WAC 173-406-604   Issuance of acid rain permits.  (1) Proposed permit. After the close of the public comment period and within eighteen months of receipt of a complete application, the permitting authority will incorporate all necessary changes and issue or deny a proposed acid rain permit.

     (2) The permitting authority will submit the proposed acid rain permit or denial of a proposed acid rain permit to the administrator in accordance with WAC 173-401-810 and 173-401-820, the provisions of which shall be treated as applying to the issuance or denial of a proposed acid rain permit.

     (3)(a) Following the administrator's review of the proposed acid rain permit or denial of a proposed acid rain permit, the permitting authority will incorporate any required changes and issue, or deny the acid rain permit in accordance with WAC 173-406-500.

     (b) No acid rain permit (including a draft or proposed permit) shall be issued unless the administrator has received a certificate of representation for the designated representative of the source as provided in WAC 173-406-201 in accordance with subpart B of 40 CFR part 72.

     (4) Permit issuance deadline and effective date.

     (a) On or before December 31, 1997, the permitting authority will issue an acid rain permit to each affected source whose designated representative submitted a timely and complete acid rain permit application by January 1, 1996, in accordance with WAC 173-406-201 and meets the requirements of WAC 173-406-600 and chapter 173-401 WAC.

     (b) Nitrogen oxides. Not later than January 1, 1999, the permitting authority will reopen the acid rain permit to add the Acid Rain Program nitrogen oxides requirements; provided that the designated representative of the affected source submitted a timely and complete acid rain permit application for nitrogen oxides in accordance with WAC 173-406-201. Such reopening shall not affect the term of the acid rain portion of an operating permit.

     (c) Each acid rain permit issued in accordance with (a) of this subsection shall take effect by the later of January 1, 2000, or, where the permit governs a unit under WAC 173-406-103 (1)(c), the deadline for monitor certification under 40 CFR part 75.

     (d) Each acid rain permit shall have a term of five years commencing on its effective date, except to the extent provided under 40 CFR part 72 that the initial issuance may have a shorter period in order to provide coordination with chapter 173-401 WAC permit requirements.

     (e) An acid rain permit shall be binding on any new owner or operator or designated representative of any source or unit governed by the permit.

     (5)(a) Each acid rain permit shall contain all applicable acid rain requirements, shall be a portion of the operating permit that is complete and segregable from all other air quality requirements, and shall not incorporate information contained in any other documents, other than documents that are readily available.

     (b) Invalidation of the acid rain portion of an operating permit shall not affect the continuing validity of the rest of the operating permit, nor shall invalidation of any other portion of the operating permit affect the continuing validity of the acid rain portion of the permit.



[Statutory Authority: Chapter 70.94 RCW. 94-23-127 (Order 94-23), § 173-406-604, filed 11/23/94, effective 12/24/94.]