ML23151A462

PR-050 - 52FR08075 - Commission Policy Statement on Deferred Plants

ML23151A462
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Issue date:	03/16/1987
From:	Hoyle J NRC/SECY
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PR-050, 52FR08075
Download: ML23151A462 (1)

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DOCUMENT DATE:

TITLE:

I J

CASE

REFERENCE:

KEYWORD:

ADAMS Template: SECY-067 03/16/1987

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PR-050 - 52FR08075 - COMMISSION POLICY STATEMENT ON DEFERRED PLANTS PR-050 52FR08075 RULEMAKING COMMENTS Document Sensitivity: Non-sensitive - SUNSI Review Complete *

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PAGE 1 OF 2 STATUS OF RULEMAKING RECORD 1 OF PROPOSED RULE:

PR-050 RULE NAME:

COMMISSION POLICY STATEMENT ON DEFERRED PLANTS PROPOSED RULE FED REG CITE:

52FR08075 PROPOSED RULE PUBLICATION DATE:

03/16/87 ORIGINAL DATE FOR COMMENTS: 04/15/87 NUMBER OF COMMENTS:

EXTENSION DATE:

I

• I 6

1 FINAL RULE FED. REG. CITE: 52FR38077 FINAL RULE PUBLICATION DATE: 10/14/87 NOTES ON: APPROVED BY A 4~0 VOTE (SRM-M870917)

TATUS

FILE LOCATED IN P-1.

RULE:

PRESS PAGE DOWN OR ENTER TO SEE RULE HISTORY OR STAFF CONTACT PRESS ESC TO SEE ADDITIONAL RULES, (E) TO EDIT OR (S) TO STOP DISPLAY PAGE 2 OF 2 HISTORY OF THE RULE PART AFFECTED: PR-050 RULE TITLE:

COMMISSION POLICY STATEMENT ON DEFERRED PLANTS

-ROPOSED RULE

, SECY PAPER: 86-359 PROPOSED RULE DATE PROPOSED RULE SRM DATE:

02/11/87 SIGNED BY SECRETARY:

03/11/87 FINAL RULE FINAL RULE DATE FINAL RULE SECY PAPER: 87-212 SRM DATE:

09/24/87 SIGNED BY SECRETARY:

10/07/87 STAFF CONTACTS ON THE RULE CONTACT!: THEODORE S. MICHAELS MAIL STOP:

DOCKET NO. PR-050 (52FR08075)

In the Matter of COMMISSION POLICY STATEMENT ON DEFERRED PLANTS DATE DATE OF TITLE OR DOCKETED DOCUMENT DESCRIPTION OF DOCUMENT 04/14/87 04/14/87 COMMENT OF WASHINGTON STATE ENERGY FACILITY COUNCIL 04/15/87 04/15/87 04/17 /87 04/15/87 04/20/87 04/20/87 04/24/87 04/21/87 05/14/87 05/11/87 10/08/87 10/07/87 11/06/87 10/28/87 (CURTIS ESCHELS, CHAIRMAN) (

1)

COMMENT OF USCG AND KMC, INC. (PETER F. RIEHM) (

2)

COMMENT OF AIF AD HOC GROUP ON REACTIVATION ETC.

(G.K.DYEKMAN, CHAIRMAN) (

3)

COMMENT OF MARVIN I. LEWIS (

4)

COMMENT OF WASHINGTON PUBLIC POWER SUPPLY SYSTEM (G.C. SORENSEN) (

5)

COMMENT OF CONSUMERS POWER COMPANY (KENNETH W. BERRY) (

6)

FEDERAL REGISTER NOTICE - FINAL POLICY STATEMENT LTR WASHINGTON PUBLIC POWER SUPPLY SYSTEM (SORENSEN) RE WPPSS RELY TO COMMENTS ON DEFERRED PLANT POLICY STATEMENT

DOCl{ET NUMBER

~~ PROPOSED RULE PR -57)

_,_. ( §t£ F£ S7tJ75 ) -

WASHINGTON PUBLIC POWER SUPPLY SYSTEM DOC:_KETEO P.O. Box 968

• 3000 George Washington Way

• Richland, Washington 99352 October 28, 1987 Secretary U.S. Nuclear Regulatory Commi ssion Washington, D. C.

20555 Gentlemen:

Subject:

WASHINGTON PUBLIC POWER SUPPLY SYSTEM REPLY TO COMMENTS ON DEFERRED PLANT POLICY STATEMENT OFFICE Of St CR£ TA11 'f DOCKETING & SEfl\\iiC[

BRANC~

The purpose of this letter is to respond, for the record, to comments related to Supply System projects made in the Deferred Plant Policy Statement proceeding.

Mr. Marvin Lewis, in his comment letter on the Deferred Plant Policy Statement made the unsupported statement that 11 (d)angerous conditions were discovered during the construction of Marble Hi 11, Zimmer and the canceled WP PSS reactors.

The construction continued even though whistleblowers provided information which showed that the reactors could experience a major accident.

11 With regard to the canceled plants which were being constructed by the Washington Public Power Supply System (WPPSS), the statements of Mr. Lewis are totally false and without basis.

The plants (WNP-4 and WNP-5) were canceled only because of a lack of need for power and unavailability of financing.

There were no claims by whistleblowers of dangerous conditions or poor quality.

At Page 3 of his letter, Mr. Lewis further states that:

11 *** many deferred and canceled reactors would use this route to bury their problems such as:

A.

... ; B. WP PSS had innumerable construction difficulties; C....

11

U.S. NRC Reply to Comments on Deferred Plants Page 2 Again, with respect to the Supply System plants, the statements are unfounded.

There is no evidence of "innumerable construction difficulties" as claimed by Mr.

Lewis.

Obviously, as with any project of this magnitude, there were construction difficulties.

However, these were identified and proper corrective actions taken or recorded for future action.

Difficulties in construction certainly do not translate directly to unsafe conditions.

As the Commission is aware, the Supply System has prepared, and the NRC has reviewed and approved, preservation plans for our deferred plants.

Actions taken under the preservation plan will assure the integrity of plant records as well as equipment and structures.

Very truly yo rs, Ac

~~

/ G~

C.

rensen, Manager Regulatory Programs cc:

NS Reynolds/BCP&R

DOCKET NUMBER R PROPOSED RULE

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• a7 OCT -8 P 2 :29 NUCLEAR REGULATORY COMM I ss ION r:r-rrc:: Gi ~:: 1,..I :-,\\F.,,

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~.;-:..-,:,(._ i COMMISSION POLICY STATEMENT ON DEFERRED PLANTS AGENCY:

Nuclear Regulatory Commission.

ACTION:

Final policy statement.

SUMMARY

This statement presents the policy of the Nuclear Regulatory Commission (NRC ) with regard to the procedures that apply to nuclear power plants while in a deferred status and when they are being reactivated.

The regulations and guidance applicable to deferred and terminated plants; maintenance, preservation, and documentation requirements; and the applicability of new regulatory requirements and other general administra-tive considerations are addressed.

EFFECTIVE DATE:

November 13, 1987 FOR FURTHER INFOR~.ATION CONTACT:

Theodore S. Michaels, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, D.C.

20555, Telephone (301) 492-8251.

SUPPLEMENT.A.RY INFORMATION:

• 7590-01 I.

BACKGROUND On March 16, 1987, the Commission published a proposed policy statement on deferred plants in the Federal Register for a 30-day comment period (52 FR 8075).

Five commenters offered a total of nine comments on the proposed policy statement. The Commission has modified the policy statement in Section III of this notice in response to Comment B(l) in Section II below.

In addition, some minor editorial changes were made.

II.

RESPONSE TO PUBLIC COMMENTS ON THE PROPOSED POLICY STATEMENT A.

KMC, Inc.

Summary of Comment.

KMC, Inc. and the Utility Safety Classification Group recommended that the t.erm II safety-rel ated 11 be substituted for the term "important to safety" in Sections III.B.2.a and III.B.2.b because there is not yet a clear definition of the latter term

• Commission Response.

The Commission rejects this suggestion. The term "safety-related" is a subset of the term "important to safety." Safety-related is more precisely defined at this time because licensees provide a list of structures, systems, and components that come within its scope.

However, there is sufficient Commission guidance regarding the term "important to safety" to warrcnt its use without causing confusion.

For example, the ColTITiission has indicated that while there is not "a predefined class of equipment at every plant whose functions have been determined by rule to be 'important to safety,'.** whether any piece of equipment has a function 7590-01

'important to safety' is to be determined on the basis of a particularized showing of clearly identified safety concerns **., and the requirements of

• • • GDC 1 must be tailored to the identified safety concerns.

11 Long Island Lighting Company (Shoreham Nuclear Power Station, Unit 1), CLI-84-9, 19 NRC 1323, 1325 (1984); see also Shoreham, ALAB-788, 20 NRC 1102, 1115-1119 (1984).

In the context of this policy statement, it is expected that a utility, planning to maintain its reactivation option or transfer of ownership to others, will identify any structures, systems, and components (SSC) which are important to safety and establish appropriate maintenance, preservation, and documentation (MPD) for these SSC.

If a utility determines, based on an analysis of cost-effectiveness, to develop MPD only for safety-related SSC, it must recognize the possibili,ty that SSC for which adequate MPD were not developed may have to be replaced if and when reactivation or transfer of ownership takes place.

The NRC does not want to limit its application of MPD requirements to safety-related SSC because that could allow other SSC', which are important to safety, to be placed into service without proper MPD.

B.

Washington Public Power Supply System {WPPSS) r Sumn@ry of Comments.

WPPSS submitted the following three comments:

(1) The cormnenter recommended that the requirement in _Section III.A.6.e (incorrectly referred to by the co1TJT1enter as 6.c) be amended. This item 7590-01 requires that a listing of any new applicable regulatory requirements that are made effective during the deferral period be submitted with a descrip-tion of the licensee's proposed plans for compliance with these requirements.

The conmenter suggests that this presumes a sufficient level of engineering activity during the deferral period to develop such plans. Stnce this might not be the case, the commenter asks that the requirement be changed to permit a co111T1itment to submit this information at a specific later date.

Commission Response.

This change has been made~

However, it should be noted that this information should be sullnitted at the time of reactivation notification, or as soon thereafter as possible, since the lack of this information could impact the review schedule.

(2) The commenter recommended that the requirement in Section III.A.6 to notify the NRC at least 120 days before construction resumes be changed to "at least 120 days before construction is expected to resume or as soon as possible after a reactivation decision has been reached." This would permit some construction activities to get under way earlier.

Commission Response.

The 120-day advance notification is the minimtnn period required to evaluate the licensee's submittal to determine the acceptability of reactivation. Any request by the licensee to resume selected non-safety-related activities sooner than 120 days will be con-

. sidered at the time of the request.

(3) This comment refers to Section III.A.6.1, which requires an dmendment to the Final Safety Analysis Report (FSAR), as applicable and necessary, 7590-01 discussing the bases for all substantive site and design changes made since the last amendment.

The comnenter states that, in its specific case. such an amendment would not be available at the time of initial notification.

The convnenter believes that since no substantive site and design changes will be made during deferral, an FSAR amendment would not be needed at that time.

Corrmission Response.

The amendment is required only if there are substantive changes. If there are none, no amendment is necessary. Therefore, the commenter 1s concern is satisfied by the text in the proposed policy state-ment.

C.

The State of Washington Energy Facility Site Evaluation Council Su11111ary of Convnents.

The following three comments were made:

(1) The commenter suggested that the policy clearly state, early on, that it applies only to facilities deferred or terminated during construction.

ColliTlission Response.

The intent of the policy statement is made clear throughout the document.

Deferral and termination refer to construction, not operation.

No further clarification is needed.

(2) The commenter expressed concern that the definition of a terminated plant might cause confusion because it requires a valid construction pennit, whereas the only authorized activity is site restoration.

6 -

7590-01 Co11111ission Response.

The reference to a valid construction permit in the definition for a tenninated plant is not a requirement; it merely identifies the status of a plant that fits the definition. A plant is considered to be in terminated status only from the time the licensee has announced that construction has been pennanently stopped until the construction permit is fonnally withdrawn by the NRC.

The licensee of a deferred plant, on the other hand, retains the construction pennit because construction has only been deferred, not tenninated.

(3) The c0111T1enter suggested that the Commission might wish to address circum-stances of abandonment and cessation of operation, which the cormnenter had recently adopted in its rules.

Commission Response. These areas go beyond the intended scope and purpose of the subject policy statement. These matters are being addressed in the Commission's dec011111issioning rulemaking.

D.

Marvin Lewis Summary of Conment.

The commenter suggested that deferral or cancellation often provides a. cover for inadequate quality or other very dangerous conditions and that the NRC must handle resumption of construction "sternly" and with "extreme prejudice," requiring that all the latest safety require-ments be met.

7590-01 C01THT1ission Response.

The proposed policy statement stresses clearly and repeatedly that deferral, tennination, and reactivation will be subject to all applicable current regulatfons, standards, policies, and guidance.

No further clarification is needed.

E.

Atomic Industrial Forum Surmiary of ConJTient.

The c01JK11enter supported the proposed policy statement and did not suggest changes to its text.

Commission Response.

None required *

• III.

POLICY STATEMENT This policy guidance outlines (1) the NRC's regulatory provisions for deferring and preserving a deferred nuclear power plant until such time as it may be reactivated and (2) the applicability of new regulatory staff posi-tions to a deferred plant when it is reac~ivated. Moreover, because of the possibility that the plant and/or its equipment may be sold to another utility, some general guidance with regard to termi~ated plants is presented.

The following definitions apply to this policy guidance:

"Deferred plant" means a nuclear power plant at which the licensee has ceased construction or reduced activity to a maintenance level, maintains the construction permi-t (CP) in effect, and has_ not announced tennination of the plant.

"Tenninated plant" means a nuclear power plant at which the licensee has announced that construction has been pemanently stooped, but which still has a valid CP

• A.

Deferred Plant The following areas should be addressed by the licensee and the NRC when a plant is deferred:

• 1.

Notification of Plant Deferral

3.

The licensee should 1nfonn the Director of Nuclear Reactor Regulation (NRR) when a plant is to be deferred within 30 days of the decision to defer. Information to be made available should include the reason for deferral, the expected plant reactivation date (if known), whether a CP extension request will be submitted, and the plans for fulfilling the requirements of the CP, including the maintenance, preservation, and documentation requirements as outlined in Section III.A.3 of this policy statement.

Extension of Contruction Pennit The licensee must ensure that its CP does not expire. Title 10 of the Code of Federal Regulations, Section 2.109 (10 CFR 2.109),

11Effect of Timely Renewal Application, 11 provides that, if a request for -renewal of a license is made 30 days before the expiration date, the license will not be deemed to have expired until the applic~tion has been finally processed.

Extension of the completion date for a CP will be considered in accordance with 10 CFR 50.55(b).

Maintenance, Preservation, and Documentation of Equipment The NRC requirements for verification of construction status, retention and protection of records, and maintenance and preservation of equipment and materials are applied through:

10 CFR 50.54(a),

11Conditions of Licenses," and 10 CFR 50.SS(f), "Conditions of Construction Permits,"

which require that a quality assurance program be implemented; 10 CFR Part 50, Appendix B, which requires that all activities perfonned to establish, maintain, and verify the quality of plant construction be

• addressed fn the licensee 1s quality assurance program; 10 CFR Part 50, Appendices A and B, which require that certain quality records be retained for the life of the plant; 10,FR 50.55(e), which requires reporting of deficiencies in design, construction, quality assurance, etc.; 10 CFR 50.71, which applies to the maintenance of records; and 10 CFR Part 21, which applies to reporting of qefects ~nd noncompliance.

Those NRC regulatory guides that endorse the ANSI N45.2 series of standards, 11Quality Assurance Requirements for Nuclear Power Plants, 11 also are applicable and include Regulatory Guides 1.2s; 1.37, 1.38, 1.58, 1.88, and 1.116. Of particular importance is the guidance on packaging, shipping, receiving, storing, and handling of equipment as well as on collecting, storing, and maintaining quality control documentation.

The maintenance, preservation, and documentation requirements outlined above apply to plants under construction.

The licensee may choose to modify existing commitme'nts during extended construction delays by developing a quality assurance plan that is cormnensurate with the expected activities and expected (or potential) length of delay.

The licensee should discuss with the NRC the expected construction delay period and the quality assurance program to be imple-mented during the deferral. The program should include a description of the planned activities; organizational responsibilities and procedural controls that apply to the verification of construction status, mainte-nance, and preservation of equipment and materials; and retention and protection of quality assurance records.

The program will be reviewed and approved by the NRC in accordance with 10 CFR 50.54(a)(3), 10 CFR Part 50, Appendix B, and inspection procedures, as appropriate.

Implementation of the program will be examined periodically to determine licensee compliance with cOOJ11itments and overall program effectiveness.

4.

Conduct of Review During Deferral When a plant is deferred, the staff will normally bring all ongoing post-GP and operating license (OL) reviews and associated documentation to an appropriate tennination point. Nonnally, new reviews will not be initiated. If the review has progressed sufficiently, a safety evalua-tion report (SER) will be issued, which assembles and discusses the status of the completed work and lists all outstanding open items. Subject to availability of resources, the staff might perform specific technical reviews or complete SER supplements.

5.

Applicability of New Regulatory Requirements During Deferral Deferred plants of custom or standard design will be considered in the same manner as plants still under construction with respect to applica-bility of new regulations, guidance, and policies. Proposed plant-specific backfits of new regulatory staff positions promulgated while a plant is deferred will be considered in accordance with the CQ1T111ission backfit criteria. Other modifications to previously accepted staff positions will be implemented either through rulemaking or generic issue resolution, which themselves are subject to the backfit rule. Regula-tions that have integral update provisions built into them will be applied to deferred plants, as they are to other plants under construction, without the use of the backfit rule.

Provisions in other polic¥ statements that are applicable to plants

• under construction also will have to be implemented.

Any resulting backfit reconmendations will have to be supported in accordance with 10 CFR 50.109. Appeals procedures applicable to plant-specific backfits would be applicable to deferred plants. Appeals filed by a licensee during plant deferral will be considered and processed by the NRC while a plant is in a deferred status.

6.

Infonnation to be Submitted by Licensee When Reactivating The licensee should submit a letter to the Director of NRR at least 120 days before plant construction is expected to resume.

The letter should include the following information, to the extent that the information has not been submitted to the staff during the deferral period:

a.

The proposed date for resuming construction, a schedule for completion of the construction, and a schedule for submitta1 o~ an ORerating license application, including a final safety analysis report (FSAR),

if one has not already been suhmitted.

b.

The current status of the plant site and equipment.

c.

A description of how any conditions established by the NRC during the deferral have been fulfilled.

d.

A list of licensing issues that were outstanding at the time of the deferral and a description of the resolution or proposed resolution of these issues.

e.

A listing of any new regulatory requirements applicable to the plant that have become effective since plant construction was deferred, together with a description of the licensee's prooosed plans for compliance with these requirements or a c011111itment to submit such plans by a specified date.

f.

A description of the management and organization responsible for construction of the plant.

g.

A description of all substantive changes made to the plant design or site since the CP was issued (for those plants for which an OL application has not been submitted).

h.

Identiflcation of any additional required information that is riot

/ available at the time of reactivation and a corrmitment to submit this information at a specific later date.

i.

As necessary, an amendment to the OL application (revised FSAR} and a discussion of the bases for all substantive site and design changes that have been made since the last FSAR revision was submitted (for those plants which were already under OL review at the time of deferral).

7.

Staff Actions When Notified of Reactivation The acceptability of structures, systems, and components important to safety (10 CFR Part 50, Appendix A, General Design Criterion 1} upon reactivation from deferred. status will be determined by the NRC on the following bases:

a.

Reviews of the approved preservation and maintenance program, as implemented, in order to determine whether or not any structures, systems, or components require special NRC attention during reactivation.

b.

Verification that design changes, modifications, and required corrective actions have been implemented and documented in accordance with established quality control requirements.

c.

The results of any licensee or NRC baseline _inspections that indi.-

cate quality and performance requirements have not been significantly reduced below those originally specified in the FSAR.

Structures, systems, and components that fail to meet the acceptability criteria or will not meet current NRC requirements will be dealt with on a case-by-case basis.

B.

Terminated Plant

1.

Plant Termination A licensee should inform the Director of ~IRR when a plant is placed in a terminated status.

In the event that withdrawal of a CP is sought, the permit holder should provide notice to the NRC staff sufficiently far in advance of the expiration of the CP to permit the staff to determine appropriate tenns and conditions. If necessary, a brief extension of the CP may be ordered by the staff to accoomodate these determinations. Until withdrawal of the CP is authorized, a pennit holder must adhere to the Conmission's regulations and the terms of the CP and should submit suitable plans for the,

termination of site activities, including redress, as provided for under 10 CFR 51.41, for staff approval. Moreover, if the plant has

• been completed to a point that it can function as a utilization

)

facility, the licensee must take all necessary actions to ensure that the facility is no longer a facility for which an NRC license is requ:ired.

2.

Measures that Sho*uld be Considered for Reactivation or Transfer of Ownership of Tenninated Plants The licensee of a terminated nuclear plant, if plannfng to maintain the option of plant reactivation or transfer of ownership to others -- either totally or in part -- should consider the following actions~

a.

For the removal and transfer of ownership of plant components and systems i~portant to safety,_make necessary provisions to maintain, collect, and transfer to the new owner appropriate perfonnance and material docu~ntation attesting to the quality of the components and systems that will be required of the new owner ff intended for use in NRG-licensed facilities *

b.

Develop and implement a preservation and maintenance program for structures, ~ystems, and components important to safety, as well as documentation substantially in accordance with Section III.A.3 of this policy statement. If these provisions are implemented throughout the period of termination, a tenninated plant m~y be reactivated under the same provisions as a deferred plant.

• These licensees also llllSt assure that any necessary extensions of the CP are requested in a timely manner.

Dated at Washington, D.C. this7r!,. day of Q.~1987.

the Nuclear. Regulatory Comniss1on

• J AGENCY:

ACTION:

SUMMARY

NUCLEAR REGULATORY COMMISSION

[7590-01]

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USNRC 10 CFR Part 50

• 57 MAR 12 P 2 : 18 Commission Policy Statement on Deferred Plants*

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Nuclear Regulatory Commission.

Proposed Policy Statement.

This Statement presents the proposed policy of the Nuclear Regulatory Commission (NRC) with regard to deferred nuclear power plants and the procedures that apply while in a deferred status and when reactivating these plants.

The areas addressed include the regulations and guidance applicable to deferred and terminated plants, maintenance, preservation and documentation requirements, the applicability of new regulatory requirements and other general administrative considerations.

DATES:

Submit comments by 4/ 15/87 Comments received after that date will be considered if it is practical to do so, but assurance of consideration cannot be given except as to comments received on or before this date.

ADDRESSES:

Submit comments, suggestions, or recommendations to the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, D. C.

20555, Attention:

Docketing and Services Branch.

Copies of comments received may be examined in the NRC Public Document Room, 1717 H Street, N.W., Washington, D. C.

• Copies of NUREG Documents may be purchased through the U.S. Government Printing Office by calling (202) 275-2060 or by writing to the U. S.

Government Printing Office, P. 0. Box 37082, Washington, DC 20013-7082.

Copies may also be purchased from the National Technical Information Service, U.S. Department of_COl11llerce, 5285 Port Royal Road, Springfield, VA 22161.

A copy is available for inspection and/or copying for a fee ir the NRC Public Document Room, 1717 H Street, NW, Washington, DC 20555

• FOR FURTHER INFORMATIOM CONTACT:

Theodore S. Michaels, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Corrmission., Washington, D. C.

20555, Telephone (301) 492-8251 *

. SUPPLEMENTARY INFORMATION.*

I.

BACKGROUND In the last few years a number of nuclear power plants have been.

deferred or tenninated. A deferred plant is one for which the licensee has ceased construction or reduced activity to a maintenance level, maintains the construction permit (CP) in effect and has not announced the termination of the plant.

In *most *cases the licensee defers a plant with the expectation that its construction will be reactivated and it will be constructed and operated as a nuclear power plant.

For purposes of this Policy Statement, a terminated plant is one for which the licensee has announced that construction has been terminated permanently but which still has a valid CP.

At the present time there are four nuclear

- 3 power plants that are considered deferred. There are eight plants tfiat are considered tenn1nated.

The present regulations, guidance and procedures pennit nuclear power plant deferral and reactivation and, indeed, ~uch actions have occurred*

(e.g., Limerfck 2 was a deferred plant that was recently reactivat~d).

In the interest of providing predictability and stability to this proces.s, to clarify its position on the applicability of new regulatory requirements, and to develop and implement a regulatory process that can deal effectively with the variety of regulatory issues when construction of deferred plants is reactivated, the Co1J111ission is issuing policy guidance.tn this area.

II.

DISCUSSION This proposed Policy Statement has been structured to address the significant regulatory-aspect~ of nuclear power pl ant deferral, tenninati on and reactivation of deferred facilities. 1 Two items of primary interest in this Policy Statement are:

(1) the quality assurance requirements for plants in a deferred status, and (2) the applicability of new regulatory requirements for deferred plants which are subsequently reactivated.

f

1.

A NUREG report, which contains relevant infonnation regarding deferred and tenninated plants entitled "Reactivation of Nuclear Power Plant Construction Projects: Plant Status, Policy Issues, and Regulatory Options," NUREG-1205, (July 1986) has been published separately.

• A.

Quality Assurance Requirements for Plants in Deferred Status When a plant is deferred, the licensee may continue to follow the approved construction phase quality assurance program or may modify the quality assurance program to reflect anticipated deferral activities. Modified ouality assurance programs focus on the maintenance,* preservation and documentation activities and a cost-effective reduction in licensee and NRC resources.

The policy guidance addresses these requirements.

The major areas of concern for extended construction delays are:

the (1) maintenance and preservation of equipment and mate~ials, (2) verification of status of construction, and (3) retention and protection of records.Section III.A.3 of the policy guidance outlines the requirements in these areas for deferred plants..

• B.

Applicability of New Regulatory Reguirementsfor Deferred Plants Under the present regulations, new plant-specific staff positions would be applied to deferred plants upon reactivation, subject to the requirements of the backfit rule, 10 CFR 50.109.

That is, if the plant falls within the time frame indicated in 10 CFR 50.109(a)(l), then the NRC staff would be required to justify any new plant-specific backfits in accordance with 10 CFR 50.109(a)(2),(a)(3), and (a)(4). The appeals procedures applicable for plant-specific backfits are applicable to deferred

• plants. Generic issue backfits, which apply the same new NRC staff position to more than one licensee, are reviewed and approved in conjunction with resolution of the issue. If the deferred plant falls within the generic issue concern, as determin~d by ~RC staff analysis for approval of the generic issue resolution, then the backfit would be applied to the plan~ upon reactivation

• Regulations that h~ve integral update provisions built into them will be applied to deferred plants, as they are to other plants under construction, without the use of the backfit rule.

For example, the update provisions of 10 CFR

§50.55a, Codes and Standards, require that certain editions of the codes and standards be used depending on the CP or Operating License (OL) issuance date. Application of 10 CFR 50.55a to a deferred plant will be governed by the date specified in the regulation without the need for a backfitting justification.

The provi"sions of other policy statements, such as the Standardization and Severe Accide~t Policy Statements, that apply to plants under construction, will also have to be implemented.

For example, the Severe Accident Policy Statement (NUREG-1070) refers to an integrated systematic approach to examine each nuclear power plant now operating or under construction for possible significant risk contributors that might be plant-specific and might be missed absent a systematic search. Deferred plants will have to perfonn this plant-specific

• vulnerability analysis; however, the backfit rule will be used to decide which identified plant vulnerabilities require plant modifications.

Section III.A.5 of the Policy Statement identifies the need to apply the backfit rule for implementing new staff positions to deferred plants when they are reactivated

• The Corrmission published for corrment in May 1984, and subsequently forwarded to Co~gress, a report entitled

'"Improving Quality_ and the Assurance of Quality in the Design and Construction of Nuclear Power Plants," NUREG-1055.

Thii report contains a number of lessons learned concerning significant quality failures in corrmercial nuclear power plants under construction and makes reconvnendations concerning their avoidance in the future. These lessons learned are equally applicable to deferred or terminated plants for which construction may be resumed.

III. POLICY GUIDANCE.

This policy guidance outlines: (1) the NRC 1s regulatory provisions for -deferring and preserving a deferred nuclear po\\o/er pl ant unti 1 such time as it may be reactivated, and (2) the applicability of new regulatory staff positions to a reactivated deferred plant.

• • Also, because of the possibility that the plant and/or its equipment may be sold to another utility, some general guidance with regard to tenninated plants is presented.

The following definitions apply to this policy guidance:

Deferred Plant - A plant at which the licensee has ceased construction or reduced activity to a maintenance level, maintains the CP in effect and has not announced termination of the plant.

Tenninated Plant - A plant for which the licensee has announced that construction has been pennanently stopped, but which still has a valid CP.

A.

Defe~red Plants Areas that sho~ld be addressed by a licensee and the NRC when a plant is deferred are as follows:

1.

Notification of Plant Deferral A licensee should inform the Director of Nuclear Reactor Regulation (NRR) when a plant is to be deferred, within 30 days of the decision to defer.

Information to be made available should include the reason for deferral, the expected plant reactivation date (if known), whether a CP extension request will be submitted, and the plans for fulfilling the requirements of the CP, including the

• maintenance, preservation and documentation requirements as outlined in Section III.A.3 of this Policy Statement.

2.

Extension of Contruction Pennit Licensees must assure that their CPs do n~t expire.

10 CPR 2.109, "Effect of Timely Renewal Applicat-lon," provides that if a request for renewal of a license is made 30 days prior to its expiration, the license will not be deemed to have expired until the application has been finally dispo-sitior.ed.

CP extensions will be considered in accordance with 10 CFR 50.55(b) *

. 3.

Maintenance, Preservation and Documentation of Equipment The NRC requirements for verification of construction status, retention and protection of records, and maintenance and preservation of equipment and materials are applied through:

10 CFR 50.54(a),

"Conditions of Licenses," and 10 CFR 50.55(f), "Conditions of Construction Permits," which require that a quality assurance

• program be implemented; 10 CFR Part 50, Appendix B, which requires that all activities performed to establish, maintain, and verify the quality of plant construction be addressed in the licensee's

• quality assurance program; 10 CFR Part 50, Appendices A ard B, which require that certain quality records be retained for the life of the plant; 10 CFR 50.55(e), which requires reporting of

• deficiencies in design, construction, quality assurance, etc.;

10 CFR 50.71, which applies to the maintenance of records; and 10 CFR Part 21, which applies to reporting of defects and non-compliance.

The NRC Regulatory Guides which endorse the ANSI N45.2 series of standards, "Quality Assurance Requirements for Nuclear Power Plants,"

are also applicable. These include Regulatory Guides 1.28, 1.37, 1.38, 1.58, 1.88 and 1.116.

Of particular importance is the guidance on packaging, shipping, receiving, storing and handling of equipment, as well as on collecting, storing and maintaining quality control document~tfon.

The maintenance, preservation and documentation requirements outlined above apply to plants under construction.

The licensee may choose to modify existing.colTITiitments during extended construction delays by developing a quality assurance plan that is COfTIT!ensurate with the expected activities and expected (or potential) length of delay.

The licensee should discuss with the NRC the expected construction delay period and the quality assurance program to be implemented during the deferral. The program should include a description of the planned activities, organizational responsibilities and procedural controls which apply to the verification of construction status, maintenance and I

preservation of equipment and materials, and retention and protection of quality assurance records. The program will be reviewed and approved by the NRC in accordance with 10 CFR 50.54(a)(3), 10 CFR Part 50, Appendix Band inspection procedures, as appropriate.

Implementation of the program will be periodically examined

• to determine licensee compliance with co11111itments and overall program effectiveness.

4.

Conduct of Review During Deferral When a plant is deferred, the staff will nonnally bring all ongoing post-CP and Operating License (OL) reviews and associa~ed documentation to an appropriate termination point.

Normally, new reviews will not be initiated. If the review has progressed sufficiently, a Safety Evaluation Report (SER) will be issued, which assembles and discusses the status of the completed work and lists all outstanding open items. Subject to availability of resources, the staff might perform specific technical reviews or complete SER supplements.

5.

Applicability of New Regulatory Requirements During Deferral With respect to applicability of new regulations, guidance and policies, deferred plants of custom or standard design will be considered in the same manner as plants still under construction. Proposed plant-specific backfits of new regulatory staff positions promulgated while a plant is deferred will be considered in accordance with the backfit rule, 10 CFR 50.109.

Other modifications to previously accepted staff positions will be implemented either through ruiemaking or generic issue resolution, which themselves are

11 -

subject to the backfit rule. Regulations that have integral update provisions built into them will be applied to deferred plants, as they are to other plants under construction, without the use of the backfit rule.

Provisions in other policy statements which are applicable to plants under construction will also have to be implemented.

Any resulting backfit reco1T1Tiendations will have to be supported*

in accordance with 10 CFR 50.109.

Appeals procedures applicable to plant-specific backfits would be applicable to deferred plants. Appeals filed by a licensee during deferral will be considered and processed by the NRC while a plant is in a deferred status.

6.

Infonnation to be Submitted by Licensee when Reactivating The licensee should submit a letter to the Director of NRR at least 120 days before plant construction is expected to resume.

The letter should inc.lude the following i_nformation, to the extent that such infonnation has not been submitted to the staff during the deferral period:

a.

Proposed date for resuming construction, a schedule for completion of the construction, and a schedule for submittal of an operating license application, including a Final Safety Analysis Report (FSAR), if one has not already been submitted.

• b.

The current status of the plant site and equipment.

c.

A description of how any conditions established by the NRG during the deferral have been fulfilled.

d.

A list of licensing issues that were outstanding at the time of the deferral and a description of the resolution or proposed resolution of these issues.

e.

A listing of any new regulatory requirements applicable to the plant that have become effective since plant construction was deferred, together with a description of the licensee's proposed plans for compliance with these requirements.

f.

A description of the management and organization responsi-ble for construction of the plant.

g.

A description of all substantive changes made to the plant design or site since the CP was issued (for those plants for which an OL application has not been submitted).

h.

Identification of an.r additional required information which is not available at the time of reactivation and a corrmitment to submit such information at a specific later date.

i.

As necessary, an amendment to the OL application (revised FSAR) and a discussion of the bases for all substantive site and design changes that have been made since the last FSAR revision was submitted (for those plants which were already under OL review at the time of deferral).

• 7.

Staff Actions When Notified of Reactivation The acceptability of structures, systems and components important to safety (10 CFR Part 50, Appendix A, GDC 1) upon reactivation from deferred status will be determined by the NRC based on the following:

a.

Reviews of the approved preservation and maintenance program, as implemented, in order to determine whether or not any structures, systems or components require special NRC attention during reactivation.

b.

Verification that design changes. modifications, and required corrective actions have been implemented and documented in accordance with established quality control requirements.

c.

The results of any licensee or NRC baseline inspections which indicate that quality and performance requirements have not been significantly reduced below those originally specified in the FSAR.

Structures, systems and compo_nents that fail to meet the acceptability criteria or will not meet current NRC requirements will be dealt with on a case-by-case basis.

j

• B.

Tenninated Plants

1.

Plant Tenninations A licensee should infonn the Director of NRR.when a plant is placed in a terminated status.

In the event that withdrawal of a CP is sought, the pennit holder should provide notice to the staff sufficiently far in advance of the expiration of the CP to permit the staff to detennine appropriate tenns and conditions. If necessary, a brief extension of the CP may be ordered by the staff to accommodate these determinations.

Until withdrawal of the CP is authorized, a permit holder must adhere to the Commission's regulations and the terms of the CP, and should submit suitable plans for the termination of site activities, including redress, as provided for under 10 CFR 51.41, for staff approval. Also, if the plant has been completed to a point that it can function as a u~ilization facility, the licensee must take all necessary actions tc ensure that the facility is no longer a facility for which an NRC license is required.

2.

Measures that Should be Considered for Reactivation of Tenninated Plants or Transfer of Ownership of Terminated Plants

• Owners of tenninated nuclear plants planning to maintain the option of plant reactivation or transfer of ownership to.others - either totally or in part - should consider the following actions:

a.

For the removal and transfer of ownership of plant components and systems important to safe_ty, make necessary provisions to maintain, collect and transfer to the new owner appropriate performance and material documentation attesting to the quality of the components and systems that will be required of the new owner if intended for use in NRC-licensed facilities.

b.

Develop and implement a preservation and maintenance program for structures, systems and components important to safety, as well as documentation, substantially in accordance with Section, III.A.3 of this Policy Statment.

Jf these provisions are implemented throughout the period of termination, a tenninate-d plant may be reactivated under the same provisions as a deferred plant.

• Such licensees must also assure that any necessary extensions of the CP are requested in a timely manner.

Dated at Washington, D.C. this ;/1:_

1day of ;71,£,{c~l987.

For the Nuclear Regulatory Co1111lission.

J n C. Hoyle tinq Secretary of the Commission

consumers Power POWERINli MICHlliAN"S PROliRESS

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BRANCl-l May 11, 1987 Secretary of the Commission U.S. Nuclear Regulatory Commission Washington DC 20555 Attention: Docketing and Service Branch CONSUMERS POWER COMPANY COMMENTS ON PROPOSED COMMISSION POLICY STATEMENT ON DEFERRED PLANTS Consumers Power Company is pleased to offer its comments on the proposed Commission policy statement on deferred plants as published in the Federal Register on March 16, 1987 (52 FR 8075).

Based on a review of the proposed policy statement by knowledgeable individ-uals, Consumers Power Company believes that additional guidance regarding the maintenance of security and safeguards materials should be included in the policy statement.

Specifically, Consumers Power Company recommends that the following statement be included in the final version of the Commission policy statement on deferred plants:

"For plants in a deferred status, the licensee shall take appropriate action to assure that the security and safeguard material remain secured to the requirements of 10 CFR 73.21.

For plants for which a termination of the construction permit is sought, the licensee shall take appropriate action to assure that safeguards material which have relevancy to either the licensee's other licensed nuclear facilities, facilities of a similar type or are generic to the nuclear industry are either destroyed or are continued to be maintained in accordance with the requirements of 10 CFR 73.21."

This statement will provide licensees with plants in a deferred or terminated status flexibility in the maintenance and storage of safeguards material while ensuring that security and safeguards material remain protected, Kenneth W Berry CC Vice President, NOD OC0587-0022S-NL01 ACl\\nowledged by card,**** oh I I I,,, 6 6 I I al\\iiiilr

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WASHINGTON PUBLIC POWER SUPPLY SYSTEM DOl KETE'.:

P.O. Box 968

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• Richland, Washington 99352 April 21, 1987 U. S. Nuclear Regulatory Commission Attention: Docketing & Services Branch Washington, D.C.

20555 Gentlemen:

• a7 APR 24 P 3 :40

Subject:

COMMENTS ON COMMISSION POLICY STATEMENT ON DEFERRED PLANTS On March 16, 1987, the Commission published in the Federal Register (52FR8075) its proposed policy statement on deferred plants.

The Washington Public Power Supply System, as the owner of two deferred nuclear plants and two terminated nuclear power plants, has a keen interest in this policy statement.

In general, the Supply System finds the pol icy statement to be a very well thought out document.

The pol icy statement pl aces emphasis on those areas of greatest importance -

namely maintenance, preservation, and documentation requirements.

The Commission's application of the Backfit Rule (10CFR50.109) to deferred plants is a significant step and the Commission is to be commended for the establishment of this policy.

The following specific comments are provided for your consideration:

o In most cases, a licensee would expect to be able to provide notification to the NRC at least 120 days in advance of construction resumption.

However, there may be some construction type activities which could get underway earlier.

It is recommended that this wording be revised to "at least 120 days before construction is expected to resume or as soon as possible after a reactivation decision has been reached.

11 o

Item 6. c requests a 111 i sting of any new regulatory requirement...

together with a description of the licensee's proposed plans for compliance...

11 The availability of such proposed plans presumes that the licensee is continuing a level of engineering activity during the deferral sufficient to develop such plans.

The Supply System intends to maintain an awareness of new regulatory requirements applicable to its deferred plants, but will defer engineering activities necessary to determine how compliance will be achieved until after a reactivation decision has been made.

It is recommended that this item be amended to add a commitment to submit such information at a specific later date.

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Item 6.i -

An amendment to the FSAR, in the Supply System's situation, would not be available at the time of initial notification.

However, since no "substantive site and design changes" will be made during the deferred period, an FSAR amendment would not be needed at this early date.

We appreciate this opportunity to comment on the policy statement on deferred plants, and again congratulate the Commission on this effort to provide some stability to the future for deferred plants.

Very truly yours 4 <:_

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.- C. S ensen, Manager Regulatory Programs sek cc:

T. S. Michaels, Nuclear Regulatory Commission A. E. Bivens, American Industrial Forum

Mai-vin I. l._e~,Jis 7801 Roosevelt Blvd.,#62 Phila., PA 19152 "87 APR 20 A11 :05 DOCKET NUMBER '

Sec1-eta1-y United States Nuclear Regulatory Commission Washington, D.C. 20555 Dear Mr. Secretary;

!tETfflON RULE PRM.iJ-4t,

( 5"I F£ 4//tf"2S) (jj)

Please accept this letter as my comments on several rulemakings. I am commenting in one letter on several r ulemakings a

cause the rulemakings a1-e *,-elated, and the separation of these ft lemakings improperly hides their common, deleterious effect upon the health and safety of the public. The rulemakings and petitions upon which I am commenting i n this letter include

1. 52 FR 23 3442 10 CFR Part 2 Issuance or Amendment: Power Reactor License or Permit Following Initial Decision.

2. 52 FR 47 7432 10 CFR Parts 30 etc. Completeness and Accuracy c, f. I n *for* m c:~ t i on.

3. 52 FR 52 8460 10 CFR Part 50 Kenneth G. Sexton and the State of ME; Petitions for Rulemaking; Extension of Comment Period.

4.

10 CFR Part 50 Commission Policy Statement on De*fen-ed P 1 ants.

5. 52 FR 44 6980 10 CFR Part 50 Licensing of Nuclear Power Plants Where State and/or Local Governments Decline to Cooperate in Dffsite Emergency Planning.

First, I shall discuss each of the above separately.

Secondly, I shall discuss how the sum of these rule changes and other rule changes reduce the guarantee of health and safety

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the public requil-ed i r1 the At omi c Ene,-gy P,ct.

1

• The change in the Part 2 regu latio ns embodied in 52 FR 23 3442 is ano ther demonstration of how the NRC (also known as the agency) is cutti n g off any chance for intervenors or whistleblowers to affect the licensing process in an effective or timel y manner. The agency states clearly how very poorly a substantive issue will fai i-in the licensing p1-ocess, ".*. the appropriate sub j ect of any judicial challenge to final agency action on a stay motion would be the agenc y's determination to issue or withhold a stay, not the merits for which the stay is s.ough t."

What the NRC (agenc y) i s saying is that no matter how flawed a decision i s on sci entific grounds, the only appeal of that decision shall concern whether the NRC had the legal powar to make that decisio n. This sort of intransigence on the NRC 's part could easily lead to situ a ti ons which endanger the healt h ~nd safety of the public on a grand scale.

The following scenario is provided as an example and is not meant to be comprehensive, inclusive or exclus ive.

Dangerous conditions were discovered during the construction of Ma r ble Hill, Zimmer and the cancelled WPPSS reactors.

The co nstr uc tion continued even though wh istleblowers p rov ided information which s howed that t he reactor could experience a major acc ident. If these reactors had been c omp leted a n d if an intransigent Hear ing A

• c:\\'i-d and Di n?c tc,i-granted an c,pei-at i ng l. i cense anyway,

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itervenors and public could not appeal on the merits, but only on the legalities to make the dec isio n. This co ul d and would happen if this rule came into effect. Th i s r ule could and would endanger t he heal th and safety of the pub l ic, and thi s r ule would be an invitation for the licensee to cut al l corners.

2.

The changes in 52 FR 47 7432 Completeness and Accuracy of Infor mation invite ways a n d means to avoid any penalty for not meeti n g the regulation. Specifically, the new 10 CFR 55.6b states, "An applicant c,1-licensee violates this p ar agi-aph only if the app l icant or licensee fails to notify the Commiss ion of info rma tion that the appli can t or licensee has identified as having a significant implication for public health and safety or cc,mmon defens.e a nd !=-ecur* i tv. "

This sen ten ce makes the applicant o r licensee the ultimate judge and j ur y for his actions. If the licensee or applicant f'.':lils to identify..=:1 "signific..=:1nt implic,:,;,t:i.on, " hE) i s in the c:lec:1r

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-,d held hc:ffmless as fc.ff as this r*egulation is cc,ncen-,ed. A simple plea of temporary incompetence o r failure to manage adequately e xemp ts any licensee or app l icant from any violation as far as r eporti ng information accuratel y and completely no matter how serious the lapse is.

The ru le states that only th e Applicant or Licensee is liable for vio lations o f non-reporti n g of significant implications.

Al so, the licensee or applic ant must have know ledge and identified the implication as significant. The loophole is th at if management is not aware of the significant impli cation, they are not liable. This loophole allows the applicant and license to escape responsibi lity. As long as the licensee or applicant can put up barr ier s so that information about sign i ficant impl i cation cannot get to them, they are held harmless by the rule. This rule ignores the responsibility of management to be informed. That's the i 1**

j c, b.

Incompetence must never be a defense to avoid proper r egulation.

This 10CFR55.6b makes incompe t ence a proper defense no matter how serious the danger to the heal t h and safety of the public or the common defense and securit y. This rule would be an invitation to cut all corners since this rule promotes incompetence and deficient management as a defense.

3.

Denial of 52 FR 52 8460 would be a disaster. The nuc lear power industry would have little incentive to prepar e emergency p 1 ans. The pub 1 i c ~*JCtu 1 d take the den i a 1 to mean th at the NRC does not have the public health and safety as a goal.

These two petitions attempt to strengthen the emergency planni n g in case of a major accident by reassessing the Emergency Planning Zone. New ta from Chernobyl strongly suggests that the methodologies and 1alytical techniques used to evaluate the size of the EPZ are 1ighly questionable. An improperly small EPZ in the event of a major accident would endanger the health and safety of the public much more than an adequate EPZ.

The present inadequate EPZ does endanger the health and safety of the public. Reevaluating the present EPZ in light of the recent Chernobyl data would improve the safety of the public.

The NRC has continues to attempt to reduce the size of the EPZ, which endangers the health and safety of the publ i c. The NRC's attempts to reduce the size of the EPZ invites the licensee to cut all corners as far as emergency planning is c oncerned.

4.

The only policy that a deferred plant is entitled to is that any attempt at reinstituting construction must meet all the latest safety requirements. Too often deferment or cancellation provides a cover for i nadequate quality or other very dangerous conditions. Not one iota of allowance for any past requirement

~

ay be forgiven. The r*easc,n that the str*ictest r*equirements must be invoked for these plants is that many deferred and cancelled

,-eactors ~..;c,u ld use this rc,ute to bw*y their* problems such as, A. South Texas project was rumored to have buried a supernumerary in cc,ncrete.

B. WPPSS had innumerable construction difficulties.

C. Zimmer admitted to many construct ion difficulties prior to cancel la tic,n. -

The NRC must handle res umption of c onstruction in deferred and cancelled plants sternly. Any but th e sternest ha ndling of these plants when they attempt to resume constructio~ is an invitation by the NRC for the licensee or applicant to cut corners. Cutting corners on the construction of a nuclear power plant will endanger the health and safet y of the public. A simple but effective polic y for deferred and cancelled plants should include a statement that the NRC will view with ext r eme prejudice any restart of construction on a deferred or cancelled plant.

c::-

W Now I shall discuss the most problematic rule change, 52 FR 44 6980 Licensing of Nuclear Power Plants Where State and Local

• vernments Dec li ne to Cooper-ate in O*ffsite Emergency Planning.

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The Emergenc y Pl a n can be likened to lifeboats for passengers on a lu xury liner.

While ocean going vessels are generally safe, and while passenger vessels must meet very high standards, ships have sun k. The Uns inkable Titanic comes to mind.

The same c an be s aid about major accident at nuclear power plants. Unlikel y a cc idents have occurred. There hav e been few meltdowns: LS-1, Chernobyl, TMI#2, Fermi. Nonetheless, residents around a nuclea r p o wer plant have as much right to an adequate emergenc y plan a s passen gers have a right to a sea t on a l ifeboat. Commissioner Asselstine has pointed out several of the wa y s that the rule eliminates the public's right to an adequate emergency plan. The p r oposed rule also invites the licensee or applicant to cut c orner s a nd to endanger t he health and safety of the public with a n i n adequate emergency pl a n. An inadequate emergenc y plan will endanger the health and safety of the public in the e vent of a meltdown and melt thru.

CONCLUSION The actio n s of the NRC have been and continue to be a n ob v ious invitation to licensees and applican ts to c ut cor ners.

Cutting corners for the sake of profitability and convenience r educes or eliminates the protection the health and safety of the public r equii-e,d by the atc,mic enei-%_ A,.~:~/... P-~~,

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-S7 APR 17 P12 :43 April 15, 1987 Secretary of the Commis sion U.S. Nuclear Regulatory Commi ssion Washington, D.C. 20555 Attention:

Docket ing and Service Branch

Subject:

Commission Policy Statement on Deferred Plants

Dear Sir:

The NRC published in the March 16, 1987, Federal Register, the proposed policy statement on Deferred Plants (52 FR 8075) and solicited comments on same.

The Atomic Industrial Forum's Ad Hoc Group on Reactivation of Construction Projects has reviewed the proposed policy statement and finds the policy appropriate in that it applies existing regulations to the issue of reactivat i on of deferred and terminated plants.

We believe the national resource these plants represent should be preserved and appreciate the opportunity to provide our input to this important issue.

GKD:bjr Sincerely, 11.K. @~

G. K. Dyekman Chairman AIF Ad Hoc Group on Reactivation of Construction Projects

April 15, 1987 Secretary of the Commission U.S. Nuclear Regulatory Commission Washington, D.C.

20555 ATTN:

Docketing and Services Branch DOCKETED

'.?,NHC

'87 APR 15 Pl2 :07 KMC, Inc.

801 18TH STREET, N W.

SUITE 300 WASHINGTON, D.C. 20006 (202) 293-4200

SUBJECT:

Proposed NRC Policy Statement on Deferred Nuclear Power Plants

Dear Sir:

This letter is filed on behalf of the Utility Safety Classi-fication Group (USCG) and KMC, Inc. in response to the March 16, 1987, Federal Register notice regarding the subject proposed policy statement.

Because the charter of the USCG is limited to issues concerning safety classification, the comments contained herein are intentionally limited to consideration only of the phrase "important to safety" as it appears in the proposed policy statement.

We offer no additional comments concerning any other aspect of the policy statement.

For your information, a complete list of the USCG membership is enclosed.

The USCG was formed in July 1983 to interact with the NRC regarding the lack of a clear regulatory definition for and the inconsistent interpretation of the phrase "important to safety" which has been repeatedly used by the NRC staff and the Commis-sion, but never authoritatively defined by either. In an attempt to achieve a resolution and to stabilize the meaning of that phrase, on October 30, 1984, the USCG filed a petition for rule-making which still remains before the NRC.

NRC staff attempts to resolve this issue have been proposed in several staff papers to the Commission, the last of which, SECY 86-164, has sat before the Commissioners for almost a year now.

Clearly this definitional issue has proven difficult to resolve, with the result that "important to safety" still lacks an agreed-uport regulatory definition.

In these circumstances, we believe that it is unwise to expand the use of this phrase in regulatory guidance documents and

I U. S. NUCLEAR oo...;K

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that the NRC should refrain from doing so.

In this instance, we believe that the Policy Guidance portion of the proposed policy statement should be modified at paragraphs 2.a and 2.b of Section B, Terminated Plants, to eliminate this phrase by substituting "safety related."

This modification will facilitate the use of the policy statement by rendering it less prone to misinterpreta-tion as the phrase "safety related" is well understood and is, in fact, defined in 10 CFR Part 100.

If you require further clarification of our comments, please call me at (202) 293-4200.

Peter F. Riehm Associate Encl.

UTILITY SAFETY CLASSIFICATION GROUP Arkansas Power & Light Co. (representing also Mississippi Power & Light, and Louisiana Power & Light Co.)

Baltimore Gas & Electric Co.

Cleveland Electric Illuminating Co.

Commonwealth Edison Co.

Consolidated Edison Co. of New York Detroit Edison Co.

Florida Power Corp.

Florida Power & Light Co.

Long Island Lighting Co.

Yankee Atomic Electric Co. (representing also New Hampshire Yankee, Maine Yankee Atomic Power Co., and Vermont Yankee Nuclear Power Corp.

Northeast Utilities Service Co. (representing also Connecticut Light & Power, Northeast Nuclear Energy Co., and Western Massachusetts Electric Co.)

Northern States Power Co.

Omaha Public Power District Pacific Gas & Electric Co.

Pennsylvania Power & Light Co.

Public Service Electric & Gas Co.

Rochester Gas & Electric Co.

Toledo Edison Co.

Wisconsin Electric Power Co.

Wisconsin Public Service Corp.

CURTIS ESCHELS Chairman STATE OF WASHINGTON ENERGY FACILITY SITE EVALUATION COUNCIL Mail Stop PY-11 Olympia, Washington 98504 (206) 459-6490 (SCAN) 585-6490 April 14, 1987 Mr. John C. Hoyle Acting Secretary of the Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Attention: Docketing and Services Branch

Dear Acting Secretary Hoyle:

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N The Washington State Energy Facility Site Evaluation Council (Council) has reviewed the proposed Commission Policy Statement on Deferred Plants dated March 11, 1987, and offers the following comments.

The Council recognizes the usefulness of the Commission's desire to develop policy guidance on the deferral, reactivation and termination of regulated facilities.

This guidance will provide the utilities and regulatory agencies of state and local govern-ment with a recognized set of definitions for the activities of the utility while the plant is in a deferred, terminated or reactivated status. It also clarifies the status of the four nuclear power plants considered deferred and the eight nuclear plants considered terminated. Two deferred nuclear plants with construction permits and two terminated plants without construction permits are located in the state of Washington and remain subject to our jurisdiction. It is suggested that the policy clearly states, early in the statement, that it applies only to facilities deferred or terminated during construction and prior to commercial operation.

The Council concurs with the proposed policy statement's applicability of: (1) new plant-specific staff positions, (2) new plant-specific backfits, (3) generic issue backfits, and (4) regulations with integral update provisions to deferred plants. These provisions help to ensure that plants in a deferred status will be required to plan for those safety related changes adopted during the period of deferral.

We believe the Washington Public Power Supply System is effectively following this direction with regard to Washington Nuclear Projects Numbers 1 and 3 through their Readiness Review Program.

The Council is concerned that the proposed definition of terminated plant may lead to some confusion. The proposal to require a valid Construction Permit (CP) where con-struction has been permanently stopped should be clarified to assure that the only authorized activity is site restoration. There may be reason to retain the full CP for a short period to ensure an orderly ramp down, as the Commission proposes. Because the suggested definitions for deferred and terminated plants each contain provisions for o

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r. John C. Hoyle April 14, 1987 Page 2 cessation of construction and retention of the CP, there is no clear distinction in the proposal between deferral and termination. The remedy for this is to eliminate the requirement to retain the full CP for terminated projects. The policy would thereby require the licensee to phase through the deferred status before moving to the terminated status and would lend needed finality to a termination decision. The state needs assurance that a terminated project would never be reactivated, for purposes of its own regulatory and environmental planning.

On February 11, 1987 the Council adopted rules relating to preservation of suspended projects and site restoration of terminated projects in order to protect the environment and public health and safety. The Commission's definition of the term "deferred" is similar to the Council's use of the term "suspended".

The Council also addresses circumstances of abandonment and cessation of operations which may extend beyond the Commission's definition of deferred or terminated. The Commission may wish to address these topics as well. A copy of our rules is enclosed for your reference. Of major concern to the Council is the licensee's ability to provide for the funding of site preservation and restoration required for public protection.

The Council appreciates this opportunity to offer comment and is available to discuss this matter in greater detail.

CE:BF:kc Enclosure cc:

Don Mazur, WPPSS Jack Martin, Region V NRC Sincerely, G~;?~

Curtis Eschels Chairman

CHAPTERS 463-06 463-10 463-14 463-18 463-22 463-26 463-28 463-30 463-34 463-38 463-39 463-40 463-42 463-43 463-47 463-50 463-54 463-58 ENERGY FACILITY SITE EVALUATION COONCIEitle 463 Digest Title 463 WAC ENERGY FACILITY SITE EVALUATION COUNCIL

{Formerly:

Thermal Power Plant Evaluation Council)

General--Organization--Public records.

Definitions.

Policy and interpretation.

Procedure--Regular and special council meetings.

Procedure and guidelines--Potential site studies.

Procedure--Initial public hearing and public information meeting.

Procedure--State preemption.

Procedure--Contested case hearings.

Procedure--Rule making and declaratory rulings.

Regulations for compliance with NPDES permit program.

General regulations for air pollution sources.

Dangerous wastes.

Procedure--Guidelines--Applications for site certification.

Procedure--Applications for expedited processingo SEPA rules.

Independent consultants--Guidelines.

Certification compliance determination and enforcement.

Fees or charges fqr independent consultant study, regular and expedited application processing, determining compli-ance and potential site study.

DISPOSITION OF CHAPTERS FORMERLY CODIFIED IN THIS TITLE 463-08-010 463-08-011 463-08-015 463-08-020 463-08-021 463-08-022 Chapter 463-08 RULES OF PRACTICE Uniform procedural rules.

[Order 1-70, § 463-08-010, filed 5/7/70.)

Repealed by Order 109, filed 11/16/76.

Effect of certification.

[Order 2-72, S

463-08-011, filed 12/27/72.)

Repealed by Order 104, filed 11/4/76.

Council organization.

[Order 2-72, S 463-08-015, filed 12/27/72; Order 1-70, S

463-08-015, filed 5/7/70.)

Repealed by Order 103, filed 11/4/76.

Official application.

[Order 2-72, S 463-08-020, filed 12/27/72; Order 1-70, S 463-08-020, and Form A,

filed 5/7/70.)

Repealed by Order 113, filed 2/4/77.

Hearing examiners.

[Order 2-72, S

463-08-021, filed 12/27/72.]

Repealed by Order 109, filed 11/16/76.

Proposed orders by examiners.

[Order 2-72, S 463-08-022, filed 12/27/72.)

Repealed by Order 109, filed 11/16/76.

[ Ch. WAC-p 1 ]

I

--~*

Title 463 DigestENERGY FACILITY SITE EVALUATION COUNCIL 463-08-023 463-08-024 463-08-025 463-08-030 463-08-035 463-08-040 463-08-045 463-08-050 463-08-055 463-08-060 Notice of intent.

[Order 1-74, S

463-08-023, filed 5/29/74; Order 2-72, S

463-08-023, filed 12/27/72.]

Repealed by Order 113, filed 2/4/77.

Compliance procedures for State Environmental Policy Act of 1971.

[Order 2-72, S 463-08-024, filed 12/27/72.]

Repealed by Order 112, filed 12/5/76.

Intervention.

[Order 1-70, S 463-08-025, filed 5/7/70.]

Repealed by Order 109, filed 11/16/76.

Participation by intervenor.

[Order 1-70, S 463-08-030, filed 5/7/70.]

Repealed by Order 109, filed 11/16/76.

Informational hearing.

[Order 1-70, S 463-08-035, filed 5/7/70.]

Repealed by Order 109, filed 11/16/76.

Formal public hearing.

[Order 1-70, S 463-08-040, filed 5/7/70.]

Repealed by Order 109, filed 11/16/76.

Additional public hearings.

[Order 4-74, S

463-08-045, filed 12/13/74; Order 1-70, S 463-08-045, filed 5/7/70.]

Repealed by Order 109, filed 11/16/76.

Disposition after formal hearing.

[Order 1-70, S 463 050, filed 5/7/70.]

Repealed by Order

109, filed 11/16/76.

Petition for rehearing.

[Order 1-70, S 463-08-055, filed 5/7/70.]

Repealed by Order 109, filed 11/16/76.

Potential site study.

[Order 1-74, S 463-08-060, filed 5/29/74.]

Repealed by Order 106, filed 11/4/76.

Later promulgation, see chapter 463-22 WAC.

Chapter 463-12 GUIDELINES FOR APPLICANTS SEEKING THERMAL POWER PLANT CERTIFICATION 463-12-010, 463-12-100 463-12-105 463-12-110 463-12-115 463-12-120 463-12-125 463-12-015, 463-12-020, 463-12-025, 463-12-030, 463 035, 463-12-040, 463-12-045 and 463-12-050.

[Order 1-70, filed 5/7/70.]

Repealed by Order 2-72, filed 12/27/72.

Later promulgations, see WAC 463-12-100 through 463 150, and chapter 463-42 WAC.

Project description.

[Order 2-72, S

463-12-100, filed 12/27/72.]

Repealed by Order 113, filed 2/4/77.

Later promulgation, see chapter 463-42 WAC.

Site characteristics.

[Order 2-72, S 463-12-105, filed 12/27/7~.]

Repealed by Order 113, filed 2/4/77.

Later promulgation, see chapter 463-42 WAC.

Transmission lines.

[Order 2-72, S

463-12-110, filed 12/27/72.]

Repealed by Order 113, filed 2/4/77.

Later promulgation, see chapter 463-42 WAC.

Health and safety.

[Order 2-72, S

463-12-115, filed 12/27/72.]

Repealed by Order 113, filed 2/4/77.

Later promulgation, see chapter 463-42 WAC.

Environmental impact--Land.

[Order 2-72, S

463-12-120, filed 12/27/72.]

Repealed by Order 113, filed 2/4/77.

Later promulgation, see chapter 463-42 WAC.

Environmental impact--Water.

[Order 2-72, S 463-12-125, filed 12/27/72.]

Repealed by Order 113, filed 2/4/77.

Later promulgation, see chapter 463-42 WAC.

[Ch. WAC-p 2]

2.

,J 463-12-130 463-12-135 463-12-140 463-12-145 463-12-150 463-12-155 ENERGY FACILITY SITE EVALUATION COUNCIIDitle 463 Digest Environmental impact--Air.

[Order 2-72, S

463-12-130, filed 12/27/72.]

Repealed by Order 113, filed 2/4/77.

Later pr.omulgation, see chapter 463-42 WAC.

Environmental impact--Vegetation, fish and animal life.

[Order 2-72, S 463-12-135, filed 12/27/72.]

Repealed by Order 113, filed 2/4/77.

Later promulgation, see chapter 463-42 WAC.

Environmental impact--Aesthetics.

[Order 2-72, S 463 140, filed 12/27/72.]

Repealed by Order

113, filed 2/4/77.

Later promulgation, see chapter 463-42 WAC.

Environmental impact--Recreation and heritage.

[Order 2-72, S

463-12-145, filed 12/27/72.]

Repealed by Order 113, filed 2/4/77.

Later promulgation, see chapter 463-42 WAC.

Monitoring and future studies.

[Order 2-72, S 463 150, filed 12/27/72.]

Repealed by Order

113, filed 2/4/77.

Later promulgation, see chapter 463-42 WAC.

Environmental impact--Social and economic.

[Order 2-74, S 463-12-155, filed 6/12/74.]

Repealed by Order

113, filed 2/4/77.

Later promulgation, see chapter 463-42 WAC.

Chapter 463-16 REGULATIONS FOR COMPLIANCE WITH NPDES PERMIT PROGRAM 463-16-010 463-16-020 463-16-030 463-16-031 463-16-032 463-16-033 463-16-034 463-16-040 Definitions.

[Order 3-74, S 463-16-010, filed 8/27/74.]

Repealed by Order 114, filed 2/4/77.

Later promulgation, see WAC 463-38-010.

Scope and purpose.

[Order 3-74, S 463-16-020, filed 8/27/74.]

Repealed by Order 114, filed 2/4/77.

Later promulgation, see WAC 463-38-020.

NPDES application and tentative determination.

[Caption only]

[Order 3-74, S

463-16-030, filed 8/27/74.]

Repealed by Order 114, filed 2/4/77.

Later promulgation, see WAC 463-38-030.

Application filing with the council.16-031, filed 8/27/74.]

Repealed 2/4/77.

Later promulgation, see WAC Signature form.

[ Order 3-7 4, S

8/27/74.]

Repealed by Order 114, promulgation, see WAC 463-38-032.

[Order 3-74, S 463-by Order 114, filed 463-38-031.

463-16-032, filed filed 2/4/77.

Later Tentative determination on NPDES permits.

[Order 3-74, S 463-16-033, filed 8/27/74.]

Repealed by Order 114, filed 2/4/77.

Later promulgation, see WAC 463-38-033.

Fact sheet.

[Order 3-74, S 463-16-034, filed 8/27/74.]

Repealed by Order 114, filed 2/4/77.

Later promulgation, see WAC 463-38-034.

Notice, hearings and information accessibility.

[Caption only]

[Order 3-74, S

463-16-040, filed 8/27/74.]

Repealed by Order 114, filed 2/4/77.

Later promulgation, see WAC 463-38-040.

[Ch. WAC-p 3]

Title 463 DigestENERGY FACILITY SITE EVALUATION COUNCIL 463-16-041 463-16-042 463-16-043 463-16-050 463-16-051 463-16-052 463-16-053 463-16-054 463-16-055 463-16-060 463-16-061 463-16-062 463-16-063 463-16-064 463-16-065 463-16-080 463-16-090 Notice, provisions.

[Order 3-74, S

463-16-041, filed 8/27/74.]

Repealed by Order 114, filed 2/4/77.

Later promulgation, see WAC 463-38-041.

Public hearings.

[Order 3-74, S

463-16-042, filed 8/27/74.)

Repealed by Order 114, filed 2/4/77.

Later promulgation, see WAC 463-38-042.

Public access to information.

[Order 3-74, S 463-16-043, filed 8/27/74.)

Repealed by Order

114, filed 2/4/77.

Later promulgation, see WAC 463-38-043.

NPDES permit contents.

[Order 3-74, S 463-16-050, filed 8/27/74.)

Repealed by Order 114, filed 2/4/77.

Later promulgation, see WAC 463-38-050.

General conditions.

[Order 3-74, S 463-16-051, filed 8/27/74.)

Repealed by order 114, filed 2/4/77.

Later promulgation, see WAC 463-38-051.

Prohibited discharges.

[Order 3-74, S 463-16-052, filed 8/27/74.)

Repealed by Order 114, filed 2/4/77.

Later promulgation, see WAC 463-38-052.

Effluent limitations, water quality standards and other requirements for NPDES permits.

[Order 3-74, S

463 053, filed 8/27/74.)

Repealed by Order

114, filed 2/4/77.

Later promulgation, see WAC 463-38-053.

Schedules of compliance.

[Order 3-74, S

463-16-054, filed 8/27/74.)

Repealed by Order 114, filed 2/4/77.

Later promulgation, see WAC 463-38-054.

Other terms and conditions.

[Order 1-75, S

463-16-055, filed 4/7/75; Order 3-74, S 463-16-055, filed 8/27/74.)

Repealed by Order 114, filed 2/4/77.

Later promulgation, see WAC 463-38-055.

NPDES permits review and appeal.

[Order 3-74, S 463 060, filed 8/27/74.]

Repealed by Order

114, filed 2/4/77.

Later promulgation, see WAC 463-38-060.

Reissuance of NPDES permits.

[Order 3-74, S 463-16-061, filed 8/27/74.]

Repealed by Order 114, filed 2/4/77.

Later promulgation, see WAC 463-38-061.

Modifications of NPDES permits.

[Order 3-74, S

463 062, filed 8/27/74.)

Repealed by Order

114, filed 2/4/77.

Later promulgation, see WAC 463-38-062.

Appeal.

[Order 3-74, S

463-16-063, filed 8/27/74.]

Repealed by Order 114, filed 2/4/77.

Later promulgation, see WAC 463-38-063.

Transmission to regional administrator of proposed NPDES permit.

[Order 3-74, S

463-16-064, filed 8/27/74.]

Repealed by Order 114, filed 2/4/77.

Later promulgation, see WAC 463-38-064.

Monitoring and enforcement.

[Order 1-75, S 463-16-065, filed 4/7/75; Order 3-74, S 463-16-065, filed 8/27/74.]

Repealed by Order 114, filed 2/4/77.

Later promulgation, see WAC 463-38-060.

Transmittal of data to regional administrator.

[Order 3-74, S 463-16-080, filed 8/27/74.]

Repealed by Order 114, filed 2/4/77.

Later promulgation, see WAC 463-38-080.

Conflict of interest.

[Order 3-74, S 463-16-090, filed 8/27/74.)

Repealed by Order 114, filed 2/4/77.

Later promulgation, see WAC 463-38-090.

[Ch. WAC-p 4]

463-20-010 463-20-020 463-20-030 463-20-040 463-20-050 463-20-060 463-20-070 463-20-080 463-20-090 463-20-100 463-20-110 463-20-111 463-20-120 463-20-130 ENERGY FACILITY SITE EVALUATION COUNCIIDitle 463 Digest Chapter 463-20 PUBLIC DISCLOSURE Purpose.

[Order 1-74, S

463-20-010, filed 5/29/74.]

Repealed by Order 103, filed 11/4/76.

Definitions.

[Order 1-74, S 463-20-020, filed 5/29/74.]

Repealed by Order 103, filed 11/4/76.

Operations and procedures.

[Order 1-74, S 463-20-030, filed 5/29/74.]

Repealed by Order r03, filed 11/4/76.

Public records available.

[Order 1-74, S

463-20-040, filed 5/29/74.]

Repealed by Order 103, filed 11/4/76.

Later pr,omulgation, see WAC 463-06-060.

Public records officer.

[Order 1-74, S 463-20-050, filed 5/29/74.]

Repealed by Order 103, filed 11/4/76.

Later promulgation, see WAC 463-06-070.

Office hours.

[Order 1-74, S 463-20-060, filed 5/29/74.]

Repealed by Order 103, filed 11/4/76.

Later promulga-tion, see WAC 463-06-030.

Requests for public records.

[Order 1-74, S 463-20-070, filed 5/29/74.]

Repealed by Order 103, filed 11/4/76.

Later promulgation, see WAC 463-06-080.

Copying.

[Order 1-74, S

463-20-080, filed 5/29/74.]

Repealed by Order 103, filed 11/4/76.

Later promulga-tion, see WAC 463-06-110.

Exemptions.

[Orde~ 1-74, S 463-20-090, filed 5/29/74.]

Repealed by Order 103, filed 11/4/76.

Later promulga-tion, see chapter 463-06 WAC.

Review of denials of public records requests.

[Order 1-74, S 463-20-100, filed 5/29/74.]

Repealed by Order 103, filed 11/4/76.

Later promulgation, see chapter 463-06 WAC.

Protection of public records.

[Order 1-74, S 463-20-110, filed 5/29/74.]

Repealed by Order 103, filed 11/4/76.

Records index.

[Order 1-74, S

463-20-111, filed 5/29/74.]

Repealed by Order 103, filed 11/4/76.

Later promulgation, see WAC 463-06-170.

Address for communications.

[Order 1-74, S

463-20-120, filed 5/29/74.]

Repealed by Order 103, filed 11/4/76.

Adoption of form--Appendix A--"Request for public record."

[Order 1-74, S

463-20-130, filed 5/29/74.]

Repealed by Order 103, filed 11/4/76.

Chapter 463-46 GUIDELINES INTERPRETING AND IMPLEMENTING THE STATE ENVIRONMENTAL POLICY ACT 463-46-010 Authority.

[Order

112, S 463-46-010, filed 12/15/76.*]

Repealed by 84-19-031 {Order 84-2), filed 9/14/84.

Stat-utory Authority:

RCW 80.50.040(1).

Later promulgation, see chapter 463-47 WAC.

[ Ch. WAC-p 5 ]

Title 463 DigestENERGY FACILITY SITE EVALUATION COUNCIL 463-46-020 463-46-025 463-46-040 463-46-050 463-46-055 463-46-060 463-46-100 463-46-150 463-46-160 463-46-170 463-46-175 463-46-177 463-46-180 463-46-190 Purpose.

[Order

112, S

463-46-020, filed 12/15/76.]

Repealed by 84-19-031 (Order 84-2), filed 9/14/84.

Stat-utory Authority:

RCW 80.50.040(1).

Scope and coverage of this chapter.

[Order 112, S

463-46-025, filed 12/15/76.]

Repealed by 84-19-031 (Order 84-2),

filed 9/14/84.

Statutory Authority:

RCW 80.50.040(1).

Definitions.

[Order 112, S 463-46-040, filed 12/15/76.]

Repealed by 84-19-031 (Order 84-2), filed 9/14/84.

Stat-utory Authority:

RCW 80.50.040(1).

Use of the environmental checklist form.

[Order

112, S

463-46-050, filed 12/15/76.]

Repealed by 84-19-031 (Order 84-2), filed 9/14/84.

Statutory Authority:

RCW 80.50.040(1).

Timing of the EIS process.

[Statutory Authority:_ RCW 80.50.040(1).

81-07-019 (Order 81-1),

S 463-46-055, filed 3/11/81; Order 112, S 463-46-055, filed 12/15/76.]

Repealed by 84-19-031 (Order 84-2), filed 9/14/84.

Stat-utory Authority:

RCW 80.50.040(1).

Scope of a proposal and its impacts for the purposes of lead agency determination, threshold determination, and EIS preparation.

[Order

112, S

463-46-060, filed 12/15/76.]

Repealed by 84-19-031 (Order 84-2), filed 9/14/84.

Statutory Authority:

RCW 80.50.040(1).

Summary of information which may be required of a private applicant.

[Order 112, S 463-46-100, filed 12/15/76.]

Repealed by 84-19-031 (Order 84-2), filed 9/14/84.

Stat-utory Authority:

RCW 80.50.040(1).

Exemptions exclusive--OOE approval of changes in exemp-tions.

[Order

112, S

463-46-150, filed 12/15/76.]

Repealed by 84-19-031 (Order 84-2), filed 9/14/84.

Stat-utory Authority:

RCW 80.50.040(1).

No presumption of significance for nonexempt actions.

[Order 112, S 463-46-160, filed 12/15/76.]

Repealed by 84-19-031 (Order 84-2), filed 9/14/84.

Statutory Author-ity:

RCW 80.50.040(1).

Categorical, exemptions.

[Order 112, S 463-46-170, filed 12/15/76.]

Repealed by 84-19-031 (Order 84-2),

filed 9/14/84.

Statutory Authority:

RCW 80.50.040(1).

Exemptions and nonexemptions applicable to specific state agencies.

[Order

112, S

463-46-175, filed 12/15/76.]

Repealed by 84-19-031 (Order 84-2), filed 9/14/84~

Stat-utory Authority:

RCW 80.50.040(1).

Environmentally sensitive areas.

[Order 112, S

463 177, filed 12/15/76.]

Repealed by 84-19-031 (Order 84-2),

filed 9/14/84.

Statutory Authority:

RCW 80.50.040(1).

Exemption for emergency actions.

[Order 112, S 463 180, filed 12/15/76.]

Repealed by 84-19-031 (Order 84-2),

filed 9/14/84.

Statutory Authority:

RCW 80.50.040(1).

Use and effect of categorical exemptions.

[Order 112, S

463-46-190, filed 12/15/76.]

Repealed by 84-19-031 (Order 84-2), filed 9/14/84.

Statutory Authority:

RCW 80.50.040(1).

[Ch. WAC-p 6]

463-46-200 463-46-203 463-46-205 463-46-210 463-46-215 463-46-220 463-46-225 463-46-230 463-46-240 463-46-245 463-46-260 463-46-270 463-46-300 ENERGY FACILITY SITE EVALUATION COUNCIIDitle 463 Digest Lead agency--Responsibilities.

[Order 112, S 463-46-200, filed 12/15/76.]

Repealed by 84-19-031 (Order 84-2),

filed 9/14/84.

Statutory Authority:

RCW 80.50.040(1).

Determination of lead agency--Procedures.

[Order 112, S

463-46-203, filed 12/15/76.]

Repealed by 84-19-031 (Order 84-2), filed 9/14/84.

Statutory Authority:

RCW 80.50.040(1).

Lead agency designation--Governmental proposals.

[Order 112, S 463-46-205, filed 12/15/76.]

Repealed by 84 031 (Order 84-2),

filed 9/14/84.

Statutory Authority:

RCW 80.50.040(1).

Lead agency designation--Proposals involving both private and public construction activity.

[Order 112, S 463 210, filed 12/15/76.]

Repealed by 84-19-031 (Order 84-2),

filed 9/14/84.

Statutory Authority:

RCW 80.50.040(1).

Lead agency designation--Private projects for which there is only one agency with jurisdiction.

[Order 112, S 463-46-215, filed 12/15/76.]

Repealed by 84-19-031 (Order 84-2),

filed 9/14/84.

Statutory Authority:

RCW 80.50.040(1).

Lead agency designation--Private projects requiring licenses from more than one agency, when one of the agen-cies is a county/city.

[Order 112, S 463-46-220, filed 12/15/7~.]

Repealed by 84-19-031 (Order 84-2), filed 9/14/84.

Statutory Authority:

RCW 80.50.040(1).

Lead agency designation--Private projects requiring licenses from more than one state agency.

[Order 112, S 463-46-225, filed 12/15/76.]

Repealed by 84-19-031 (Order 84-2),

filed 9/14/84.

Statutory Authority:

RCW 80.50.040(1).

Lead agency designation--Specific proposals.

[Order 112, S 463-46-230, filed 12/15/76.]

Repealed by 84-19-031 (Order 84-2),

filed 9/14/84.

Statutory Authority:

RCW 80.50.040(1).

Agreements as to lead agency status.46-240, filed 12/15/76.]

Repealed 84-2),

filed 9/14/84.

Statutory 80.50.040(1).

[Order 112, S 463-by 84-19-031 (Order Authority:

RCW Agreements between agencies as to division of lead agency duties.

[Order

112, S

463-46-245, filed 12/15/76.]

Repealed by 84-19-031 (Order 84-2), filed 9/14/84.

Stat-utory Authority:

RCW 80.50.040(1).

Dispute as to lead agency determination--Resolution by DOE.

[Order

112, S

463-46-260, filed 12/15/76.]

Repealed by 84-19-031 (Order 84-2), filed 9/14/84.

Stat-utory Authority:

RCW 80.50.040(1).

Assumption of lead agency status by another agency with jurisdiction.

[Order 112, S 463-46-270, filed 12/15/76.]

Repealed by 84-19-031 (Order 84-2), filed 9/14/84.

Stat-utory Authority:

RCW 80.50.040(1).

Threshold determination requirement.46-300, filed 12/15/76.]

Repealed by 84-2),

filed 9/14/84.

Statutory 80.50.040(1).

[Order 112, S 463-84-19-031 (Order Authority:

RCW

[Ch. WAC-p 7]

Title 463 DigestENERGY FACILITY SITE EVALUATION COUNCIL 463-46-305 463-46-310 463-46-320 463-46-330 463-46-340 463-46-345 463-46-350 463-46-355 463-46-360 463-46-365 463-46-370 463-46-375 463-46-390 463-46-400 Recommended timing for threshold determination.

[Order

112, S

463-46-305, filed 12/15/76.]

Repealed by 84 031 (Order 84-2), filed 9/14/84.

Statutory Authority:

RCW 80.50.040(1).

Threshold determination procedures--Environmental check-list.

[Order

112, S

463-46-310, filed 12/15/76.]

Repealed by 84-19-031 (Order 84-2), filed 9/14/84.

Stat-utory Authority:

RCW 80.50.040(1).

Threshold determination procedures--Initial review of environmental checklist.

[Order 112, S 463-46-320, filed 12/15/76.)

Repealed by 84-19-031 (Order 84-2),

filed 9/14/84.

Statutory Authority:

RCW 80.50.040(1).

Threshold determination procedures--Information in addi-filed filed tion to checklist.

[Order

112, S

463-46-330, 12/15/76.]

Repealed by 84-19-031 (Order 84-2),

9/14/84.

Statutory Authority:

RCW 80.50.040(1).

Threshold determination procedures--Negative declara-tions.

[Order

112, S

463-46-340, filed 12/15/76.]

Repealed by 84-19-031 (Order 84-2), filed 9/14/84.

Stat-utory Authority:

RCW 80.50.040(1).

Assumption of lead agency status by another agency with jurisdiction over a proposal--Prerequisites, effect and form of notice.

[Order

112, S

463-46-345, filed 12/15/76.]

Repealed by 84-19-031 (Order 84-2), filed 9/14/84.

Statutory Authority:

RCW 80.50.040(1).

Affirmative threshold determination.

[Order 112, S 463-46-350, filed 12/15/76.]

Repealed by 84-19-031 (Order 84-2),

filed 9/14/84.

Statutory Authority:

RCW 80.50.040(1).

Form of declaration of significance/nonsignificance.

[Order 112, S 463-46-355, filed 12/15/76.]

Repealed by 84-19-031 (Order 84-2), filed 9/14/84.

Statutory Author-ity:

RCW 80.50.040(1).

Threshold determination criteria--Application of environ-mental checklist.

[Order

112, S

463-46-360, filed 12/15/76.]

Repealed by 84-19-031 (Order 84-2),

filed 9/14/84.

Statutory Authority:

RCW 80.50.040(1).

Environmental checklist.

[Order 112, S 463-46-365, filed 12/15/76.]

Repealed by 84-19-031 (Order 84-2), filed 9/14/84.

Statutory Authority:

RCW 80.50.040(1).

Withdrawal of affirmative threshold determination.

[Order

112, S 463-46-370, filed 12/15/76.]

Repealed by 84-19-031 (Order 84-2), filed 9/14/84.

Statutory Author-ity:

RCW 80.50.040(1).

Withdrawal of negative threshold determination.

[Order

112, S

463-46-375, filed 12/15/76.]

Repealed by 84 031 (Order 84-2), filed 9/14/84.

Statutory Authority:

RCW 80.50.040(1).

Effect of threshold determination by lead agency.

[Order

112, S

463-46-390, filed 12/15/76.]

Repealed by 84 031 (Order 84-2), filed 9/14/84.

Statutory Authority:

RCW 80.50.040(1).

Duty to begin preparation of a draft EIS.

[Order 112, S 463-46-400, filed 12/15/76.]

Repealed by 84-19-031

[Ch. WAC-p 8]

8

463-46-405 463-46-410 463-46-420 463-46-425 463-46-440 463-46-442 463-46-444 463-46-450 463-46-455

• 463-46-460 463-46-465 463-46-470 463-46-480 463-46-485 ENERGY FACILITY SITE EVALUATION COUNCIEitle 463 Digest (Order 84-2),

filed 9/14/84.

Statutory Authority:

RCW 80.50.040(1).

Purpose and function of a draft EIS.

[Order 112, S 463-46-405, filed 12/15/76.]

Repealed by 84-19-031 (Order 84-2),

filed 9/14/84.

Statutory Authority:

RCW 80.50.040(1).

Predraft consultation procedures.

[Order 112, S 463 410, filed 12/15/76.]

Repealed by 84-19-031 (Order 84-2),

filed 9/14/84.

Statutory Authority:

RCW 80.50.040(1).

Preparation of EIS by persons outside the lead agency.

[Order

112, S 463-46-420, filed 12/15/76.]

Repealed by 84-19-031 (Order 84-2), filed 9/14/84.

Statutory Author-ity:

RCW 80.50.040(1).

Organization and style of a draft EIS.

[Order

112, S

463-46-425, filed 12/15/76.]

Repealed by 84-19-031 (Order 84-2), filed 9/14/84.

Statutory Authority:

RCW 80.50.040(1).

Contents of a draft EIS.

[Order 112, S 463-46-440, filed 12/15/76.]

Repealed by 84-19-031 (Order 84-2), filed 9/14/84.

Statutory Authority:

RCW 80.50.040(1).

Special considerations regarding contents of an EIS nonproject action.

[Order

112, S

463-46-442, 12/15/76.]

Repealed by 84-19-031 (Order 84-2),

9/14/84.

Statutory Authority:

RCW 80.50.040(1).

on a

filed filed List of elements of the environment.

[Order 112, S 463-46-444, filed 12/15/76.]

Repealed by 84-19-031 (Order 84-2),

filed 9/14/84.

Statutory Authority:

RCW 80.50.040(1).

Public awareness of availability of draft EIS.

[Order

112, S

463-46-450, filed 12/15/76~]

Repealed by 84 031 (Order 84-2), filed 9/14/84.

Statutory Authority:

RCW 80.50.040(1).

Circulation of the draft EIS--Review period.

[Order 112, S

463-46-455, filed 12/15/76.]

Repealed by 84-19-031 (Order 84-2), filed 9/14/84.

Statutory Authority:

RCW 80.50.040(1).

Specific agencies to which draft EIS shall be sent.

[Order 112, S 463-46-460, filed 12/15/76.]

Repealed by 84-19-031 (Order 84-2), filed 9/14/84.

Statutory Author~

ity:

RCW 80.50.040(1).

Agencies possessing environmental expertise.

[Order 112, S

463-46-465, filed 12/15/76.]

Repealed by 84-19-031 (Order 84-2), filed 9/14/84.

Statutory Authority:

RCW 80.50.040(1).

Cost to the public for reproduction of environmental doc-uments.

[Order

112, S

463-46-470, filed 12/15/76.]

Repealed by 84-19-031 (Order 84-2), filed 9/14/84.

Stat-utory Authority:

RCW 80.50.040(1).

Public hearing on a proposal--When required.

[Order 112, S 463-46-480, filed 12/15/76.]

Repealed by 84-19-031 (Order 84-2),

filed 9/14/84.

Statutory Authority:

RCW 80.50.040(1).

Notice of public hearing on environmental impact of the proposal.

[Order

112, S

463-46-485, filed 12/15/76.]

[Ch. WAC-p 9]

7

Title 463 DigestENERGY FACILITY SITE EVALUATION COUNCIL 463-46-490 463-46-495 463-46-500 463-46-510 463-46-520 463-46-530 463-46-535 463-46-540 463-46-545 463-46-550 463-46-570 463-46-580 463-46-600 Repealed by 84-19-031 (Order 84-2), filed 9/14/84.

Stat-utory Authority:

RCW 80.50.040(1?,

Public hearing on the proposal--Use of environmental doc-uments.

[Order

112, S

463-46-490, filed 12/15/76.]

Repealed by 84-19-031 (Order 84-2), filed 9/14/84.

Stat-utory Authority:

RCW 80.50.040(1).

Preparation of amended or new draft EIS.

[Order 112, S 463-46-495, filed 12/15/76.]

Repealed by 84-19-031 (Order 84-2),

filed 9/14/84.

Statutory Authority:

RCW 80.50.040(1).

Responsibilities of consulted agencies--Local agencies.

[Order

112, S 463-46-500, filed 12/15/76.]

Repealed by 84-19-031 (Order 84-2), filed 9/14/84.

Statutory Author-ity:

RCW 80.50.040(1).

Responsibilities of consulted agencies--State agencies with jurisdiction.

[Order

112, S

463-46-510, filed 12/15/76.]

Repealed by 84-19-031 (Order 84-2),

filed 9/14/84.

Statutory Authority:

RCW 80.50.040(1).

Responsibilities of consulted agencies--State agencies with environmental expertise.

[Order 112, S 463-46-520, filed 12/15/76.]

Repealed by 84-19-031 (Order 84-2),

filed 9/14/84.

Statutory Authority:

RCW 80.50.040(1).

Responsibilities of consulted agencies--When predraft consultation has occurred.

[Order 112, S 463-46-530, filed 12/15/76.]

Repealed by 84-19-031 (Order 84-2),

filed 9/14/84.

Statutory Authority:

RCW 80.50.040(1).

Cost of performance of consulted agency responsibilities.

[Order

112, S 463-46-535, filed 12/15/76.]

Repealed by 84-19-031 (Order 84-2), filed 9/14/84.

Statutory Author-ity:

RCW 80.50.040(1).

Limitations on responses to consultation.

[Order 112, S

463-46-540, filed 12/15/76.]

Repealed by 84-19-031 (Order 84-2), filed 9/14/84.

Statutory Authority:

RCW 80.50.040(1).

Effect of no written comment.

[Order 112, S 463-46-545, filed 12/15/76.]

Repealed by 84-19-031 (Order 84-2),

filed 9/14/84.

Statutory Authority:

RCW 80.50.040(1).

Preparation of the final EIS--Time period allowed.

[Order 112, S 463-46-550, filed 12/15/76.]

Repealed by 84-19-031 (Order 84-2), filed 9/14/84.

Statutory Author-ity:

RCW 80.50.040(1).

Preparation of the final EIS--Contents--When no critical comments received on the draft EIS.

[Order 112, S

463-46-570, filed 12/15/76.]

Repealed by 84-19-031 (Order 84-2),

filed 9/14/84.

Statutory Authority:

RCW 80.50.040(1).

Preparation of the final EIS--Contents--When critical comments received on the draft EIS.

[Order 112, S

463-46-580, filed 12/15/76.]

Repealed by 84-19-031 (Order 84-2),

filed 9/14/84.

Statutory Authority:

RCW 80.50.040(1).

Circulation of the final EIS.

[Order 112, S 463-46-600, filed 12/15/76.]

Repealed by 84-19-031 (Order 84-2),

filed 9/14/84.

Statutory Authority:

RCW 80.50.040(1).

[Ch. WAC-p 10]

I {)

463-46-650 463-46-652 463-46-660 463-46-690 463-46-695 463-46-700 463-46-830 463-46-840 463-46-910 ENERGY FACILITY SITE EVALUATION COUNCimitle 463 Digest Effect of an adequate final EIS prepared pursuant to NEPA.

[Order

112, S

463-46-650, filed 12/15/76.]

Repealed by 84-19-031 (Order 84-2), filed 9/14/84.

Stat-utory Authority:

RCW 80.50.040(1).

Supplementation by a lead agency of an inadequate final NEPA EIS.

[Order 112, S

463-46-652, filed 12/15/76.]

Repealed by 84-19-031 (Order 84-2), filed 9/14/84.

Stat-utory Authority:

RCW 80.50.040(1).

Use of previously prepared EIS for a different proposed action.

[Order

112, S

463-46-660, filed 12/15/76.]

Repealed by 84-19-031 (Order 84-2), filed 9/14/84.

Stat-utory Authority:

RCW 80.50.040(1).

Use of lead agency's EIS by other acting agencies for the_

same proposal.

[Order

112, S

463-46-690, filed 12/15/76.]

Repealed by 84-19-031 (Order 84-2),

filed 9/14/84.

Statutory Authority:

RCW 80.50.040(1).

Draft and final supplements to a revised EIS.

[Order 112, S 463-46-695, filed 12/15/76.]

Repealed by 84 031 (Order 84-2),

filed 9/14/84.

Statutory Authority:

RCW 80.50.040(1).

No action for seven days after publication of the final EIS.

[Order

112, S

463-46-700, filed 12/15/76.]

Repealed by 84-19-031 (Order 84-2), filed 9/14/84.

Stat-utory Authority:

RCW 80.50.040(1).

Responsibility of agencies--SEPA public information cen-ter.

[Order

112, S

463-46-830, filed 12/15/76.]

Repealed by 84-19-031 (Order 84-2), filed 9/14/84.

Stat-utory Authority:

RCW 80.50.040(1).

Application of agency guidelines to ongoing actions.

[Order

112, S 463-46-840, filed 12/15/76.]

Repealed by 84-19-031 (Order 84-2), filed 9/14/84.

Statutory Author-ity:

RCW 80.50.040(1).

Severability.

[Order 112, S 463-46-910, filed 12/15/76.]

Repealed by 84-19-031 (Order 84-2), filed 9/14/84.

Stat-utory Authority:

RCW 80.50.040(1).

[Ch. WAC-p 11]

WAC 463-06-010 463-06-020 463-06-030 463-06-040 463-06-050 463-06-060 463-06-070 463-06-080 463-06-090 463-06-100 463-06-110 463-06-120 463-06-130 463-06-140 463-06-150 463-06-160 463-06-170 GENERAL--ORGANIZATION--PUBLIC RECORDS Chapter 463-06 WAC GENERAL--ORGANIZATION--PUBLIC RECORDS Organization of this title.

Description of organization.

Council office--Business hours.

Semimonthly meetings.

463-06-010 General method by which operations are conducted.

Public records available.

Public records officer.

Contents of requests for public records.

Staff assistance.

Record of requests maintained.

Fees for copying.

Determination of exempt status.

Deletion of identifying details.

Written denials.

Review of denials.

Time for completion of review.

Records index.

WAC 463-06-010 ORGANIZATION OF THIS TITLE.

This title {Title 463 WAC) contains the regulations by which the energy facility site evalu-ation council (hereafter, the council) functions under state and fed-eral law.

Chapter 463-06 WAC contains general informational provisions relating to agency operation and public records handling which are required by the state Administrative Procedure Act and state laws relating to public records.

Chapter 463-10 WAC contains definitions of terms used throughout this title.

Chapter 463-14 WAC sets forth a number of significant policy and interpretive provisions relating to the scope and application of chap-ter 80.50 RCW and these rules.

Chapter 463-18 WAC deals with procedures for the conduct of busi-ness at regular and special council meetings.

Chapter 463-22 WAC sets forth procedures to be followed when a request for a potential site study is submitted under RCW 80.50.175.

Chapter 463-26 WAC sets forth procedures governing the public hearings referred to in RCW 80.50.090 (1), (2), and (4).

Chapter 463-30 WAC contains procedural provisions governing con-tested case hearings held pursuant to RCW 80.50.090(3).

Chapter 463-34 WAC outlines procedures for rule making and for obtaining declaratory rulings from the council.

Chapter 463-38 WAC contains procedure and guidelines relating to issuance of permits to discharge pollutants into Washington waters pursuant to federal law.

(3/21/84)

[Ch. 463-06 WAC-pl]

463-06-010 GENERAL--ORGANIZATION--PUBLIC RECORDS Chapter 463-42 WAC embodies council procedures and guidelines gov-erning preparation of applications for energy facility site certification.

Chapter 463-46 WAC contains guidelines relating to information which may have to be included in an application for site certification pursuant to the State Environmental Policy Act.

Chapter 463-50 WAC defines guidelines for the use of independent consultants pursuant to RCW 80.50.070 and 80.50.175.

Chapter 463-54 WAC sets forth procedures and guidelines for per-formance of surveillance monitoring by the council pursuant to RCW 8 O

• 5 0. O 4 0 ( 1-1 ).

[ 0 rd er 1 0 3, S 4 6 3-0 6-0 1 0, f i 1 e d 11 / 4 / 7 6. ]

WAC 463-06-020 DESCRIPTION OF ORGANIZATION.

(1) The voting mem-bership of the council consists of the authorized representatives of the member agencies listed in RCW 80.50.030.

In

addition, a

voting county representative, a voting city representative, and a nonvoting port district representative may sit with the council under the cir-cumstances described in RCW 80.50.030.

(2)

The chairman of the counci~ is the person appointed by the governor with the advice and consent of the senate to a term coexten-sive with that of the governor pursuant to RCW 80.50.030.

The chair-man serves full time, has a vote on all matters before the council and is officed at the council office.

The chairman may appoint a

confi-dential secretary to the chairman.

(3) The council has an executive secretary who is appointed by and serves at the pleasure of the council.

The executive secretary is responsible for the appointment and supervision of council staff.

All members of the council staff are officed at the council office.

[Statutory Authority:

RCW 80.50.040(1).

78-09-077 (Order 78-4), S 463-06-020, filed 8/28/78; Order 103, S 463-06-020, filed 11/4/76.)

WAC 463-06-030 COUNCIL OFFICE--BUSINESS HOURS.

The council office is located at

Rowesix, 4224 6th Avenue S.E., Olympia, Washington.

It is open each day for the transaction of business from 8:00 a.m.

to 5:00 p.m.,

Saturdays,

Sundays, and legal holidays excepted.

Notices, applications, business correspondence, or other communication should be sent to the council office.

[Statutory Authority:

RCW 80.50.040(1).

81-20-028 (Order 81-4),

S 463-06-030, filed 9/30/81; Order 103, S 463-06-030, filed 11/4/76.

Formerly WAC 463-20-060.)

WAC 463-06-040 SEMIMONTHLY MEETINGS.

Regular meetings of the council are held on the second and fourth Mondays of each month.

Reg-ular meetings may be canceled or rescheduled by approved council motion either by oral notice given at the preceding meeting or by the noticing procedure provided for special meetings pursuant to WAC 463-18-050.

[Statutory Authority:

RCW 80.50.040(1).

84-07-042 (Order 84-1),

S 463-06-040, filed 3/21/84; Order 103, S 463-06-040, filed 11/4/76.]

[Ch. 463-06 WAC-p 2]

(3/21/84)

GENERAL--ORGANIZATION--PUBLIC RECORDS 463-06-100 WAC 463-06-050 GENERAL METHOD BY WHICH OPERATIONS ARE CONDUCTED.

In-general, the council reaches major policy and operational decisions through formal council action at regular and special meetings.

In some circumstances, the chairman may perform duties which are specifi-cally authorized by the council.

Day-to-day administration is handled by the executive secretary and staff.

[Order 103, S 463-06-050, filed 11/4/76.]

WAC 463-06-060 PUBLIC RECORDS AVAILABLE.

All public records of the council are available for public inspection and copying at the council office pursuant to chapter 42.17 RCW and these

rules, except as otherwise provided by RCW 42.17.310 or any supetseding law.

[Order 103, S 463-06-060, filed 11/4/76. Formerly WAC 463-20-040.]

WAC 463-06-070 PUBLIC RECORDS OFFICER.

The council's public records officer is the executive secretary.

He is responsible for implementation of these and other applicable regulations regarding public records.

Correspondence regarding public records is to be addressed to the public records officer.

[Order 103, S 463-06-070, filed 11/4/76.

Formerly WAC 463-20-050.]

WAC 463-06-080 CONTENTS OF REQUESTS FOR PUBLIC RECORDS.

Public records may be inspected and copied by members of the public when a request is made in writing which reflects the following information:

(1) Name of the person requesting the records; and (2) The day on which the written request was prepared or submit-ted; and (3)

The nature of the request (to the extent that this may expe-dite compliance); and (4) If the matter requested is indexed, an appropriate index ref-erence; or (5)

If the requested matter is not identifiable by reference to the current index, an adequate description of the record requested; and (6)

A prominent statement that the request is being made pursuant to chapter 42.17 RCW and these regulations.

[Order 103, S 463-06-080, filed 11/4/76.

Formerly WAC 463-20-070.]

WAC 463-06-090 STAFF ASSISTANCE.

It is the obligation of the staff to assist requestors in identifying the public record requested.

Staff members who are dealing with requests will make a sincere effort to respond to each initial request within two working days of first receipt.

[Order 103, S 463-06-090, filed 11/4/76.]

WAC 463-06-100 RECORD OF REQUESTS MAINTAINED.

A record of requests for public records shall be maintained at the council office which shall reflect the date received and whether or not the request was

granted, in addition to other information deemed relevant by the council.

[Order 103, S 463-06-100, filed 11/4/76.]

(3/21/84)

[Ch. 463-06 WAC-p 3]

463-06-110 GENERAL--ORGANIZATION--PUBLIC RECORDS WAC 463-06-110 FEES FOR COPYING.

No fees are charged for inspec-tion of public records.

Requestors will be charged a

fee not to exceed 25 cents per page of copy for use of the council's copy equip-ment in cases where no significant staff time is taken up with the request.

In cases where significant staff time is taken up with the request, copying costs shall include the cost of said staff time.

Charges for costs of providing records shall be submitted and paid prior to delivery of documents; provided that this advance payment requirement shall not be required of other government agencies or par-ties or intervenors in proceedings before this council.

[Order 103, S 463-06-110, filed 11/4/76.

Formerly WAC 463-20-0SOL].

WAC 463-06-120 DETERMINATION OF EXEMPT STATUS.

Determination whether a requested record is exempt under the provisions of RCW 42.17.310 will be made in each instance.

[Order 103, S 463-06-120, filed 11/4/76.

Formerly WAC 463-20-090 (part).]

WAC 463-06-130 DELETION OF IDENTIFYING DETAILS.

Identifying details will be deleted by the council in cases where disclosure of such details would be an invasion of privacy under the laws of the state of Washington.

Written justification by the council for dele-tions will always accompany furnished records where deletions have been made.

[Order

103, S 463-06-130, filed 11/4/76.

Formerly WAC 463-20-090 (part).]

WAC 463-06-140 WRITTEN DENIALS.

All denials of requests are by written statement specifying the reasons for denial, including, where appropriate, a reference to the specific exemption and a brief expla-nation as to how the exemption applies to the record withheld.

[Order 103, S 463-06-140, filed 11/4/76.

Formerly WAC 463-20-090 (part).]

WAC 463-06-150 REVIEW OF DENIALS.

Any person is entitled to review of a public record request denial if written request for review is promptly made.

The request should specifically refer to the writ-ten statement constituting the denial.

Any such written request is to be promptly referred to the executive secretary of the council who shall either affirm or reverse the denial.

The executive secretary

may, in his discretion, request a special meeting of the council to review the denial if such action is requested in writing and is other-wise warranted.

[Order 103, S 463-06-150, filed 11/4/76.

Formerly WAC 463-20-100 (part).]

WAC 463-06-160 TIME FOR COMPLETION OF REVIEW.

When a written request for review of a denied public record request is made, a final decision will be made and written response will be given to the requestor within two business days.

If the written request for review is submitted at the council office substantially simultaneous with initial denial, then review shall be completed within two business days thereafter.

If the initial request and denial are made through the

mail, then review shall be completed within two business days

[Ch. 463-06 WAC-p 4)

(3/21/84)

Iv

GENERAL--ORGANIZATION--PUBLIC RECORDS 463-06-170 after receipt of the written request for review.

The review period cited above may be extended only as necessary and for good cause.

Where a request for council review at a regular or special meeting is

granted, review shall be complete on council action.

[Order 103, S 463-06-160, filed 11/4/76.

Formerly WAC 463-20-100 (part).]

WAC 463-06-170 RECORDS INDEX.

The council maintains an index of those classes of records described in RCW 42.17.260 which,is available for public inspection and copying.

[Order 103, S 463-06-170, filed 11/4/76.

Formerly WAC 463-20-111.]

(3/21/84)

[Ch. 463-06 WAC-p 5]

I b

WAC 463-10-010 Definitions.

DEFINITIONS Chapter 463-10 WAC DEFINITIONS 463-10-010 WAC 463-10-010 DEFINITIONS.

Except where otherwise indicated in the following chapters, the following terms have the meaning shown:

(1)

"Council" refers to the energy facility site evaluation coun-cil created pursuant to chapter 80.50 RCW and, where appropriate, to the staff of the council.

(2)

"Applicant" means the person or entity making application for a certification or permit covered by this title.

(3) "Contested case" means a proceeding conducted pursuant to RCW 80.50.090(3) and the state Administrative Procedure Act.

[Order 104, S 463-10-010, filed 11/4/76.]

(11/4/76)

[Ch. 463-10 WAC-pl]

I/

WAC 463-14-010

-463-14-020 463-14-030 463-14-040 463-14-050

,463-14-060 463-14-070 463-14-080 POLICY AND INTERPRETATION Chapter 463-14 WAC POLICY AND INTERPRETATION Purpose of this chapter.

Need for energy--Legislative intent binding.

Public hearings policy.

463-14-030 County, city and port district representatives--Segmen-tation of hearings and issues.

Preemption.

Open meetings with full discussion.

Integration of council activities with federal agency activities.

EFSEC deliberative process.

WAC 463-14-010 PURPOSE OF THIS CHAPTER.

The purpose of this chapter is to publicize significant policy determinations and inter-pretations by which the council is guided in implementing chapter 80.50 RCW and this title.

[Order 104, S 463-14-010, filed 11/4/76.]

WAC 463-14-020 NEED FOR ENERGY--LEGISLATIVE INTENT BINDING.

RCW 80.50.010 requires the council "to recognize the pressing need for increased energy facilities."

In acting upon any application forcer-tification, the council.action will be based on the policies and prem-ises set forth in RCW 80.50.010(1), (2), and (3).

[Order 104, S 463-14-020, filed 11/4/76.]

WAC 463-14-030 PUBLIC HEARINGS POLICY.

RCW 80.50.090 requires a

minimum of two public hearings concerning each site for which certifi-cation is sought.

The first of these is the local public hearing described in RCW 80.50.090(1) and (2) where the council is obligated to determine whether or not the proposed use of the site is consistent and in compliance with county or regional land use plans or zoning ordinances at the time of application.

However, in order to foster general public comment on the proposed site, the council will allow general public comment at such local public hearings, wherever possi-ble.

The council must also conduct a second public hearing as a con-tested case proceeding under chapter 34.04 RCW.

Although all persons desirous of participating may not be accorded "party" status in this proceeding, upon compliance with reasonable procedures, any person desiring to be heard shall be allowed to speak in favor of or in oppo-sition to the proposed facility after the close of the evidentiary hearing but prior to preparation of any recommendation to the gover-nor.

The council views the provisions of RCW 80.50.090(4) as author-izing it to conduct additional public hearings of either the "local (9/30/81)

[Ch. 463-14 WAC-pl]

I /f

463-14-030 POLICY AND INTERPRETATION public hearing" or "contested case proceeding" variety.

463-14-030, filed 11/4/76.]

[Order 104, S WAC 463-14-040

COUNTY, CITY AND PORT DISTRICT REPRESENTATIVES--

SEGMENTATION OF HEARINGS AND ISSUES.

RCW 80.50.030(4),

(5) and (6) necessitate segmentation of hearings and issues in instances where proposed energy facilities would extend beyond the boundaries of a

single county, city and/or port district.

[Statutory Authority:

RCW 80.50.040(1).

78-09-078 (Order 78-5), S 463-14-040, filed 8/28/78; Order 104, S 463-14-040, filed 11/4/76.]

WAC 463-14-050 PREEMPTION.

Chapter 80.50 RCW operates as a state preemption of all matters relating to energy facility sites.

Chapter 80.50 RCW certification is given in lieu of any

permit, certificate, or similar document which might otherwise be required.

[Order 104, S 463-14-050, filed 11/4/76.]

WAC 463-14-060 OPEN MEETINGS WITH FULL DISCUSSION.

All council proceedings are to be conducted in a manner consistent with the spirit of the state Open Meetings Act, and not merely according to the letter of that law.

To this same end, full and open discussion between coun-cil members themselves, as well as between council members, members of the staff and persons appearing before the council, shall be fostered and encouraged at all regular and special meetings.

[Order

104, S

463-14-060, filed 11/4/760]

WAC 463-14-070 INTEGRATION OF COUNCIL ACTIVITIES WITH FEDERAL AGENCY ACTIVITIES.

In consonance with RCW 80.50.040(12), the council hereby adopts a policy of holding joint hearings, whenever practical and desirable, with federal agencies having jurisdiction over matters affecting certification under chapter 80.50 RCW.

[Order 104, S 463-14-070, filed 11/4/76.]

WAC 463-14-080 EFSEC DELIBERATIVE PROCESS.

RCW 80.50.100 requires the council to report to the governor its recommendation as to the approval or rejection of an application for certification.

In order for the council to develop such a recommendation it shall uti-lize a deliberative process for analysis and evaluation of an applica-tion to determine compliance with the intent and purpose of chapter 463-42 WAC.

The council will contract for an independent consultant study of the application.

An environmental impact statement also will be adopted.

The council during the deliberative process will conduct an exten-sive public hearing as a contested case for the presentation of evi-dence on the application.

The council will conduct sessions for the taking of public testimony concerning the proposed project.

The coun-cil will evaluate public comments received as part of the environmen-tal review.

The council throughout all of the deliberative process will consider any laws or ordinances, rules or regulations which may be preempted by certification.

The council in open session, when

[Ch. 463-14 WAC-p 2]

(9/30/81) r I

POLICY AND INTERPRETATION 463-14-080 fully satisfied that all consider and by majority or rejection of an 80.50.040(1).

81-20-028 (9/30/81) issues have been adequately discussed will decision will act on the question of approval application.

[Statutory Authority:

RCW (Order 81-4), S 463-14-080, filed 9/30/81.]

[Ch. 463-14 WAC-p 3]

WAC 463-18-010 463-18-020 463-18-030 463-18-040 463-18-050 463-18-060 463-18-070 463-18-080 REGULAR AND SPECIAL COUNCIL MEETINGS Chapter 463-18 WAC PROCEDURE--REGULAR AND SPECIAL COUNCIL MEETINGS Purpose of this chapter.

Governing procedure.

Quorum.

Delegation of duties.

Special meetings.

Procedure in the absence of the chai~man.

Council duties of acting chairman.

463-18-050 County, city and port district representatives--

Participation.

WAC 463-18-010 PURPOSE OF THIS CHAPTER.

This chapter delineates procedures to be followed in the conduct of council business at regu-lar and special meetings.

[Order 105, S 463-18-010, filed 11/4/76.]

WAC 463-18-020 GOVERNING PROCEDURE.

council business at regular and special meetings is conducted according to Roberts Rules of Order except as suspended by majority vote.

To the extent that any con-tested case proceeding is dealt with at regular or special meeting of the council, it is to be governed by the procedures set forth in chap-ters 463-30 and 463-38 WAC.

[Order 105, S 463-18-020, filed 11/4/76.]

WAC 463-18-030 QUORUM.

A majority of the voting council members constitutes a quorum for the conduct of council business.

[Order 105, S 463-18-030, filed 11/4/76.]

WAC 463-18-040 DELEGATION OF DUTIES.

The chairman or any member of the council may perform such duties as are specifically authorized and directed by the council.

[Order

105, S

463-18-040, filed 11/4/76.]

WAC 463-18-050 SPECIAL MEETINGS.

A special meeting may be called at any time by the chairman or by a majority of the members of the council by delivering personally or by mail written notice to each member; and to each local newspaper of general circulation and to each local radio or television station which has on file a written request to be notified of such special meetings of or all special meetings.

Such notice must be delivered personally or by mail at least twenty-four hours before the time of such meeting as specified in the notice.

The call and notice shall specify the time and place of the special meeting and the business to be transacted.

Final disposition shall (11/4/76)/1978 (8/28/78)

[Ch. 463-18 WAC-pl]

,l 463-18-050 REGULAR AND SPECIAL COUNCIL MEETINGS not be taken on any other matter at such meetings.

Such written notice may be dispensed with as to any member who at or prior to the time the meeting convenes files with the executive secretary a written waiver of notice.

Such waiver may be given by telegram.

Such written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes.

The notices provided in this section may be dispensed with in the event a special meeting is called to deal with an emergency involving injury or damage to per-sons or property or the likelihood of such injury or damage, when time requirements of such notice would make notice impractical and increase the likelihood of such injury or damage.

[Order

105, S

463-18-050, filed 11/4/76.]

WAC 463-18-060 PROCEDURE IN THE ABSENCE OF THE CHAIRMAN.

Pursu-ant to RCW 80.50.030 the chairman may designate a member of the coun-cil to serve as

~cting chairman in the event of the chairman's absence.

[Statutory Authority:

RCW 80.50.040(1).

78-09-079 (Order 78-6),

S 463-18-060, filed 8/28/78; Order 105, S 463-18-060, filed 11/4/76.]

WAC 463-18-070 member designated remain entitled to tinue to fulfill sents.

[ Statutory 6), S 463-18-070, 11/4/76.]

COUNCIL DUTIES OF ACTING CHAIRMAN.

Any council by the council chairman as acting chairman shall vote on any proposed council action and shall con-his responsibilities to the agency which he repre-Authority:

RCW 80.50.040(1).

78-09-079 (Order 78-filed 8/28/78; Order

105, S

463-18-070, filed WAC 463-18-080

COUNTY, CITY AND PORT DISTRICT REPRESENTATIVES--

PARTICIPATION.

To the extent that council action involves site certi-fication matters relating to any county, city or port district or any combination thereof in which an energy facility is sought to be located, they shall be separated and divided to allow individual county, city and/or port representatives to participate in discussion;

however, voting on issues shall be as permitted by WAC 463-06-020.

[Statutory Authority:

RCW 80.50.040(1).

78-09-079 (Order 78-6),

S 463-18-080, filed 8/28/78; Order 105, S 463-18-080, filed 11/4/76.]

[Ch. 463-18 WAC-p 2]

(11/4/76)/1978 (8/28/78)

WAC 463-22-010 463-22-020 463-22-030 463-22-040 463-22-050 463-22-060 463-22-070 463-22-080 463-22-090 POTENTIAL SITE STUDIES Chapter 463-22 WAC PROCEDURE AND GUIDELINES--POTENTIAL SITE STUDIES Purpose of this chapter.

Potential site study--Where submitted.

Potential site study--Fee.

Potential site study--Contents.

Retention of consultant.

Notification of local authorities.

463-22-050 Independent consultant study--No preliminary approval.

Procedure where application precedes conclusion of study.

Additional costs procedure.

WAC 463-22-010 PURPOSE OF THIS CHAPTER.

This chapter sets forth procedure and guidelines for processing potential sites studies pursu-ant to RCW 80.50.170 and 80.50.175.

[Order 106, S 463-22-010, filed 11/4/76.]

WAC 463-22-020 POTENTIAL SITE STUDY--WHERE SUBMITTED.

Requests shall be submitted to the energy facility site evaluation council at the council office in writing.

[Order

106, S 463-22-020, filed 11/4/76.]

WAC 463-22-030 POTENTIAL SITE STUDY--FEE.

A fee of $10,000 shall accompany the study request and shall be a condition precedent to any action by the council.

Payment shall be made by a cashier's check payable to the state treasurer.

[Order

106, S

463-22-030, filed 11/4/76.]

WAC 463-22-040 POTENTIAL SITE STUDY--CONTENTS.

A request for potential site study is to include a legal description of the proposed site, a general description of the area in which the proposed energy facility is to be located, and a description of the type, size, and

• significant features of the proposed facility itself.

The council may require further information which it deems necessary to complete the request.

[Order 106, S 463-22-040, filed 11/4/76.]

WAC 463-22-050 RETENTION OF CONSULTANT.

Upon determining that the request is complete, the council will commission an independent consultant of its choice to study and report in writing to the council on the potential site.

The report of study will set forth analysis of the potential environmental impact of the proposed energy facility and will iden,tify significant areas of environmental concern.

The study (11/4/76)/1978 (8/28/78)

[Ch. 463-22 WAC-pl]

463-22-050 POTENTIAL SITE STUDIES may also encompass whatever other matters the council and potential applicant deem essential for an adequate appraisal of the potential site.

[Order 106, S 463-22-050, filed 11/4/76.]

WAC 463-22-060 NOTIFICATION OF LOCAL AUTHORITIES.

Upon receipt of a

request for study of a potential site, the council will give notice to the legislative authority in each county, city and port dis-trict within whose boundaries the site of the proposed energy facility is located.

[Statutory Authority:

RCW 80.50.040(1).

78-09-080 (Order 78-7),

S 463-22-060, filed 8/28/78: Order 106, S 463-22-060, filed 11/4/76.]

WAC 463-22-070 INDEPENDENT CONSULTANT STUDY--NO PRELIMINARY APPROVAL.

Nothing stated or recommended by the consultant, either during the study stage or in its report, shall be interpreted as pre-liminary approval or disapproval of the potential site by the council.

[Order 106, S 463-22-070, filed 11/4/76.]

WAC 463-22-080 PROCEDURE WHERE APPLICATION PRECEDES CONCLUSION OF STUDY.

In the event an application for certification is made prior to completion of the study, the council may terminate the study prior to completion.

[Order 106, S 463-22-080, filed 11/4/76.]

WAC 463-22-090 ADDITIONAL COSTS PROCEDURE.

In the event that the council determines that the initial fee of $10,000 is insufficient to adequately fund the potential site study, the council shall so advise the potential applicant and shall furnish an estimate of the supple-mental fees needed to complete the study.

In no event shall the study be allowed to continue if the potential applicant has not agreed to pay the cost thereof.

[Order 106, S 463-22-090, filed 11/4/76.]

[Ch. 463-22 WAC-p 2]

(11/4/76)/1978 (8/28/78)

PROCEDURE--INITIAL PUBLIC HEARING 463-26-040 Chapter 463-26 WAC PROCEDURE--INITIAL PUBLIC HEARING AND PUBLIC INFORMATION MEETING WAC 463-26-010 463-26-020 463-26-030 463-26-040 463-26-050 463-26-060 463-26-070 463-26-080 463-26-090 463-26-100 463-26-110 463-26-120 463-26-130 Purpose of this chapter.

Notification of local authorities.

News releases.

Adversary nature of hearings.

Purpose for hearing.

Public announcement--Testimony.

Introduction of counsel for the environment.

Explanation of entire certification process.

Procedure where certificates affirming compliance with zoning ordinances or land use plans are presented.

Procedure where no certificates relating to zoning ordi-nances or land use plans are presented.

Determination regarding zoning or land use.

Initial determination subject to review.

Public information meeting.

WAC 463-26-010 PURPOSE. OF THIS CHAPTER.

This chapter sets forth the procedures to be followed in the conduct of the initial public hearing held pursuant to RCW 80.50.090(1) and the public informational meeting described in WAC 463-26-130.

[Order 109, S 463-26-010, filed 11/16/76.]

WAC 463-26-020 NOTIFICATION OF LOCAL AUTHORITIES.

Before sched-uling the initial public hearing, the council will notify the legisla-tive authority in each county, city and port district within whose boundaries the site of the proposed energy facility is located.

[Statutory Authority:

RCW 80.50.040(1).

78-09-081 (Order 78-8),

S 463-26-020, filed 8/28/78; Order 109, S 463-26-020, filed 11/16/76.]

WAC 463-26-030 NEWS RELEASES.

It shall be the responsibility of the executive secretary to furnish appropriate news releases to local media outlets at least 10 days in advance of the initial public hear-ing and informational meetings conducted pursuant to this chapter.

[Order 109, S 463-26-030, filed 11/16/76.]

WAC 463-26-040 ADVERSARY NATURE OF HEARINGS.

The initial public hearing conducted pursuant to this chapter shall be conducted as adversary proceeding.

[Order 109, S 463-26-040, filed 11/16/76.)

(11/16/76)/1978 (8/28/78)

[Ch. 463-26 WAC-pl]

463-26-050 PROCEDURE--INITIAL PUBLIC HEARING WAC 463-26-050 PURPOSE FOR HEARING.

At the commencement of the initial public hearing, the council shall explain that the purpose of the initial hearing under RCW 80.50.090(1) is to determine whether the proposed facility is consistent and in compliance with county or regional land use plans or zoning ordinances and that this matter shall have priority.

Pursuant to RCW 80.50.020(15) "land use plan" means a comprehensive plan or land use element thereof adopted by a

unit of local government under chapters 35.63, 35A.63, or 36.70 RCW.

Pursuant to RCW 80.50.020(16) "zoning ordinance" means an ordinance of local government regulating the use of land and adopted pursuant to chapters 35.63, 35A.63, or 36.70 RCW or Article XI of the state con-stitution.

[Statutory Authority:

RCW 80.50.040(1).

78-09-081 (Order 78-8), S 463-26-050, filed 8/28/78; Order

109, S

463-26-050, filed 11/16/76.]

WAC 463-26-060 PUBLIC ANNOUNCEMENT--TESTIMONY.

At the outset of the initial public hearing, the council shall publicly announce that opportunity for testimony by anyone shall be allowed relative to the consistency and compliance with county or regional land use plans or zoning ordinances.

[Order 109, S 463-26-060, filed 11/16/76.]

WAC 463-26-070 INTRODUCTION OF COUNSEL FOR THE ENVIRONMENT.

The council shall invite the counsel for the environment to be present at the initial public hearing.

Counsel for the environment shall be introduced and afforded an opportunity to explain his or her statutory duties under ~hapter 80.50 RCW.

[Order

109, S

463-26-070, filed 11/16/76.]

WAC 463-26-080 EXPLANATION OF ENTIRE CERTIFICATION PROCESS.

At the commencement of the hearing, the council shall generally explain the entire hearing process as set forth in RCW 8,.50.090 and these regulations.

[Order 109, S 463-26-080, filed 11/16/76.]

WAC 463-26-090 PROCEDURE WHERE CERTIFICATES AFFIRMING COMPLIANCE WITH ZONING ORDINANCES OR LAND USE PLANS ARE PRESENTED.

This rule contemplates that applicants will enter as exhibits, at the

hearing, certificates from local authorities attesting to the fact that the proposal is consistent and in compliance with county or regional land use plans or zoning ordinances.

In cases where this is done, such certificates will be regarded as ~rima facie proof of consistency and compliance with such zoning ordinances or land use plans absent con-trary demonstration by anyone present at the hearing.

[Order

109, S

463-26-090, filed 11/16/76.]

WAC 463-26-100 PROCEDURE WHERE NO CERTIFICATES RELATING TO ZONING ORDINANCES OR LAND USE PLANS ARE PRESENTED.

In cases where no certif-icates relating to zoning or land use are presented to the council, then the applicant will be required to demonstrate compliance with local zoning or land use plans as part of its presentation.

Local

[Ch. 463-26 WAC-p 2]

(11/16/76)/1978 (8/28/78)

PROCEDURE--INITIAL PUBLIC HEARING 463-26-130 authorities shall then be requested to testify on the question of con-sistency and compliance with county or regional land use plans or zon-ing ordinances.

[Order 109, S 463-26-100, filed 11/16/76.]

WAC 463-26-110 DETERMINATION REGARDING ZONING OR LAND USE.

Prior to the conclusion of the hearing, the council shall make a determina-tion as to whether the proposed site is consistent and in compliance with land use plans or zoning ordinances pursuant to RCW 80.50.090(2).

[Order 109, S 463-26-110, filed 11/16/76.]

WAC 463-26-120 INITIAL DETERMINATION SUBJECT TO REVIEW.

At the time that the determination on zoning or land use planning is made, the council shall explain that this determination may be reopened later during the course of a contested case hearing by the parties to that proceeding when good cause is shown.

[Order 109, S

463-26-120, filed 11/16/76.]

WAC 463-26-130 PUBLIC INFORMATION MEETING.

The council shall conduct at least one public information meeting concerning each appli-cation.

At this meeting, the council will present the general proce-dure to be followed in processing the application including a

tentative sequence of council actions, the rights and methods of par-ticipation by local government in the process, and the means and opportunities for the general public to participate.

The applicant shall make a presentation of the proposed project utilizing appropriate exhibits.

The presentation shall include:

A general description of the project and the proposed site; reasons why the proposed site or location was selected; and a summary of antici-pated environmental, social, and economic impacts.

The general public will be afforded an opportunity to present written or oral comments relating to the proposed project.

The com-ments will not be part of the contested case record.

The informational meeting will be held in the general proximity of the proposed project.

Whenever feasible it will be held in conjunc-tion with the land use or zoning hearing as a separate and independent order of business.

[Order 109, S 463-26-130, filed 11/16/76.]

(11/16/76)/1978 (8/28/78)

[Ch. 463-26 WAC-p 3]

WAC 463-28-010 463-28-020 463-28-030 463-28-040 463-28-050 463-28-060 463-28-070 463-28-080 463-28-090 PROCEDURE--STATE PREEMPTION Chapter 463-28 WAC PROCEDURE--STATE PREEMPTION Purpose and scope.

Authority of council--Preemption by state.

Determination of noncompliance--Procedures.

Inability to resolve noncompliance.

Failure to request preemption.

463-28-030 Request for preemption--Contested case.

Certification--Conditions--State/local interests.

Preemption--Failure to justify.

Governing rules.

WAC 463-28-010 PURPOSE AND SCOPE.

This chapter sets forth proce-dures to be followed by the council in determining whether to recom-mend to the governor that the state preempt local land use plans or zoning ordinances for a

site or portions of a site for an energy facility.

[Statutory Authority:

RCW 80.50.040(1).

78-07-036 (Order 78-3), S 463-28-010, filed 6/23/78.]

WAC 463-28-020 AUTHORITY OF COUNCIL--PREEMPTION BY STATE.

The authority of the council is contained in RCW 80.50.040(1) and 80.50.110(2) which provides that the state preempts the regulation and certification of the location, construction, and operational condi-tions of certification of energy facilities.

[Statutory Authority:

RCW 80.50.040(1).

78-07-036 (Order 78-3),

S 463-28-020, filed 6/23/78.]

WAC 463-28-030 DETERMINATION OF NONCOMPLIANCE--PROCEDURES.

If the council determines during the hearing required by RCW 80.50.090 that the site of a proposed energy facility or any portion of a

site is not consistent and in compliance with existing land use plans or zoning ordinances in effect at the date of the application, the fol-lowing procedures shall be observed:

(1)

As a condition necessary to continue processing the applica-tion, it shall be the responsibility of the applicant to make the nec-essary application for change in, or permission under, such land use plans or zoning ordinances, and make all reasonable efforts to resolve the noncompliance.

(2)

All council proceedings on the application for certification may be stayed at the request of the applicant during the period when the plea for resolution of noncompliance is being processed by local authorities.

(3/31/83)

[Ch. 463-28 WAC-pl]

28

463-28-030 PROCEDURE--STATE PREEMPTION (3) The applicant shall submit regular reports to the council regarding the status of negotiations with local authorities on noncom-pliance, issues.

[Statutory Authority:

RCW 80.50.040(1).

78-07-036 (Order 78-3), S 463-28-030, filed 6/23/78.]

WAC 463-28-040 INABILITY TO RESOLVE NONCOMPLIANCE.

Should the applicant report that efforts to resolve noncompliance issues with local authorities have not been successful, then, if applicant elects to continue processing the application, the applicant shall file a written request for state preemption as authorized in WAC 463-28-020 within ninety days after completion of the public hearing required by RCW 80.50.090, or later if mutually agreed by the applicant and the council.

The request shall address the following:

(1)

That the applicant has demonstrated a good faith effort to resolve the noncompliance issues.

(2) That the applicant and the local authorities are unable to reach an agreement which will resolve the issues.

(3)

That alternate locations which are within the same county and city have been reviewed and have been found unacceptable.

(4) Interests of the state as delineated in RCW 80.50.010.

[Stat-utory Authority:

RCW 80.50.040(1).

78-07-036 (Order 78-3), S 463 040, filed 6/23/78.]

WAC 463-28-050 FAILURE TO REQUEST PREEMPTION.

Where noncompli-ance is at issue, failure of the applicant to file the written request as required in WAC 463-28-040 within the time permitted shall be suf-ficient grounds for the council to recommend to the governor denial of certification.

[Statutory Authority:

RCW 80.50.040(1).

78-07-036 (Order 78-3), S 463-28-050, filed 6/23/78.]

WAC 463-28-060 REQUEST FOR PREEMPTION--CONTESTED CASE.

Should applicant elect to continue processing the application and file a

request with the council for state preemption, the council will sched-ule a

contested case.hearing on the application as specified under chapter 463-30 WAC.

The council shall determine during the contested case proceeding whether to recommend to the governor that the state should preempt the local land use plans or zoning ordinances for a

site or portions of a site for the energy facility proposed by the applicant.

The factors to be evidenced under this issue are those set forth in WAC 463-28-040.

The determination of preemption shall be by council

order, and shall be included in its recommendation to the governor pursuant to RCW 80.50.100.

[Statutory Authority:

RCW 80.50.040(1).

83-08-031 (Order 83-2), § 463-28-060, filed 3/31/83; 78-07-036 (Order 78-3), S 463-28-060, filed 6/23/78.]

WAC 463-28-070 CERTIFICATION--CONDITIONS--STATE/LOCAL INTERESTS.

If the council approves the request for preemption it shall include conditions in the draft certification agreement which give due consid-eration to state or local governmental or community interests affected by the construction or operation of the energy facility and the pur-poses of laws or ordinances, or rules or regulations promulgated

[Ch. 463-28 WAC-p 2]

(3/31/83)

PROCEDURE--STATE PREEMPTION 463-28-090 thereunder that are preempted or superseded pursuant to RCW 80.50.110(2).

[Statutory 'Authority:

RCW 80.50.040(1).

78-07-036 (Order 78-3), S 463-28-070, filed 6/23/78.]

WAC 463-28-080 PREEMPTION--FAILURE TO JUSTIFY.

During the con-tested case hearing, if the council determines that the applicant has failed to justify the request for state preemption, the council shall do so by issuance of an order accompanied by findings of fact and con-clusions of law.

Concurrent with the issuance of its order, the coun-cil shall report to the governor its recommendation for rejection of certification of the energy facility proposed by the applicant.

[Statutory Authority:

RCW 80.50.040(1).

78-07-036 (Order 78-3), S 463-28-080, filed 6/23/78.]

WAC 463-28-090 GOVERNING RULES.

Applications for certification of the energy facilities made prior to July 15, 1977 shall continue to be governed by the applicable rules in effect on the day immediately preceding July 15, 1977.

[Statutory Authority:

RCW 80.50.040(1).

78-07-036 (Order 78-3), S 463-28-090, filed 6/23/78.]

(3/31/83)

[Ch. 463-28 WAC-p 3]

WAC 463-30-010 463-30-020 463-30-030 463-30-050 463-30-060 463-30-070 463-30-080 463-30-090 463-30-100 463-30-110 463-30-120 463-30-130 463-30-140 463-30-150 463-30-160 463-30-170 463-30-180 463-30-190 463-30-200 463-30-210 463-30-220 463-30-230 463-30-240 463-30-250 463-30-260 463-30-270 463-30-280 463-30-290 463-30-295 463-30-300 463-30-310 463-30-320 463-30-330 463-30-340 463-30-350 463-30-360 463-30-370 463-30-380 463-30-390 463-30-400 463-30-410 463-30-420 (12/22/82)

P~OCEDORE--CONTESTED CASE HEARINGS Ch. 463-30 Digest Chapter 463-30 WAC PROCEDURE--CONTESTED CASE HEARINGS Purpose and scope of this chapter.

Council conducted hearings and administrative law judges.

Use of the term "council."

Status of agencies and agency members in contested cases.

Definitions--Persons and parties.

Pleadings--Legibility.

Commencement of contested case proceedings.

Publicity--Commencement of contested case proceedings.

Appearance and practice before the council.

Notice and opportunity to be heard--Time.

Service--By whom served.

Service--Upon whom served.

Waiver of service--Filing.

Service--Method of service.

Service--When service complete.

Proof of service--Filing with council.

Proof of service--Method.

Limited discovery practice.

Subpoenas--Practice.

Depositions and interrogatories--Practice.

Request for production.

Official notice--Matters of law.

Official notice--Material facts.

Stipulations and admissions of record.

Definition of issues before hearing.

Prehearing conferences prior to hearing.

Attendance by council members at prehearing conferences.

Prehearing conference record of action.

Orders regarding procedure, scheduling and substantive issues.

Hearing schedule guidelines.

Rules of evidence.

Proposed council order or recommendation.

Proposed order--Exceptions.

Proposed order--Contents of exceptions.

Replies to exceptions.

Replies to exceptions--Contents.

Exceptions and replies to exceptions--Briefs and arguments.

Adoption of proposed order.

Recommendation--Transmittal to governor.

Intervention.

Participation by intervenor.

Participation by county, city and po~t district representatives.

[Ch. 463-30 WAC-pl]

Ch. 463-30 Digest PROCEDURE--CONTESTED CASE HEARINGS DISPOSITION OF SECTIONS FORMERLY CODIFIED IN THIS CHAPTER 463-30-040 Hearing examiner designation.

[Order 109, S 463-30-040, filed 11/16/76.]

Repealed by 82-10-027 (Order 82-2),

filed 4/30/82.

Statutory Authority:

RCW 80.50.040(1).

WAC 463-30-010 PURPOSE AND SCOPE OF THIS CHAPTER.

The purpose of this chapter is to set forth procedures by which contested case hear-ings are to be conducted before the council.

Except as indicated

herein, the uniform procedural rules set forth in chapter 1-08 WAC shall not apply to contested case hearings before the council.

[Order 109, S 463-30-010, filed 11/16/76.]

WAC 463-30-020 COUNCIL CONDUCTED HEARINGS AND ADMINISTRATIVE LAW JUDGES.

The council may conduct contested case hearings pursuant to chapter 80.50 RCW or it may utilize an administrative law judge pro-vided by the office of administrative hearings pursuant to chapter 34.12 RCW.

In the event the council elects to conduct the

hearing, the hearing shall be governed by the regulations and procedures con-tained in this chapter as applicable.

[Statutory Authority:

RCW 80.50.040(1).

82-10-027 (Order 82-2), S 463-30-020, filed 4/30/82; Order 109, S 463-30-020, filed 11/16/76.]

WAC 463-30-030 USE OF THE TERM "COUNCIL."

The term "council,"

for purpose of this chapter, shall refer to the members of the energy facility site evaluation council as constituted by law, or a panel of such members.

[Statutory Authority:

RCW 80.50.040(1).

82-10-027 (Order 82-2), S 463-30-030, filed 4/30/82; Order

109, S

463-30-030, filed 11/16/76.]

WAC 463-30-050 STATUS OF AGENCIES AND AGENCY MEMBERS IN CONTESTED CASES.

All state agencies having members on the council are deemed to be parties to any contested case before the council.

For purpose of any contested case hearing, however, the agency representative on the council shall be deemed to be a member of the council and not a member of the agency.

It shall be proper for the agency representative on the council to maintain liaison with the represented agency, excepting those agency employees actively involved in the contested case pro-ceedings.

[Order 109, S 463-30-050, filed 11/16/76.]

WAC 463-30-060 DEFINITIONS--PERSONS AND PARTIES.

The terms "per-son" and "party" when used in this chapter shall have the following meanings.

The term* "person" shall be defined according to RCW 80.50.020(3).

The term "party" shall mean and be limited to the following:

(1) The "applicant" as defined in RCW 80.50.020(1).

[Ch. 463-30 WAC-p 2]

(12/22/82)

PROCEDURE--CONTESTED CASE HEARINGS 463-30-120 (2) Each "member agency" as defined in RCW 80.50.020(16).

(3)

The "counsel for the environment" as defined in RCW 80.50.020(13).

(4)

Each person admitted to a contested case proceeding as an "intervenor," provided that the council order granting intervention specifically provides that such person shall be a party to the pro-ceeding, and provided further that such person shall be a party only for such purposes and subject to such limitations and conditions as may be specified in the council order granting intervention.

[Order 109, S 463-30-060, filed 11/16/76.]

WAC 463-30-070 PLEADINGS--LEGIBILITY.

All typewritten, mimeographed, or printed except for

[Order 109, S 463-30-070, filed 11/16/76.]

pleadings shall be good cause shown.

WAC 463-30-080 COMMENCEMENT OF CONTESTED CASE PROCEEDINGS.

Con-tested case proceedings pursuant to RCW 80.50.090(3) shall be com-menced upon issuance of a formal notice of hearing by the council.

[Statutory Authority:

RCW 80.50.040(1).

81-07-019 (Order 81-1),

S 463-30-080, filed 3/11/81; Order 109, S 463-30-080, filed 11/16/76.]

WAC 463-30-090 PUBLICITY--COMMENCEMENT OF CONTESTED CASE PROCEED-INGS.

Upon the filing of an application for certification, the coun-cil shall prepare an appropriate statement for dissemination to the news media which shall:

(1)

Describe all actions taken to date regarding the proposed site, and (2) state clearly that any person may be allowed to present timely written or oral argument for or against the proposed site to be certified and that advance written notice within a reasonable time shall be required of persons who desire to argue orally.

[Order 109, S 463-30-090, filed 11/16/76.]

WAC 463-30-100 APPEARANCE AND PRACTICE BEFORE THE COUNCIL.

In determining who shall be entitled to appear and practice before the

council, the council will be guided by the provisions of WAC 1-08-040 through 1-08-060.

[Order 109, S 463-30-100, filed 11/16/76.]

WAC 463-30-110 NOTICE AND OPPORTUNITY TO BE HEARD--TIME.

In all cases where a hearing is requested by a party or directed by the coun-cil, parties shall be served with notice within the time required by any governing statute.

In the absence of a

statutory requirement, then notice shall be given not less than 20 days prior to the date set for hearing.

The notice shall state the time, place, and issues involved.

These notice provisions may be waived by the council for good cause shown after assurance that waiver would not substantially affect the rights of any other party.

[Order 109, S 463-30-110, filed 11/16/76.]

to WAC 463-30-120 be served all (12/22/82)

SERVICE--BY WHOM SERVED.

The council shall cause

orders, notices, and other papers issued by it,

[Ch. 463-30 WAC-p 3]

463-30-120 PROCEDURE--CONTESTED CASE HEARINGS together with any other papers which it is required by law Every other paper shall be served by the party filing it.

S 463-30-120, filed 11/16/76.]

to serve.

[Order 109, WAC 463-30-130 SERVICE--UPON WHOM SERVED.

All papers served in connection with an application shall be served upon all members of the council and upon parties, their counsel of record, or upon agents des-ignated to receive service, subject to the exceptions set forth in the following section.

[Order 109, S 463-30-130, filed 11/16/76.]

WAC 463-30-140 WAIVER OF SERVICE--FILING.

Any party may file a

waiver of service with the council in any contested case proceeding.

In the event of such filing, there shall be no further requirement to effect service upon such party.

It is the intent and purpose of this section to enable parties to effect a sizable reduction in. required service upon parties who are and wish to remain inactive in the con-tested case proceeding.

[Order 109, S 463-30-140, filed 11/16/76.]

WAC 463-30-150 SERVICE--METHOD OF SERVICE.

Service of papers may be made personally or by first-class, registered or certified mail, or by telegraph.

[Order 109, S 463-30-150, filed 11/16/76.]

WAC 463-30-160 SERVICE--WHEN SERVICE COMPLETE.

Service by mail shall be deemed complete upon deposit in the U.S. mail, properly stamped and addressed.

Service by telegraph shall be deemed complete when deposited with a

telegraph

company, properly addressed with charges prepaid.

[Order 109, S 463-30-160, filed 11/16/76.]

WAC 463-30-170 PROOF OF SERVICE--FILING WITH COUNCIL.

Papers required to (be]

filed with the council shall be deemed filed upon actual receipt by the council at its office accompanied by proof of service upon parties required to be served.

[Order 109, S 463-30-170, filed 11/16/76.]

WAC 463-30-180 PROOF OF SERVICE--METHOD.

Proof of service should be made in the same manner as in the superior court of the state of Washington.

[Order 109, S 463-30-180, filed 11/16/76.]

WAC 463-30-190 LIMITED DISCOVERY PRACTICE.

Formal discovery devices in contested case proceedings shall consist of subpoenas, depositions, interrogatories, and requests for production.

[Order 109, S 463-30-190, filed 11/16/76.]

WAC 463-30-200 SUBPOENAS--PRACTICE.

The council practice regard~

ing subpoenas shall substantially conform to the provisions of WAC 1-08-150 through 1-08-220.

[Order 109, S 463-30-200, filed 11/16/76.]

[Ch. 463-30 WAC-p 4]

(12/22/82)

PROCEDURE--CONTESTED CASE HEARINGS 463-30-260 WAC 463-30-210 DEPOSITIONS AND INTERROGATORIES--PRACTICE.

Coun-cil practice regarding depositions and interrogatories shall be gov-erned by the provisions of WAC 1-08-230 through 1-08-360.

[Order 109, S 463-30-210, filed 11/16/76.]

WAC 463-30-220 REQUEST FOR PRODUCTION.

Any party may request of any other party the production of original records, documents or other written material, or copies thereof, wherever the request materials are not reasonably available to the requesting party through other sources.

Where the cost to produce becomes significant the council may, upon motion, determine which party shall bear the burden of cost.

The scope of requests for production shall be limited to the matters specified in WAC 1-08-240 and protection shall be afforded comparable to that available under WAC 1-08-270.

[Order 109, S 463-30-220, filed 11/16/76. l WAC 463-30-230 OFFICIAL NOTICE--MATTERS OF LAW.

Upon written or oral motion, the council may officially notice any matter of law.

The council will be guided by WAC 1-08-370.

[Order 109, S 463-30-230, filed 11/16/76.]

WAC 463-30-240 OFFICIAL NOTICE--MATERIAL FACTS.

Upon written or oral

motion, the council may officially notice relevant facts in the absence of controverting evidence.

In implementing this

rule, the council will be guided by WAC 1-08-380.

[Order 109, S 463-30-240, filed 11/16/76.]

WAC 463-30-250 STIPULATIONS AND ADMISSIONS OF RECORD.

The exis-tence or nonexistence of a material fact, as made or agreed in a stip-ulation or in an admission of record, will be conclusively presumed against any party bound thereby, and no other evidence with respect thereto will be received upon behalf of such party.

Any party bound by a stipulation or admission of record may withdraw the same by show-ing that it was made inadvertently or under a bona fide mistake of fact and that withdrawal will not unjustly prejudice the rights of other parties to the proceeding.

[Order

109, S

463-30-250, filed 11/16/76.]

WAC 463-30-260 DEFINITION OF ISSUES BEFORE HEARING.

In all con-tested case proceedings the issues to be heard shall be made as pre-cise as possible so that the council may expeditiously conduct the hearing on relevant material and contested matters.

It is the intent of this section and a

purpose of prehearing conferences to foster agreement by the parties regarding issues to be heard.

The council may define specific issues to be heard based upon its own expertise and issues raised by parties in a proposed prehearing order.

The pro-posed prehearing order shall be noted for hearing at which time par-ties objecting to the limitations of issues shall set forth additional issues and the facts upon which they are based.

After a hearing on the prehearing order the council shall issue an order defining the (12/22/82)

[Ch. 463-30 WAC-p 5]

463-30-260 PROCEDURE--CONTESTED CASE BEARINGS issues for hearing and shall limit the scope of the hearing issues.

Such order may be modified only by the council on initiative or upon motion by a party with good cause shown.

tory Authority:

RCW 80.50.040(1).

83-01-126 (Order 82-4), S 260, filed 12/22/82; Order 109, S 463-30-260, filed 11/16/76.)

to those its own

[Statu-463 WAC 463-30-270 PREHEARING CONFERENCES PRIOR TO HEARING.

On its own motion or at the request of a party the council may direct the parties to appear at a specified time and place for prehearing confer-ences regarding any scheduled hearing.

Primary emphasis shall be on the simplification of issues prior to hearing.

In the discretion of the council, the following matters may also be taken up:

(1) The necessity of amendments to the pleadings; (2)

The possibility of obtaining stipulations, admissions of facts, or documents; (3) The limitation of the number of expert witnesses; (4) Other matters which may aid in disposition of the proceeding, including scheduling of the hearing and determination of sequence of the subject matter.

[Order 109, S 463-30-270, filed 11/16/76.)

WAC 463-30-280 ATTENDANCE BY COUNCIL MEMBERS AT PREHEARING CON-FERENCES.

Individual council members may be present and participate in prehearing conferences.

[Statutory Authority:

RCW 80.50.040(1).

83-01-126 (Order 82-4),

~

463-30-280, filed 12/22/82; Order 109, S 463-30-280, filed 11/16/76.)

WAC 463-30-290 PREHEARING CONFERENCE RECORD OF ACTION.

The coun-cil shall make an order reciting actions taken during any informal consultation.

As appropriate, the order shall also recite amendments to pleadings or stipulations.

The order shall control the subsequent course of the proceedings unless modified by subsequent council action.

[Order 109, S 463-30-290, filed 11/16/76.]

WAC 463-30-295 ORDERS REGARDING PROCEDURE, SCHEDULING AND SUB-STANTIVE ISSUES.

The council may enter prehearing orders regarding procedure, scheduling and substantive issues which shall control the subsequent course of the proceedings unless modified by subsequent council action on its own motion or motion by a party upon good cause shown.

[Statutory Authority:

RCW 80.50.040(1).

83-01-126 (Order 82-4), S 463-30-295, filed 12/22/82.)

WAC 463-30-300 BEARING SCHEDULE GUIDELINES.

In any contested case proceeding on certification the council shall, after consultation with the parties schedule the hearing process so that the following general subject areas may be heard separately at specified times, to the extent they are in issue:

(1) The description of the particular energy facility and the pro-posed site.

(2)

Consistency of the proposal with zoning and land use regulations.

[Ch. 463-30 WAC-p 6)

(12/22/82)

PROCEDURE--CONTESTED CASE HEARINGS 463-30-340

• (3) Physical site suitability and related safety considerations.

(4) NPDES permit or permits.

(5)

On-site and local impacts (physical):

Such as aquatic, ter-restrial and atmospheric.

(6) On-site and local impacts (societal):

Such as

housing, ser-vices, recreation, economics, transportation, health, and tax base.

(7) Peripheral area impacts (all categories).

(8)

Adverse impacts minimization and consideration of conditions of certification.

The council may alter the sequence in which the foregoing matters are to be considered in any given case.

At the commencement of the contested case hearing, the council shall publicly announce the pro-posed schedule by which the hearing is to be conducted.

It is the intent and purpose of this section to accomplish two equally important objectives.

First, interested persons may avail themselves of the opportunity to attend and hear only those segments of the whole hear-ing process which are of keen personal interest.

Second, applicants and other parties may determine the specific nature of council concern regarding critical issues without the necessity of proceeding through the entire hearing process.

[Order

109, S

463-30-300, filed 11/16/76.]

WAC 463-30-310 RULES OF EVIDENCE.

In ruling upon evidentiary matters, the council shall be guided by the provisions of WAC 1-08-450 through 1-08-530.

[Order 109, S 463-30-310, filed 11/16/76.]

WAC 463-30-320 PROPOSED COUNCIL ORDER OR RECOMMENDATION.

In any case where a contested case proceeding is conducted by an administra-tive law judge or a panel of council members less than a

majority, there shall be prepared a proposed council order, supported by written findings of fact and conclusions of law, copies of which shall be served upon all parties.

The proposed order, findings and conclusions shall be transmitted to the council.

In a site certification proceed-ing, the proposed council order shall be designated a proposed council recommendation and shall be styled accordingly.

[Statutory Authority:

RCW 80.50.040(1).

82-10-027 (Order 82-2),

S 463-30-320, filed 4/30/82; Order 109, S 463-30-320, filed 11/16/76.]

WAC 463-30-330 PROPOSED ORDER--EXCEPTIONS.

Any party of record may file exceptions to a proposed council order.

Exceptions must be filed with the council and one copy must be served upon all parties of record within 10 days of the date of service of the proposed council order.

[Order 109, S 463-30-330, filed 11/16/76.]

WAC 463-30-340 PROPOSED ORDER--CONTENTS OF EXCEPTIONS.

Excep-tions to proposed council orders shall be specific and shall be stated and numbered separately.

Exceptions to findings of fact must be sup-ported by reference to the portion of the record or the evidence relied upon and shall be accompanied by a recommended findings of factM Exceptions to conclusions of law must be supported by specific (12/22/82)

[Ch. 463-30 WAC-p 7]

J I

463-30-340 PROCEDURE--CONTESTED CASE HEARINGS reference to the appropriate legal authority and accompanied by a sug-gested corrected conclusion of law.

When exceptions are taken to statements in the proposed council order

itself, there shall be included a

full written justification for such exceptions.

[Order 109, S 463-30-340, filed 11/16/76.]

WAC 463-30-350 REPLIES TO EXCEPTIONS.

Any party of record may file replies to exceptions with the council.

One copy shall be served on all parties within 10 days of the date of service of the exception.

[Order 109, S 463-30-350, filed 11/16/76.]

WAC 463-30-360 REPLIES TO EXCEPTIONS--CONTENTS.

exceptions shall be specific, shall be stated and numbered and shall be supported by reference to that page or part of or evidence or legal authority relied upon to support

[Order 109, S 463-30-360, filed 11/16/76.]

Replies to separately the record the reply.

WAC 463-30-370 EXCEPTIONS AND REPLIES TO EXCEPTIONS--BRIEFS AND ARGUMENTS.

Briefs or written arguments shall accompany exceptions and replies to exceptions.

The council may, by order, direct oral argu-ment on exceptions at a time and place to be designated by it.

[Order 109, S 463-30-370, filed 11/16/76.]

WAC 463-30-380 ADOPTION OF PROPOSED ORDER.

After fully consider-ing all objections to the proposed council

order, the council may approve it in its proposed form or modify it as appropriate.

[Order 109, S 463-30-380, filed 11/16/76.]

WAC 463-30-390 RECOMMENDATION--TRANSMITTAL TO GOVERNOR.

Upon the adoption by the council of its recommendations as to the approval or

_disapproval of an application for certification, the council shall forward such recommendations to the governor.

[Order 109, S

463 390, filed 11/16/76.]

WAC 463-30-400 INTERVENTION.

On timely application in writing to the

council, intervention shall be allowed to any person upon whom a statute confers a right to intervene and, in the discretion of the

council, to any person having an interest in the subject matter and whose ability to protect such interest may be otherwise impaired or impeded.

All petitions to intervene shall be verified under oath by the petitioner, shall adequately identify the petitioner, and shall establish with particularity an interest in the subject matter and that the ability to protect such interest may be otherwise impaired or impeded.

In exercising discretion with regard to intervention, the council shall consider whether intervention by the petitioner would unduly delay the proceeding or prejudice the rights of the existing parties.

The council may establish a date after which petitions to intervene will not' be considered except for good cause shown.

When

[Ch. 463-30 WAC-p 8]

(12/22/82)

PROCEDURE--CONTESTED CASE HEARINGS 463-30-420 such a

date has been established, the council will assure that ade-quate public notice is given.

[Statutory Authority:

RCW 80.50.040(1).

81-20-028 (Order 81-4), S 463-30-400, filed 9/30/81; Order 109, S 463-30-400, filed 11/16/76.]

WAC 463-30-410 PARTICIPATION BY INTERVENOR.

In

general, it is the policy of the council to allow any intervenor broad procedural latitude.

To the extent that the council determines that numerous intervenors might unduly delay the proceedings or prejudice the rights of existing parties, intervenor status may be conditioned upon assent by the prospective intervenor and counsel for the environment to allowing the counsel for the environment to act as lead counsel for the balance of the hearing, where the intervenor's interests more closely align with those of the counsel for the environment.

Interve-nor status may also be conditioned upon allowance of other parties to act as lead parties, where appropriate.

The council reserves the right to prescribe other limitations and conditions, where appropri-ate.

It is the intent and purpose of this section to prevent unwar-ranted proliferation of issues

leading, in

turn, to delay and prejudice to existing parties.

[Order

109, S

463-30-410, filed 11/16/76.]

WAC 463-30-420 PARTICIPATION BY

COUNTY, CITY AND PORT DISTRICT REPRESENTATIVES.

In any contested case to the extent that council action involves site certification matters relating to any county, city or port district or any combination thereof in which an energy facility is sought to be located, they shall be separated and divided to allow individual county, city and/or port district representatives to participate in discussion and county and city representatives shall vote only with regard to matters specifically affecting the concerned county or city.

Port districts are nonvoting members of the council.

[Statutory Authority:

RCW 80.50.040(1).

78-09-082 (Order 78-9), S 463-30-420, filed 8/28/78; Order 109, S 463-30-420, filed 11/16/76.]

(12/22/82)

[Ch. 463-30 WAC-p 9]

WAC 463-34-010 463-34-020 463-34-030 463-34-040 463-34-050 463-34-060 463-34-070 463-34-080 463-34-090 463-34-100 RULE MAKING AND DECLARATORY RULINGS Chapter 463-34 WAC PROCEDURE--RULE MAKING AND DECLARATORY RULINGS Purpose and scope of this chapter.

Scope of petitions for rule making.

Petitions for rule making--Contents.

463-34-040 Rule-making petitions--Request for specific time.

Consideration of petition--Further hearing.

Disposition time.

Petitions for declaratory rulings--Possible disposition.

Oral hearing.

Declaratory ruling--Contents.

Form of petitions.

WAC 463-34-010 PURPOSE AND SCOPE OF THIS CHAPTER.

This chapter sets forth procedures to be followed in rule-making proceedings before the council and further specifies the manner in which declaratory rul-ings may be sought pursuant to chapter 34.04 RCW.

[Order 107, S 463-34-010, filed 11/4/76. l WAC 463-34-020 SCOPE OF PETITIONS FOR RULE MAKING.

Any inter-ested person may petition the council for the promulgation, amendment, or repeal of any rule.

[Order 107, S 463-34-020, filed 11/4/76.]

WAC 463-34-030 PETITIONS FOR RULE MAKING--CONTENTS.

Where the petition requests amendment to or promulgation of a rule, the amended or proposed rule must be set out in full.

The petition must also include the reasons for the request.

Where the petition requests repeal of an existing and identified rule, the reasons for the pro-posed repeal must be set out in the petition.

[Order 107, S

463 030, filed 11/4/76.]

WAC 463-34-040 RULE-MAKING PETITIONS--REQCTEST FOR SPECIFIC TIME.

Rule-making petitions are to [be] filed at the council office in time to allow review prior to council action.

The person submitting the petition should also submit a written request for council considera-tion of the petition at a

specified regular or special meeting.

[Order 107, S 463-34-040, filed 11/4/76.]

(11/4/76)

[Ch. 463-34 WAC-pl]

7 u

463-34-050 RULE MAKING AND DECLARATORY RULINGS WAC 463-34-050 CONSIDERATION OF PETITION--FURTHER HEARING.

All petitions shall be considered by the council, which may order a hear-ing for the further consideration and discussion of the requested pro-mulgation, amendment, or repeal of the rule.

[Order

107, S

463 050, filed 11/4/76.]

WAC 463-34-060 DISPOSITION TIME.

The council shall notify the petitioning party within 30 days of the disposition, if any, of the petition.

[Order 107, S 463-34-060, filed 11/4/76.]

WAC 463-34-070 PETITIONS FOR DECLARATORY RULINGS--POSSIBLE DISPO-SITION.

Any interested person may petition the council for a declara-tory ruling.

The council shall consider the petition and, within a reasonable time:

(1) Issue a nonbinding declaratory ruling; or (2) Notify the person that no declaratory ruling is to be issued; (3) Set a reasonable time and place for oral hearing or submission of written evidence upon the matter.

[Order 107, S 463-34-070, filed 11/4/76.]

WAC 463-34-080 ORAL HEARING.

If an oral hearing is conducted on a petition for declaratory ruling, the council shall, within a reason-able time thereafter:

(1) Issue a binding declaratory ruling; or (2) Issue a nonbinding declaratory ruling; or (3)

Notify the person that no declaratory ruling is to be issued.

[Order 107, S 463-34-080, filed 11/4/76.]

WAC 463-34-090 DECLARATORY RULING--CONTENTS.

Any person peti-tioning for declaratory ruling shall state all legal rules or statutes which may bear upon the petition and shall also state all facts relied upon.

If a

binding declaratory ruling is sought, then the petition must be subscribed and verified in the manner prescribed for verifica~

tion of complaints in the superior court of this state.

[Order 107, S 463-34-090, filed 11/4/76.]

WAC 463-34-100 FORM OF PETITIONS.

Petitions contemplated by the provisions of this chapter may be in any legible form so long as they are adequately identified as such and contain the requisite contents.

The name, address, and telephone number of the petitioning person are to be set forth in the petition.

[Order

107, S

463-34-100, filed 11/4/76.]

[Ch. 463-34 WAC-p 2]

(11/4/76)

COMPLIANCE WITH NPDES PROGRAM-463-38-010 Chapter 463-38 WAC REGULATIONS FOR COMPLIANCE WITH NPDES PERMIT PROGRAM WAC 463-38-010 463-38-020

. 463-38-030 463-38-031 463-38-032 463-38-033 463-38-034 463-38-040 463-38-041 463-38-042 463-38-043 463-38-050 463-38-051 463-38-052 463-38-053 463-38-054 463-38-055 463-38-060 463-38-061 463-38-062 463-38-063 463-38-064 463-38-065 463-38-080 463-38-090 Definitions.

Scope and purpose.

NPDES application and tentative determination.

Application filing with the council.

Signature form.

Tentative determination on NPDES permits.

Fact sheets.

Notice, hearings and information accessibility.

Notice, provisions.

Public hearings.

Public access to information.

NPDES permit contents.

General conditions.

Prohibited discharges.

Effluent limitations, water quality standards and other requirements for NPDES permits.

Schedules of compliance.

Other terms and conditions.

NPDES permits review and appeal.

Reissuance of NPDES permits.

Modification of NPDES permit.

Appeal.

Transmission to regional administrator of proposed NPDES permit.

Monitoring and enforcement.

Transmittal of data to regional administrator.

Conflict of interest.

WAC 463-38-010 DEFINITIONS.

As used in this chapter, the follow-ing terms shall have the meanings indicated below:

(1)

The term "act" means the Federal Water Pollution Control Act as amended, Public Law 92-500 (33 U.S.C. 1314, et seq.).

(2) The term "administrator" means the administrator of the United States Environmental Protection Agency.

(3) The term applicable effluent standards and limitations" means all state of Washington and federal effluent standards and limitations to which a discharge is subject under the act, including but not lim-ited to, effluent limitations, standards of performance, toxic efflu-ent standards and prohibitions, and pretreatment *standards.

(4) The term "applicable water quality standards" means all water quality standards of the state of Washington to which a discharge is subject under the act and which have been:

(a) Approved or permitted to remain in effect by the administrator pursuant to section 303(a) or section 303(c) of the act, or, (2/4/77)

[Ch. 463-38 WAC-pl]

463-38-010 COMPLIANCE WITH NPDES PROGRAM (b) Promulgated by the administrator pursuant to section 303(b) or section 303(c) of the act.

(5) The term "applicant" shall mean any person who has applied for an NPDES permit pursuant to the act and section 402(b) thereof.

(6) The term "certification agreement" means that binding agree-ment executed between an applicant under chapter 80.50 RCW and the state which embodies compliance with the siting guidelines adopted in RCW 80.50.050, and shall contain the conditions set forth in the NPDES permit to be met prior to or concurrent with the construction or oper-ation of any energy facility coming under chapter 80.50 RCW.

(7)

The term "chairman" means the chairman of the energy facility site evaluation council.

(8) The term "council" means the Washington state energy facility site evaluation council.

(9)

The term "discharge of pollutant" and the term "discharge of pollutants" each mean:

(a) Any addition of any pollutant to navigable waters from any point source, (b)

Any addition of any pollutant to the waters of the contiguous zone or the ocean from any point source.

(10) The term "DOE" means the Washington state department of ecology.

(11)

The term "effluent limitations" means any restriction estab-lished pursuant to the act by the state of Washington or the adminis-trator on quantities, rates and concentrations of chemical, physical, biological and other constituents which are discharged from point sources into navigable waters, the waters of the contiguous zone or the ocean, including schedules of compliance.

(12) The term "EPA" means the United States Environmental Protec-tion Agency.

(13)

The term "executive secretary" means the individual holding the position of executive secretary of the council.

(14) The term "governor" shall mean the governor of the state of Washington.

(15) The term "minor discharge" means any discharge which:

(a) Has a total volume of less than 50,000 gallons on every day of the year, (b) Does not affect the waters of any state other than Washington,

and, (c)

Is not identified by the council, the regional administrator or by the administrator in regulations issued pursuant to section 307(a) of the act as a discharge which is not a minor discharge.

If there is more than one discharge from a facility and the sum of the volumes of all discharges exceeds 50,000 gallons on any one day of the year, then no discharge from the facility is a "minor discharge" as defined herein.

(16) The term "national data bank" means a

facility established or to be established by the administrator for of assembling, organizing and analyzing data pertaining to ity and the discharge of pollutants.

or system the purpose water qual-(17) The *term "National Pollutant Discharge Elimination System (NPDES)"

means the national system for the issuance of permits under section 402 of the act and includes the Washington state program (set forth in chapter 151, Laws of 1973) for participation in said system

[Ch. 463-38 WAC-p 2]

(2/4/77)

COMPLIANCE WITH NPDES PROGRAM 463-38-010 which has been approved by the administrator in whole pursuant to sec-tion 402 of the act.

(18) The term "new source" means any building, structure, facility or installation from which there is or may be the discharge of pollu-tants, the construction of which is commenced after the publication of proposed regulations prescribing a standard of performance under sec-tion 306 of the act, which will be applicable to such source if such standard is thereafter promulgated in accordance with section 306 of the act.

{19) The term "NPDES application" means the for application for a NPDES permit (including revisions or modifications duly promulgated by suant to the act) as adopted by the council for state NPDES program.

uniform national forms subsequent additions, the administrator pur-use in the Washington (20)

The term "NPDES form" means any issued NPDES permit, refuse action application, the NPDES application and the NPDES reporting

form, and any uniform national form developed for use in the NPDES program as prescribed in regulations promulgated by the administrator.

(21) The term "NPDES permit" means the permit incorporated in the certification agreement issued by the council which regulates the dis-charge of pollutants pursuant to section 402 of the act.

(22)

The term "NPDES program" means that program of the state of Washington pursuant to section 402 of the act.

(23) The term "NPDES reporting form" means the uniform national forms (including subsequent additions, revisions or modifications duly promulgated by the administrator pursuant to the act) for reporting data and information pursuant to monitoring and other conditions of NPDES permits.

(24)

The term "permittee" means any person who has been issued a complete Refuse Act or an NPDES permit.

(25) The term "pollution" means the man-made or man-induced alter-ation of the chemical, physical, biological and radiological integrity of water.

(26) The term "Refuse Act" means section 13 of the River and Har-bor Act of March 3, 1899.

(27) The term "Refuse Act application" means the application for a permit under the Refuse Act.

(28)

The term "Refuse Act permit" means any permit issued under the Refuse Act.

(29) The term "regional administrator" means the EPA 1 s region X

administrator.

(30)

The dial measures, tions leading or standard.

term "schedule of compliance" means a schedule of reme-including an enforceable sequence of actions or opera-to compliance with an effluent limitation, prohibition (31) The term "sewage" means human body waste and the wastes from toilets and other receptacles intended to receive or retain body wastes.

(32) The term "sewage sludge" means the solids and precipitates separated from waste water by unit processes.

(33)

The term "energy facility" means any energy facility, as defined in RCW 80.50.020(11).

( 34) "Trade secrets" as used in these.regulations means informa-tion having an alleged commercial importance which, under relevant state law, is protected by reason of a

confidential relationship, (2/4/77)

[Ch. 463-38 WAC-p 3]

463-38-010 COMPLIANCE WITH NPDES PROGRAM exclusive, however, of any data or information required by Federal law or regulation to be made publicly available.

(35)

The definitions of the following terms contained in section 502 of the act shall be applicable to such terms as used in these reg-ulations unless the context otherwise requires:

(a) The term "interstate agency" means an agency of two or more states established by or pursuant to an agreement or compact approved by the congress, or any other agency of two or more

states, having substantial powers or duties pertaining to the control of pollution as determined and approved by the administrator.

(b)

The term "state" means a state, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands.

(c) The term "municipality" means a city, town,

borough, parish, district, association, or other public body created by suant to state law and having jurisdiction over disposal of industrial wastes, or other wastes, or an Indian tribe or an

county, or pur-

sewage, author-ized Indian tribal organization, or a designated and approved manage-

,ment agency under section 208 of this act.

(d) The term "person" means an individual, corporation, partner-

ship, association, state, municipality, commission, or political sub-division of a state, or any interstate body.

(e) The term "pollutant" means dredged spoil, solid waste, incin-erator

residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, munici-pal, and agricultural waste discharged into water.

This term does not mean:

(i) Sewage from vessels within the meaning of section 312 of this act; or, (ii)

Water, gas, or other material which is injected into a well to facilitate production of oil or gas, or water derived in associa-tion with oil or gas production and disposed of in a well, if the well used either to facilitate production or for disposal purposes is approved by authority of the state in which the well is

located, and if such state determines that such injection or disposal will not result in the degradation of ground or surface water resources.

(f) The term "navigable waters" means the waters of the United States, including the territorial seas.

(g)

The term

",territorial seas" means the belt of the seas mea-sured from the line of ordinary low water along that portion of the coast which is in direct contact with the open sea and the line mar-king the seaward limit of inland waters, and extending seaward a dis-tance of three miles.

(h)

The term "contiguous zone" means the entire zone established or to be established by the United States under Article 24 of the Con-vention of the Territorial Sea and the Contiguous Zone.

(i) The term "ocean" means any portion of the high seas beyond the contiguous zone.

(j) The term "toxic pollutant" means those pollutants, or combina-tions of pollutants, including disease-causing agents, which after the discharge and upon exposure, ingestion, inhalation or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, will, on the basis of information available to the administrator, cause

death, disease, behavioral

[Ch. 463-38 WAC-p 4]

(2/4/77)

COMPLIANCE WITH NPDES PROGRAM 463-38-031 abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunctions in reproduction) or physical deformations, in such organisms or their offspring.

(k) The term "point source" means any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling

stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged.

(1) The term "biological monitoring" shall mean the determination of the effects on aquatic life, including accumulation of pollutants in tissue, in receiving waters due to the discharge of pollutants (i) By techniques and procedures, including sampling of organisms representative of appropriate levels of the food chain appropriate to the volume and the physical, chemical, and biological characteristics of the effluent, and (ii) At appropriate frequencies and locations.

(m)

The term "discharge" when used without qualification includes a discharge of a pollutant, and a discharge of pollutants.

[Order 114, S 463-38-010, filed 2/4/77.

Formerly WAC 463-16-020.]

WAC 463-38-020 SCOPE AND PURPOSE.

(1) This chapter established regulations specifying procedures and other rules which will be uti-lized by the council in implementing section 402 of the Federal Water Pollution Control Act, as amended, 86 Stat. 816, 33 U.S.C.

1314 et seq.

(2)

The purpose of these regulations is to establish an orderly procedure which not only complies with the requirements of EPA and the administrator for portions of the Washington state NPDES program, but also is to integrate the NPDES permit program into the existing coun-cil procedures for processing applications pursuant to chapter 80.50 RCW and the rules and regulations made pursuant thereto.

(3) These regulations apply to:

(a)

Any energy facility for which a certification agreement has been executed pursuant to chapter 80.50 RCW et seq.; and (b) Any energy facility for which an application may be made to or is pending before the council for certification pursuant to chapter 80.50 RCW et seq.

(4)

The authority for these regulations is based upon RCW 80.50.040(1), chapter 155, Laws of 1973, and the act.

[Order

114, S

463-38-020, filed 2/4/77.

Formerly WAC 463-16-020.]

WAC 463-38-030 NPDES APPLICATION

[Order 114, S 463-38-030, filed 2/4/77.

AND TENTATIVE DETERMINATION.

Formerly WAC 463-16-030.]

WAC 463-38-031 APPLICATION FILING WITH THE COUNCIL.

(1) For each energy facility described in WAC 463-38-020(3), there shall be filed with the council:

(a)

A complete Refuse Act application as previously submitted to the U.S. Corps of Engineers unless such application has been transmit-ted to the council by the regional administrator; or, (b) A complete NPDES application no later than 60 days following receipt by the person identified in WAC 463-38-032 for such energy (2/4/77)

[Ch. 463-38 WAC-p 5]

463-38-031 COMPLIANCE WITH NPDES PROGRAM facility of notice from the council that the previously filed Refuse Act application is so deficient as not to have satisfied the filing requirements; or (c) A complete NPDES application at the time of submitting an application to the council pursuant to RCW 80.50.070.

Any subsequent determination of such an NPDES application's adequacy shall not affect the council's finding that a complete application pursuant to RCW 80.50.070 has been received.

(d) A complete NPDES application for any energy facility described in WAC 463-38-020(3) and not covered in paragraph l(a), (b) or (c) above.

Such NPDES application shall be filed either:

(i) No less than 180 days in advance of the day on which it desires to commence the discharge of pollutants, or, (ii) In sufficient time prior to the commencement of the discharge of pollutants to insure compliance with the requirements of section 306 of the act, or with any applicable zoning or siting requirements established pursuant to section 208(b)2(c) of the act and other appli-cable water quality standards and applicable effluent standards and limitations.

(2) Each person requesting an NPDES permit be required to submit additional information

• by the council after a Refuse Act or an NPDES filed.

from the council shall as determined necessary application has been (3)

If a

Refuse Act or an NPDES application is determined to be incomplete or otherwise deficient, the NPDES portion of any applica-tion filed pursuant to RCW 80.50.070 shall not be processed until such time as the applicant has supplied the missing information or other-wise corrected the deficiency.

(4) The council shall not consider any NPDES application for a

energy facility included within WAC 463-38-020 (3)(b) until and unless an application for certification is filed with the council pursuant to RCW 80.50.070.

(5) Each NPDES application will be submitted on such form as spec-ified by the council.

[Order 114, S 463-38-031, filed 2/4/77.

Form-erly WAC 463-16-031.]

WAC 463-38-032 SIGNATURE FORM.

Any NPDES form submitted to the council shall be signed as follows:

(1)

In the case of private corporations, by a principal executive officer of at least the level of vice president, or his duly author-ized representative, if such representative is responsible for the overall operation of,the facility from which the discharge described in the NPDES form originates.

(2) In the case of a partnership, by a general partner.

(3) In the case of a sole proprietorship, by the proprietor.

(4)

In the case of a municipal corporation, state or other public organization, by either a principal executive officer, the ranking elected official or a duly authorized employee.

[Order 114, S 463 032, filed 2/4/77.

Formerly WAC 463-16-032.]

WAC 463-38-033 TENTATIVE DETERMINATION ON NPDES PERMITS.

(1) The council shall formulate and prepare tentative determinations with respect to an NPDES application in advan~e of public notice as to the

[Ch. 463-38 WAC-p 6]

(2/4/77)

COMPLIANCE WITH NPDES PROGRAM 463-38-034 proposed issuance or denial of the NPDES permit.

Such tentative determination shall be made no later than six months after receipt of a

complete NPDES application, or such later time as determined by the council.

Such tentative determination shall include at least the following:

(a)

A proposed determination to issue or deny an NPDES permit for the discharge described in the Refuse Act or NPDES application; and (b) If the proposed determination in paragraph 1 of this section is to issue the NPDES

permit, the following additional tentative determinations shall be made by the council:

(i) Proposed effluent limitations, identified pursuant to WAC 463-38-053 (1), (2);

(ii) A proposed schedule of compliance including interim dates and requirements for meeting the proposed effluent limitations identified pursuant to WAC 463-38-054; and (iii) A brief description of any other proposed special conditions (other than those required pursuant to WAC 463-38-055) which will have a

significant impact upon the discharges described in the NPDES application.

(2) The council shall organize the tentative determination pre-pared pursuant to paragraph 1 of this section into a draft NPDES per-mit.

[Order 114, S 463-38-033, filed 2/4/77.

Formerly WAC 463 033.]

WAC 463-38-034 FACT SHEETS.

(1) For every discharge in excess of 500,000 gallons on any one day of the year, the council shall prepare and include in any public notice given pursuant to WAC 463-38-041 a

fact sheet with respect to the Refuse Act or NPDES application described in the public notice.

Such fact sheet shall include at least the following:

(a)

A sketch or detailed description of the location of the dis-charge described in the NPDES application; (b) A quantitative description of the discharge described in the NPDES application which includes at least the following:

(i)

The rate and frequency of the proposed discharge; if the dis-charge is continuous, the average daily flow in gallons per day or million gallons per day; (ii)

For thermal discharges subject to limitation under the act, the estimated maximum, minimum and average summer and winter tempera-tures in degrees Fahrenheit; and (iii)

The average daily discharge in pounds per day of any pollu-tants which are present in significant quantities or which are subject to limitations or prohibition under sections 301, 302, 306 or 307 of the act and regulations published thereunder; (c) The tentative determinations required under WAC 463-38-033.

(d) A brief citation, including a brief identification of the uses for which the waters receiving said discharges have been classified by

DOE, of the water quality standards and of the effluent standards and limitations applied to the proposed discharge; and (e) A fuller description than that given in the public notice of the procedures to be used by the council in formulating final determi-nations for an NPDES permit, which shall include, but not be limited to:

(i) Thirty day comment period required by WAC 463-38-041(2);

(2/4/77)

[Ch. 463-38 WAC-p 7]

463-38-034 COMPLIANCE WITH NPDES PROGRAM (ii) Procedures for requesting a public hearing and the nature thereof; and (iii)

Any other procedures by which the public may participate, either directly or through counsel for the environment, in the formu-lation of the final determinations, including the availability of any environmental assessments or detailed statements of environmental impact and any public hearings which may be held by the council prior to the final determination on the Refuse Act or NPDES application.

(2) The name of any person or group will be added to a

mailing list upon request for receipt of copies of fact sheets.

A fact sheet will be sent to each person or group on such mailing list.

[Order 114, S 463-38-034, filed 2/4/77.

Formerly WAC 463-16-034.]

WAC 463-38-040

NOTICE, HEARINGS AND INFORMATION ACCESSIBILITY.

[Order 114, S 463-38-040, filed 2/4/77.

Formerly WAC 463-16-040.]

WAC 463-38-041 NOTICE, PROVISIONS.

(1) Notices shall be circu-lated within the geographical areas of the proposed discharge, and shall be published in a local or daily newspaper of general circula=

tion; such circulation may include any or all of the following:

(a) Posting in the post office and public places of the municipal-ity nearest the premises of the applicant in which the effluent source is located; (b)

Posting at or near the entrance of the applicant's principal place of business and in nearby places.

(2) Any persons may, within thirty days following the date of the public notice, submit their written views on the tentative determina-tions with respect to the NPDES application.

All written comments submitted during the 30 day comment period shall be retained by the council and considered in their final determination with respect to the NPDES applications.

The period for comments may be extended at the discretion of the council.

(3) The contents of public notice of application for NPDES permits shall include at least the following:

(a) Name, address and telephone number of agency issuing the pub-lic notice; (b) Name and address of applicant; (c)

Brief description of applicant's which result in the discharge described in (e.g.,

thermal electric power generating floating);

activities or operations the NPDES application facility stationary or (d) Name of waterway to which each discharge is made and a

short description of the location of each discharge on the waterway, indi-cating whether such discharge is new, a modification, or an existing discharge; (e) A statement of the tentative determination to issue or deny an NPDES permit for the discharge described in the NPDES application; (f)

A brief description of the procedures for the formulation of final determinations, including the 30 day comment period required by paragraph 2 of this section and any other means set forth in WAC 463-38-034 (l)(e).

(g) Address and telephone number of state or interstate agency premises at which interested persons may obtain further information,

[Ch. 463-38 WAC-p 8]

(2/4/77) 11

COMPLIANCE WITH NPDES PROGRAM 463-38-042 request a copy of the draft permit prepared pursuant to WAC 463 033(2),

request a copy of the fact sheet described in WAC 463-38-034 and inspect and copy NPDES forms and related documents at a reasonable charge.

(4) Public and agency notice will be given as set forth below:

(a) Notice shall be mailed to any person or group carried on the mailing list identified in WAC 463-38-034(2).

The name of any person or group shall be added upon written request to a

mailing list for distributing copies of notices for all NPDES applications within the state or within a certain geographical area.

(b) At the time of issuance of public notice pursuant to WAC 463-38-041 a fact sheet will be sent to:

(i)

Any other state whose waters may be affected by the issuance of the NPDES permit and to any interstate agency having water quality control authority over waters which may be affected by the issuance of a

permit and, upon request, providing such state and interstate agen-cies with a copy of the NPDES application and a copy of the proposed permit prepared pursuant to WAC 463-38-033(2).

Each affected state and interstate agency shall be afforded an opportunity to submit writ-ten recommendations to the council and to the regional administrator, which shall be duly considered by the council in accordance with the policies, provisions and regulations of the act, chapter 80.50 RCW et seq., and chapter 34.04 RCW et seq.

(ii)

The district engineer of the Army Corps of Engineers for NPDES applications for discharges (other than minor discharges) into navigable waters.

(iii)

Any other

federal, state or local agency or any affected county upon request and shall provide such agencies an opportunity to

respond, comment or request a public hearing pursuant to WAC 463 042.

Such agencies shall include at least the following:

(a) The agency responsible for the preparation of an approved plan pursuant to section 208(b) of the act; (b) DOE; and (c) Appropriate public health agencies, including those repre-sented on the council.

[Order 114, S 463-38-041, filed 2/4/77.

Form-erly WAC 463-16-041.]

WAC 463-38-042 PUBLIC HEARINGS.

(1)

Any applicant affected state, affected interstate agency, affected

county, any interested

agency, person or group of persons, or the regional administrator may request of or petition the council for a public hearing to be held with respect to an NPDES application.

Any such request or petition for public hearing shall be filed within thirty days after the giving of public notice pursuant to WAC 463-38-041.

Said request or petition shall indicate the interest of the party filing such request and the reasons why it is thought that a hearing is warranted.

(2) A public hearing shall be held if there is a significant pub-lic interest (including the filing of request(s) or petition(s) for such hearing) in holding such a hearing.

Instances of doubt should be resolved by the council in favor of holding the hearing.

(3) Any hearings 'brought pursuant to this section shall be held in the geographical area of the proposed discharge or other appropriate

area, in the discretion of the council, and may, as appropriate, con-sider related groups of permit applications.

(2/4/77)

[Ch. 463-38 ~AC-p 9]

463-38-042 COMPLIANCE WITH NPDES PROGRAM (4) Any public hearings held hereunder will be conducted in accordance with provisions of RCW 80.50.090, chapter 34.04 RCW et seq., and regulations promulgated thereunder.

(5) Public notice of any hearing held pursuant to WAC (1) through (4) shall be circulated at least as widely notice of the NPDES application and shall include at following:

463-38-042 as was the least the (a) Notice shall be published in at least one newspaper of general circulation within the geographical area of the discharge; (b)

Notice shall be sent to all persons and government agencies which received a copy of the notice or the fact sheet for the NPDES application; (c)

Notice shall be mailed to any person or group upon request; and (d) Notice shall be effected pursuant to subparagraphs (a) and (c) of this paragraph at least [thirty] days in advance of the hearing.

The council may give notice of a public hearing concurrent with public notice given pursuant to WAC 463-38-041.

(6)

The contents of public notice of any hearing held pursuant to WAC 463-38-042 (1) through (4) shall include at least the following notice which meets the requirements of this section:

(a) Name, address and phone number of the council; (b)

Name and address of each applicant whose application will be considered at the hearing; (c) Name of waterway to which each discharge is made and short description of the location of each discharge on the waterway; (d)

A brief reference to the public notice issued for each NPDES application, including identification number and date of issuance (where applicable);

(e) Information regarding the time and location for the hearing; (f) The purpose of the hearing; (g) A short and plain statement of the matters asserted; (h)

Address and phone number of premises at which interested per-sons may obtain further information, request a

copy of each draft NPDES permit prepared pursuant to WAC 463-38-033(2) above, request a copy of each fact sheet prepared pursuant to WAC 463-38-034, and inspect a copy NPDES forms and related documents; and (i)

A brief description of the nature of the hearing, including the rules and procedures to be followed.

[Order

114, S

463-38-042, filed 2/4/77.

Formerly WAC 463-16-042.)

WAC 463-38-043 PUBLIC ACCESS TO INFORMATION.

(1) All NPDES forms (including the draft NPDES permit prepared pursuant to WAC 463 033(2) or any public comment upon those forms pursuant to WAC 463 041(2)) shall be available to the public for inspection and copying at a

nominal charge.

Any other records, reports, plans or information received by the council or the state pursuant to its participation in the NPDES program shall be available at a reasonable charge to the public in accordance with existing law.

(2) Any information (other than effluent data) received by the council and contained in any NPDES forms, or other records, reports or plans shall be protected as confidential upon a showing by any person that such information if made public would divulge methods or pro-ces~es entitled to protection as trade secrets of such person.

If,

[Ch. 463-38 WAC-p 10)

(2/4/77)

COMPLIANCE WITH NPDES PROGRAM 463-38-051 however, the information being considered for confidential treatment is contained in an NPDES form, the council shall forward such informa-tion to the regional administrator for his concurrence in any determi-nation of confidentiality.

If the regional administrator does not agree that some or all of the information being considered for confi-dential treatment merits such protection he shall request advice from the office of general counsel stating the reasons for his disagreement with the determination of the council.

The regional administrator shall simultaneously provide a

copy of such request to the person claiming trade secrecy.

The general counsel shall determine whether the information in question would, if revealed, divulge methods or processes entitled to protection as trade secrets.

In making such determination, he shall consider any additional information submitted to the office of the general counsel within 30 days of receipt of the request from the regional administrator.

If the general counsel determines that the information being considered does not contain trade secrets he shall so advise the regional administrator and shall notify the person claiming trade secrecy of such determination by cer-tified mail.

No later than 30 days following the mailing of such

notice, the regional administrator shall communicate to the council his decision not to concur in the withholding of such information and the council and the regional administrator shall then make available to the public upon request that information determined not to consti-tute trade secrets.

(3)

Any information afforded confidential status whether or not contained in an NPDES form shall be disclosed upon request to the regional administrator or his authorized representative who shall maintain the disclosed information as confidential.

(4) The council shall provide facilities for the inspection of information relating to NPDES forms during normal business hours of the council at its headquarters and shall insure that state employees will comply with requests for such inspection as soon as is reasonably

-possible without undue interference with council business.

The execu-tive secretary shall insure that a machine or device for the copying of papers and documents is available for a reasonable fee as deter-mined by the council.

[Order 114, S 463-38-043, filed 2/4/77.

Form-erly WAC 463-16-043.]

WAC 463-38-050 NPDES PERMIT CONTENTS.

The terms, conditions and content of any NPDES permit issued by the council shall be in accord-ance with the following subsections.

[Order 114, S 463-38-050, filed 2/4/77.

Formerly WAC 463-16-050.]

WAC 463-38-051 GENERAL CONDITIONS.

(1) Any NPDES permit shall be issued for a

period of five years, which period shall start on the date of issuance of said permit.

The permittee shall inform the coun-cil at least 180 days prior to any initiation of such a discharge.

(2) The decision to approve or reject, and on what conditions an NPDES permit shall be

issued, shall be in conformance with the requirements of this.section.

A majority vote of council members listed in RCW 80.Sf.030(3) shall resolve any dispute and shall deter-mine the approval or,rejection of a Refuse Act or NPDES application.

[Order 114, S 463-38-051, filed 2/4/77.

Formerly WAC 463-16-051.]

(2/4/77)

[Ch. 463-38 WAC-p 11]

463-38-052 COMPLIANCE WITH NPDES PROGRAM WAC 463-38-052 PROHIBITED DISCHARGES.

(1) No discharge shall be made by energy facilities subJect to the jurisdiction of the council unless authorized by an NPDES permit issued pursuant to these regulations.

(2) No NPDES permit issued by the council shall authorize any per-son to:

(a) Discharge any radiological, chemical or biological warfare agent or high-level radioactive waste into navigable waters; (b)

Discharge any pollutants which the secretary of the Army act-ing through the chief, Corps of Engineers, finds would substantially impair anchorage and navigation in waters subject to the jurisdiction of the Corps of Engineers; (c) Discharge any pollutant to which the regional administrator has objected in writing pursuant to any right to object provided the administrator in section 402(d) of the act; (d) Discharge from a point source any pollutant which is flict with the plan or amendment thereto approved pursuant 208(b) of the act.

[Order 114, S 463-38-052, filed 2/4/77.

WAC 463-16-052.)

in con-to section Formerly WAC 463-38-053 EFFLUENT LIMITATIONS, WATER QUALITY STANDARDS AND OTHER REQUIREMENTS FOR NPDES PERMITS.

(1) Any NPDES permit issued by the council shall apply and insure compliance with all of the follow-ing, whenever applicable:

(a) Effluent limitations under sections 301 and 302 of the act; (b) Standards of performance for new sources under section 306 of the act; (c)

Effluent standards, effluent prohibitions and pretreatment standards under section 307 of the act; (d) Any more stringent limitation, including those:

(i) Necessary to meet water quality standards, treatment standards or schedules of compliance established pursuant to any state law or regulation under authority preserved to the state by section 510 of the act; or (ii) Necessary to meet any applicable federal law or regulation other than the act or regulations thereunder; or (iii)

Required to implement any applicable water quality stand-ards; such limitations to include any legally applicable requirements necessary to implement total maximum daily loads established pursuant to section 303(d) and incorporated in the continuing planning process approved under section 303(e) of the act and any regulations and guidelines issued pursuant thereto; (e) Any more stringent legal applicable requirements necessary to comply with a plan approved pursuant to section 208(d) of the act; and (f)

Prior to promulgation by the. administrator of applicable effluent standards and limitations pursuant to sections 301, 302, 306 and 307 of the act, such conditions as the council determines are nec-essary to carry out the provisions of the act.

(2)

In any case where an issued NPDES permit applies the effluent standards and limitations described in paragraph 1 of this

section, the council shall make a finding that any discharge authorized by the permit will not violate applicable water quality standards and will have prepared some explicit verification of that fact.

In any case

[Ch. 463-38 WAC-p 12]

(2/4/77)

COMPLIANCE WITH NPDES PROGRAM 463-38-054 where an issued NPDES permit applies any more stringent effluent limi-tation, based upon applicable water quality standards, a

waste load allocation shall be prepared to ensure that the discharge authorized by the permit is consistent with applicable water quality standards.

(3) In the application of effluent standards and limitations, water quality standards and other legally applicable requirements pur-suant to paragraphs 1

and 2 hereof, each issued NPDES permit shall specify average and maximum daily quantitative or other appropriate limitations for the level of pollutants in the authorized discharge.

The average and maximum daily quantities must be made by weight except where the parameters are such that other measures are appropriate.

[Order 114, S 463-38-053, filed 2/4/77.

Formerly WAC 463-16-053.]

WAC 463-38-054 SCHEDULES OF COMPLIANCE.

(1) In addition to the application of the effluent standards and limitations, water quality standards, and other legally applicable requirements, all pursuant to WAC 463-38-053 (1), (,2), the council shall establish schedules in NPDES permit conditions to achieve compliance with applicable effluent standards and limitations, water quality standards, and other legally applicable requirements.

With respect to any discharge which is found by the council not to be in compliance with applicable effluent standards and limitations, applicable water quality standards, or other legally applicable requirements listed in WAC 463-38-053 (l)(d)(e), the permittee shall be required to take specific steps to achieve compliance with the following:

(a) Any legally applicable schedule of compliance contained in:

(i) Applicable effluent standards and limitations; (ii) If more stringent, water quality standards; or (iii) If more stringent, legally applicable requirements listed in WAC 463-38-053 (l)(d)(e); or (b) In the absence of any legally applicable schedule of compli-

ance, in a

reasonable period of time, such period to be consistent with the guidelines and requirements of the act.

(2) In any case where the period of time for compliance specified in paragraph l(a) of this section exceed nine months, a schedule of compliance shall be specified in the permit which will set forth interim requirements and the dates for their achievement; however, in no event shall more than nine months elapse between interim dates.

If the time necessary for completion of the interim requirement (such as construction of a treatment facility) is more than nine months and is not readily divided into stages of completion, interim dates shall be specified for the submission of reports of progress toward completion of the interim requirement.

For each NPDES permit schedule of compli-ance, interim dates and the final date of compliance

shall, to the extent practicable, fall on the last day of the months of March, June, September and December.

(3) Either before or up to 14 days following each interim date and the final date of compliance, the permittee shall provide the council with written notice of the permittee's compliance or noncompliance with the interim or final requirement.

[Order 114, S 463-38-054, filed 2/4/77.

Formerly WAC 463-16-054.]

(2/4/77)

[Ch. 463-38 WAC-p 13]

463-38-055 COMPLIANCE WITH NPDES PROGRAM WAC 463-38-055 OTHER TERMS AND CONDITIONS.

In addition to the requirements of WAC 463-38-051, 463-38-052 and 463-38-053, each issued NPDES permit shall require that:

(1) All discharges authorized by the NPDES permit shall be consis-tent with the terms and conditions of the permit; any facility expan-sions, production increases or process modifications which would result in new or increased discharges of pollutants must be reported to the council by submission of a new NPDES application or supplement thereto or, if such discharge does not violate effluent limitations specified in the NPDES permit, by submission to the council of notice of such new or increased discharges of pollutants; any discharge of any pollutant more frequent than or at a level in excess of that iden-tified and authorized by the NPDES permit shall constitute a violation of the terms and conditions of the NPDES permit; (2) The permit may be modified, suspended or revoked in whole or in part during its terms for cause including, but not limited to, the following:

(a) Violation of any term or condition of the NPDES permit; (b) Obtaining an NPDES permit by misrepresentation or failure to disclose fully all relevant facts; and (c)

A change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge.

(3) The permittee shall allow the council or its authorized repre-sentative upon the presentation of credentials and at reasonable

• times:

(a) To enter upon permittee's premises in which an effluent source is located or in which any records are required to be kept under terms and conditions of the NPDES permit; (b)

To have access to and copy at reasonable cost any records required to be kept under terms and conditions of the NPDES permit; (c) To inspect any monitoring equipment or method required in the NPDES permit; or (d) To sample any discharge of pollutants.

(4) The permittee shall at all times maintain a good working order and operate as efficiently as possible any facilities or systems of control installed by the permittee to achieve compliance with the terms and conditions of the NPDES permit.

(5)

If a

toxic effluent standard or prohibition (including any schedule of compliance specified in such effluent standard or prohibi-tion) is established under section 307(a) of the act for a toxic pol-lutant which is present in the permittee's discharge and such standard or prohibition is more stringent than any limitation upon such pollu-tant in the NPDES permit, the council shall revise or modify the NPDES permit in accordance with the toxic effluent standard of prohibition and so notify the permittee.

[Order 114, S 463-38-055, filed 2/4/77.

Formerly WAC 463-16-055.]

WAC 463-38-060 NPDES PERMITS REVIEW AND APPEAL.

This section governs the procedures for re1ssuance, modification, suspension and revocation of NPDES permits.

In addition, the appeal procedure for an applicant or permittee is set out.

[Order 114, S

463-38-060, filed 2/4/77.

Formerly WAC 463-16-060.]

[Ch. 463-38 WAC-p 14]

(2/4/77)

COMPLIANCE WITH NPDES PRoGRAM 463-38-062 WAC 463-38-061 REISSUANCE OF NPDES PERMITS.

(1) Any permittee shall make application for reissuance of NPDES permits or continuation of discharges after the expiration date of his NPDES permit by filing with the council an application for reissuance of his permit at least 180 days prior to its expiration.

The filing requirement for reissu-ance shall be satisfied in the first instance by a simply written request for reissuance by the permittee to the

council, except that the council in its discretion may require any and/or all permittees to request a reissuance by submitting to the council all then applicable NPDES forms.

(2) The scope and manner of any review of an application for reis-suance of an NPDES permit by the council shall be sufficiently detailed as to insure the following:

(a)

That the permittee is in compliance with or has substantially complied with all of the terms, conditions, requirements and schedules of compliance of the,expired NPDES permit; (b) That the council has up-to-date information on the permittee 1 s production levels, permittee's waste treatment practices, nature, con-tent and frequencies of permittee's discharge, either pursuant to the submission of new forms and applications or pursuant to monitoring records and reports resubmitted to the council by the permittee and; (c) That the discharge is consistent with applicable effluent standards and limitations, water quality standards, and other legally applicable requirements listed in WAC 463-38-053 (1)(2), including any additions to, or revisions or modifications of such effluent standards and limitations, water quality standards, or other legally applicable requirements during the term of the permit.

(3) The notice and procedures specified in WAC 463-38-041 and 463-38-042 are applicable to each request for reissuance of an NPDES permit.

(4) Notwithstanding any other provision any point source of a dis-charge having a thermal component the construction of which is com-menced after the date of enactment of the Federal Water Pollution Control Act Amendments of 1972 and which is so constructed as to meet all applicable standards of performance shall not be subject to any more stringent standard of performance with respect to the thermal component of its discharge during a ten year period beginning on the date of completion of such construction or during the period of depre-ciation or amortization of such facility for the purposes of section 167 or 169 (or both) of the Internal Revenue Code of 1954, whichever period ends first.

[Order 114, S 463-38-061, filed 2/4/77.

Formerly WAC 463-16-061.]

WAC 463-38-062 MODIFICATION OF NPDES PERMIT.

(1) After notice and opportunity for a public hearing, any permit issued under the NPDES can be modified, suspended or revoked for cause, in whole or in part during its term.

(2) The council may, upon request of a permittee, revise or modify a schedule of compliance in an issued NPDES permit if the council determines good and valid cause exists for such revision and if within 30 days following receipt of notice from the council, the regional administrator does not object in writing.

(3) Any such modifications shall be executed by the council and the permittee in the same manner as the NPDES permit was executed, (2/4/77)

[Ch. 463-38 WAC-p 15]

463-38-062 COMPLIANCE WITH NPDES PROGRAM including full compliance with the requirements of WAC 463-38-041, 463-38-042 and 463-38-043.

[Order 114, S 463-38-062, filed 2/4/77.

Formerly WAC 463-16-062.]

WAC 463-38-063 APPEAL.

(1) The approval, rejection, or modifica-tion of an NPDES permit shall be subject to judicial review pursuant to the provisions of chapter 34.04 RCW.

(2)

No appeal shall be taken under paragraph 1 until such time as the council makes its recommendations to the governor pursuant to RCW 80.50.100(2).

[Order 114, S 463-38-063, filed 2/4/77.

Formerly WAC 463-16-063.]

WAC 463-38-064 TRANSMISSION TO REGIONAL ADMINISTRATOR OF PROPOSED NPDES PERMIT.

(1) Each proposed NPDES permit will be transmitted to the regional administrator in -

accordance with the following procedures:

(a) A copy of the proposed NPDES permit, including any and all

terms, conditions, requirements or documents which are a part of the proposed permit or which affect the authorization by the proposed per-mit of the discharge of pollutants except as to classes, types or sizes within any category of point sources waived in writing by the regional administrator.

(b) The regional administrator shall be provided a

ninety day period in which to comment upon, make recommendations with respect to, or object in writing to the issuance of the proposed permit pursuant to any right to object provided the administrator in section 402(d)(2) of the act.

No permit shall be issued if the regional administrator objects in writing to the issuance of such permit pursuant to any such right within said period, unless such objection is waived or withdrawn by the regional administrator in writing.

Should no such objection be received within said period, it shall be presumed that the administra-tor has no objection to the issuance of the proposed permit.

(2) A copy of every issued NPDES permit immediately following exe-cution by the applicant and the state, along with any and all terms, conditions, requirements or documents which are a part of such NPDES permit or which will affect the authorization of the discharge of pol-lutants will be sent to the regional administrator.

[Order 114, S 463-38-064, filed 2/4/77.

Formerly WAC 463-16-064.]

WAC 463-38-065 MONITORING AND ENFORCEMENT.

The council hereby

.Qelegates to the DOE the monitoring activities of water discharges under a certification agreement which incorporates the NPDES permit.

As a

result of said monitoring activities, DOE shall report to the council any activity by a permittee which in its judgment requires the initiation of appropriate enforcement activities by the council including those in WAC 463-38-055, pursuant to RCW 80.50.150.

The council shall then take or initiate action to enforce the terms of any certification agreement and the incorporated NPDES permit.

This in no way shall restrict any enforcement by other public agencies and offi-cials under existing law.

If DOE determines that immediate action is needed to enforce the act or any statute or regulation derived there-

from, it is delegated the enforcement authority and responsibility to

[*Ch. 463-38 WAC-p 16]

(2/4/77)

COMPLIANCE WITH NPDES PROGRAM 463-38-090 carry out such immediate action as it deems necessary and shall report such actions to the council.

Such action shall remain in effect until confirmed or modified by the council.

[Order 114, S 463-38-065, filed 2/4/77.

Formerly WAC 463-16-065.]

WAC 463-38-080 TRANSMITTAL OF DATA TO REGIONAL ADMINISTRATOR.

(1)

Copies of NPDES forms received by the council as outlined below shall be transmitted to the regional administrator:

(a) Upon receipt by the council; (b) A complete copy, or relevant portions thereof, of any appro-priate NPDES form received by the council;

- (2)

The regional administrator may object in writing to deficien-cies in any NPDES application or reporting form received by him and to have such deficiency corrected so long as he acts to inform by written letter the council within twenty days after his receipt of the NPDES application or reporting form.

If the regional administrator's objec-tion relates to an NPDES application, the regional administrator will be sent any information necessary to correct the deficiency.

If the regional administrator so

requests, the council will not issue the NPDES permit until they receive notice from the regional administrator that the deficiency has been corrected, which notice shall not be withheld for more than 30 days.

(3) For all minor discharges, the council may require the operator of such a

discharge to submit NPDES application forms or such other information as may be requested by the regional administrator.

[Order 114, S 463-38-080, filed 2/4/77.

Formerly WAC 463-16-080.]

WAC 463-38-090 CONFLICT OF INTEREST.

No member of the council shall have received, or has during the previous two years received, a significant portion of his income directly or indirectly from permit holders or applicants for an NPDES permit under the jurisdiction of this council.

(1) For the purposes of this section, the term "member" includes any individual who has or shares authority to approve permit applica-tions or portions thereof, either in the first instance or on appeal.

(2) For the purpose of this section, the term "permit holders or applicants for a permit" shall not include any department or agency of a state government.

(3)

For the purposes of this section, the term "significant por-tion of his income" shall mean ten percent of gross personal income for a calendar year, except that it shall mean fifty percent of gross personal income for a calendar year if the recipient is over 60 years of age and is receiving such portion pursuant to retirement pension or similar arrangement.

(4)

For the purposes of this section, the term "income" includes retirement benefits, consultant fees and stock dividends.

(5) For the purposes of this

section, income is not received "directly or indirectly from permit holders or applicants for a per-mit" if it is derived from mutual fund payments or from other diversi-fied investments over which the recipient does not know the identity of the primary source of income.

[Order 114, S 463-38-090, filed 2/4/77.

Formerly WAC 463-16-090.]

(2/4/77)

[Ch. 463-38 WAC-p 17]

_, u

WAC 463-39-010 463-39-020 463-39-030 463-39-040 463-39-050 463-39-060 463-39-080 463-39-100 463-39-110 463-39-115 463-39-120 463-39-130 463-39-135 463-39-150 463-39-170 GENERAL REGULATIONS FOR AIR POLLUTION SOURCES 463-39-030 Chapter 463-39 WAC GENERAL REGULATIONS FOR AIR POLLUTION SOURCES Purpose.

Applicability.

Definitions.

General standards for maximum permissible emissions.

Minimum emission standards for combustion and incinera-tion sources.

Minimum emission standards for general process sources.

Compliance schedules.

Registration.

New source review.

Standards of performance for new stationary sources.

Monitoring and special report.

Regulatory actions.

Criminal penalties.

Variance.

Conflict of interest.

WAC 463-39-010 PURPOSE.

The energy facility site evaluation

council, under the authority vested in it by chapter 80.50 RCW is charged with responsibilities for the conduct of a state-wide program of air pollution prevention and control for energy facilities.

This regulation provides the basic framework for carrying out the council's responsibilities for such a

program through the establishment of standards for maximum permissible emissions, the implementation of registration and notice requirements, provision for monitoring and reporting, and the identification of regulatory actions which may be taken to enforce standards.

This chapter is designed to operate within the statutory framework for the distribution of responsibili-ties between state, regional and local units of government in dealing with problems of air pollution.

[Statutory Authority:

RCW 80.50.040(1).

79-09-006 (Order 79-1), S 463-39-010, filed 8/6/79.]

WAC 463-39-020 APPLICABILITY.

The provisions of this chapter shall apply state-wide for those sources under the jurisdiction of the energy facility site evaluation council.

[Statutory Authority:

RCW 80.50.040(1).

79-09-006 (Order 79-1), S 463-39-020, filed 8/6/79.]

WAC 463-39-030 DEFINITIONS.

Unless a

different meaning is plainly required by context, the following words and phrases, as here-inafter used in this chapter, shall have the following meanings:

(6/30/82)

[Ch. 463-39 WAC-p 1]

6 7

463-39-030 GENERAL REGULATIONS FOR AIR POLLUTION SOURCES (1)

"Abnormal operation" means a process operation other than a normal operation which may result in emissions that exceed the stand-ards.

An abnormal operation can be anticipated and planned.

(2)

"Air contaminant" means dust, fumes, mist, smoke, other par-ticulate matter, vapor, gas, odorous substance, or any combination thereof.

"Air pollutant" means the same as "air contaminant."

(3)

"Air pollution" means the presence in the outdoor atmosphere of one or more air contaminants in sufficient quantities, and of such characteristics and duration as is, or is likely to be, injurious to human health, plant or animal life, or property, or which unreasonably interferes with enjoyment of life and property.

(4) "Allowable emissions" means the emission rate calculated using the maximum rated capacity of the source (unless the source is subject to enforceable permit conditions which limit the operating rate or hours of operation, or both) and the most stringent of the following:

(a)

Applicable standards as set forth in 40 CFR Part 60 and Part 61, or (b) The applicable state implementation plan emission limitation, (c) The emission,rate specified as a permit condition.

(5) "Ambient air" means the surrounding outside air.

(6) "Ambient air quality standard" means an established concentra-

tion, exposure time and frequency of occurrence of a contaminant or multiple contaminants in the air which shall not be exceeded.

(7) "Best available control technology" means an emission limita-tion (including a

visible emission standard) based on the maximum degree of reduction for each pollutant subject to this regulation which would be emitted from any proposed stationary source or major modification which the council on a case-by-case

basis, taking into account

energy, environmental, and economic impacts and other costs, determines is achievable for such source or modification through application of production processes or available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control of such pollutant.

In no event shall application of the best available control technology result in emissions of any pollutant which would exceed the emissions allowed by any applicable standard under 40 CFR Part 60 and Part

61.

If the council determines that technological or economic limitations on the application of measurement methodology to a

particular class of sources would make the imposition of an emission standard infeasible, it may instead prescribe a design, equipment, work practice or opera-tional standard, or combination thereof, to require the application of best available control technology.

Such standard shall, to the degree

possible, set forth the emission reduction achievable by implementa-tion of such design, equipment, work practice or operation and shall provide for compliance by means which achieve equivalent results.

The requirement of RCW 70.94.152 that a new source should provide "all known available and reasonable methods of emission control" is assumed to mean the same as best available control technology.

(8) "Capacity factor" means the ratio of the average load on a

machine or equipment for the period of time considered to the capacity rating of the machine or equipment.

(9) "Combustion and incineration sources" means sources using com-bustion for waste

disposal, steam production, chemical recovery or other process requirements; but excludes open burning.

[Ch. 463-39 WAC-p 2]

(6/30/82) ov

GENERAL REGULATIONS FOR AIR POLLUTION SOURCES 463-39-030

( 10) *~commenced construction" means that an owner or operator has undertaken a

continuous program of construction or modification or that an owner or operator has entered into a contractual obligation to undertake and complete, within a reasonable time, a continuous program of construction or modification.

(11) "Compliance schedule" means a schedule of steps to be taken to comply with emission requirements including a description of the specific steps and the date when each step will be completed.

(12) "Concealment" means any action taken to reduce the observed or measured concentrations of a pollutant in a gaseous effluent while, in fact, not reducing the total amount of pollutant discharge.

(13) "Council" means the energy facility site evaluation council.

(14)

"Chairman" means the chairman of the energy facility site evaluation council or his duly authorized representative.

(15) "Emission" means a release of contaminants into the ambient air.

( 16)

"Emission standard" means a regulation ( or portion thereof) setting forth an allowable rate of emissions, level of

opacity, or prescribing equipment or fuel specifications that result in control of air pollution emission.

(17)

"Excess emissions" means emissions of an air pollutant in excess of an emission standard.

(18) "Facility" means an identifiable process or activity that emits contaminants to the ambient air.

(19) "Fossil fuel-fired steam generator" means a furnace or boiler used in the process of burning fossil fuel for the primary purpose of producing steam by heat transfer.

(20) "Fugitive dust" means a type of particulate emission made airborne by forces of wind, man's activity, or both, such as unpaved roads, construction sites, or tilled land.

Two major categories are anthropogenic sources (those which result directly from and during human activities) and wind erosion sources (those resulting from ero-sion of soil by wind).

Fugitive dust is distinguished from fugitive emissions.

(21) "Fugitive emissions" means contaminants which are generated by industrial or other activities not covered by the fugitive dust definition and which are released to the atmosphere through openings such as

windows, vents, doors, or ill-fitting oven closures rather than through primary exhaust systems or are reentrained from unen-closed material handling operations.

Aggregate storage operations and active tailing piles are included in this category of sources.

(22)

"General process sources" means sources using a procedure or a combination of procedures for the purpose of causing a

change in material by either chemical or physical means excluding combustion.

(23) "Incinerator" means a furnace used for primarily the destruc-tion of waste.

( 24)

"Lowest achievable emission rate" means for any source, that rate of emissions which reflects:

(a) The most stringent emission limitation which is the implementation plan of any state for such class source, unless the owner or operator of the proposed strates that such limitations are not achievable; or contained in or category of source demon-(b)

The most stringent emission limitation which is achieved in practice by such class or category of

source, whichever is more stringent.

(6/30/82)

[Ch. 463-39 WAC-p 3]

61

,463-39-030 GENERAL REGULATIONS FOR AIR POLLUTION SOURCES In no event shall the application of this term permit a proposed new or modified source to emit any pollutant in excess of the amount allowable under applicable new source standards of performance.

( 25)

"Major source" means any stationary source which is subject to the jurisdiction of the energy facility site evaluation council under chapter 80.50 RCW and which is included in section 169(a)(i) of the Federal Clean Air Act.

(26) "Masking" means the mixing of a chemically nonreactive con-trol agent with a malodorous gaseous effluent to change the perceived odqr, usually to a less offensive odor.

(27) "Materials handling" means the handling, transporting, load-

ing, unloading, storage, and transfer of material with no significant alteration of the chemical or physical properties of the material.

(28) "New source" means a source constructed, installed or estab-lished after the effective date of this chapter.

Addition to or enlargement or replacement of a source or any major alteration or any change in a source which has the potential to increase emissions shall be construed as construction or installation or establishment of a new source.

(29)

"New source performance standards (NSPS)" means the federal regulations set forth in 40 CFR Part 60.

(30) "Nonattainment area" means a clearly delineated geographic area which has been designated by EPA promulgation as exceeding a National Ambient Air Quality Standard for one or more of the criteria pollutants.

(31)

"Opacity" means the degree to which an object seen through a plume is obscured, stated as a percentage.

(32) "Open burning" means the combustion of material in an open fire or in an outdoor container, without providing for the control of combustion or the control of the emissions from the combustion.

(33) "Particulate matter" means small discrete masses of liquid or solid, exclusive of uncombined water.

(34) "Person" means an individual, firm, public or private corpo-

ration, association, partnership, political subdivision, municipality or government agency.

(35) "Potential emissions" means the emissions of a pollutant from a source operated at maximum capacity in the absence of air pollution control equipment.

Air pollution control equipment includes control equipment which is not, aside from air pollution control laws and reg-ulations, vital to production of the normal product of the source or to its normal operation.

Annual potential shall be based on the maxi-mum annual rated capacity of the source, -unless the source is subject to enforceable permit conditions which limit the annual hours of oper-ation.

Enforceable permit conditions on the type or amount of materi-als combusted or processed may be used in determining the potential emission rate of a source.

(36)

"Reasonably available control technology (RACT)" means the lowest emission limit that a particular source is capable of meeting by the application of control technology that is reasonably available considering technological and economic feasibility.

RACT is deter-mined on a case-by-case basis for an individual source or source cate-

gory, taking into account the impact of the source upon air quality,'

the availability of additional controls, the emission reduction to be achieved by additional controls, the impact of additional controls on

[Ch. 463-39 WAC-p 4]

(6/30/82)

GENERAL REGULATIONS FOR AIR POLLUTION SOURCES 463-39-040 air quality and the capital and operating costs of the additional con-trols.

RACT requirements for any source or source category may be adopted as an order or regulation after public hearing.

(37) "Source" means one or more processes or operations which emit or may emit any contaminants to the ambient air.

A stationary source is composed of one or more pollutant emitting facilities.

(38) "Source category" means all sources of the same type or classification.

(39)

"Standard conditions" means a temperature of 60°F (15.6°C) and a pressure of 29.92 inches (760mm) of mercury.

(40) "Upset" means an unexpected sudden occurrence which may result in emissions in excess of the emission requirements.

[Statu-tory Authority:

RCW 80.50.040(1).

79-09-006 (Order 79-1), S 463 030, filed 8/6/79.]

WAC 463-39-040 GENERAL STANDARDS FOR MAXIMUM PERMISSIBLE EMIS-SIONS.

All sources are required to use reasonably available control technology to control emissions from point sources.

In cases where current controls are determined to be less than reasonably available control technology (RACT), the council shall, on a case-by-case basis, define RACT for each source and issue a regulatory order to the source for installation of RACT.

The order will contain a schedule for installation, with intermediate benchmark dates and a final completion date.

All sources in nonattainment areas shall be in compliance by December 31, 1982 with RACT requirements for nonattainment pollutants which have been defined by July 1,

1981.

For RACT requirements defined after July 1, 1981 sources will be placed on a compliance schedule which will be completed as soon as practicable.

(1) Visible emissions.

No person shall cause or permit the emis-sions for more than three minutes, in any one hour, of an air contami-nant from any source which at the emission point, or within a reasonable distance of the emission point, exceeds twenty percent opacity except as follows:

When the owner or operator of a source supplies valid data to show that the* opacity is in excess of twenty percent as the result of the presence of condensed water droplets.

(2) Preventing particulate matter from being deposited.

No person shall cause or permit the emission of particulate matter from any

_source to be deposited beyond the property under direct control of the owner or operator of the source in sufficient quantity to interfere unreasonably with the use and enjoyment of the property upon which the material is deposited.

(3) Fugitive emissions.

The owner or operator of any source involving materials

handling, construction, demolition or any other operation which is a source of fugitive emission:

(a) If located in an attainment area and not impacting any nonat-tainment

area, shall take reasonable precautions to prevent the release of air contaminants from the operation.

(b) If the source has been identified as a significant contributor to the nonattainment status of a designated nonattainment area, shall be *required to use reasonably available control technology to control e~issions.

Significance will be determined by an EPA interpretive ruling for PSD and offsets on file with the council.

(6/30/82)

[Ch. 463-39 WAC-p 5]

463-39-040 GENERAL REGULATIONS FOR AIR POLLUTION SOURCES (4)

Odors.

Any person who shall cause or allow the generation of any odor from any source which may unreasonably interfere with any other property owner's use and enjoyment of his property must use rec-ognized good practice and procedure to reduce these odors to a reason-able minimum.

(5)

Emission of air contaminants detrimental to persons or prop-erty.

No person shall cause or permit the emission of any air contam-inant from any source, including any air contaminant whose emission is not otherwise prohibited by this regulation, if the air contaminant causes detriment to the health, safety, or welfare of any person, or causes damage to property or business.

(6) Sulfur dioxide.

(a) No person shall cause or permit the emission of a gas contain-ing sulfur dioxide from any source in excess of 1,000 parts per mil-lion {ppm) of sulfur dioxide.

(b)

All concentrations of sulfur dioxide referred to above are by volume, dry, and, for combustion emissions the exhaust gas volume shall be corrected to seven percent oxygen.

(7)

Concealment and masking.

No person shall cause or permit the installation or use of any means which, conceals or masks an emission of an air contaminant which would otherwise violate any provisions of this chapter.

(8) Fugitive dust sources.

(a) The owner or operator of a source shall take reasonable pre-cautions to prevent fugitive dust from becoming airborne and shall maintain and operate the source to properly minimize emissions.

(b) The council may issue a regulatory order to the person respon-sible for a fugitive dust source and require measures to be used for control.

(9)

The owner or operator of any existing fugitive dust source that has been identified as a significant contributor to the nonat-tainment status of a designated nonattainment area shall be required to use reasonably available control technology to control emissions.

Significance will be determined by an EPA interpretive ruling for PSD and offsets on file with the council.

(10) All sources of fugitive dust required to use reasonably available control technology shall be in compliance by July 1, 1981 or on a compliance schedule which will be completed by December 31, 1982.

Sources required to use RACT after July 1, 1981 shall be placed on a compliance schedule which will be completed as soon as practicable.

(11) The development of specific requirements for a nonattainment area shall include consultation with local government in the area and an opportunity shall be provided for public comment on the measures.

(12) Whenever reasonably available control technology has been defined for a source or category of sources in any area, the council shall issue a regulatory order to the source or sources requiring that the defined measures be implemented and establishing a date when the implementation will be completed.

[Statutory Authority:

RCW 80.50.040(1).

79-09-006 (Order 79-1), S 463-39-040, filed 8/6/79.]

WAC 463-39-050 MINIMUM EMISSION STANDARDS fOR COMBUSTION AND INCINERATION SOURCES.

(1)

Combustion and incineration sources must meet all requirements of WAC 463-39-040 and, in addition, no person

[Ch. 463-39 WAC-p (6/30/82)

GENERAL REGULATIONS FOR AIR POLLUTION SOURCES 463-39-080 shall cause or permit emissions of particulate matter in excess of 0.10 grain per standard dry cubic foot.

(2) For all incinerator sources, no person shall cause or permit emissions in excess of 100 ppm of total carbonyls as measured by pro-cedures on file at the department of ecology.

Incinerators shall be operated only during daylight hours unless written permission to oper-ate at other times is received from the council.

(3)

Measured concentrations for combustion and incineration sources shall be adjusted for volumes corrected to seven percent oxygen.

If other sources are added to the effluent from the combustion source, the seven percent correction shall be made for the combined effluent unless the volume and concentration of the combustion efflu-ent can be determined separately.

(4) Other wood waste burners.

(a) Wood waste burners not specifically provided for in this sec-tion shall meet all provisions of WAC 463-39-040.

(b)

Such wood waste burners shall utilize equipment, facilities and practices which represent practical current state of technology.

All facilities shall be operated and maintained to minimize emissions.

(c)

The council may establish additional requirements for such wood waste burners located in or proposed for location in sensitive areas.

These requirements may include but shall not be limited to a requirement to eliminate all visible emissions.

[Statutory Authority:

RCW 80.50.040(1).

79-09-006 (Order 79-1),

S 463-39-050, filed 8/6/79.)

WAC 463-39-060 MINIMUM EMISSION STANDARDS FOR GENERAL PROCESS SOURCES.

General process sources shall be required to meet all appli-cable provisions of WAC 463-39-040 and, in addition, no person shall cause or permit the emission of particulate material from any general process operation in excess of one-tenth grain per standard cubic foot of dry exhaust gas.

[Statutory Authority:

RCW 80.50.040(1).

79 006 (Order 79-1), S 463-39-060, filed 8/6/79.]

WAC 463-39-080 COMPLIANCE SCHEDULES.

(1)

Whenever a source is found to be in violation of the provisions of this chapter, the coun-cil may issue a regulatory order which will include a schedule of com-pliance to bring the source into compliance with this chapter.

Opportunity for a public hearing on each proposed compliance schedule shall be provided by prominent advertisement of a notice identifying the proposal and announcing its availability for public inspection in at least one location in the county in which the source is located.

No public hearing on a proposed compliance schedule shall be held before thirty days after the publication of the above notice.

(2)

A source shall be considered to be in compliance with this chapter if all the provisions of its individual compliance schedule included within a

regulatory order issued hereunder are being met.

[Statutory Authority:

RCW 80.50.040(1).

79-09-006 (Order 79-1),

S 463-39-080, filed 8/6/79.)

(6/30/82)

[Ch. 463-39 WAC-p 7]

463-39-100 GENERAL REGULATIONS FOR AIR POLLUTION SOURCES WAC 463-39-100 REGISTRATION.

The owner or operator of each sta-tionary source subject to chapter 80.50 RCW shall register the source with the council.

Registration shall be on forms to be supplied by the council within the time specified thereon.

A report of closure shall be filed with the council whenever oper-ations producing emissions are permanently ceased at any source within the above categories.

[Statutory Authority:

RCW 80.50.040(1).

79-09-006 (Order 79-1), S 463-39-100, filed 8/6/79.]

WAC 463-39-110 NEW SOURCE REVIEW.

Whenever the construction of a new stationary source subJect to chapter 80.50 RCW is contemplated the owner or operator thereof is required to file a notice of construction with the council including a description of the source, the control equipment to be used and the estimated emissions from the proposed source.

For purposes of simplicity and elimination of duplication, the "notice of construction" may be incorporated into the application required to be filed pursuant to chapter 80.50 RCW.

(1) (a) The addition to or enlargement or replacement of or alter-ation in any energy facility source already existing which is under-taken pursuant to any approved variance which includes a

compliance schedule for the reduction of emissions therefrom shall be exempt from the requirements of this section provided the specific variance is an approved part of the SIP.

(b) The enlargement, modification, replacement, any process or source which will increase potential ent concentrations of any contaminant for which standard has been

set, will require the filing construction.

or alteration of emissions or ambi-a federal or state of a

notice of (c)

The replacement or modification of air pollution control equipment which will not increase emissions or ambient concentrations will not require the filing of a notice of construction.

(2)

Following the initial review of a notice of construction the council may require plans, specifications and such other information as deemed necessary for the review of the proposed project shall be submitted for review and approval prior to construction.

(3) The council shall review notices of construction and

plans, specifications and other information associated therewith in order to determine that:

(a) The proposed project will be in accord with applicable rules and regulations in force pursuant to chapter 70.94 RCW, including a determination that the operation of the new stationary source at the location proposeg will not result in any applicable federal or state ambient air quality standard being exceeded.

(b) The proposed project will utilize best available control tech-nology (BACT) for emission control.

If the source is_a major source and is located in a nonattainment area it will comply with the lowest achievable emission rate (LAER) for emissions of the contaminants for which nonattainrnent has been designated.

Compliance with department of ecology emission standards for hazardous air pollutants, sources of volatile organic compounds in nonattainrnent areas, and new source per-formance standards (NSPS) when applicable to the source will be required.

[Ch. 463-39 WAC-p (6/30/82)

GENERAL REGULATIONS FOR AIR POLLUTION SOURCES 463-39-110 (c)

The proposed project meets all requirements of prevention of significant deterioration regulations if applicable.

(d) The proposed project will not violate the requirements for reasonable further progress established by the implementation plan.

If the new source is a major source and is located in a nonattainment

area, the total allowable emissions from existing sources and the new source, of the contaminants for which nonattainment has been desig-

nated, must be less than allowable emissions from existing sources at the time the application for approval was filed.

(e) The emissions from the proposed source will not delay the attainment date for any nonattainment area.

(4)

After receipt of all information required by it, t~e council shall:

(a) Make preliminary determinations on the matters set forth in WAC 463-39-110(3);

(b) Make available in at least one location in the county or coun-ties in which the proposed project is located, a copy of the prelimi-nary determination and copies of or a

summary of the information considered in making such preliminary determinations; and (c)

Publish notice to the public of the opportunity for written comment on the preliminary determinations.

The period for taking pub-lic comments shall be thirty days from the date such notice is made.

(5) If, after review of all information received including public comment with respect to any proposed project, the council makes the determination of subdivisions (3)(a), (b), (c), (d) or (e) in the neg-ative, an order approving the construction, installation or establish-ment of the new stationary source shall not be issued.

(6) If, after review of all information received, including public comment with respect to any proposed project, the council makes the determinations of subdivisions (3)(a), (b), and where applicable, (c),

(d) and (e) in the affirmative, it shall issue an order of approval of the construction, installation or establishment of the new stationary source.

The order of approval may provide such conditions of opera-tion as are reasonably necessary to assure the continuous compliance with chapter 70.94 RCW and the applicable rules and regulations in force pursuant thereto.

(7)

For sources which locate temporarily (one year or less) at particular sites, the owner or operator shall be permitted to operate at a temporary location without filing a notice of construction, pro-viding that the owner or operator notifies the council of intent to operate at the new location at least thirty days prior to starting the operation, and supplies sufficient information to enable the council to determine that the operation will comply with the emission stand-ards for a new source and with the applicable ambient air standards.

The permission to operate shall be for a limited period of time and the council may set specific conditions for operation during said period.

A temporary source shall be required to comply with all applicable emission standards.

(8)

The owner or operator of a proposed new source shall not con-struct, install, establish or commence operations until written per-mission to proceed has been granted by the council and a valid energy facility site certification agreement is extant.

[Statutory Author-ity:

RCW 80.50.040(1).

79-09-00p (Order 79-1), S 463-39-110, filed 8/6/79.]

(6/30/82)

[Ch. 463-39 WAC-p 9)

463-39-115 GENERAL REGULATIONS FOR AIR POLLUTION SOURCES WAC 463-39-115 STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES.

Subparts A, D, Da, GG, J, Kand Y of Title 40, code of fed-eral regulations, part 60 (standards of performance for new stationary sources), as promulgated prior to May 1, 1982 qre by this reference adopted and incorporated herein with the exception of sections 60.5 (determination of construction or modification) and 60.6 (review of plans).

For the purpose of state administration of the federal regu-lations adopted by reference hereby, the term administrator" as used therein shall refer to the council.

Sections 60.5 and 60.6 of Title 40, code of federal regulations, are not incorporated herein because they provide for preconstruction review of new stationary sources only on request.

By virtue of WAC 463-39-110, such review under the state program is mandatory and an order of approval is required before the construction, installation or establishment of a

new stationary source may commence.

[Statutory Authority:

RCW 80.50.040(1).

82-14-051 (Order 82-3),

S 463-39-115, filed 6/30/82; 79-09-006 (Order 79-1), S 463-39-115, filed 8/6/79.]

WAC 463-39-120 MONITORING AND SPECIAL REPORT.

(1) Monitoring.

The department of ecology shall conduct a continuous surveillance pro-gram to monitor the quality of the ambient atmospheres to concentra-tions and movements of air contaminants.

As a part of this program, the director of the department of ecol-ogy or his authorized representative may recommend that any source under the jurisdiction of the council conduct stack and/or ambient air monitoring, and to report the results to the council and department of ecology.

(2) Investigation of conditions.

For the purpose of investigating conditions specific to the control, recovery, or release of air con-taminants into the atmosphere, the council, or its authorized repre-sentative, shall have the power to enter at reasonable times upon any private or public property, excepting nonmultiple unit private dwell-ings housing one or two families.

No person shall refuse entry or access to the council, or its authorized representative when entry is requested for the purpose of inspection, and when appropriate creden-tials are presented; nor shall any person obstruct, hamper, or inter-fere with any such inspection.

(3) Source testing.

In order to demonstrate compliance with this regulation the council may require that a test be made of the source using a method on file with the department of ecology.

The operator of a

source may be required by the council to provide the necessary platform and sampling ports for the department of ecology personnel to perform a test of the source.

The department of ecology shall be allowed to obtain a

sample from any source.

The operator of the source shall be given an opportunity to observe the sampling and to obtain a sample at the same time.

(4) Abnormal operations or upset conditions.

(a)

Upset conditions which may result in emissions in excess of the standards set by this chapter must be reported to the council within one working day.

Abnormal operations can be anticipated.and must be reported in advance of the occurrence of the abnormal opera-tion if it may result in emissions in excess of standards.

[Ch. 463-39 WAC-p 10]

(6/30/82)

GENERAL REGULATIONS FOR AIR POLLUTION SOURCES 463-39-120 (b)

Any period of excess emissions is presumed to be a violation

.unless and until the owner or operator demonstrates and the council finds that:

(i) The incident was reported as required, and (ii) Complete details were furnished the council, and (iii) Appropriate remedial steps have been taken, and (iv) The incident was unavoidable.

(c)

If the conditions of subdivision (b) of this subsection are met, the incident is excusable and a notice of violation will not be issued.

(d) If any of the conditions of subdivision (b) of this subsection are not met, the incident is not excusable and a notice of violation will be issued and a penalty may be assessed.

(e) For the council to find that an incident of excess emissions is unavoidable, the following conditions must be met:

(i)

The process equipment and the air pollution control equipment were at all times maintained and operated in a manner consistent with minimizing emissions.

(ii)

Repairs or corrections were made in an expeditious manner when the operator knew or should have known that emission limitations were being or would be exceeded.

Expeditious repairs or corrections require off-shift or overtime labor if such utilization will reduce the extent of excess,emission.

(iii)

The incident is not one in a recurring pattern which is indicative of inadequate design, operation or maintenance.

(iv) The amount and duration of the excess emissions as well as the impact of the emissions on ambient air quality were minimized by taking all reasonable steps.

(5) Continuous monitoring and recording.

Owners and operators of the following categories of stationary sources shall install, cali-brate, maintain and operate equipment for continuously monitoring and recording those emissions specified.

(a) Fossil fuel-fired steam generators.

(i) Opacity, except where:

(A) Stearn generator capacity is less than 250 million BTU per hour heat input, or (B) Only gaseous fuel is burned, or (C) Only oil or a mixture of oil and gas is burned and opacity and particulate regulations can be met without using particulate collec-tion equipment; and, the source has never, through any administrative or judicial procedure, been found in violation of any visible emission standard.

(ii) Sulfur dioxide, except where:

(A) Steam generator capacity is less than 250 million BTU per hour heat input; or (B) Sulfur dioxide control equipment has not been installed.

(iii) Percent oxygen or carbon dioxide where such measurements are necessary for the conversion of sulfur, dioxide continuous emission monitoring data.

(iv) General exception.

These requirements do not apply to a fos-sil fuel-fired steam generator with an annual average capacity factor of less than thirty percent, as reported to the Federal Power Commis-sion for calendar year 1974, or as otherwise demonstrated to the coun-cil by the owner or operator.

(6/30/82)

[Ch. 463-39 WAC-p 11]

"' r

463-39-120 GENER]\\L REGULATIONS FOR AIR POLLUTION SOURCES (b) Fluid bed catalytic cracking units catalyst regenerators at petroleum refineries.

Opacity where fresh feed capacity is more than 20,000 barrels per day.

(c) owners and operators of those sources required to install con-tinuous monitoring equipment under this regulation shall demonstrate to the council compliance with the equipment and performance specifi-cations, and observe the reporting requirements, contained in Title 40, code of federal regulations, part 51, appendix P, sections 3, 4 and 5, promulgated on October 6, 1975, which is by this reference adopted and incorporated herein.

(d)

All sources subject to this regulation shall procure and install equipment and commence monitoring and recording activities no later than eighteen months after adoption of this regulation by the council.

Any extension to this time requirement shall be negotiated through the variance procedure of WAC 463-39-150.

(e) Special considerations.

If for reason of physical plant limi-tations or extreme economic situations, the council determines that continuous monitoring is not a

reasonable requirement, alternative monitoring and reporting procedures will be established on an individ-ual basis.

These will generally take the form of stack tests con-ducted at a frequency sufficient to establish the emission levels over time and to monitor deviations in these levels.

(f) Exemptions.

This subsection (5) does not apply to any source which is:

(i) Subject to a new source performance standard.

(ii) Not subject to an applicable emission standard.

(iii) Monitoring system malfunctions.

A source may be temporarily exempted from the monitoring and reporting requirements of this regu-lation during periods of monitoring system malfunctions provided that the source owner or operator shows to the satisfaction of the council that the malfunction was unavoidable and is being repaired as expedi-tiously as practicable.

(6) Emission inventory.

The owner or operator of any air contami-nant source shall submit an inventory of emissions from the source each year upon a form and according to instructions received from the council.

The inventory shall include stack and fugitive emissions of particulates, sulfur dioxide, carbon monoxide, total reduced sulfur compounds (TRS),

fluorides,

lead, volatile organic compounds, and other contaminants, and shall be submitted when required no later than forty-five days after the end of the calendar year.

The inventory shall include total emissions for the year in tons per year and an

.estimate of the percentage of the total emitted each quarter.

An estimate shall be made of the maximum design emission rate for a one hour period and a twenty-four hour period during the year.

The report shall include the average sulfur content of any fuel or raw material used which will result in emissions of more than twenty-five tons per year of sulfur dioxide.

(7) Change in raw materials or fuels.

Any change or series of changes in raw material or fuel which will result in a cumulative increase in emissions of sulfur dioxide of fifty tons per year or more over that stated in the initial inventory required by WAC 463 120(6) shall require the submittal of sufficient information to the council to determine the effect of the increase upon ambient concen-trations of sulfur dioxide.

The council may require controls to

[Ch. 463-39 WAC-p 12]

(6/30/82)

GENERAL REGULATIONS FOR AIR POLLUTION SOURCES 463-39-150 reduce the effect of such increases.

Cumulative changes in raw mate-rial or fuel of less than 0.5 percent increase in average sulfur con-tent over the initial inventory shall not require such notice.

[Statutory Authority:

RCW 80.50.040(1).

79-09-006 (Order 79-1), S 463-39-120, filed 8/6/79.]

WAC 463-39-130 REGULATORY ACTIONS.

The council may take any of the following regulatory actions to enforce this chapter:

(1)

Notice of violation.

Whenever the council has reason to believe that any provision of this chapter has been violated, it may cause written notice to be served on the alleged violator or viola-tors.

The notice shall specify the provision of this chapter alleged to be violated and the facts alleged to constitute a violation thereof, and may include an order that necessary corrective action be taken within a reasonable time.

(2) Civil penalty.

Whenever any person violates any of the provi-sions of this chapter, he shall be subject to a penalty in the form of a

fine in an amount not to exceed two hundred fifty dollars per day for each violation.

Each such violation shall be separate and dis-tinct

and, in case of a continuing violation, each day's continuance shall be a separate and distinct violation.

The penalty shall be imposed by a

notice in writing from the chairman, or his authorized representative, describing the violation with reasonable particularity. *

(3)

Assurance of discontinuance.

The chairman, or his authorized representative, may accept an assurance of discontinuance of any act or practice deemed in violation of this chapter.

Any such assurance shall specify a time limit during which discontinuance is to be accom-plished.

Failure to perform the terms of any such assurance shall constitute prima facie proof of a violation of this chapter which makes the alleged act or practice unlawful for the purpose of securing an injunction or other relief from the superior court.

(4) Restraining orders, injunctions.

Whenever any person has engaged in, or is about to engage in, any acts or practices which con-stitute or will constitute a violation of any provision of this chap-ter, the council, after notice to such person and an opportunity to comply, may petition the superior court of the county wherein the vio-lation is alleged to be occurring or to have occurred for a restrain-ing order or a

temporary or permanent injunction or another appropriate order.

(5)

Emergency episodes.

The council may issue such orders as authorized by chapter 80.50 RCW, whenever an air pollution episode is forecast.

[Statutory Authority:

RCW 80.50.040(1).

79-09-006 (Order 79-1), S 463-39-130, filed 8/6/79.]

WAC 463-39-135 CRIMINAL PENALTIES.

Persons in violation of this chapter may be subject to the provisions of chapter 80.50 RCW.

[Stat-utory Authority:

RCW 80.50.040(1).

79-09-006 (Order 79-1), S 463 135, filed 8/6/79.]

WAC 463-39-150 trol of a

plant, (6/30/82)

VARIANCE.

building, (1)

Any person who owns or is in con-structure, establishment,

process, or

[Ch. 463-39 WAC-p 13]

If

463-39-150 GENERAL REGULATIONS FOR AIR POLLUTION SOURCES equipment may apply to the council for a variance from provisions of this chapter governing the quality, nature,

duration, or extent of discharges of air contaminants.

The application shall be accompanied by such information and data as the council may require.

The council may grant such variance, but only after public hearing or due notice if it finds that:

(a) The emissions occurring or proposed do not endanger public health or safety; and (b)

Compliance with the rules or regulations from which variance is sought would produce serious hardship without equal or greater ben-efits to the public.

(2) No variance shall be granted pursuant to this section until the council has considered the relative interests of the applicant, other owners of property likely to be affected by the discharges, and the general public.

(3)

Any variance or renewal thereof shall be granted within the requirements of subsection (1) of this section and for time periods and under conditions consistent with the reasons therefor, and within the following limitations:

(a) If the variance is granted on the ground that there is no practicable means known or available to the adequate prevention, abatement or control of the pollution involved, it shall be only until the necessary means for prevention, abatement or control become known and available, and subject to the taking of any substitute or alter-nate measures that the council may prescribe.

(b) If the variance is granted on the ground that compliance with the particular requirement or requirements from which variance is sought will require the taking of measures

which, because of their extent or cost, must be spread over a considerable period of time, it shall be for a period not to exceed such reasonable time as, in the view of the council is requisite for the taking of the necessary mea-sures.

A variance granted on the ground specified herein shall con-tain a timetable for the taking of action in an expeditious manner and shall be conditioned on adherence to such timetable.

(c)

If the variance is granted on the ground that it is justified to relieve or prevent hardship of a kind other than that provided for 1n subdivisions (a) and (b) of this subsection, it shall be for not more than one year.

(4) Any variance granted pursuant to this section may be renewed on terms and conditions and for periods which would be appropriate on initial granting of a variance.

If complaint is made to the council on account of the variance, no renewal thereof shall be granted unless following a public hearing on the complaint on due notice the council finds that renewal is justified.

No renewal shall be granted except on application therefor.

Any such application shall be made at least sixty days prior to the expiration of the variance.

Immediately upon receipt of an application for renewal, the council shall give public notice of such application in accordance with its rules and regµlations.

(5) A variance or renewal shall not be a right of the applicant or holder thereof but shall be granted at the discretion of the council.

However, any applicant adversely affected by the denial or terms and conditions of the granting of an application for a variance or renewal of a variance by the council may obtain judicial review thereof under the provisions of chapter 34.04 RCW as now or hereafter amended.

[Ch. 463-39 WAC-p 14]

(6/30/82)

GENERAL REGULATIONS FOR AIR POLLUTION SOURCES 463-39-170

_ (6) Nothing in this section and no variance or renewal granted pursuant hereto shall be construed to prevent or limit the application of the emergency provisions and procedures of RCW 70.94.415 to any person or his property.

(7) An application for a variance, or for the renewal

thereof, submitted to the council pursuant to this section shall be approved or disapproved by the council within sixty-five days of receipt unless the applicant and the council agree to a continuance.

(8) No variance or renewal shall be construed to set aside or delay any requirem~nts of the federal clean air act except with the approval and written concurrence of the federal environmental protec-tion agency.

[Statutory Authority:

RCW 80.50.040(1).

79-09-006

{Order 79-1), S 463-39-150, filed 8/6/79.)

WAC 463-39-170 CONFLICT OF INTEREST.

No member of the council shall have received, or has during the previous two years received, a significant portion of his income directly or indirectly from permit holders or applicants for a

permit under the jurisdiction of this council.

(1) For the purposes of this section, the term

member" includes any individual who has or *shares authority to approve permit applica-tions or portions thereof, either in the first instance or on appeal.

(2) For the purpose of this section, the term "permit holders or applicants for a permit" shall not include any department or agency of a state government.

(3)

For the purposes of this section, the term "significant por-tion of his income" shall mean ten percent of gross personal income for a calendar year, except that it shall mean fifty percent of gross personal income for a calendar year if the recipient is over sixty years of age and is receiving such portion pursuant to retirement pen-sion or similar arrangement.

(4)

For the purposes of this section, the term "income" includes retirement benefits, consultant fees and stock dividends.

(5) For the purposes of this

section, income is not received "directly or indirectly from permit holders or applicants for a per-mit" if it is derived from mutual fund payments or from other diversi-fied investments over which the recipient does not know the identity of the primary source of income.

[Statutory Authority:

RCW 80.50.040(1).

79-09-006 (Order 79-1), S 463-39-170, filed 8/6/79.)

(6/30/82)

[Ch. 463-39 WAC-p 15)

WAC 463-40-010 463-40-020 463-40-030 463-40-040 Purpose.

Coverage.

Regulations.

DANGEROUS WASTES Chapter 463-40 WAC DANGEROUS WASTES Monitoring and enforcement.

463-40-040 WAC 463-40-010 PURPOSE.

The energy facility site evaluation

council, under authority invested in it by chapter 80.50 RCW is charged with the responsibility of adopting rules sufficient to the protection of the public and the environment from the effects of dan-gerous wastes generated at energy facilities subject to chapter 80.50 RCW.

[Statutory Authority:

RCW 80.50.040(1).

83-01-127 (Order 82-5), S 463-40-010, filed 12/22/82.]

WAC 463-40-020 COVERAGE.

The provisions of this chapter shall apply state-wide for those generators of dangerous wastes under the jurisdiction of the energy facility site evaluation council.

[Statu-tory Authority:

RCW 80.50.040(1).

83-01-127 (Order 82-5), S 463 -020, filed 12/22/82.]

WAC 463-40-030 REGULATIONS.

Notwithstanding the provisions of WAC 173-303-801, to the extent of their applicability and appropriate-ness, the provisions of chapter 173-303 WAC shall apply to the on-site activities, at energy facilities subject to this chapter, which involve the generation, storage, transportation, treatment or disposal of dangerous wastes.

[Statutory Authority:

RCW 80.50.040(1).

83 127 (Order 82-5), S 463-40-030, filed 12/22/82.]

WAC 463-40-040 MONITORING AND ENFORCEMENT.

The council will con-tract with the department of ecology (DOE) for the monitoring activi-ties for dangerous wastes regulated by this chapter under a

certification agreement.

As a result of said monitoring activities, DOE shall report to the council any activity by a permittee which in its judgment requires the initiation of appropriate enforcement activ-ities by the council.

The council shall then take or initiate action to enforce the terms of any certification agreement.

This in no way shall restrict any enforcement by other public agencies and officials under existing law.,If DOE determines that immediate action is needed to enforce the act or any statute or regulation derived therefrom, it shall report immediately to the chairman who shall initiate such imme-diate enforcement action as may be necessary.

Such action shall (12/22/82)

[Ch. 463-40 WAC-pl]

463-40-040 DANGEROUS WASTES remain in effect until confirmed or modified by the council.

[Statu-tory Authority:

RCW 80.50.040(1).

83-01-127 (Order 82-5), S 463 040, filed 12/22/82.]

7S

[Ch. 463-40 WAC-p 2]

(12/22/82)

APPLICATIONS FOR SITE CERTIFICATIONCh. 463-42 Digest Chapter 463-42 WAC PROCEDURE--GUIDELINES--APPLICATIONS FOR SITE CERTIFICATION WAC 463-42-010 463-42-012 463-42-015 463-42-025 463-42-035 463-42-045 463-42-055 463-42-065 463-42-075 463-42-085_

463-42-095 463-42-105 463-42-115 463-42-125

• 463-42-135 463-42-145 463-42-155 463-42-165 463-42-175 463-42-185 463-42-195 463-42-205 463-42-215 463-42-225 463-42-235 463-42-245 463-42-255 463-42-265 463-42-275 463-42-285 463-42-295 463-42-305 463-42-315 463-42-325 463-42-335 463-42-345 463-42-355 463-42-365 463-42-375 463-42-385 463-42-395 463-42-405 463-42-415 463-42-425 463-42-435 (12/22/82)

Purpose and scope.

General--Organization-~Index.

General--Description of applicant.

General--Designation of agent.

General--Fee.

General--Where filed.

General--Form and number of copies.

General--Full disclosure by applicants.

General--Assurances.

General--Mitigation measures.

General--Sources of information.

General--Graphic material.

General--Specific contents and applicability.

Proposal--Site description.

Proposal--Legal descriptions and ownership interests.

Proposal--Construction on site.

Proposal--Energy transmission systems.

Proposal--Water supply.

Proposal--System of heat dissipation.

Proposal--Characteristics of aquatic discharge systems.

Proposal--Wastewater treatment.

Proposal--Spillage prevention and control.

Proposal--Surface-water runoff.

Proposal--Emission control.

Proposal--Construction and operation activities.

Proposal--Construction management.

Proposal--Construction methodology.

Proposal--Protection from natural hazards.

Proposal--Security concerns.

Proposal--Study schedules.

Proposal--Potential for future activities at site.

Physical environment--Contour maps.

Physical environment--Earth removal.

Physical environment--Landscape restoration.

Physical environment--Environmental safeguards--Geologic and hydrologic survey.

Physical environment--Air pollution control.

Physical environment--Air pollution impact.

Physical environment--Dust control.

Physical environment--Odor control.

PSD application.

Physical environment--Water source and usage.

Physical environment--Compatibility with water quality standards.

Physical environment--Hydrographic study of waters.

Physical environment--Ground-water activity.

Physical environment--NPDES application.

[Ch. 463-42 WAC-pl]

Ch. 463-42 Digest APPLICATIONS FOR SITE CERTIFICATION 463-42-445 463-42-455 463-42-465 463-42-475 463-42-485 463-42-495 463-42-505 463-42-515 463-42-525 463-42-535 463-42-545 463-42-555-463-42-565 463-42-575 463-42-585 463-42-595 463-42-605 463-42-615 463-42-625 463-42-635 463-42-645 Physical environment--Inventory of potentially affected vegetation, animal life, and aquatic life described.

Physical environment--Impact of construction and opera-tion on vegetation, animal life, and aquatic life.

Physical environment--Description of measures taken to protect vegetation, animal life, and aquatic life.

Physical environment--Noise and glare.

Physical environment--Local land use plans and zoning ordinances.

Physical environment--Multipurpose use of transmission routes.

Physical environment--Safety standards compliance.

Physical environment--Safety where public access allowed.

Physical environment--Emergency plans.

Human environment--Socioeconomic impact.

Human environmeni--Access.

Human environment--Transportation impact.

Human environment--Transportation facility construction.

Human environment--Transportation of fuels and waste products.

Human environment--Energy consumption.

Human environrnent--Solid wastes disposal.

Human environment--Radiation levels.

Human environrnent--Aesthetics.

Human environment--Criteria, standards, and factors uti-lized to develop transmission route.

Human environment--Historical, archaeological, and recre-ational site preservation/creation.

Analysis of alternatives.

DISPOSITION OF SECTIONS FORMERLY CODIFIED IN THIS CHAPTER 463-42-020 463-42-030 463-42-040 463-42-050 Basic requirement--Full disclosure by applicants.

[Order

113, S 463-42-020, filed 2/4/77.]

Repealed by 81-21-006 (Order 81-5), filed 10/8/81.

Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

Later promulgation, see WAC 463-42-065.

Application--Where filed.

[Order

113, S

463-42-030, filed 2/4/77.]

Repealed by 81-21-006 (Order 81-5), filed 10/8/81.

Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

Later promulgation, see WAC 463 045.

Application--Form and number of copies.

[Order 113, S 463-42-040, filed 2/4/77.]

Repealed by 81-21-006 (Order 81-5),

filed 10/8/81.

Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

Later promulgation, see WAC 463-42-055.

Application--Organization--Index.

[Order 113, S 463 050, filed 2/4/77.]

Repealed by 81-21-006 (Order 81-5),

filed 10/8/81.

Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

Later promulgation, see WAC 463-42-012.

[Ch. 463-42 WAC-p 2]

(12/22/82)

Ch. 463-42 Digest APPLICATIONS FOR SITE CERTIFICATION 463-42-180 463-42-190 463-42-200 463-42-210 463-42-220 463-42-230 463-42-240 463-42-250 463-42-260 463-42-270 filed 10/8/81.

Statutory and chapter 80.50 RCW.42-015.

Authority:

RCW 80.50.040(1)

Later promulgation, see WAC 463-Content--Site description.

[Order

113, S

463-42-180, filed 2/4/77.]

Repealed by 81-21-006 (Order 81-5), filed 10/8/81.

Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

Later promulgation, see WAC 463 125.

Content--Legal descriptions and ownership interests.

[Order 113, S 463-42-190, filed 2/4/77.]

Repealed by 81-21-006 (Order 81-5), filed 10/8/81.

Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

Later promulga-tion, see WAC 463-42-135.

Content--Land use plans and zoning ordinances.

[Order 113, S 463-42-200, filed 2/4/77.]

Repealed by 81-21-006 (Order 81-5),

filed 10/8/81.

Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

Later promulgation, see WAC 463-42-485.

Content--Construction on site.

[Order 113, S 463-42-210, filed 2/4/77.]

Repealed by 81-21-006 (Order 81-5), filed 10/8/81.

Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

Later promulgation, s.ee WAC 463 145.

Content--Contour maps.

[Order 113, S 463-42-220, filed 2/4/77.]

Repealed by 81-21-006 (Order 81-5),

filed 10/8/81.

Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

Later promulgation, see WAC 463 305.

Content--Access.

[Order

113, S

463-42-230, filed 2/4/77.]

Repealed by 81-21-006 (Order 81-5),

filed 10/8/81.

Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

Later promulgation, see WAC 463 545.

Content--Energy transmission systems.

[Order 113, S 463-42-240, filed 2/4/77.]

Repealed by 81-21-006 (Order 81-5),

filed 10/8/81.

Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

Later promulgation, see WAC 463-42-155.

Content--Criteria, standards, and factors utilized to develop transmission route.

[Order 113, S 463-42-250, filed 2/4/77.]

Repealed by 81-21-006 (Order 81-5), filed 10/8/81.

Statutory Authority:

RCW 80.50.040(1) and chapter 80,50 RCW.

Later promulgation, see WAC 463 625.

Content--Multipurpose use of transmission routes.

[Order 113, S 463-42-260, filed 2/4/77.]

Repealed by 81-21-006 (Order 81-5),

filed 10/8/81.

Statutory Authority:

RCW 80.50.040(1) and chapter ao.50 RCW.

Later promulgation, see WAC 463-42-495.

Content--Safety where public access allowed.

[Order 113, S

463-42-270, filed 2/4/77.]

Repealed by 81-21-006 (Order 81-5), filed 10/8/81.

Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

Later promulgation, see WAC 463-42-515.

[Ch. 463-42 WAC-p 4]

(12/22/82)

I,'(

463-42-060 463-42-070 463-42-080 463-42-090 463-42-100 463-42-110 463-42-120 463-42-130 463-42-140 463-42-150 463-42-160 463-42-170 (12/22/82)

APPLICATIONS FOR SITE CERTIFICATIONCh. 463-42 Digest Application--Specific contents and applicability.

[Order

113, S 463-42-060, filed 2/4/77.]

Repealed by 81-21-006 (Order 81-5), filed 10/8/81.

Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

Later promulgation, see WAC 463-42-115.

Application--Optional application form and content.

[Order 113, S 463-42-070, filed 2/4/77.]

Repealed by 81-21-006 (Order 81-5), filed 10/8/81.

Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

Application--Option (2) procedural schedule.

[Order 113, S

463-42-080, filed 2/4/77.]

Repealed by 81-21-006 (Order 81-5), filed 10/8/81.

Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

Application--Designation of agent.

[Order 113, S 463 090, filed 2/4/77.]

Repealed by 81-21-006 (Order 81-5),

filed 10/8/81.

Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

Later promulgation, see WAC 463-42-025.

Application--Fee.

2/4/77.]

Repealed 10/8/81.

Statutory chapter 80.50 RCW.

035.

[Order

113, S

463-42-100, filed by 81-21-006 (Order 81-5),

filed Authority:

RCW 80.50.040(1) and Later promulgation, see WAC 463 Content--Graphic material.

[Order

113, S

463-42-110, filed 2/4/77.]

Repealed by 81-21-006 (Order 81-5), filed 10/8/81.

Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

Later promulgation, see WAC 463 105.

Content--Sources of information.

[Order 113, S 463 120, filed 2/4/77.]

Repealed by 81-21-006 (Order 81-5),

filed 10/8/81.

Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

Later promulgation, see WAC 463-42-095.

Content--Construction and study schedules.

[Order 113, S 463-42-130, filed 2/4/77.]

Repealed by 81-21-006 (Order 81-5),

filed 10/8/81.

Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

Later promulgation, see WAC 463-42-285.

Content--Potential for future activities at site.

[Order 113, S 463-42-140, filed 2/4/77.]

Repealed by 81-21-006 (Order,81-5),

filed 10/8/81.

Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

Later promulgation, see WAC 463-42-295.

Content--Analysis of alternatives.

[Order 113, S 463 150, filed 2/4/77.]

Repealed by 81-21-006 (Order 81-5),

filed 10/8/81.

Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

Later promulgation, see WAC 463-42-645.

Content--Safety standards compliance.

[Order 113, S 463-42-160, filed 2/4/77,]

Repealed by 81-21-006 (Order 81-5),

filed 10/8/81.

Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

Later promulgation, see WAC 463-42-505.

Content--Description of applicant.

[Order 113, S 463 170, filed 2/4/77.]

Repealed by 81-21-006 (Order 81-5),

[Ch. 463-42 WAC-p 3]

463-42-280 463-42-290 463-42-300 463-42-310 463-42-320 463-42-330 463-42-340 463-42-350 463-42-360 463-42-370 463-42-380 (12/22/82)

APPLICATIONS FOR SITE CERTIFICATIONCh. 463-42 Digest Content--Radiation levels.

[Order

113, S

463-42-280, filed 2/4/77.]

Repealed by 81-21-006 (Order 81-5), filed 10/8/81.

Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

Later promulgation, see WAC 463 605.

Content--Protection from natural hazards.

[Order 113, S 463-42-290, filed 2/4/77.]

Repealed by 81-21-006 (Order 81-5),

filed 10/8/81.

Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

Later promulgation, see WAC 463-42-265.

Content--Security concerns.

[Order 113, S 463-42-300, filed 2/4/77.]

Repealed by 81-21-006 (Order 81-5), filed 10/8/81.

Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

Later promulgation, see WAC 463 275.

Content--Emergency plans.

[Order

113, S

463-42-310, filed 2/4/77.]

Repealed by 81-21-006 (Order 81-5), filed 10/8/81.

Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

Later promulgation, see WAC 463 525.

Content--Earth removal.

[Order 113, S 463-42-320, filed 2/4/77.]

Repealed by 81-21-006 (Order 81-5),

filed 10/8/81.

Statutory Authority:

RCW 80.50.040(1) and chapter 80.50.RCW.

Later promulgation, see WAC 463 315.

Content--Surface-water runoff.

[Order 113, S 463-42-330, filed 2/4/77.]

Repealed by 81-21-006 (Order 81-5), filed 10/8/81.

Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

Later promulgation, see WAC 463 215.

Content--Landscape restoration.

[Order 113, S 463 340, filed 2/4/77.]

Repealed by 81-21-006 (Order 81-5),

filed 10/8/81.

Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

Later promulgation, see WAC 463-42-325.

Content--Transportation impact.

[Order 113, S 463 350, filed 2/4/77.]

Repealed by 81-21-006 (Order 81-5),

filed 10/8/81.

Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

Later promulgation, see WAC 463-42-555.

Content--Transportation facility construction.

[Order 113, S 463-42-360, filed 2/4/77.]

Repealed by 81-21-006 (Order 81-5),

filed 10/8/81.

Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

Later promulgation, see WAC 463-42-565.

Content--Transportation of fuels and waste products.

[Order 113, S 463-42-370, filed 2/4/77.]

Repealed by 81-21-006 (Order 81-5), filed 10/8/81.

Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

Later promulga-tion, see WAC 463-42-575.

Content--Environmental safeguards--Geologic and hydro-logic survey.

[Order 113, S 463-42-380, filed 2/4/77.]

Repealed by 81-21-006 (Order 81-5), filed 10/8/81.

Stat~

utory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

Later promulgation, see WAC 463-42-335.

[Ch. 463-42 WAC-p 5]

Ch. 463-42 Digest APPLICATIONS FOR SITE CERTIFICATION 463-42-390 463-42-400 463-42-410 463-42-420 463-42-430 463-42-440 463-42-450 463-42-460 463-42-470 463-42-480 463-42-4~0 Content--Water source and usage.

[Order 113, S 463 390, filed 2/4/77.]

Repealed by 81-21-006 (Order 81-5),

filed 10/8/81.

Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

Later promulgation, see WAC 463-42-395.

Content--Water supply.

[Order 113, S 463-42-400, filed 2/4/77.]

Repealed by 81-21-006 (Order 81-5),

filed 10/8/81.

Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

Later promulgation, see WAC 463 165.

Content--Compatibility with water quality standards.

[Order 113, S 463-42-410, filed 2/4/77.]

Repealed by 81-21-006 (Order 81-5), filed 10/8/81.

Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

Later promulga-tion, see WAC 463-42-405.

Content--Spillage prevention and control.

[Order 113, S 463-42-420, filed 2/4/77.]

Repealed by 81-21-006 (Order 81-5),

filed 10/8/81.

Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

Later promulgation, see WAC 463-42-205.

Content--System of heat dissipation.

[Order 113, S 463-42-430, filed 2/4/77.]

Repealed by 81-21-006 (Order 81-5),

filed 10/8/81.

Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

Later promulgation, see WAC 463-42-175.

Content--Characteristics of aquatic discharge systems.

[Order 113, S 463-42-440, filed 2/4/77.]

Repealed by 81-21-006 (Order 81-5), filed 10/8/81.

Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

Later promulga-tion, see WAC 463-42-185.

Content~-Hydrographic study of waters.

[Order 113, S 463-42-450, filed 2/4/77.]

Repealed by 81-21-006 (Order 81-5),

filed 10/8/81.

Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

Later promulgation, see WAC 463-42-415.

Content--Ground-water activity.

[Order 113, S 463 460, filed 2/4/77.]

Repealed by 81-21-006 (Order 81-5),

filed 10/8/81.

Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

Later promulgation, see WAC 463-42-425.

Content--Wastewater treatment.

[Order 113, S 463-42-470, filed 2/4/77.]

Repealed by 81-21-006 (Order 81-5), filed 10/8/81.

Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

Later promulgation, see WAC 463 195.

Content--NPDES application.

[Order 113, S 463-42-480, filed 2/4/77.]

Repealed by 81-21-006 (Order 81-5), filed 10/8/81.

Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

Later promulgation, see WAC 463 435.

Content--Solid wastes disposal.

[Order

113, S

463~42-

490, filed 2/4/77.]

Repealed by 81-21-006 (Order 81-5),

filed 10/8/81.

Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

Later promulgation, see WAC 463-42-595.

[Ch. 463-42 WAC-p 6]

(12/22/82)

463-42-500 463-42-510 463-42-520 463-42-530 463-42-540 463-42-550 463-42-560

• 463-42-570 463-42-580 463-42-590 463-42-600 (12/22/82)

APPLICATIONS FOR SITE CERTIFICATIONCh. 463-42 Digest Content--Air pollution control.

[Order

113, S

463 500, filed 2/4/77.]

Repealed by 81-21-006 (Order 81-5),

filed 10/8/81.

Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

Later promulgation, see WAC 463-42-345.

Content--Air pollution impact.

[Order 113, S 463-42-510, filed 2/4/77.]

Repealed by 81-21-006 (Order 81-5), filed 10/8/81.

Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

Later promulgation, see WAC 463 355.

Content--Emission control.

[Order

113, S

463-42-520, filed 2/4/77.]

Repealed by 81-21-006 (Order 81-5), filed 10/8/81.

Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

Later promulgation, see WAC 463 225.

Content--Dust control.

[Order 113, S 463-42-530, filed 2/4/77.]

Repealed by 81-21-006 (Order 81-5),

filed 10/8/81.

Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

Later promulgation, see WAC 463 365.

Content--Odor control.

[Order 113, S 463-42-540, filed 2/4/77.]

Repealed by 81-21-006 (Order 81-5),

filed 10/8/81.

Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

Later promulgation, see WAC 463 375.

Content--Inventory of potentially affected vegetation, animal life, and aquatic life described.

[Order

113, S

463-42-550, filed 2/4/77.]

Repealed by 81-21-006 (Order 81-5),

filed 10/8/81.

Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

Later promulgation, see WAC 463-42-445.

Content--Impact of construction and operation on vegeta-

tion, animal life, and aquatic life.

[Order 113, S 463-42-560, filed 2/4/77.]

Repealed by 81-21-006 (Order 81-5),

filed 10/8/81.

Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

Later promulgation, see WAC 463~42-455.

Content--Description of measures taken to protect vegeta-

tion, animal life, and aquatic life.

[Order 113, S 463-42-570, filed 2/4/77.]

Repealed by 81-21-006 (Order 81-5),

filed 10/8/81.

Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

Later promulgation, see WAC 463-42-465.

Content--Aesthetics.

[Order

113, S

463-42-580, filed 2/4/77.]

Repealed by 81-21-006 (Order 81-5),

filed 10/8/81.

Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

Later promulgation, see WAC 463 615.

Content--Noise and glare.

[Order

113, S 463-42-590, filed 2/4/77.]

Repealed by 81-21-006 (Order 81-5), filed 10/8/81.

Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

Later promulgation, see WAC 463 475.

Content--Energy consumption.

[Order 113, S

463-42-600, filed 2/4/77.]

Repealed by 81-21-006 (Order 81-5), filed

[Ch. 463-42 WAC-p 7]

.Ch. 463-42 Digest APPLICATIONS FOR SITE CERTIFICATION 463-42-610 463-42-620 10/8/81.

Statutory Authority:

RCW chapter 80.50 RCW.

Later promulgation, 585.

80.50.040(1) and see WAC 463 Content--Historical, archaeological, and recreational site preservation/creation.

[Order

113, S

463-42-610, filed 2/4/77.]

Repealed by 81-21-006 (Order 81-5), filed 10/8/81.

Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

Later promulgation, see WAC 463 635.

Content--Socioeconomic impact.

[Order 113, S 463-42-620, filed 2/4/77.]

Repealed by 81-21-006 (Order 81-5), filed 10/8/81.

Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

Later promulgation, see WAC 463 535.

WAC 463-42-010 PURPOSE AND SCOPE.

This chapter sets forth guide-lines for preparation of applications for energy facility site certi-fication pursuant to chapter 80.50 RCW.

[Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

81-21-006 (Order 81-5), S 463 010, filed 10/8/81; Order 113, S 463-42-010, filed 2/4/77.

Formerly chapter 463-12 WAC.]

WAC 463-42-012 GENERAL--ORGANIZATION--INDEX.

Except as may be otherwise approved by the council and except as otherwise provided below with respect to applications covering nuclear power plants, the contents of the application shall be organized in the same order as these guidelines.

In the case of an application covering a

nuclear power plant, the environmental report prepared for the nuclear regula-tory commission may be substituted for the comparable sections of the site certification application, provided that the environmental report is supplemented as necessary to comply with this chapter and that an index is included listing these guidelines in order and identifying where each applicable guideline is addressed.

[Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

81-21-006 (Order 81-5), S 463-42-012, filed 10/8/81.

Formerly WAC 463-42-050.]

WAC 463-42-015 GENERAL--DESCRIPTION OF APPLICANT.

The applicant shall provide an appropriate description of the applicant's organiza-tion and affiliations for this proposal.

[Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

81-21-006 (Order 81-5), S 463 015, filed 10/8/81.

Formerly WAC 463-42-170]

WAC 463-42-025 GENERAL--DESIGNATION OF AGENT.

The applicant shall designate an agent to receive communications on behalf of the applicant.

[Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

81-21-006 (Order 81-5), S 463-42-025, filed 10/8/81.

Formerly WAC 463-42-090.]

[Ch. 463-42 WAC-p 8]

(12/22/82)

APPLICATIONS FOR SITE CERTIFICATION 463-42-085 WAC 463-42-035 GENERAL--FEE.

The statutory fee shall accompany an application and shall be a condition precedent to any action by the council.

Payment shall be by a cashier's check payable to the state treasurer.

[Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

81-21-006 (Order 81-5), S 463-42-035, filed 10/8/81.

Formerly WAC 463-42-100.]

WAC 463-42-045 GENERAL--WHERE FILED.

Applications for site cer-tification shall be filed with the council at the council office.

[Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

81 006 (Order 81-5), S 463-42-045, filed 10/8/81.

Formerly WAC 463 030.]

WAC 463-42-055 GENERAL--FORM AND NUMBER OF COPIES.

Applications shall be on 8-1/2 by 11 11 sheets, in loose-leaf form with a hard cover binder.

Thirty-five copies of the application shall be supplied to the council, and two copies to each county, and one copy to each port district in which the site is located at the time that the original is filed.

In addition, one copy shall be supplied to each intervenor on admission to the proceedings.

Information later submitted shall be by page-for-page substitutions suitable for insertion in the application binder.

[Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

81-21-006 (Order 81-5), S 463-42-055, filed 10/8/81.

Formerly WAC 463-42-040.]

WAC 463-42-065 GENERAL--FULL DISCLOSURE BY APPLICANTS.

It is recognized that these guidelines can only be comprehensive in a rela-tive sense.

Therefore, and in addition to the other guidelines con-tained

herein, the council adopts the basic guideline that an applicant for site certification must identify in the application all information known to the applicant which has a bearing on site certi-fication. - [Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

81-21-006 (Order 81-5), S 463-42-065, filed 10/8/81.

Formerly WAC 463-42-020.]

WAC 463-42-075 GENERAL--ASSURANCES.

The application shall set forth insurance, bonding or other arrangements proposed in order to mitigate for damage or loss to the physical or human environment caused by project construction or operation.

[Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

81-21-006 (Order 81-5),

S 463-42-075, filed 10/8/81.]

WAC 463-42-085 GENERAL--MITIGATION MEASURES.

The application shall describe the means to be utilized to minimize or mitigate possi-ble adverse impacts on the physical or human environments.

[Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

81-21-006 (Order 81-5), S 463-42-085, filed 10/8/81.]

(12/22/82)

[Ch. 463-42 WAC-p 9]

463-42-095 APPLICATIONS FOR SITE CERTIFICATION WAC 463-42-095 GENERAL--SOURCES OF INFORMATION.

The applicant shall disclose sources of all information and data and shall identify all preapplication studies bearing on the site and other sources of information.

[Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

81-21-006 (Order 81-5),

S 463-42-095, filed 10/8/81.

Formerly WAC 463-42-120.)

WAC 463-42-105 GENERAL--GRAPHIC MATERIAL.

It is the intent that material submitted pursuant to these guidelines shall be descriptive and shall include illustrative graphics in addition to narration.

This requirement shall particularly apply to subject matter that deals with

systems, processes, and spacial relationship.

The material so submitted shall be prepared in a professional manner and in such form and scale as to be understood by those who may review it.

[Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

81-21-006 (Order 81-5), S 463-42-105, filed 10/8/81.

Formerly WAC 463-42-110.]

WAC 463-42-115 GENERAL--SPECIFIC CONTENTS AND APPLICABILITY.

It is recognized that not all sections of these guidelines apply equally to all proposed energy facilities.

If the applicant deems a particu-lar section to be totally inapplicable the applicant must justify such conclusion in response to said section.

The applicant must address all sections of this chapter and must substantially comply with each section, show it does not apply or secure a waiver from the council.

Information submitted by the applicant shall be accompanied by acer-tification by applicant that all EFSEC application requirements have been

reviewed, the data have been prepared by qualified professional personnel, and the application is substantially complete.

[Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

81-21-006 (Order 81-5), S 463-42-115, filed 10/8/81.

Formerly WAC 463-4.2-060.]

WAC 463-42-125 PROPOSAL--SITE DESCRIPTION.

The application shall contain a description of the proposed site indicating its location, prominent geographic features, typical geological and climatological characteristics, and other information necessary to provide a general understanding of all sites involved, including county or regional land use plans and zoning ordinances.

[Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

81-21-006 (Order 81-5), S 463 125, filed 10/8/81.

Formerly WAC 463-42-180.]

WAC 463-42-135 PROPOSAL--LEGAL DESCRIPTIONS AND OWNERSHIP ESTS.

(1) Principal facility:

The application shall contain description of the site to be certified and shall identify the cants and all nonprivate ownership interests in such land.

INTER-a legal appli-(2)

Ancillary facilities:

For those facilities described in RCW 80.50.020 (6) and (7) the application shall contain the legal metes and bounds description of the preferred centerline of the corridor necessary to construct and operate the facility contained therein, the width of the corridor, or variations in width between survey stations if appropriate, and shall identify the applicant's and others owner-ship interests in lands over which the preferred centerline is

[Ch. 463-42 WAC-p 10]

(12/22/82)

APPLICATIONS FOR SITE CERTIFICATION 463-42-195 described and of those lands lying equidistant for 1/4 mile either side of such center line.

[Statutory Authority:

RCW 80.50.040(1).

83-01-128 (Order 82-6),

S 463-42-135, filed 12/22/82.

Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

81-21-006 (Order 81-5), S 463-42-135, filed 10/8/81.

Formerly WAC 463-42-190.]

WAC 463-42-145 PROPOSAL--CONSTRUCTION ON SITE.

The applicant shall describe the characteristics of the construction to occur at the proposed site including the type, size, and cost of the facility; description of major components and such information as will acquaint the council with the significant features of the proposed project.

[Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

81 006 (Order 81-5), S 463-42-145, filed 10/8/81.

Formerly WAC 463 210.]

WAC 463-42-155 PROPOSAL--ENERGY TRANSMISSION SYSTEMS.

The appli-cant shall discuss the criteria utilized as well as describe the rout-ing, the conceptual design, and the construction schedule for all facilities identified in RCW 80.50.020(6) and (7) which are proposed to be constructed.

[Statutory Authority:

RCW 80.50.040(1).

83 128 (Order 82-6), S 463-42-155, filed 12/22/82.

Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

81-21-006 (Order 81-5),

S 463-42-155, filed 10/8/81.

Formerly WAC 463-42-240.]

WAC 463-42-165 PROPOSAL--WATER. SUPPLY.

The applicant shall describe the location and type of water intakes and associated facili-ties.

[Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

81-21-006 (Order 81-5),

S 463-42-165, filed 10/8/81.

Formerly WAC 463-42-400.]

WAC 463-42-175 PROPOSAL--SYSTEM OF HEAT DISSIPATION.

The appli-cant shall describe both the proposed and alternative systems for heat dissipation from the proposed facilities.

[Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

81-21-006 (Order 81-5), S 463 175, filed 10/8/81.

Formerly WAC 463-42-430.]

WAC 463-42-185 PROPOSAL--CHARACTERISTICS OF AQUATIC DISCHARGE SYSTEMS.

Where discharges into a watercourse are involved, the appli-cant shall identify outfall configurations and show proposed loca-tions.

[Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

81-21-006 (Order 81-5), S 463-42-185, filed 10/8/81.

Formerly WAC 463-42-440.]

WAC 463-42-195 PROPOSAL--WASTEWATER TREATMENT.

The applicant shall describe each wastewater source associated with the facility and for each source, the applicability of all known, available, and rea-sonable methods of wastewater control and treatment.

Where wastewater control involves collection and retention for recycling and/or resource recovery, the applicant shall show in detail the methods (12/22/82)

[Ch. 463-42 WAC-p 11]

463-42-195 APPLICATIONS FOR SITE CERTIFICATION

selected, including at least the following information:

Waste source(s), average and maximum daily amounts and composition of

wastes, storage capacity and

duration, and any bypass or overflow facilities to the wastewater treatment system(s) or the receiving waters.

Where wastewaters are discharged into receiving waters, the applicant shall provide a detailed description of the proposed treat-ment system(s), including appropriate flow diagrams and tables showing the sources of all tributary waste streams, their average and maximum daily amounts and composition, individual treatment units and their design criteria, major piping (including all bypasses), and average and maximum daily amounts and composition of erfluent(s).

[Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

81-21-006 (Order 81-5), S 463-42-195, filed 10/8/81.

Formerly WAC 453-42-470.)

WAC 463-42-205 PROPOSAL--SPILLAGE PREVENTION AND CONTROL.

The applicant shall describe all spillage prevention and control measures to be employed regarding accidental and/or unauthorized discharges or emissions, relating such information to specific facilities, including but not limited to locations, amounts, storage duration, mode of han-dling, and transport.

[Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

81-21-006 (Order 81-5),

S 463-42-205, filed 10/8/81.

Formerly WAC 463-42-420.]

WAC 463-42-215 PROPOSAL--SURFACE-WATER RUNOFF.

The applicant shall describe how surface-water runoff and erosion are to be con-trolled during construction and operation to assure compliance with state water quality standards.

[Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

81-21-006 (Order 81-5), S 463 215, filed 10/8/81.

Formerly WAC 463-42-330.]

A I WAC 463-42-225 PROPOSAL--EMISSION CONTROL.

The applicant shall demonstrate that the highest and best practicable treatment for con-trol of emissions will be utilized in facility construction and opera-tion.

In the case of fossil fuel power plants and petroleum refineries, the applicant should deal with products containing sulphur and particulates..

In the case of a nuclear-fueled plant, the appli-cant should deal with optional plant designs as these may relate to gaseous emissions.

[Statutory Authority:

RCW 80.50.040(1) and chap-ter 80.50 RCW.

81-21-006 (Order 81-5), S 463-42-225, filed 10/8/81.

Formerly WAC 463-42-520.]

WAC 463-42-235 PROPOSAL--CONSTRUCTION AND OPERATION ACTIVITIES.

The applicant shall:

Provide the proposed construction schedule, identify the major milestones, and describe activity levels versus time in terms of craft and noncraft employment; and describe the pro-posed operational employment levels.

[Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

81-21-006 (Order 81-5), S 463 235, filed 10/8/81.)

['Ch. 463-42 WAC-p 12]

(12/22/82)

APPLICATIONS FOR SITE CERTIFICATION WAC 463-42-245 PROPOSAL--CONSTRUCTION MANAGEMENT.

The shall describe the organizational structure including the of project quality and environmental functions.

[Statutory RCW 80.50.040(1) and chapter 80.50 RCW.

81-21-006 (Order 463-42-245, filed 10/8/81.]

463-42-305 applicant management Authority:

81-5),

S WAC 463-42-255 PROPOSAL--CONSTRUCTION METHODOLOGY.

The applicant shall describe in detail the construction procedures, including major equipment, proposed for any construction activity within watercourses, wetlands and other sensitive areas.

[Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

81-21-006 (Order 81-5), S 463 255, filed 10/8/81.]

WAC 463-42-265 PROPOSAL--PROTECTION FROM NATURAL HAZARDS.

The applicant shall describe the means employed for protection of the facility from earthquakes, flood, tsunami, storms, avalanche or land-

_slides, and other major natural disruptive occurrences.

[Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

81-21-006 (Order 81-5), S 463-42-265, filed 10/8/81.

Formerly WAC 463-42-290.]

WAC 463-42-275 PROPOSAL--SECURITY CONCERNS.

The applicant shall describe the means employed for protection of the facility from sabo-tage, vandalism and other security threats.

[Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

81-21-006 (Order 81-5), S 463-42-275, filed 10/8/81.

Formerly WAC 463-42-300.]

SCHEDULES.

The applicant shall present or projected schedules for The studies descriptions should WAC 463-42-285 PROPOSAL--STUDY furnish a brief description of all additional environmental studies.

outline their scope and indicate tory Authority:

RCW 80.50.040(1)

(Order 81-5), S 463-42-285, filed projected completion dates.

[Statu-and chapter 80.50 RCW.

81-21-006 10/8/81.

Formerly WAC 463-42-130.]

WAC 463-42-295 PROPOSAL--POTENTIAL FOR FUTURE ACTIVITIES AT SITE.

The applicant shall describe the potential for any future additions, expansions, or further activities which might be undertaken by the applicant on or contiguous to the proposed site.

[Statutory Author-ity:

RCW 80.50.040(1) and chapter 80.50 RCW.

81-21-006 (Order 81-5),

S 463-42-295, filed 10/8/81.

Formerly WAC 463-42-140.]

WAC 463-42-305 PHYSICAL ENVIRONMENT--CONTOUR MAPS.

The applicant shall include contour maps showing the original topography and any changes likely to occur as a result of energy facility construction and related activities.

Contour maps showing proposed shoreline or channel changes shall also be furnished.

[Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

81-21-006 (Order 81-5), S 463 305, filed 10/8/81.

Formerly WAC 463-42-220.]

(12/22/82)

[Ch. 463-42 WAC-p 13]

463-42-315 APPLICATIONS FOR SITE CERTIFICATION WAC 463-42-315 PHYSICAL ENVIRONMENT--EARTH REMOVAL.

The appli-cant shall describe all procedures to be utilized to minimize erosion and other adverse consequences during the removal of vegetation, exca-vation of borrow pits, foundations and trenches, disposal of surplus materials, and construction of earth fills.

The location of such activities shall be described and the quantities of material shall be indicated.

[Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

81-21-006 (Order 81-5), S 463-42-315, filed 10/8/81.

Formerly WAC 463-42-320.]

WAC 463-42-325 PHYSICAL ENVIRONMENT--LANDSCAPE RESTORATION.

The applicant shall describe the procedures to be utilized to restore or enhance the landscape disturbed during construction (to include tem-porary roads).

[Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

81-21-006 (Order 81-5),

S 463-42-325, filed 10/8/81.

Formerly WAC 463-42-340.]

WAC 463-42-335 PHYSICAL ENVIRONMENT--ENVIRONMENTAL SAFEGUARDS--

GEOLOGIC AND HYDROLOGIC SURVEY.

The applicant shall include the results of a comprehensive hydrologic and geologic survey showing con-ditions at the site, the nature of foundation materials, and potential seismic activities.

[Statutory Authority:

RCW 80.50.040(1) and chap-ter 80.50 RCW.

81-21-006 (Order 81-5), S 463-42-335, filed 10/8/81.

Formerly WAC 463-42-380.]

WAC 463-42-345 PHYSICAL ENVIRONMENT--AIR POLLUTION CONTROL.

The applicant shall identify all pertinent air pollution control stand-ards.

The application shall contain adequate data showing air quality and meteorological conditions at the site.

Meteorological data shall include, at least, adequate information about wind direction patterns, air stability, wind velocity patterns, precipitation,

humidity, and temperature.

The applicant shall describe the means to be utilized to assure compliance with air quality and emission standards.

[Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

81-21-006 (Order 81-5), S 463-42-345, filed 10/8/81.

Formerly WAC 463-42-500.]

WAC 463-42-355 PHYSICAL ENVIRONMENT--AIR POLLUTION IMPACT.

The applicant shall describe the extent to which facility operations may cause visible plumes, fogging, misting, icing, or impairment of visi-

bility, and changes in ambient levels caused by all emitted pollu-tants.

[Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

81-21-006 (Order 81-5), S 463-42-355, filed 10/8/81.

Formerly WAC 463-42-510.]

WAC 463-42-365 PHYSICAL ENVIRONMENT--DUST CONTROL.

The applicant shall describe for any area affected, all dust sources created by con-struction or operation of the facility and shall describe how these are to be minimized or eliminated.

[Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

81-21-006 (Order 81-5), S 463 365, filed 10/8/81.

Formerly WAC 463-42-530.]

[Ch. 463-42 WAC-p 14]

(12/22/82)

APPLICATIONS FOR SITE CERTIFICATION 463-42-425 WAC 463-42-375 PHYSICAL ENVIRONMENT--ODOR CONTROL.

The applicant shall describe for the area affected, all odors caused by construction or operation of the facility and shall describe how these are to be minimized or eliminated.

[Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

81-21-006 (Order 81-5),

S 463-42-375, filed 10/8/81.

Formerly WAC 463-42-540.)

WAC 463-42-385 PSD APPLICATION.

The applicant shall include a

completed prevention of significant deterioration permit application.

[Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

81 006 (Order 81-5), S 463-42-385, filed 10/8/81.]

WAC 463-42-395 PHYSICAL ENVIRONMENT--WATER SOURCE AND USAGE.

The applicant shall indicate the source and the amount of water required during construction and operation of the plant and show that it is available for this use and describe all existing water

rights, with-drawal authorizations or restrictions which relate to the proposed source.

[Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

81-21-006 (Order 81-5), S 463-42-395, filed 10/8/81.

Formerly WAC 463-42-390.]

WAC 463-42-405 PHYSICAL ENVIRONMENT--COMPATIBILITY WITH WATER QUALITY STANDARDS.

The applicant shall demonstrate that facility con-struction and/or operational discharges will be compatible with and meet state water quality standards.

[Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

81-21-006 (Order 81-5), S 463 405, filed 10/8/81.

Formerly WAC 463-42-410.]

WAC 463-42-415 PHYSICAL ENVIRONMENT--HYDROGRAPHIC STUDY OF WATERS.

The application shall set forth all background water quality data pertinent to the site, and hydrographic study data and analysis of the receiving waters within one-half mile of any proposed discharge location with regard bo:, Bottom configuration; minimum, average and maximum water depths and velocities; water temperature and salinity profiles; anticipated effluent distribution and

dilution, and plume characteristics under all discharge conditions; and other relevant characteristics which could influence the impact of any wastes dis-charged thereto.

[Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

81-21-006 (Order 81-5),

S 463-42-415, filed 10/8/81.

Formerly WAC 463-42-450.]

WAC 463-42-425 PHYSICAL ENVIRONMENT--GROUND-WATER ACTIVITY.

The applicant shall describe any changes in ground-water activity or qual-ity which might result from project construction or operation.

[Stat-utory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

81-21-006 (Order 81-5), S 463-42-425, filed 10/8/81.

Formerly WAC 463-42-460.]

(12/22/82)

[Ch. 463-42 WAC-p 15]

C/0

o//

463-42-435 APPLICATIONS FOR SITE CERTIFICATION WAC 463-42-435 PHYSICAL ENVIRONMENT--NPDES APPLICATION.

The applicant shall include a completed National Pollutant Discharge Elim-ination System permit application.

[Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

81-21-006 (Order 81-5), S 463 *435, filed 10/8/81.

Formerly WAC 463-42-480.]

WAC 463-42-445 PHYSICAL ENVIRONMENT--INVENTORY OF POTENTIALLY AFFECTED VEGETATION, ANIMAL LIFE, AND AQUATIC LIFE DESCRIBED.

The applicant shall describe all vegetation, animal life, and aquatic life which might reasonably be affected by construction and/or operation of the energy facility and any associated facilities.

Any endangered species or noteworthy species or habitat shall receive special atten-tion.

Assessment of these factors shall include density and distribu-tion information.

[Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

81-21-006 (Order 81-5),

S 463-42-445, filed 10/8/81.

Formerly WAC 463-42-550.]

WAC 463-42-455 PHYSICAL ENVIRONMENT--IMPACT OF CONSTRUCTION AND OPERATION 1ON VEGETATION, ANIMAL LIFE, AND AQUATIC LIFE.

The applicant shall describe the proJected effect of facility construction and/or operation upon vegetation, animal life, and aquatic life.

[Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

81-21-006 (Order 81-5), S 463-42-455, filed 10/8/81, Formerly WAC 463-42-560.]

WAC 463-42-465 PHYSICAL ENVIRONMENT--DESCRIPTION OF MEASURES TAKEN TO PROTECT VEGETATION, ANIMAL

LIFE, AND AQUATIC LIFE.

The application shall contain a full description of each measure to be taken by the applicant to protect vegetation, animal life, and aquatic life from the effects of facility operation and construction.

[Statu-tory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW, 81-21-006 (Order 81-5), S 463-42-465, filed 10/8/81.

Formerly WAC 463-42-570.]

WAC 463-42-475 PHYSICAL ENVIRONMENT--NOISE AND GLARE.

The appli-cant shall describe the impact of lights, noise, and glare from con-struction and operation and shall describe the measures to be taken in order to eliminate or lessen this impact.

[Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

81-21-006 (Order 81-5), S 463 475, filed 10/8/81.

Formerly WAC 463-42-590.]

WAC 463-42-485 PHYSICAL ENVIRONMENT--LOCAL LAND USE PLANS AND ZONING ORDINANCES.

As part of the application, the applicant shall furnish copies of adopted land use plans and zoning ordinances, including the latest land use regulation and a survey of present land uses within the following distances of the immediate site area:

(1) In the case of thermal power plants, 25 miles radius; (2) In the case of petroleum refineries 10 miles radius; (3) In the case of petroleum or LNG storage areas or underground natural gas

storage, 10 miles radius from center of storage area or well heads;

[Ch. 463-42 WAC-p 16]

(12/22/82)

APPLICATIONS FOR SITE CERTIFICATION 463-42-535 (4) In the case of pipe lines and electrical transmission

routes, 1

mile either side of center line.

[Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

81-21-006 (Order 81-5), S 463 485, filed 10/8/81.

Formerly WAC 463-42-200.]

WAC 463-42-495 PHYSICAL ENVIRONMENT--MULTIPURPOSE USE OF TRANS-MISSION ROUTES.

The applicant shall indicate consideration of multi-purpose utilization of rights of way and describe the measures to be employed to utilize, restore, or rehabilitate disturbed areas.

[Stat-utory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

81-21-006 (Order 81-5), S 463-42-495, filed 10/8/81.

Formerly WAC 463-42-260.]

WAC 463-42-505 PHYSICAL ENVIRONMENT--SAFETY STANDARDS COMPLIANCE.

The applicant shall identify all federal, state, and local health and safety standards which would normally be applicable to the construc-tion and operation of a project of this nature and shall describe methods of compliance therewith.

[Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

81-21-006 (Order 81-5), S 463 505, filed 10/8/81.

Formerly WAC 463-42-160.]

WAC 463-42-515 PHYSICAL ENVIRONMENT--SAFETY WHERE PUBLIC ACCESS ALLOWED.

The applicant shall describe the means proposed ~o insure safe utilization of those areas under applicant's control to which public access will be granted.

[Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

81-21-006 (Order 81-5), S 463 515, filed 10/8/81.

Formerly WAC 463-42-270.]

WAC 463-42-525 PHYSICAL ENVIRONMENT--EMERGENCY PLANS.

The appli-cant shall describe emergency plans which will be required to assure the public safety and environmental protection on and off the site in the event of a natural disaster or other major incident relating to or affecting the project and further, will identify the specific respon-sibilities-which will be assumed by the applicant.

[Statutory Author-ity:

RCW 80.50.040(1) and chapter,80.50 RCW.

81-21-006 (Order 81-5),

S 463-4-2-525, filed 10/8/81.

Formerly WAC 463-42-310.]

WAC 463-42-535 HUMAN ENVIRONMENT--SOCIOECONOMIC IMPACT.

The applicant shall submit a detailed socioeconomic impact study which identifies primary and secondary and positive as well as negative impacts on the socioeconomic environment with particular attention and analysis of impact on population, work forces, property values, hous-

ing, traffic, health and safety facilities and services, education facilities and services, and local economy.

[Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

81-21-006 (Order 81-5), S 463-42-535, filed 10/8/81.

Formerly WAC 463-42-620.]

(12/22/82)

[Ch. 463-42 WAC-p 17]

463-42-545 APPLICATIONS FOR SITE CERTIFICATION WAC 463-42-545 HUMAN ENVIRONMENT--ACCESS.

The applicant shall describe existing roads, railroads, and other transportation facili-ties and indicate what additional access, if any, will be needed dur-ing planned construction and operation.

[Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

81-21-006 (Order 81-5), S 463 545, filed 10/8/81.

Formerly WAC 463-42-230.)

WAC 463-42-555 HUMAN ENVIRONMENT--TRANSPORTATION IMPACT.

The applicant shall identify all permanent transportation facilities impacted by the construction and operation of the energy facilities, the nature of the impacts and the methods to mitigate impacts.

Such impact identification, description and mitigation shall, at least, take into account:

(1)

Expected traffic volumes during construction, based on where the work force is expected to reside; (2) Access routes for moving heavy loads, construction materials or equipment; (3)

Expected traffic volumes during normal operation of the facility; (4) For transmission facilities, anticipated maintenance access; and (5)

Consistency with local comprehensive transportation plans.

[Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

81 006 (Order 81-5), S 463-42-555, filed 10/8/81.

Formerly WAC 463 350.)

WAC 463-42-565 HUMAN ENVIRONMENT--TRANSPORTATION FACILITY CON-STRUCTION.

The applicant shall indicate the applicable standards to be utilized in improving existing transportation facilities and in constructing new permanent or temporary access facilities, and shall indicate the final disposition of new access facilities and identify who will maintain them.

[Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

81-21-006 (Order 81-5),

S 463-42-565, filed 10/8/81.

Formerly WAC 463-42-360.]

WAC 463-42-575 HUMAN ENVIRONMENT--TRANSPORTATION OF FUELS AND WASTE PRODUCTS.

Except where security restrictions are imposed by the federal government, the applicant shall indicate the manner in which fuels and waste products are to be transported to and from the facil-

ity, including a

designation of the specific routes to be utilized.

[Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

81 006 (Order 81-5), S 463-42-575, filed 10/8/81.

Formerly WAC 463 370.]

WAC 463-42-585 HUMAN ENVIRONMENT--ENERGY CONSUMPTION.

The appli-cant shall generally describe the energy consumption during both con-struction and operation of the proposed facilities as to sources of s~pply, locations of use, types, amounts, and new delivery facilities.

[Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

81 006 (Order 81-5), S 463-42-585, filed 10/8/81.

Formerly WAC 463 600.]

[Ch. 463-42 WAC-p 18]

(12/22/82)

APPLICATIONS FOR SITE CERTIFICATION 463-42-635 WAC 463-42-595 HUMAN ENVIRONMENT--SOLID WASTES DISPOSAL.

The applicant shall describe the disposition of all solid or semisolid construction and operation wastes including spent fuel,

ash, sludge, and bottoms, and show compliance with applicable state and local com-prehensive solid waste disposal plans.

[Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

81-21-006 (Order 81-5), S 463 595, filed 10/8/81.

Formerly WAC 463-42-490.]

WAC 463-42-605 HUMAN ENVIRONMENT--RADIATION LEVELS.

For facili-ties which propose to release any radioactive materials, the applicant shall set forth information relating to radioactivity.

Such informa-tion shall include background radiation levels of appropriate receptor media pertinent to the site.

The applicant shall also describe the proposed radioactive waste treatment process, the anticipated release of radionuclides, their expected distribution and retention in the environment, the pathways which may become sources of radiation expo-

sure, and projected resulting radiation doses to human populations.

Other sources of radiation which may be associated with the project shall be described in all applications.

[Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

81-21-006 (Order 81-5), S 463 605, filed 10/8/81.

Formerly WAC 463-42-280.]

WAC 463-42-615 HUMAN ENVIRONMENT--AESTHETICS.

The applicant shall describe the aesthetic impact of the proposed energy facility

.and associated facilities and any alteration of surrounding terrain.

The presentation will show the location and design of the facilities relative to the physical features of the site in a way that will show how the installation will appear relative to its surroundings.

[Stat-utory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

81-21-006 (Order 81-5), S 463-42-615, filed 10/8/81.

Formerly WAC 463-42-580.]

WAC 463-42-625 HUMAN ENVIRONMENT--CRITERIA, STANDARDS, AND FAC-TORS UTILIZED TO DEVELOP TRANSMISSION ROUTE.

The applicant shall indicate the federal, state, and industry criteria used in the energy transmission route selection and construction factors considered in developing the proposed design and shall indicate how such criteria are satisfied.

[Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

81-21-006 (Order 81-5),

S 463-42-625, filed 10/8/81.

Formerly WAC 463-42-250.]

WAC 463-42-635 HUMAN ENVIRONMENT--HISTORICAL, ARCHAEOLOGICAL, AND RECREATIONAL SITE PRESERVATION/CREATION.

The applicant shall list all historical, archaeological, and recreational sites within the area affected by construction and operation of the facility and shall then describe how each will be impacted by construction and operation.

[Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

81 006 (Order 81-5), S 463-42-635, filed 10/8/81.

Formerly WAC 463 610.]

(12/22/82)

[Ch. 463-42 WAC-p 19]

463-42-645 APPLICATIONS FOR SITE CERTIFICATION WAC 463-42-645 ANALYSIS OF ALTERNATIVES.

The applicant shall provide an analysis of alternatives for site, route, and other major elements of the proposal.

[Statutory Authority:

RCW 80.50.040(1) and chapter 80.50 RCW.

81-21-006 (Order 81-5),

S 463-42-645, filed 10/8/81.

Formerly WAC 463-42-150.]

[Ch. 463-42 WAC-p 20]

(12/22/82)

PROCEDURE--EXPEDITED PROCESSING Chapter 463-43 WAC PROCEDURE--APPLICATIONS FOR EXPEDITED PROCESSING Purpose and scope.

Standard application required.

Eligible proposals.

463-43-030 WAC 463-43-010 463-43-020 463-43-030 463-43-040 Prior to making a determination of eligibility for expe-463-43-050 463-43-060 463-43-070 463-43-080 dited processing.

Expedited processing determination.

Effect of expedited processing.

Expedited application processing.

Recommendation--Transmittal to governor.

WAC 463-43-010 PURPOSE AND SCOPE.

This chapter sets forth requirements for preparation of applications for energy facility site certification which qualify for expedited processing and delineates certain abbreviated procedures for processing eligible applications pursuant to RCW 80.50.075.

[Statutory Author1ty:

RCW 80.50.071.

78-05-054 (Order 78-2), S 463-43-010, filed 4/26/78.]

WAC 463-43-020 STANDARD APPLICATION REQUIRED.

An applicant seek-ing expedited processing shall:

(1) Make application pursuant to chapter 463-42 WAC.

The applica-tion must address all sections of chapter 463-42 WAC in sufficient detail so the council can determine the impacts under WAC 463-43-030, (2) Submit those fees for independent consultant review and appli-cation processing pursuant to RCW 80.50.071 (l)(a) and (b) and chapter 463-58 WAC with the understanding that any unexpended portions thereof shall be returned to the applicant at the completion of application processing, and (3) Submit a request for expedited processing to the the time of application which shall be accompanied by environmental checklist as delineated in WAC 463-46-365.

Authority:

RCW 80.50.071.

78-05-054 (Order 78-2), S filed 4/26/78.]

council at a completed

[Statutory 463-43-020, WAC 463-43-030 ELIGIBLE PROPOSALS.

An application may be expe-dited when the council finds that the following are not significant enough to warrant a full review of the application for certification under the provisions of chapter 80.50 RCW:

(1) The environmental impact of the proposed energy facility, (2) The area potentially affected, (3) The cost and magnitude of the proposed energy facility, and (4/26/78)

[Ch. 463-43 WAC-pl]

463-43-030 PROCEDURE--EXPEDITED PROCESSING (4)

The degree to which the proposed energy facility represents a change in use of the proposed site.

[Statutory Authority:

RCW 80.50-

.071.

78-05-054 (Order 78-2), S 463-43-030, filed 4/26/78.]

WAC 463-43-040 PRIOR TO MAKING A DETERMINATION OF ELIGIBILITY FOR EXPEDITED PROCESSING.

The council prior to making a determination of eligibility for expedited processing shall:

(1)

Conduct a

public informational meeting in the county of the proposed site within 60 days of receipt of an application to provide information to the public concerning the nature and purpose of the energy facility and the review process to be undertaken by the council and to provide an opportunity for the public to present its views, (2) Determine at a public hearing within 60 days of receipt of an application if the proposed site is consistent and in compliance with city, county or regional land use plans or zoning ordinances, (3) Review the application pursuant to WAC 463-43-030; in making its review the council may engage pursuant to RCW 80.50.071 (l)(a) an independent consultant to provide an assessment of the application and environmental checklist and to conduct any special study deemed neces-sary by the council, and (4) Initiate processing of the applicant's NPDES application, if

required, in accordance with chapter 463-38 WAC.

[Statutory Author-ity:

RCW 80.50.071.

78-05-054 (Order 78-2),

S 463-43-040, filed 4/26/78.]

WAC 463-43-050 EXPEDITED PROCESSING DETERMINATION.

Following the review of an application and land use hearing and within 120 days of receipt of an application or such later time as is mutually agreed by the applicant and the council, the council at a regular or special meeting and by order will grant expedited processing for an applica-tion when it has found that:

(1)

The proposed site is consistent and in compliance with city, county or regional land use plans or zoning ordinances, and (2) The environmental impact, area potentially affected, cost and magnitude, and degree of change in use caused by the proposed energy facility are not significant enough to warrant a full review of an application for certification under the provisions of chapter 80.50 RCW.

[Statutory Authority:

RCW 80.50.071.

78-05-054 (Order 78-2), S 463-43-050, filed 4/26/78.)

WAC 463-43-060 EFFECT OF EXPEDITED PROCESSING.

For an applica-tion granted expedited processing under WAC 463-43-050 the council shall not:

(1) Conduct any further review of an application by an independent consultant, and (2) Hold a contested case hearing under chapter 34.04 RCW.

[Stat-utory Authority:

RCW 80.50.071.

78-05-054 (Order 78-2),

S 463 060, filed 4/26/78.)

[Ch. 463-43 WAC-p 2]

(4/26/78)

PROCEDURE--EXPEDITED PROCESSING 463-43-080 WAC 463-43-070 EXPEDITED APPLICATION PROCESSING.

The council will prescribe the form, content and necessary supporting documenta-tion for site certificat~on during regular or special meetings of the council.

All interested persons and the counsel for the environment shall be afforded an opportunity to make presentations on the matters herein.

[Statutory Authority:

RCW 80.50.071.

78-05-054 (Order 78-2), S 463-43-070, filed 4/26/78.]

WAC 463-43-080 RECOMMENDATION--TRANSMITTAL TO GOVERNOR.

Within 60 days following the granting of expedited processing or such later time as is mutually agreed by the applicant and the council, the coun-cil shall forward its recommendation for approval with a copy of the draft site certification agreement to the governor.

[Stacutory Authority:

RCW 80.50.071.

78-05-054 (Order 78~2), S 463-43-080, filed 4/26/78.]

(4/26/78)

[Ch. 463-43 WAC-p 3]

7K

WAC 463-47-010 463-47-020 463-47-030 463-47-040 463-47-050 463-47-051 463-47-060 463-47-070 463-47-080 463-47-090 463-47-100 463-47-110 463-47-120 463-47-130 463-47-140 463-47-150 463-47-190 SEPA RULES Chapter 463-47 WAC SEPA RULES Authority.

Adoption by reference.

Purpose.

Additional definitions.

Designation of decisionmaker.

Designation of responsible official.

Additional timing considerations.

Threshold determination process--Additional considerations.

Mitigated DNS.

EIS preparation.

Public notice requirements.

463-47-020 Policies and procedures for conditioning or denying per-mits or other approvals.

Environmentally sensitive areas.

Threshold levels adopted by cities/counties.

Responsibilities of the council.

Coordination on combined council--Federal action.

Severability.

WAC 463-47-010 AUTHORITY.

These rules are promulgated under RCW 43.21C.120 (the State Environmental Policy Act) and chapter 197-11 WAC (SEPA rules).

[Statutory Authority:

RCW 80.50.040(1).

84-19-031 (Order 84-2), S 463-47-010, filed 9/14/84.

Formerly chapter 463-46 WAC.]

WAC 463-47-020 ADOPTION BY REFERENCE.

The energy facility site evaluation council adopts the following sections or subsections of chapter 197-11 WAC by reference.

197-11-040 197-11-050 197-11-055 197-11-060 197-11-070 197-11-080 197-11-090 197-11-100 197-11-300 197-11-305 1~7-11-310 197-11-315 197-11-330 (9/14/84)

Definitions.

Lead agency.

Timing of the SEPA process.

Content of environmental review.

Limitations on actions during SEPA process.

Incomplete or unavailable information.

Supporting documents.

Information required of applicants.

Purpose of this part.

Categorical exemptions.

Threshold determination required.

Environmental checklist.

Threshold determination process.

[Ch. 463-47 WAC-pl]

463-47-020_

197-11-335 197-11-340

• 197-11-350 197-11-360 197-11-390 197-11-400 197-11-402 197-11-405 197-11-406 197-11-408 197-11-410 197-11-420 197-11-425 197-11-430 197-11-435 197-11-440 197-11-442 197-11-443 197-11-444 197-11-448 197-11-450 197-11-455 197-11-460 197-11-500 197-11-502 197-11-504 197-11-508 197-11-510 197-11-535 197-11-545 197-11-550 197-11-560 197-11-570 197-11-600 197-11-610 197-11-620 197-11-625 197-11-630 197-11-635 197-11-640 197-11-650 197-11-655 197-11-660 197-11-680 197-11-700 197-11-702 197-11-704 197-11-706 197-11-708 197-11-710 197-11-712 197-11-714 197-11-716 197-11-718 197-11-720 SEPA RULES Additional information.

Determination of nonsignificance (DNS).

Mitigated DNS.

Determination of significance (DS)/initiation of scoping.

Effect of threshold determination.

Purpose of EIS.

General requirements.

EIS types.

EIS timing.

Scoping.

Expanded scoping.

(Optional)

EIS preparation.

Style and size.

Format.

Cover letter or memo.

EIS contents.

Contents of EIS on nonproject proposals.

EIS contents when prior nonproject EIS.

Elements of the environment.

Relationship of EIS to other considerations.

Cost-benefit analysis.

Issuance of DEIS.

Issuance of FEIS.

Purpose of this part.

Inviting comment.

Availability and cost of environmental documents.

SEPA register.

Public notice.

Public hearings and meetings.

Effect of no comment.

Specificity of comments.

FEIS response to comments.

Consulted agency costs to assist lead agency.

When to use existing environmental documents.

Use of NEPA documents.

Supplemental environmental impact statement--Procedures.

Addenda--Procedures.

Adoption--Procedures.

Incorporation by reference--Procedures.

Combining documents.

Purpqse of this part.

Implementation.

Substantive authority and mitigation.

Appeals.

Definitions.

Act.

Action.

Addendum.

Adoption.

Affected tribe.

Affecting.

Agency.

Applicant.

Built environment.

Categorical exemption.

[Ch. 463-47 WAC-p 2]

(9/14/84)

197-11-722 197-11-724 197-11-726 197-11-728 197-11-730 197-11-732 197-11-734 197-11-736 197-11-738 197-11-740 197-11-742 197-11-744 197-11-746 197-11-748 197-11-750 197-11-752 197-11-754 197-11-756 197-11-758 197-11-760 197-11-762 197-11-764 197-11-766 197-11-768 197-11-770 197-11-772 197-11-774 197-11-776 197-11-778 197-11-780 197-11-782 197-11-784 197-11-786 197-11-788 197-11-790 197-11-792~

197-11-793 197-11-794 197-11-796 197-11-797 "197-11-799 197-11-800 197-11-880 197-11-890 197-11-900 197-11-902 197-11-904 197-11-906 197-11-910 197-11-912 197-11-914 197:...11-916 197-11-917 197-11-918 197-11-920 (9/14/84)

SEPA RULES Consolidated appeal.

Consulted agency.

Cost-benefit analysis.

County/city.

Decisionmaker.

Department.

Determination of nonsignificance (DNS).

Determination of significance (DS).

EIS.

Environment.

Environmental checklist.

Environmental document.

Environmental review.

Environmentally sensitive area.

Expanded scoping.

Impacts.

Incorporation by reference.

Lands covered by water.

Lead agency.

License.

Local agency.

Major action.

Mitigated DNS.

Mitigation.

Natural environment.

NEPA.

Nonproject.

Phased review.

Preparation.

Private project.

Probable.

Proposal.

Reasonable alternative.

Responsible official.

SEPA.

Scope.

Scoping.

Significant.

State agency.

Threshold determination.

Underlying governmental action.

Categorical exemptions.

Emergencies.

Petitioning DOE to change exemptions.

Purpose of this part.

Agency SEPA policies.

Agency SEPA procedures.

Content and consistency of agency procedures.

Designation of responsible official.

Procedures on consulted agencies.

SEPA fees and costs.

Application to ongoing actions.

Relationship to chapter 197-10 WAC.

Lack of agency procedures.

Agencies with environmental expertise.

I 0/

463-47-020

[Ch. 463-47 WAC-p 3]

463-47-020 197-11-922 197-11-924 197-11-926 197-11-928 197-11-930 197-11-932 197-11-934 197-11-936 197-11-938 197-11-940 197-11-942 197-11-944 197-11-946 197-11-948 197-11-950 197-11-955 197-11-960 197-11-965 197-11-970 197-11-980 197-11-985 197-11-990 SEPA RULES Lead agency rules.

Determining the lead agency.

Lead agency for governmental proposals.

Lead agency for public and private proposals.

Lead agency for private projects with one agency with jurisdiction.

Lead agency for private projects requiring licenses from more than one agency, when one of the agencies is a county/city.

Lead agency for private projects requiring licenses from a local agency, not a county/city, and one or more state agencies.

Lead agency for private projects requiring licenses from more than one state agency.

Lead agencies for specific proposals.

Transfer of lead agency status to a state agency.

Agreements on lead agency status.

Agreements on division of lead agency duties.

DOE resolution of lead agency disputes.

Assumption of lead agency status.

Severability.

Effective date.

Environmental checklist.

Adoption notice.

Determination of nonsignificance (DNS).

Determination of significance and scoping notice (DS).

Notice of assumption of lead agency status.

Notice of action.

[Statutory Authority:

RCW 80.50.040(1).

84-19-031 (Order 84-2), S 463-47-020, filed 9/14/84.]

WAC 463-47-030 PURPOSE.

This chapter implements the state-wide rules in chapter 197-11 WAC as they apply to the energy facility site evaluation council.

[Statutory Authority:

RCW 80.50.040(1).

84 031 (Order 84-2), S 463-47-030, filed 9/14/84.]

I o "'

WAC 463-47-040 ADDITIONAL DEFINITIONS.

In addition to the defi-nitions contained in WAC 197-11-700 through 197-11-799, the following terms shall have the listed meanings:

(1) "Office" means the offices of the energy facility site evalua-tion council.

(2) "Agency" should be read as synonymous of council.

(3) "Council" means the energy facility site evaluation council.

(4) "Final decision" means the recommendation to the governor required under RCW 80.50.100.

[Statutory Authority:

RCW 80.50.040(1).

84-19-031 (Order 84-2), S 463-47-040, filed 9/14/84.]

WAC 463-47-050 DESIGNATION OF DECISIONMAKER.

Within the energy facility site evaluation council the dec1s1onmaker is the council.

[Statutory Authority:

RCW 80.50.040(1).

84-19-031 (Order 84-2),

S 463-47-050, filed 9/14/84.]

[Ch. 463-47 WAC-p 4]

(9/14/84)

SEPA RULES 463-47-080 WAC 463-47-051 DESIGNATION OF RESPONSIBLE OFFICIAL.

Within the energy facility site evaluation council the responsible official is the executive secretary.

[Statutory Authority:

RCW 80.50.040(1).

84-19-031 (Order 84-2), S 463-47-051, filed 9/14/84.]

WAC 463-47-060 ADDITIONAL TIMING CONSIDERATIONS.

(1) The council will determine when it receives an application whether the proposal is an "action" and, if so, whether it is "categorically exempt" from SEPA.

If the proposal is an action and is not exempt, the council will request the applicant to complete an environmental checklist.

A checklist is not needed if the council and applicant agree an EIS is required, SEPA compliance has been completed, SEPA compliance has been initiated by another agency, or a

checklist is included with the application.

The applicant should also complete an environmental checklist if the council is unsure whether the proposal is exempt.

(2) The council when it receives an application and environmental checklist will determine whether the council or another agency is SEPA lead agency (see WAC 197-11-050 and 197-11-922 through 197-11-940) within five working days.

If the council is not the lead agency, the council shall send the completed environmental checklist, a copy of the permit application, to the lead agency, and an explanation of the determination to the identified lead agency.

(3)

The council may initiate a contested case hearing required by RCW 80.50.100 prior to completion of the draft EIS.

The council shall initiate and conclude a contested case hearing required by RCW 80.50-

.100 prior to issuance of the final EIS.

[Statutory Authority:

RCW 80.50.040(1).

84-19-031 (Order 84-2), S 463-47-060, filed 9/14/84.]

WAC 463-47-070 THRESHOLD DETERMINATION PROCESS--ADDITIONAL CON-SIDERATIONS.

When reviewing a completed environmental checklist to make the threshold determination, the council will:

(1) Independently evaluate the responses of the applicant and note comments, concerns, corrections, or new information in the right mar-gin of the checklist.

(2) Conduct the initial review of the. checklist and any supporting documents without requiring additional information from the applicant.

[Statutory Authority:

RCW 80.50.040(1).

84-19-031 (Order 84-2), S 463-47-070, filed 9/14/84.]

WAC 463-47-080 MITIGATED DNS.

(1) An applicant may ask the coun-cil whether issuance of a DS is likely for a proposal.

This request for early notice must:

(a) Be written; (b)

Follow submission of an application and environmental check-list for a nonexempt proposal for which the council is lead agency; and (c)

Precede the council's actual threshold determination for the proposal.

(2) The council shall respond to the request within ten working days of receipt of the letter; the response shall:

(a) Be written; (b) State whether the council is considering issuance of a DS; (9/14/84)

[Ch. 463-47 WAC-p 5]

Io :S

463-47-080 SEPA RULES (c)

Indicate the general or specific area(s) of concern that led the council to consider a DS; and (d) State that the applicant may change or clarify the proposal to mitigate the impacts indicated in the letter, revising the environmen-tal checklist as necessary to reflect the changes or clarifications.

(3) The council shall not continue with the threshold determina-tion until after receiving a

written response from the applicant changing or clarifying the proposal or asking that the threshold determination be based on the original proposal.

(4)

If the applicant submits a changed or clarified proposal, along with a revised environmental checklist, the council will make its threshold determination based on the changed or clarified proposal.

(a) If the council's response to the request for early notice indicated specific mitigation measures that would remove all probable significant adverse environmental impacts, and the applicant changes or clarifies the proposal to include all of those specific mitigation measures, the council shall issue a determination of nonsignificance and circulate the DNS for comments as in WAC 197-11-350(2).

(b} If the council indicated general or specific areas of concern, but did not indicate specific mitigation measures that would allow it to issue a DNS, the council shall determine if the changed or clari-fied proposal may have a probable significant environmental impact, issuing a DNS or DS as appropriate.

(5) The council may specify mitigation measures that would allow it to issue a DNS without a request for early notice from an appli-cant.

If it does so, and the applicant changes or clarifies the pro-posal to include those measures, the council shall issue a DNS and circulate it for-review under WAC 197-11-350(2).

(6) When an applicant changes or clarifies the proposal, the clar-ifications or changes may be included in written attachments to the documents already submitted.

If the environmental checklist and sup-porting documents would be difficult to read and/or understand because of the need to read them in conjunction with the attachment(s),

the council may require the applicant to submit a new checklist.

(7)

The council may change or clarify features of its own propos-als before making the threshold determination.

(8) The council's written response under subsection (2) of this section shall not be construed as a determination of significance.

In

addition, preliminary discussion of clarification of or changes to a proposal, as opposed to a written request for early notice, shall not bind the council to consider the clarifications or changes in its threshold determination.

(9) When an applicant submits a changed or clarified proposal pur-suant to this section, it shall be considered part of the applicant's application for a permit or other approval for all purposes, including enforcement of the* permit or other approval.

Unless the council's decision expressly states otherwise, when a mitigated DNS is issued for a proposal, any decision approving the proposal shall be based on the proposal as changed or clarified pursuant to this section.

[Stat-utory Authority:

RCW 80.50.040(1).

84-19-031 (Order 84-2), S 463 080, filed 9/14/84.]

[Ch. 463-47 WAC-p 6]

(9/14/84)

SEPA RULES 463-47-100 WAC 463-47-090 EIS PREPARATION.

(1)

Preparation of draft and final EISs and SEISs is the responsibility of the application review committee or its successor.

Before the council issues an

EIS, the responsible official shall be satisfied that it complies with these rules and chapter 197-11 WAC.

(2) The council normally will prepare its own draft and final EISs.

It may require an applicant to provide information that the council does not possess, including specific investigations.

However, the applicant is not required to supply information that is not required under these rules.

(3) If the council would be unable to prepare a draft and/or final EIS due to its commitments or other constraints or when a local agency transfers lead agency status to the council under WAC 197-11-940, the council may allow an applicant the following option for preparation of the draft and/or final EIS for the applicant 1 s proposal:

(a) The council retains a mutually agreed upon and independent outside party to prepare the document.

(b)

The applicant and the council agree upon a method of funding in which the applicant will bear the expense of the EIS preparation, but the consultant will work directly for the council.

(c) The outside party will prepare the document under the supervi-sion of the application review committee, or its successor, and the responsible official.

(d) Normally, the council will have the documents printed and distributed.

(4)

Whenever someone other than the council prepares a draft or final EIS, the council shall:

(a) Direct the areas of research and examination to be undertaken and the content and organization of the document.

(b)

Initiate and coordinate scoping, ensuring that the individual preparing the EIS receives all substantive information submitted by any agency or person.

(c)

Assist in obtaining information on file with another agency that is needed by the person preparing the EIS.

(d) Allow the person preparing the EIS access to council records relating to the EIS (under chapter 42.17 RCW--Public disclosure and public records law).

[Statutory Authority:

RCW 80.50.040(1).

84 031 (Order 84-2), S 463-47-090, filed 9/14/84.]

WAC 463-47-100 PUBLIC NOTICE REQUIREMENTS.

(1) give public notice when issuing a

DNS under WAC scoping notice under WAC 173-802-090, or a draft EIS 455.

The council shall 197-11-350(2),

a under WAC 197 (2)

Whenever

possible, the council shall integrate the public notice required under this section with existing notice procedures for the council 1 s review of an application.

(a) When more than one permit required from the council has public nottce requirements, the notice procedures that would reach the widest a4dience should be used, if possible.

(b) If the public notice requirements for the permit or certifica-tion must be completed at a specific time in the permitting process and that timing does not coincide with the timing requirements for SEPA public notice, the council must use one or more public notice methods in subsection (4) of this section.

(9/14/84)

[Ch. 463-47 WAC-p 7]

/Ob 463-47-100 SEPA RULES (c) If there are no public notice requirements for any of the per-mits required for a proposal, the council must use one or more public notice methods in subsection (4) of this section.

(3) The council may require an applicant to perform the public notice requirement at his or her expense.

(4)

The council shall use one or more of the following methods of public notice, taking into consideration the geographic area affected by the proposal, the size and complexity of the proposal, the public notice requirements for the permit or certification required from the council and, public interest expressed in the proposal:

(a)

Mailing to persons or groups who have expressed interest in the proposal, that type of proposal, or proposals in the geographic area in which the proposal will be located, constructed and operated if approved; (b) Publication in a newspaper of general circulation in the area in which the proposal will be located, constructed and operated; and/or (c) Posting the property, for site specific proposals.

[Statutory Authority:

RCW 80.50.040(1).

84-19-031 (Order 84-2),

S 463-47-100, filed 9/14/84.]

WAC 463-47-110 POLICIES AND PROCEDURES FOR CONDITIONING OR DENY-ING PERMITS OR OTHER APPROVALS.

(l)(a) The overriding policy of the council is to avoid or mitigate adverse environmental impacts which may result from the council's decisions.

(b) The council shall use all practicable means, consistent with other -essential considerations of state policy, to improve and coordi-nate

plans, functions,

programs, and resources to the end that the state and its citizens may:

(i) Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations; (ii)

Assure for all people of Washington safe, healthful, produc-tive, and aesthetically and culturally pleasing surroundings; (iii) Attain the widest range of beneficial uses of the environ-ment without degradation, risk to health or safety, or other undesir-able and unintended consequences; (iv) Preserve important historic, cultural, and natural aspects of our national heritage; (v) Maintain, wherever possible, an environment which supports diversity and variety of individual choice; (vi)

Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life's ame-nities; and (vii) Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources.

(c)

The council recognizes that each person has a fundamental and inalienable right to a healthful environment and that each person has a

responsibility to contribute to the preservation and enhancement of the environment.

(d) The council shall ensure that presently unquantified environ-mental amenities and values will be given appropriate consideration in decision making along with economic and technical considerations.

[Ch. 463-47 WAC-p 8]

(9/14/84)

SEPA RULES 463-47-140 (2)(a)

When the environmental document for a proposal shows it will cause significant adverse impacts that the proponent does not plan to mitigate, the council shall consider whether:

(i) The environmental document identified mitigation measures that are reasonable and capable of being accomplished; (ii)

Other local, state, or federal requirements and enforcement would mitigate the significant adverse environmental impacts; and (iii) Reasonable mitigation measures are sufficient to mitigate the significant adverse impacts.

(b) The council may:

(i)

Condition the approval or recommendation for approval for a proposal if mitigation measures are reasonable and capable of being accomplished and the proposal is inconsistent with the policies in subsection (1) of this section.

(ii) Reject or recommend rejection of the application if reason-able mitigation measures are insufficient to mitigate significant adverse environmental impacts and the proposal is inconsistent with the policies in subsection (1) of this section.

(c)

The procedures in WAC 197-11-660 must conditioning, denying or recommending permits or tions.

[Statutory Authority:

RCW 80.50.040(1).

2), S 463-47-110, filed 9/14/84.]

also be followed when rejection of applica-84-19-031 (Order 84-WAC 463-47-120 ENVIRONMENTALLY SENSITIVE AREAS.

In determining whether a

proposal is exempt from SEPA, the council shall respect "environmentally sensitive area" designations made by local govern-ments under WAC 197-11-908.

[Statutory Authority:

RCW 80.50.040(1).

84-19-031 (Order 84-2), S 463-47-120, filed 9/14/84.]

WAC 463-47-130 THRESHOLD LEVELS ADOPTED BY CITIES/COUNTIES.

In determining whether a proposal is exempt from SEPA, the council shall inquire of the threshold levels adopted by cities/counties under WAC 197-11-800(1).

[Statutory Authority:

RCW 80.50.040(1).

84-19-031 (Order 84-2), S 463-47-130, fi~ed 9/14/84.]

WAC 463-47-140 RESPONSIBILITIES OF THE COUNCIL.

The council shall be responsible for the following:

(1)

Coordinating activities to comply with SEPA and encouraging consistency in SEPA compliance.

(2) Providing information and guidance on SEPA and the SEPA rules to council staff, groups, and citizens.

(3)

Reviewing SEPA documents falling under council interests and providing the department of ecology with comments.

(4) Maintaining the files for EISs, DNSs, and scoping notices, and related SEPA matters.

(5) Writing and/or coordinating EIS preparation, including scoping and the scoping notice, making sure to work with interested agencies.

(6) Publishing and distributing its SEPA rules and amending its SEPA rules, as necessary.

(7)

Fulfilling the council's other general responsibilities under SEPA and the SEPA rules.

[Statutory Authority:

RCW 80.50.040(1).

84-19-031 (Order 84-2), S 463-47-140, filed 9/14/84.]

(9/14/84)

[Ch. 463-47 WAC-p 9)

463-47-150 SEPA RULES WAC 463-47-150 COORDINATION ON COMBINED COUNCIL--FEDERAL ACTION.

When the council is considering an action which also involves federal actions, it shall attempt to coordinate the two governmental processes so that only one environmental impact statement need be prepared for that proposal.

[Statutory Authority:

RCW 80.50.040(1).

84-19-031

• (Order 84-2), S 463-47-150, filed 9/14/84.]

WAC 463-47-190 SEVERABILITY.

If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter, or the application of the provision to other persons or circumstances, shall not be affected.

[Statutory Authority:

RCW 80.50.040(1).

84-19-031 (Order 84-2),

S 463-47-190, filed 9/14/84.]

[Ch. 463-47 WAC-p 10]

(9/14/84)

WAC 463-50-010 463-50-020 463-50-030 463-50-040 463-50-050 INDEPENDENT CONSULTANTS--GUIDELINES Chapter 463-50 WAC INDEPENDENT CONSULTANTS--GUIDELINES Purpose and scope of this chapter.

Solicitation of proposals to perform work.

Principles governing selection of independent consultants.

Duties to be performed.

Basis for compensation.

463-50-040 WAC 463-50-010 PURPOSE AND SCOPE OF THIS CHAPTER.

It is the pur-pose of this chapter to publish guidelines regarding council use of independent consultants.

[Order 110, S 463-50-010, filed 11/16/76.]

WAC 463-50-020 SOLICITATION OF PROPOSALS TO PERFORM WORK.

Each proposal to contract with an independent consultant shall be the sub-ject of a formal, written "request for proposal."

The "request for proposal

shall generally follow the outline and address the provi-sions of the "Guidelines for using outside consultants" published by the office of financial management.

A copy of the "request for pro-posal" shall be distributed to any requesting consulting firm.

Fur-ther notice of the availability of the "request for proposal" may be provided by appropriate commercial advertising.

[Statutory Authority:

RCW 80.50.040(1).

78-09-083 (Order 78-10),

S 463-50-020, filed 8/28/78; Order 110, S 463-50-020, filed 11/16/76.]

WAC 463-50-030 PRINCIPLES GOVERNING SELECTION OF INDEPENDENT CON-SULTANTS.

Each consultant selected to perform independent consulting services shall have demonstrated its qualifications on the basis of experience and competence in specific, or closely associated, areas for which consulting services are desired.

A consultant shall not be hired or retained by the council if upon examination by the council, a

• significant conflict of interest is found with regard to the applicant or other parties involved or potentially involved in the contested case proceedings.

[Order 110, S 463-50-030, filed 11/16/76.]

WAC 463-50-040 DUTIES TO BE PERFORMED.

The independent consul-tant shall be primarily responsible for the review and evaluation of information provided by the applicant to determine areas of possible omissions or assignments or studies as may be specified or provided for by the contract with the council.

The independent consultant may be contracted to:

(11/16/76)/1978 (8/28/78)

[Ch. 463-50 WAC-pl]

J 463-50-040 INDEPENDENT CONSULTANTS--GUIDELINES (l} Review and analyze the site certification application and sup-porting documents for compliance with the topical guidelines and for technical veracity, (2) Identify areas of critical environmental sensitivity, (3) Develop and provide such information as the council may deem essential to an adequate site appraisal and (4) Provide technical advice to the council during the site certi-fication process.

[Order 110, S 463-50-040, filed 11/16/76.]

WAC 463-50-050 BASIS FOR COMPENSATION.

The basis for compensa-tion to be specified in contracts with independent consultants shall generally be as follows:

(1) For applications for site certification, where the total scope and/or volume of work is variable and acts to prevent advance determi-nation of total project cost, the consultant shall be compensated on the basis of actual cost plus a net fee for profit, (2) For potential site studies, where the total scope and/or vol-ume of work to be performed can be specified in advance, the consul-tant shall be compensated on the basis of a lump sum payment.

All payments to independent consultants shall be subject to audit.

[Order 110, S 463-50-050, filed 11/16/76.]

[Ch. 463-50 WAC-p 2]

(11/16/76)/1978 (8/28/78) f I U

CERTIFICATION COMPLIANCE 463-54-040 Chapter 463-54 WAC CERTIFICATION COMPLIANCE DETERMINATION AND ENFORCEMENT WAC 463-54-010 463-54-020 463-54-030 463-54-040 463-54-050 463-54-060 463-54-070 Intent and purpose of this chapter.

Compliance to be determined.

Compliance inspections and reports.

Compliance reports and determinations.

Noncompliance determinations and enforcement.

DOE monitoring and enforcement role.

Emergency action by chairman.

WAC 463-54-010 INTENT AND PURPOSE OF THIS CHAPTER.

This chapter sets forth rules relating to effects and compliance determination of energy facility construction and operation pursuant to RCW 80.50.040(11).

[Statutory Authority:

RCW 80.50.040(1).

78-07-036 (Order 78-3), S 463-54-010, filed 6/23/78; Order

108, S

463-54-010, filed 11/4/76.]

WAC 463-54-020 COMPLIANCE TO BE DETERMINED.

Compliance determi-nation procedures shall be implemented by the council as necessary to keep it and the public properly informed as to the status of compli-ance with the terms of certification agreements and NPDES permits.

[Statutory Authority:

RCW 80.50.040(1).

78-07-036 (Order 78-3), S 463-54-020, filed 6/23/78; Order 108, S 463-54-020, filed 11/4/76.]

WAC 463-54-030 COMPLIANCE INSPECTIONS AND REPORTS.

Compliance determinations shall include consideration of on-site inspections, data analyses and/or reporting activities as prescribed by the council and performed by other state agencies pursuant to annual interagency agreements.

[Statutory Authority:

RCW 80.50.040(1).

78-07-036 (Order 78-3), S 463-54-030, filed 6/23/78; Order

108, S

463-54-030, filed 11/4/76.]

WAC 463-54-040 COMPLIANCE REPORTS AND DETERMINATIONS.

Written reports by state agencies reporting to the council under interagency agreements shall be submitted regularly and contain certifications as to the certificate holders satisfactory compliance or noncompliance with the appropriate terms of the site certification agreement.

Cer-tifications of satisfactory compliance in the absence of compelling evidence to the contrary shall be deemed by the council as bona fide compliance by the certificate holder.

[Statutory Authority:

RCW 80.50.040(1).

78-07-036 (Order 78-3), S 463-54-040, filed 6/23/78; Ofder 108, S 463-54-040, filed 11/4/76.]

(5/13/81)

[Ch. 463-54 WAC-p 1]

463-54-050 CERTIFICATION COMPLIANCE WAC 463-54-050 NONCOMPLIANCE DETERMINATIONS AND ENFORCEMENT.

The council shall make the determination of noncompliance with the terms of a

certification agreement or NPDES permit where circumstances so warrant and on such finding of noncompliance will institute appropri-ate enforcement action.

[Statutory Authority:

RCW 80.50.040(1).

78-07-036 {Order 78-3), S 463-54-050, filed 6/23/78; Order 108, S 463 050, filed 11/4/76.)

WAC 463-54-060 DOE MONITORING AND ENFORCEMENT ROLE.

The DOE is delegated the monitoring activities pertaining to water discharges and when it reports to the council that appropriate enforcement activities are required relative thereto the council shall take or initiate action to enforce the terms of the appropriate cert~fication agreement and the incorporated NPDES permit.

Immediate enforcement action as needed may be undertaken by DOE subject to subsequent confirmation or modification by the council.

[Statutory Authority:

RCW 80.50.040(1).

78-07-036 {Order 78-3), S 463-54-060, filed 6/23/78.)

WAC 463-54-070 EMERGENCY ACTION BY CHAIRMAN.

(1) The chairman of the council or his designee is authorized and shall take action to immediately and effectively halt or eliminate any imminent or substan-tial endangerments to the health or welfare of persons resulting from the release of pollutants from facilities sited under chapter 80.50 RCW including as appropriate:

{a) The issuance of an order to immediately terminate an endanger-ment or an endangering release and the suspension of the NPDES or other permit issued by the council.

{b)

The notification of the departments of emergency services and social and health services and other appropriate agencies, as neces-

sary, that protective measures are required immediately to safeguard the health or welfare of persons so endangered.

{c) The reference of matters to the attorney general for appropri-ate enforcement action for violations of site certification agreements and NPDES or other permits issued by the council.

(2) The chairman's action will be confirmed or modified by the council within seventy-two hours of execution at a special or regular meeting of the council, whichever will occur the earliest.

[Statutory Authority:

RCW 80.50.040(1).

81-11-011 {Order 81-3),

S 463-54-070, filed 5/13/81; 78-07-036 {Order 78-3), S 463-54-070, filed 6/23/78.]

[Ch. 463-54 WAC-p 2]

{5/13/81)

INDEPENDENT CONSULTANT STUDY 463-58-020 Chapter 463-58 WAC FEES OR CHARGES FOR INDEPENDENT CONSULTANT STUDY, REGULAR AND EXPEDITED APPLICATION PROCESSING, DETERMINING COMPLIANCE AND POTENTIAL SITE STUDY WAC 463-58-010 463-58-020 463-58-030 463-58-040 463-58-050 463-58-060 463-58-070 463-58-080 Intent and purpose of this chapter.

Fees for the independent consultant study.

Fees for regular application processing.

Fees for expedited application processing.

Fees for determining compliance.

Fees for potential site study.

Failure to provide necessary fees.

Payment, reporting and auditing procedures.

WAC 463-58-010 INTENT AND PURPOSE OF THIS CHAPTER.

This chapter sets forth rules relating to fees or charges for independent consul-tant study, regular and expedited application processing, determining compliance and potential site study.

[Statutory Authority:

RCW 80.50.071.

78-05-054 (Order 78-2), S 463-58-010, filed 4/26/78.]

WAC 463-58-020 FEES FOR THE INDEPENDENT CONSULTANT STUDY.

Pursu-ant to RCW 80.50.071, a fee of twenty-five thousand dollars for each proposed site shall accompany the application.

This fee shall be applied toward the cost of the independent consultant study authorized by RCW 80.50.070.

The determination of the total fees required for the independent consultant shall generally be as follows:

(1) The consultant selected to perform independent consulting ser-vices shall be required to provide the council with an estimate of costs required to complete the study.

Upon approval of the estimate by the council, the applicant shall be advised of the

costs, totally or by phase, required to complete the study, (2)

Should the applicant file amendments or supplements to the application or should the council find that additional study of the application is required, additional cost estimates will be prepared by the consultant and provided to the council.

Upon approval of the estimate by the council, the applicant shall be advised of the addi-tional study costs, (3)

If the estimate of the costs, as stated in (1) or (2) above, totally or by phase, exceeds twenty-five thousand dollars, the appli-cant shall provide prior approval for the expenditure of such excess amounts, and (4) The council shall authorize the independent consultant to ini-tiate evaluation of the application materials or subsequently filed amendatory or supplementary materials when the applicant has provided agreement to pay the required costs, and the council has provided the (4/26/78)

[Ch. 463-58 WAC-pl]

463-58-020 INDEPENDENT CONSULTANT STUDY applicant with a statement of amount due.

[Statutory Authority:

RCW 80.50.071.

78-05-054 (Order 78-2), S 463-58-020, filed 4/26/78.]

WAC 463-58-030 FEES FOR REGULAR APPLICATION PROCESSING.

Pursuant to RCW 80.50.071 each applicant for energy facility site certification shall at the time of application submission deposit twenty thousand dollars for costs related to processing of the application.

Such pro-cessing costs shall consist of those determined by the council to be reasonable and necessary including:

(1) A hearing examiner(s) who may be retained by the council for the duration of the application processing period or for such portion of the processing period as the council may consider necessary, (2) A court reporter(s) for the recording and preparation of tran-scripts of the contested case hearing, council meetings or public ses-sions which the council shall consider necessary, (3) Additional staff salaries consisting of at least one applica-tion processing officer placed on the council staff for the duration of the application processing period--provided that the council may in the interest of efficiency and effectiveness assign one application processing officer to more than one application, and (4)

Such overhead and support costs including wages and employee benefits, goods and services, travel expenses within the state and miscellaneous expenses as arise directly from application processing.

[Statutory Authority:

RCW 80.50.071.

78-05-054 (Order 78-2), S 463-58-030, filed 4/26/78.]

WAC 463-58-040 FEES FOR EXPEDITED APPLICATION PROCESSING.

Appli-cants f1l1ng applications for expedited processing shall provide fees in accordance with WAC 463-58-020 and 463-58-030 above with the under-standing that any unexpended portions thereof shall be returned to the applicant at the completion of application processing.

[Statutory Authority:

RCW 80.50.071.

78-05-054 (Order 78-2), S 463-58-040, filed 4/26/78.]

WAC 463-58-050 FEES FOR DETERMINING COMPLIANCE.

Pursuant to RCW 80.50.071 each certificate holder shall pay such reasonable costs as are actually and necessarily incurred by the council for inspection and determination of compliance by the certificate holder with the terms and conditions of the certificate.

The amount of funds required to be placed on deposit by the certificate holder shall be determined as follows:

(1) For the period subsequent to the date of execution of certification agreement until.the beginning of construction the beginning of any work covered by an NPDES

permit, five dollars, and the site or until hundred (2)

For the period subsequent to beginning of construction or beginning of any work covered by an NPDES permit, twenty thousand dol-lars.

[Statutory Authority:

RCW 80.50.071.

78-05-054 (Order 78-2),

S 463-58-050, filed 4/26/78.]

[Ch. 463-58 WAC-p 2]

(4/26/78)

I I 'f

INDE*PENDENT CONSULTANT STUDY 463-58-080 WAC 463-58-060 FEES FOR POTENTIAL SITE STUDY.

A fee of ten thou-sand dollars shall accompany the study request and be a condition precedent to any action by the council.

In the event that the council determines that the initial fee of ten thousand dollars is insuffi-cient to adequately fund the potential site study, the council shall so advise the potential applicant and shall furnish an estimate of the supplemental fees needed to complete the study.

In no event shall the study be allowed to continue if the potential applicant has not agreed to pay the cost thereof.

[Statutory Authority:

RCW 80.50.071.

78-05-054 (Order 78-2), S 463-58-060, filed 4/26/78.]

WAC 463-58-070 FAILURE TO PROVIDE NECESSARY FEES.

Failure to provide the initial deposit or subsequently required payments within thirty days following receipt of a statement from the council may result, in the case of an applicant, in suspension of all application processing activities or, in the case of a certificate holder, in sus-pension of the certification agreement.

At the conclusion of the thirty-day period allowed for making necessary payments, the council will notify any delinquent applicant or certificate holder to appear at the next regularly scheduled meeting or a

subsequent meeting to show cause why the council should not suspend application processing of the certificate.

In the event of suspension, action to reinstate application processing or the certificate will be taken by the council at the next regularly scheduled meeting following deposit of all required fees.

[Statutory Authority:

RCW 80.50.071.

78-05-054 (Order 78-2), S 463-58-070, filed 4/26/78.]

WAC 463-58-080

PAYMENT, REPORTING AND AUDITING PROCEDURES.

(1)

Following payment of initial deposits for application processing and determination of compliance, the council will provide each applicant or certificate holder a statement of expenditures actually made during the preceding calendar quarter; the statement will be in sufficient detail to explain reasonable and necessary expenditures made against the deposited funds.

Within thirty days of the receipt of the coun-cil's statement the applicant or certificate holder will pay an amount necessary to restore the total amount on deposit to the originally established level provided that:

(a) An applicant may be requested by the council to increase amount of funds on deposit to cover anticipated expenses during periods of application processing.

The council will provide to the peak the applicant written justification for an increased deposit, (b)

Any funds remaining unexpended at the conclusion tion processing shall be refunded to the applicant or, at cant's option, credited against required deposits of holders, and of applica-the appli-certificate (c) If actual reasonable and necessary expenditures for inspection and determination of compliance in a calendar quarter have exceeded the amount of funds on deposit, such excess costs, pursuant to RCW 80.50.071, will be paid by the certificate holder.

A statement will be provided to the certificate holder by the council in sufficient detail to provide an adequate explanation of these expenditures.

(2) All payments shall be made by a cashier's check payable to the state treasurer and delivered to the council office.

The council will (4/26/78)

[Ch. 463-58 WAC-p 3]

463-58-080 INDEPENDENT CONSULTANT STUDY establish and maintain separate accounts for ~ach application and cer-tificate.

All funds will be subject to state auditing procedures.

The council will provide copies of such audits to the affected appli-cants and certificate holders as they are completed by the state audi-tor.

[Statutory Authority:

RCW 80.50.071.

78-05-054 (Order 78-2), S 463-58-080, filed 4/26/78.]

0

[Ch. 463-58 WAC-p 4]

(4/26/78)

//6