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1. Washington Administrative Code (WAC) 173-435-040: Source Emission Reduction Plans
The following is the full text of Washington Administrative Code (WAC) 173-435-040, Source Emission Reduction Plans, reproduced here as part of Citizens for Safe Water and Air - Port Townsend's ongoing research into the regulatory framework that governs major air pollution sources such as Port Townsend Paper Company (PTPC).
(1) Any person responsible for the operation of a major source, when requested in writing by the director, shall prepare, in consultation with the department, a Source Emission Reduction Plan (SERP). This Source Emission Reduction Plan (SERP) shall be consistent with good industrial practice and safe operating procedures for reducing the emissions of air contaminants into the ambient air during periods of air pollution alert, warning, and emergency.
(2) Source Emission Reduction Plans (SERPs) shall be in writing and shall show the source of air contamination, describe the manner in which the reduction of air contaminant emissions will be achieved during periods of air pollution alert, warning, and emergency, and give the amount of reduction for each stage.
(3) During periods of air pollution alert, warning, or emergency, Source Emission Reduction Plans (SERPs) shall be made available, on the premises of sources required under this section to have them, to any person authorized to enforce the provisions of this episode avoidance plan.
(4) Source Emission Reduction Plans (SERPs) shall be submitted to the director within 30 days after receipt of a request thereof.
(5) Source Emission Reduction Plans (SERPs) shall be reviewed and approved by the director. If, in the opinion of the director, a Source Emission Reduction Plan (SERP) does not, in whole or in part, provide for satisfactory emission reduction during an episode, the director may disapprove such Source Emission Reduction Plan (SERP), give the reason for disapproval, and require the resubmittal of same within a specified time period. If within the time period specified, the person responsible fails to submit a Source Emission Reduction Plan (SERP) satisfactory to the director, the director may revise the Source Emission Reduction Plan (SERP) to cause it to meet episode avoidance objectives.
This revised plan will then be the Source Emission Reduction Plan (SERP) for the source to which it applies.
(6) Source Emission Reduction Plans (SERPs) may be amended after submission to the director of a revised Source Emission Reduction Plan (SERP). This revised Source Emission Reduction Plan (SERP) will be processed in the same manner as the originally submitted Source Emission Reduction Plan (SERP).
(7) An emission reduction plan for the purpose of reducing motor vehicle emissions during episode stages will be developed or approved by the department. These plans may include actions to be taken by other governmental units, citizens, and businesses.
Statutory Authority: Chapters 70.94 and 43.21A Revised Code of Washington (RCW). Washington State Register (WSR) 89-02-055 (Order 88-39), Section 173-435-040, filed 1/3/89; Order DE 77-21, Section 173-435-040, filed 10/31/77. Certified on 2/20/2023.
Sources and Citations
All factual claims in this document are drawn from the following sources, verified during research for this document.
- Washington State Legislature: Washington Administrative Code (WAC) 173-435-040, Source Emission Reduction Plans, certified February 20, 2023. Statutory authority: Chapters 70.94 and 43.21A Revised Code of Washington (RCW); Washington State Register (WSR) 89-02-055 (Order 88-39), filed January 3, 1989; Order DE 77-21, filed October 31, 1977.