPA Checklist and Determination of Nonsignificance

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO:

Energy Facility Site Evaluation Council

PO Box 47250 Olympia, WA 98504-7250

efsec@utc.wa.gov

AND RECEIVED BY (Date) June 6, 2011


April 2009 - Alternative energy siting standards - proposal withdrawn

EFSEC has withdrawn its proposed rulemaking for alternative energy siting standards. There is no current plan to proceed with rulemaking on this subject. Withdrawal letter

January 2009 - Alternative energy siting standards

EFSEC has filed a Preproposal Statement of Inquiry (CR 101) for the development of construction and operation standards within Chapter 463-62 WAC for some alternative energy resources as defined in RCW 80.50.020(18). Initially EFSEC is looking at wind energy facilities.  Over the next few months EFSEC will be outlining a process and contacting stakeholders to discuss issues and ideas for rulemaking.

EFSEC contact person:

Stephen Posner
P.O. Box 47250
Olympia, WA 98504-7250
Phone: (360) 664-1903


Air Rules - Chapter 463-78 WAC

January 2009 - Amended rule effective on January 10, 2009.

December 2008 - Amended Chapter 463-78 WAC

On December 9, 2008, EFSEC adopted the amendment to Chapter 463-78 WAC and filed a CR 103 (Order of Adoption) with the Code Revisers Office. The amended rule will become effective on January 10, 2009.

September 2008 - Expedited Rulemaking Chapter 463-78 WAC (CR 105)

EFSEC intends to readopt (notice) by reference the latest version of the Department of Ecology's (Ecology) Chapter 173-400 - General Regulations for Air Pollution Sources. The only change to the EFSEC rule WAC 463-78-005(1) will be to change the date of adoption from March 1, 2005 to November 1, 2008. The effect of this date change will be that EFSEC will have adopted and may use the most recent version of Ecology's rule.

Adopting Ecology's most recent rules relating to the Prevention of Significant Deterioration (PSD) program will enable EFSEC to receive full delegation from the U. S. Environmental Protection Agency (EPA), for new major stationary sources and major modifications to major stationary sources located in attainment or unclassified areas in Washington. With full delegation of the PSD program, there will be no differences between the EFSEC and Ecology PSD programs and there will be reduced costs to new energy facilities, with elimination of the requirement that EPA co-sign the PSD permit.

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO

SEPA Checklist and Determination of Nonsignificance

Name: Stephen Posner, EFSEC Manager
Agency: Energy Facility Site Evaluation Council
Address: PO Box 47250, Olympia, WA 98504-7250

AND RECEIVED BY November 18, 2008

EFSEC contact person:
Stephen Posner
Phone: (360) 664-1930


March 2009 - Amendments to Chapters 463- 10, 43, 58, 60 and 62 WAC - Effective March 16, 2009

February 2009 - Amendments to Chapters 463- 10, 43, 58, 60 and 62 WAC - Adopted

At its February 10, 2009 meeting EFSEC adopted (CR 103) the proposed changes to these rules. The amended rules become effective on March 16, 2009.

December 2008 - Proposed Rulemaking Chapters 463- 10, 43, 58, 60 and 62 WAC

EFSEC has filed a Proposed Rulemaking Notice (CR 102) with the Code Revisers Office. The purpose of this proposed rulemaking is to correct and clarify rule language; correct citations and update add new sections within existing chapters of Title 463 WAC due to statute changes and previous adoption of rules. SEPA Determination of Nonsignificance and Environmental Checklist.

Public Rulemaking Hearing
2:30 p.m. - February 10, 2009
Energy Facility Site Evaluation Council
PO Box 47250
1300 S Evergreen Park Dr SW
Olympia, WA 98502-7250

Other written or emailed comments regarding the draft rule changes are due by 5:00 p.m. on February 9, 2009 at the address above or by email: efsec@utc.wa.gov. In the subject line please reference Rulemaking

Proposed rule changes are listed below:

Chapter Subject
  • Add a definition of alternative energy resources.
  • Revise to match 2006 law change.
  • 463-58 WAC - Fees for Charges for Independent Consultant Study, Regular and Expedited Application Processing, Determining Compliance and Potential Site Study.
  • Correct citation in section 070.
  • Clarify to whom payments are submitted in section 080(3) -
  • Add requirements for electrical transmission facility siting and compliance charges.
  • 463-60 WAC - Applications for Site Certification
  • Add application guidelines for petroleum thermal and baseload facilities for CO2 plans as outlined in Chapters 463- 80 WAC and greenhouse gas performance standards in Chapter 463-85 WAC.
  • Add application guidelines for electrical transmission facilities.
  • 463-62 WAC - Construction and Operations for Energy Facilities
  • Correct a citation in Section 010(1).

EFSEC contact person:

Stephen Posner
P.O. Box 47250
Olympia, WA 98504-7250
Phone: (360) 664-1903

September 2008 - Preproposal Statement of Inquiry Chapters 463-10, 43, 58, 60 and 62 WAC (CR 101)

EFSEC filed a Preproposal Statement of Inquiry (also called a CR-101) with the state's Code Reviser's Office for possible rulemaking to the chapters of Title 463 of the Washington Administrative Code (WAC) listed below. Following each chapter listing is a brief description of the rulemaking subject.

EFSEC is reviewing preliminary drafts of amended rules and will discuss these at their monthly meetings. An opportunity to comment on any changes to these rules will be available when EFSEC completes its drafting and issues the proposed rules for public comment (CR-102). At least one public hearing will be held and the proposed rule changes will be posted on this website and will be provided to interested parties upon request. A schedule has not yet been developed for issuance of a CR 102 or when a public hearing regarding the possible changes will be held.


August 2008 - Greenhouse Gas Report Rule Preproposal Statement of Inquiry (CR 101)

The Energy Facility Site Evaluation Council (EFSEC) is proposing to adopt a mandatory greenhouse gas reporting rule (notice) for owners or operators of facilities permitted by EFSEC.

E2SHB 2815, passed by the 2008 Legislature as part of the Governor's Climate Change Framework, includes additional actions to reduce emissions of greenhouse gases and build a clean energy economy. One element of this legislation is a requirement for large stationary sources of greenhouse gases to begin reporting emissions in 2010. The legislation directs EFSEC to adopt rules that are the same as the Department of Ecology who will be developing and implementing a reporting system for large mobile sources, and other source or combination of sources that emit at least 10,000 metric tons of greenhouse gases annually in the state.

EFSEC is working in cooperation with the Department of Ecology and interested persons should visit Ecology's web site regarding rulemaking activity for this subject.

EFSEC contact person:

Stephen Posner
P.O. Box 47250
Olympia, WA 98504-7250
Phone: (360) 664-1920


November 2008 - Electrical Transmission Facilities Final rule effective November 15, 2008

October 2008 - Electrical Transmission Facilities Final Rule Approved

EFSEC adopted (CR 103) the final rule Chapter 463-61 WAC on October 15th. The effective date of rule is November 15, 2008. An explanation of the rule and the Response to Comments is in the Concise Explanatory Statement.

August 2008 - Electrical Transmission Facilities Proposed Rule

EFSEC has issued for public comment the proposed Chapter 463-61 WAC Electrical Transmission Facilities.

The public comment hearing:

Comment period closed. Thank you for participating.

EFSEC intends to adopt this new chapter on October 14, 2008.

September 2007 - Electrical Transmission Facilities

EFSEC is undertaking rulemaking to adopt administrative procedures as a result of Substitute House Bill (SHB) 1037 passed during the 2007 legislative session. SHB 1037 gives EFSEC jurisdiction over electrical transmission facilities meeting certain criteria for nominal voltage and corridor location. EFSEC will modify existing rules and/or develop new rules that will provide procedures, process, or guidance for pre-application activities, application submittals, application review, and certification of electrical transmission facilities referenced in SHB 1037. (CR101) filed September 12, 2007.


June 2008 - Final Rules Adopted for CO2 Mitigation and Emission Performance Standards for Greenhouse Gases - Chapter 463-80 WAC

On June 24, 2008, EFSEC adopted Chapter 463-80 WAC that sets the procedure for carbon dioxide mitigation for thermal energy facilities and Chapter 463-85 WAC that implements the greenhouse gases emissions performance standard and enforcement for baseload electric generation. These rules become effective in late July.

EFSEC prepared a Concise Explanatory Statement that describes the rulemaking process, the difference in the final rules from the proposed rules, the comments received and the responses to those comments.

Concise Explanatory Statement
   - Appendix A
   - Appendix B
   - Appendix C
   - Appendix D
   - Appendix E
   - Appendix F

EFSEC adopted Chapter 463-85 WAC in cooperation with the Department of Ecology. Please see the Department of Ecology's web site for more rulemaking information on this activity.

February 2008 - CO2 Mitigation Chapters 463-80 WAC and Emission Performance Standards for Greenhouse Gases Chapter 463-85 WAC

On February 26, 2008, EFSEC submitted a notice of Proposed Rulemaking (CR-102) to the State Code Revisers Office. The CR-102 sets the dates for hearings and comment period for the proposed adoption of two new chapters to Title 463 WAC.

Proposed WAC 463-80 sets the procedure for calculating the carbon dioxide emissions from a fossil fuel-fired power facility under EFSEC jurisdiction and the options allowed for mitigation as set by RCW 80.70. The proposed rule sets how EFSEC will develop and maintain a list of Independent Qualified Organizations who could receive payment for implementing CO2 mitigation under RCW 80.70.

Proposed WAC 463-85 implements the greenhouse gases emissions performance standard and enforcement for baseload electric generation as directed in RCW 80.80. These rules are being adopted in parallel with the Department of Ecology's rule making for its carbon dioxide mitigation program for fossil-fueled thermal electric generating facilities also under RCW 80.80.

The public comment hearings:

Comment period closed. Thank you for participating.

EFSEC intends to adopt these new chapters on June 10, 2008.


October 2007 - Adoption of Regulatory Rules

On October 9, 2007 EFSEC adopted changes to Chapter 463-28 WAC State Preemption, Chapter 463-47 WAC SEPA Rules, and Chapter 463-66 WAC Amending, Transferring, or Terminating a Site Certification Agreement.

See the Concise Explanatory Statement for an explanation of this action.

These changes became effective on November 9, 2007. See the new codified chapters:


August 15, 2006 - Mercury Rules

February 2008: Rulemaking has been stopped due to recent federal court decision.

EFSEC has begun rulemaking to adopt requirements for mercury emissions from coal-fired power plants into Title 463 WAC. EPA adopted new federal Clean Air Mercury Rules (CAMR) in May 2005. These rules establish a national cap on mercury emissions and give each state a mercury budget. States may adopt the federal rules or they may adopt rules that are more stringent. The rulemaking will establish Washington State requirements in place of the federal rule. This rulemaking will establish a system to distribute allocated mercury emission credits in Washington State, and will determine when emissions trading will and will not be allowed in Washington.

EPA has assigned each state a mercury emissions budget, and each state must submit a State plan detailing how it will meet its budget for reducing mercury from coal-fired power plants. Two avenues are possible:

  • The state can adhere to a national cap and trade program by adopting the model trading rule (40 CFR 60, Subpart HHHH) in state regulations, or they may adopt regulations that mirror the necessary components of the model trading rule.
  • The state can implement its own mercury program to control mercury emissions. If the state does not join the national trading program, the State budget is implemented as a cap. States can implement mercury reductions more stringent than those required by the CAMR.

The CAMR also implements new source performance standards and monitoring requirements that apply regardless of the state's decision above.

This rulemaking will also replace EFSEC's current adoption of WAC 173-406 Acid Rain Program Requirements with adoption of the federal requirements for the Acid Rain Program by reference. This rule may also adopt by reference requirements for new coal fired electrical generating units under the NSPS program, with adoption of more stringent requirements being considered.

EFSEC is coordinating this rulemaking directly with Ecology, so that the rules represent the Washington State approach to regulating mercury emissions from existing and future coal-fired electrical generating plants.

EFSEC's Notice of Rulemaking - CR 101 Mercury Rule

For additional information visit Ecology's Mercury Rules website: http://www.ecy.wa.gov/laws-rules/activity/wac173406.html


2006 Rule Making - Chapter 463-78 WAC General and Operating Permit Regulations for Air Pollution Sources

To insure standardization and consistency with state and federal regulations, the changes to Chapter 463-78 implements the updated applicable state and federal laws and rules.

Changes to WAC 463-78 became effective on March 26, 2006.


2004 - Standards Rulemaking

Starting in 2002 and continuing through 2004, the Council developed new rules for the purpose of setting standards for siting new natural gas-fired combustion turbine electrical generation facilities. In addition the Council reviewed and revised many of its existing rules. The new and revised rules became effective November 11, 2004.

Standards Development Key Documents:

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