Laws, Rules and Policies
Chapter 80.50 of the Revised Code of Washington (RCW) are the laws which the Energy Facility Site Evaluation Council must follow in siting and regulating major energy facilities. Title 463 of the Washington Administrative Code (WAC) are the regulations by which the Energy Facility Site Evaluation Council functions under state and federal law. Chapters 80.70 and 80.80 RCW also apply to some energy facilities under EFSEC jurisdiction.
Laws
Energy Facilities - Site Location: Chapter 80.50 RCW Carbon Dioxide Mitigation: Chapter 80.70 RCW Greenhouse Gas Emissions: Chapter 80.80 RCW
Rules
Air Rule 463-78 update:
EFSEC is accepting public comment June 3, 2020 through July 20, 2020 for the revision of WAC 463-78 – General and operating permit regulations for air pollution sources. The purpose of the proposed rule revisions are to be consistent with Ecology and EPA rules and to ensure that EFSEC issued permits are in line with current EPA and Ecology regulations. Additionally, the Washington Air Quality State Implementation Plan (SIP) is pending update, and requires that EFSEC’s rules be updated to move forward. Because EFSEC would be adopting by reference rules that have already been through public comment via the department of Ecology’s rule making process, this update to EFSEC rules qualifies for the expedited process.
Documents:
- Notice
- CR-105
- WAC 463-78 revisions
Please submit your comment by visiting our public comment campaign website.
Policies
General policies and 2018 Strategic and Policy Review documents can be viewed below.
Policies
| Document Title | Document Date | |
|---|---|---|
| Policy 15-01 Enforcement Guidance | 08/18/2015 | |
| Policy 15-01 Gravity Criteria Scoring Sheet | 08/18/2015 | |
| Policy 15-1 Gravity Criteria Notes | 08/15/2015 | |
| Policy 16-01 Delegation Authority | 03/04/2016 |
2018 Strategic and Policy Review
| Document Title | Document Date | |
|---|---|---|
| 2018 Strategic and Policy Plan Cover Letter | 03/28/2019 | |
| 2018 Strategic and Policy Review | 03/28/2019 | |
| Thank you letter from Governor Inslee | 09/19/2019 |
SMM SIP Partial Withdrawal
EFSEC has submitted a partial withdrawal of the Washington SSM SIP (Startup, Shutdown, and Malfunction of the State Implementation Plan) to be consistent with the partial withdrawal notice the Department of Ecology (DOE) submitted to the EPA. EFSEC submitted this partial withdrawal to DOE and is coordinating with the EPA.
SMM SIP Partial Withdrawal
| Document Title | Document Date | |
|---|---|---|
| EFSEC SIP Withdrawal Notice | 07/30/2024 | |
| Letter from EFSEC to DOE regarding SIP Withdrawal Notice | 07/30/2024 |
CHAPTER 80.50 REVISED CODE OF WASHINGTON ENERGY FACILITIES--SITE LOCATIONS
- 80.50.010 Legislative finding--Policy--Intent.
- 80.50.020 Definitions.
- 80.50.030 Energy facility Site Evaluation Council--Created--Membership--Support.
- 80.50.040 Energy facility Site Evaluation Council--Powers enumerated.
- 80.50.045 Recommendations to secretary, federal energy regulatory commission -- Siting electrical transmission corridors -- Council designated as state authority for siting transmission facilities
- 80.50.060 Energy facilities to which chapter applies--Applications for certification-- Forms--Information.
- 80.50.071 Council to receive applications--Fees or charges for application processing or certification monitoring.
- 80.50.075 Expedited processing of applications.
- 80.50.080 Counsel for the environment.
- 80.50.085 Counsel staff to assist applicants, make recommendations.
- 80.50.090 Public hearings.
- 80.50.100 Recommendations to governor--Approval or rejection of certification-- Reconsideration.
- 80.50.105 Transmission facilities for petroleum products--Recommendations to governor.
- 80.50.110 Chapter governs and supersedes other law or regulations--Preemption of regulation and certification by state.
- 80.50.120 Effect of certification.
- 80.50.130 Revocation or suspension of certification--Grounds.
- 80.50.140 Review.
- 80.50.150 Enforcement of compliance--Penalties.
- 80.50.155 Additional Penalties--Appeal Procedures
- 80.50.160 Availability of information.
- 80.50.175 Study of potential sites--Fee--Disposition of payments.
- 80.50.180 Proposals and actions by other state agencies and local political subdivisions pertaining to energy facilities exempt from "detailed statement" required by RCW 43.21C.030.
- 80.50.190 Disposition of receipts from applicants.
- 80.50.300 Unfinished nuclear power projects--Transfer of all or a portion of a site to a political subdivision or subdivisions of the state--Water rights.
- 80.50.310 Council actions--Exemption from chapter 43.21C RCW.
- 80.50.320 Governor to evaluate council efficiency, make recommendations.
- 80.50.330 Preapplication -- Siting electrical transmission facilities -- Corridors.
- 80.50.340 Preapplication -- Fees -- Plans.
- 80.50.350 National interest electric transmission corridors task force -- Duties -- Recommendations.
- 80.50.900 Severability--1970 ex.s. c 45.
- 80.50.901 Severability--1974 ex.s. c 110.
- 80.50.902 Severability--1977 ex.s. c 371.
- 80.50.903 Severability--1996 c 4.
- 80.50.904 Effective date--1996 c 4
TITLE 463 WASHINGTON ADMINISTRATIVE CODE
NOTE: Listed below are the rules that are in effect as of November 2015.
- 463-06 Agency operations and public records.
- 463-10 Definitions.
- 463-14 Policy and interpretation.
- 463-18 Council meetings and proceedings.
- 463-22 Potential site studies.
- 463-26 Public informational meeting and land use hearing.
- 463-28 State preemption.
- 463-30 Adjudicative proceedings.
- 463-34 Petitions for rule making and declaratory orders.
- 463-43 Expedited processing.
- 463-47 SEPA rules.
- 463-50 Independent consultants.
- 463-58 Charges for independent consultant study, regular and expedited application processing, determining compliance and potential site study.
- 463-60 Applications for site certification.
- 463-61 Electrical transmission facilities.
- 463-62 Construction and operation standards for energy facilities.
- 463-64 Issuance of a site certification agreement.
- 463-66 Amending, transferring, or terminating a site certification agreement.
- 463-68 Site certification agreement-Start of construction, expiration, and reporting.
- 463-70 Certification compliance monitoring and enforcement.
- 463-72 Site restoration and preservation.
- 463-74 Dangerous wastes.
- 463-76 Regulations for compliance with NPDES permit program.
- 463-78 General and operating permit regulations for air pollution sources.
- 463-80 Carbon dioxide mitigation program for thermal electric generating facilities.
- 463-85 Greenhouse gases emissions performance standard and sequestration plans and programs for baseload electric generating facilities.
- Disposition of Chapters Formerly Codified in this Title.