# WAC 173-406-301: WAC 173-406-301. Requirement to apply > Washington · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_173_406_301 ## Section - **Citation:** WAC 173-406-301 - **Heading:** WAC 173-406-301. Requirement to apply - **Jurisdiction:** Washington - **Kind:** Regulations - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Washington Administrative Code / Title 173 / Chapter 173-406 / Section 173-406-301 ## Text (1) Duty to apply. The designated representative of any source with an affected unit shall submit a complete acid rain permit application by the applicable deadline in subsections (2) and (3) of this section, and the owners and operators of such source and any affected unit at the source shall not operate the source or unit without a permit that states its Acid Rain Program requirements. (2) Deadlines. (a) For any source with an existing unit described under WAC 173-406-103 (1)(b), the designated representative shall submit a complete acid rain permit application governing such unit to the permitting authority on or before January 1, 1996. (b) For any source with a new unit described under WAC 173-406-103 (1)(c)(i), the designated representative shall submit a complete acid rain permit application governing such unit to the permitting authority at least twenty-four months before the later of January 1, 2000, or the date on which the unit commences operation. (c) For any source with a unit described under WAC 173-406-103 (1)(c)(ii), the designated representative shall submit a complete acid rain permit application governing such unit to the permitting authority at least twenty-four months before the later of January 1, 2000, or the date on which the unit begins to serve a generator with a nameplate capacity greater than twenty-five MWe. (d) For any source with a unit described under WAC 173-406-103 (1)(c)(iii), the designated representative shall submit a complete acid rain permit application governing such unit to the permitting authority at least twenty-four months before the later of January 1, 2000, or the date on which the auxiliary firing commences operation. generator with a nameplate capacity greater than twenty-five MWe. (d) For any source with a unit described under WAC 173-406-103 (1)(c)(iii), the designated representative shall submit a complete acid rain permit application governing such unit to the permitting authority at least twenty-four months before the later of January 1, 2000, or the date on which the auxiliary firing commences operation. (e) For any source with a unit described under WAC 173-406-103 (1)(c)(iv), the designated representative shall submit a complete acid rain permit application governing such unit to the permitting authority before the later of January 1, 1998, or March 1st of the year following the three calendar year period in which the unit sold to a utility power distribution system an annual average of more than one-third of its potential electrical output capacity and more than two hundred nineteen thousand MWe-hrs actual electric output (on a gross basis). (f) For any source with a unit described under WAC 173-406-103 (1)(c)(v), the designated representative shall submit a complete acid rain permit application governing such unit to the permitting authority before the later of January 1, 1998, or March 1st of the year following the calendar year in which the facility fails to meet the definition of qualifying facility. (g) For any source with a unit described under WAC 173-406-103 (1)(c)(vi), the designated representative shall submit a complete acid rain permit application governing such unit to the permitting authority before the later of January 1, 1998, or March 1st of the year following the calendar year in which the facility fails to meet the definition of an independent power production facility. acility. (g) For any source with a unit described under WAC 173-406-103 (1)(c)(vi), the designated representative shall submit a complete acid rain permit application governing such unit to the permitting authority before the later of January 1, 1998, or March 1st of the year following the calendar year in which the facility fails to meet the definition of an independent power production facility. (h) For any source with a unit described under WAC 173-406-103 (1)(c)(vii), the designated representative shall submit a complete acid rain permit application governing such unit to the permitting authority before the later of January 1, 1998, or March 1st of the year following the three calendar year period in which the incinerator consumed twenty percent or more fossil fuel (on a Btu basis). (3) Duty to reapply. The designated representative shall submit a complete acid rain permit application for each source with an affected unit at least six months or more but not to exceed eighteen months, as may be approved by the permitting authority, prior to the expiration of an existing acid rain permit governing the unit to ensure that the existing acid rain permit does not expire prior to renewal. (4) The original and three copies of all permit applications shall be submitted to the permitting authority. ## Nearby sections - [WAC 173-406-101 WAC 173-406-101. Definitions](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_173_406_101.md) - [WAC 173-406-102 WAC 173-406-102. Measurements, abbreviations, and acronyms](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_173_406_102.md) - [WAC 173-406-103 WAC 173-406-103. Applicability](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_173_406_103.md) - [WAC 173-406-104 WAC 173-406-104. New units exemption](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_173_406_104.md) - [WAC 173-406-105 WAC 173-406-105. Retired units exemption](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_173_406_105.md) - [WAC 173-406-106 WAC 173-406-106. Standard requirements](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_173_406_106.md) - [WAC 173-406-201 WAC 173-406-201. Submissions](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_173_406_201.md) - [WAC 173-406-202 WAC 173-406-202. Objections](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_173_406_202.md) - [WAC 173-406-301 WAC 173-406-301. Requirement to apply](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_173_406_301.md) - [WAC 173-406-302 WAC 173-406-302. Information requirements for acid rain permit applications](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_173_406_302.md) - [WAC 173-406-303 WAC 173-406-303. Permit application shield and binding effect of permit application](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_173_406_303.md) - [WAC 173-406-401 WAC 173-406-401. General](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_173_406_401.md) - [WAC 173-406-402 WAC 173-406-402. Repowering extensions](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_173_406_402.md) - [WAC 173-406-501 WAC 173-406-501. Contents](https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_173_406_501.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_WA_ADC_173_406_301. Check the current official text before relying on it. Not legal advice.