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Chapter 173-400 WAC, Chapter 173-401 WAC

This rulemaking proposes to change two rules:

Changes will:

  • 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 nonroad engine requirements.
  • Update the adoption of federal rules and update the definition of volatile organic compounds (VOC) 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 are due March 20, 2018. You can submit comments through one of the following methods:
  • Submit online
  • Attend a public hearing on March 13, 2018 (includes webinar; see below)
  • By mail to:  Elena Guilfoil
                         Department of Ecology
                         P.O. Box 47600
                         Olympia, WA 98504-7600

Hearing location

March 13, 2018 Public hearing presentation

Time: 10:00 am

Date: March 13, 2018

Location: In-person and webinar
Ecology Headquarters
300 Desmond Dr SE
Lacey, WA 98503

Comment: Presentation, question and answer session followed by the formal public hearing.
We are also holding this hearing via webinar. This is an online meeting forum that you can attend from any computer using internet access.

For more information, instructions and to join the webinar

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

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

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, call Hanna Waterstrat at 360-407-7668 or email hanna.waterstrat@ecy.wa.gov. Persons with impaired hearing may call Washington Relay Service at 711. Persons with speech disability may call TTY at 877-833-6341.