Washington Administrative Code Title 463 - Energy Facility Site Evaluation Council
Overview of EFSEC (Energy Facility Site Evaluation Council)
EFSEC was created to provide a "one-stop" process for reviewing energy project proposals. Instead of requiring a company to get permits from multiple state and local agencies, EFSEC coordinates the entire process under one umbrella.
Its main responsibilities include:
Reviewing applications to build and operate energy facilities.
Conducting environmental and safety assessments.
Holding public hearings.
Making recommendations to the governor, who has final approval.
Structure of Title 463
WAC Title 463 is divided into multiple chapters, each addressing a specific aspect of EFSEC’s authority, operations, and procedures. Below is a breakdown of the most important areas:
1. General Provisions (Chapter 463-06)
This section lays the foundation for how EFSEC operates. It includes:
Definitions of terms.
Council's authority and purpose.
General procedures for filings and communications.
Rules about public participation.
2. Application Process (Chapters 463-60 to 463-70)
a. Application Requirements (463-60)
Details the contents of an application to build an energy facility. Applicants must provide:
Project description.
Environmental impact analysis.
Mitigation plans.
Engineering and design data.
Public safety and emergency response plans.
b. Review Procedures (463-62)
Describes how EFSEC reviews applications, including:
Public hearings.
Interagency coordination (with Department of Ecology, Fish and Wildlife, etc.).
Timelines for decisions.
Role of adjudicative (quasi-judicial) processes.
c. Adjudicative Proceedings (463-30)
Specifies the formal hearing process, which resembles a court trial. Includes:
Prehearing conferences.
Presentation of evidence.
Witness testimonies.
Cross-examination.
Administrative law judge involvement.
3. Environmental and Siting Standards
a. Environmental Protection (463-47)
Aligns with the State Environmental Policy Act (SEPA).
Ensures that all proposed projects undergo environmental impact analysis.
Includes requirements for Environmental Impact Statements (EIS).
b. Air and Water Quality (463-76, 463-78)
Air: Emission control standards.
Water: Wastewater discharge permits.
Ensures coordination with the Washington Department of Ecology.
c. Seismic, Noise, and Aesthetic Considerations
Projects must assess and mitigate impacts on nearby communities and ecosystems.
Aesthetic and noise control are part of the siting process.
4. Site Certification Agreement (SCA) (Chapter 463-70)
Once EFSEC completes its review, it drafts a Site Certification Agreement, which includes:
All conditions the applicant must follow during construction and operation.
Monitoring and enforcement mechanisms.
Emergency response obligations.
Environmental mitigation requirements.
This agreement is submitted to the Governor of Washington, who may:
Approve it.
Reject it.
Request changes.
5. Operational Compliance and Monitoring (Chapter 463-78 to 463-80)
After construction, EFSEC continues to monitor the facility:
Ensures compliance with state laws and permit conditions.
Conducts site inspections.
Reviews annual reports and data submitted by the facility.
Has the authority to enforce penalties for non-compliance.
6. Special Project Types
Certain chapters are dedicated to specific energy technologies:
Wind energy projects: Specific siting criteria.
Thermal power plants: Cooling systems, heat dissipation.
High-voltage transmission lines: Routing and community impact.
7. Emergency and Decommissioning Plans
Facilities must also prepare:
Emergency response plans (including wildfire, explosion, or radiation depending on the type of facility).
Decommissioning plans for shutting down and removing the facility safely at the end of its life cycle.
Facilities Regulated Under EFSEC (per Title 463)
EFSEC typically oversees:
Thermal electric power plants (≥350 MW).
Nuclear power plants.
Oil and gas pipelines.
Large wind farms.
Solar farms (in some cases).
Transmission lines (≥115 kV).
Storage facilities for fossil fuels.
It may also have optional jurisdiction over smaller or renewable projects if requested by the project developer or local government.
Why Title 463 Matters
WAC Title 463 ensures:
Transparency and public input in energy facility siting.
Consistent application of environmental and safety laws.
Streamlined permitting to support energy development.
Protection of Washington’s communities and natural resources.
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