Washington Administrative Code Title 463 - Energy Facility Site Evaluation Council
Washington Administrative Code (WAC) Title 463 – Energy Facility Site Evaluation Council (EFSEC)
WAC Title 463 contains the administrative rules established by the Energy Facility Site Evaluation Council (EFSEC) of Washington State. EFSEC is responsible for coordinating the siting, permitting, and oversight of major energy facilities in the state. This includes power plants, transmission lines, oil and gas pipelines, and other large-scale energy infrastructure projects.
Purpose of EFSEC (per WAC 463):
EFSEC was created to centralize and streamline the review and permitting of major energy facilities, ensuring a comprehensive, consistent, and environmentally responsible evaluation process.
Key Areas Covered in Title 463:
General Provisions (WAC 463-06)
Organization of EFSEC
Rulemaking procedures
Definitions
Application Process (WAC 463-60)
Content and format of Site Certification Agreement (SCA) applications
Public notice and participation
Application fees and timelines
Environmental Review (WAC 463-47)
EFSEC’s implementation of the State Environmental Policy Act (SEPA)
Environmental impact statements (EIS)
Review of impacts on air, water, and land
Air and Water Quality (WAC 463-78, 463-76)
Compliance with Washington Department of Ecology standards
Water discharge permits (NPDES)
Air emission standards
Energy Facility Types (WAC 463-85, 463-80, etc.)
Rules specific to:
Natural gas-fired plants
Wind and solar energy facilities
Transmission lines over 115 kV
Oil refineries or storage sites
Site Certification Agreement (SCA)
EFSEC issues an SCA after review, which serves as the comprehensive permit required for construction and operation
SCAs incorporate all local, state, and federal requirements
Monitoring and Enforcement
Post-approval compliance
Site inspections
Enforcement actions and penalties for violations
Notable Chapters:
WAC 463-06 – General rules
WAC 463-47 – SEPA rules
WAC 463-60 – Application content requirements
WAC 463-76 – Waste discharge permits (Water Quality)
WAC 463-78 – Air quality requirements
WAC 463-85 – Greenhouse gas mitigation for energy facilities
Types of Facilities Under EFSEC Jurisdiction:
Thermal electric plants ≥ 350 MW
New or modified oil refineries
Natural gas pipelines over 100,000 decatherms/day
Electrical transmission lines ≥ 115 kV and over 50 miles long
Large wind and solar projects (by request or through gubernatorial direction)
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