Chapter 173-400 WAC, Chapter 173-401 WAC

On August 16, 2018, Ecology amended two rules:

Changes include:

  • Remove exceptions for emissions during startup, shutdown, and malfunction to comply with EPA’s direction in the startup, shutdown, malfunction SIP call. This includes provisions such as affirmative defense, director’s discretion, and automatic exemption.
  • Allow public notices to be posted on an agency website instead of exclusively requiring newspaper notice.
  • Simplify application of non-road engine requirements.
  • Update the adoption of federal rules and the definition of volatile organic compounds (VOCs) based on changes to the federal definition.
  • Correct errors.
  • Make the rules easier to understand.

Rulemaking timeline


Announcement phase (CR-101)

Filing date:
Dec. 16, 2016

Announcement documents

Rule development phase

July 21, 2015 – February 4, 2018

Public input & involvement

Stakeholder Workgroup Meetings

Rule proposal phase (CR-102)

Filing date:
Feb. 5, 2018

Rule proposal documents:

Comment period

Comments were due March 20, 2018.  We accepted comments the following ways:

  • Comment online.  Read comments.
  • Attend the public hearing:
    March 13, 2018 at 10 a.m.
  • Mail to:  Elena Guilfoil
                 Department of Ecology – Air Quality Program
                 P.O. Box 47600
                 Olympia, WA  98504-7600

Public hearing location

Date/Time:  March 13, 2018 at 10 a.m.
Location:  In-person and webinar
                   300 Desmond Drive SE
                   Lacey, WA  98503

Agenda:  Presentation, question-and-answer session, followed by public hearing
Webinar information
We also held this public hearing via webinar. A webinar is an online meeting forum that you can attend from any computer with internet access.

We recommend you provide your phone number when you join the event to receive a free call back from the system.  For audio only, call toll free 1-855-929-3239 and enter access code 283 512 545.

To request ADA accommodations, contact Hanna Waterstrat by March 6, 2018 at:

Rule adoption phase (CR-103)

Adoption date:
Aug. 16, 2018

Rule effective date:
Sept. 16, 2018

Rule implementation information:

Additional languages

Español (Spanish) 中文 (Chinese) Tiếng Việt (Vietnamese) 한국어 (Korean)


To request ADA accommodation for disabilities, or printed materials in a format for the visually impaired, contact Ecology's ADA Coordinator by email at, or call 360-407-6831. People with impaired hearing may call Washington Relay Service at 711. People with speech disability may call TTY at 877-833-6341.