PERMANENT RULES
CONTROL AUTHORITY
Date of Adoption: October 13, 1999.
Purpose: Revise exemption lists for Registration and Notice of Construction programs. Simplify Notice of Intent to Operate to one section in Article 7.
Citation of Existing Rules Affected by this Order: Amending OAPCAs Regulation 1, Articles 5 and 7.
Statutory Authority for Adoption: Chapter 70.94 RCW.
Adopted under notice filed as WSR 99-17-086 on August 17, 1999.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Thirty-one days after filing.
October 13, 1999
Charles Peace
Executive Director
REGISTRATION
AMENDED SECTION
SECTION 5.00 DEFINITIONS
For purposes of Article 5, the following definitions apply.
ACTUAL EMISSIONS means the actual rate of emissions of a pollutant from an emission unit, as determined in accordance with (a) and (b) of this subsection.
(a) In general, actual emissions as of a particular date shall equal the average rate, in tons per year, at which the emissions unit actually emitted the pollutant during a one-year period which precedes the particular date and which is representative of normal source operation. Actual emissions shall be calculated using the emissions unit's actual operating hours, production rates, and types of materials processed, stored, or combusted during the selected time period.
(b) The Authority may presume that source-specific allowable emissions for the unit are equivalent to the actual emissions of the emissions unit.
AIR CONTAMINANT means dust, fumes, mist, smoke, other particulate matter, vapor, gas, odorous substance, or any combination thereof. "Air pollutant" means the same as "air contaminant."
AIR CONTAMINANT GENERATING EQUIPMENT means, for purposes of calculating Article 5 fees, any equipment or process capable of generating or emitting air contaminants except for the equipment and processes listed in (a) through (g) below:
(a) Gasoline or other fuel storage tanks located at dispensing facilities as defined in Article 15.
(b) Storage tanks and other equipment located at dry cleaning facilities.
(c) Combustion units with less than 10 million BTUs per hour heat input.
(d) Process equipment with less than 5,000 ((20,000)) ACFM
flowrate.
(e) Paint spray booths and related paint spraying equipment.
(f) Mobile sources.
(g) Any other equipment or process determined appropriate for this exemption by the Authority.
EMISSIONS means a release of air contaminants into the ambient air.
EMISSIONS UNIT means any part of a source which emits or would have the potential to emit any pollutant subject to regulation.
FACILITY means the same as "source".
POTENTIAL TO EMIT means the maximum capacity of a source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation or the effect it would have on emissions is enforceable by the Authority.
SOURCE means all of the emissions unit(s) including quantifiable fugitive emissions, that are located on one or more contiguous properties, and are under the control of the same person or persons under common control, whose activities are ancillary to the production of a single product or functionally related groups of products. Activities shall be considered ancillary to the production of a single product or functionally related group of products if they belong to the same major group (i.e., which have the same two digit code) as described in the Standard Industrial Classification Manual, 1972, as amended by the 1977 Supplement.
STACK means, for purposes of calculating fees pursuant to Article 5, any point in a source designed to emit solids, liquids, or gases into the air, including a pipe or duct, except for the following:
(a) Emission points associated with gasoline or fuel dispensing stations.
(b) Emission points associated with dry cleaning facilities.
(c) Pipes or ducts equal to or less than six (6) ((twelve
(12))) inches in diameter.
(d) Any other emission point determined appropriate for this exemption by the Authority.
TOXIC AIR POLLUTANT means any Class A or Class B toxic air pollutants listed in WAC 173-460-150 and 173-460-160. The term toxic air pollutant may include particulate matter and volatile organic compounds if an individual substance or group of substances within either of these classes is listed in WAC 173-460-150 and 173-460-160. The term toxic air pollutant does not include particulate matter and volatile organic compounds as generic classes of compounds.
TRUE VAPOR PRESSURE means the equilibrium partial pressure exerted by the stored organic compound at:
(a) the annual average temperature of the organic compound as stored; or
(b) at the local annual average temperature as reported by the National Weather Service if stored at ambient temperature.
AMENDED SECTION
SECTION 5.01 REGISTRATION REQUIRED
(a) All air contaminant sources within the jurisdiction of the Authority, except the sources listed in 5.01 (b) below, as now constituted or as hereafter amended, and except sources with or applying for an air operating permit pursuant to RCW 70.94.161, shall be registered with the authority. Notwithstanding any other subsection of this section, the following sources shall be registered with the Authority.
(1) Any category of stationary sources to which a federal standard of performance applies; or
(2) Any source subject to a national emission standard for hazardous air pollutants.
(b) ((The)) Except as provided in subsection (a) of this
article, the following source and equipment types are exempt from
registration requirements under Article 5 ((:)). All sources
exempt from Article 5 are still required to comply with the other
requirements of this regulation.
(((1) Air conditioning or ventilating systems not designed
to remove contaminants generated by or released from equipment.
(2) Atmosphere generators used in connection with metal heat treating processes.
(3) Blast cleaning equipment which use a suspension of abrasive in liquid water.
(4) Foundry sand mold forming equipment, unheated.
(5) Fuel burning equipment which:
(I) is used solely for a private dwelling serving two families or less; or
(ii) has an energy input of less than 1 million Btu(HHV) per hour.
(6) Fumigation vaults.
(7) Insecticide spray equipment, non-commercial.
(8) Internal combustion engines, including gas turbine and jet engines, except for the following sources:
(i) Stationary gas turbines engines and stationary internal combustion engines for which a United States Environmental Protection Agency (EPA) New Source Performance Standard has been adopted;
(ii) Stationary internal combustion engines rated at 1000 horse power (mechanical) or more.
(9) Laundry driers, extractors or tumblers used exclusively for the removal of water from fabric.
(10) Routing, turning, carving, cutting and drilling equipment used for metal, wood, plastics, rubber, leather or ceramics.
(11) Surface coating by use of aqueous solution or suspension.
(12) Steam cleaning equipment used exclusively for that purpose.
(13) Storage tanks, reservoirs or containers storing volatile organic compounds:
(i) of a capacity of 55 gallons or less; or
(ii) of a capacity of 10,000 gallons or less used for storage of gasoline; or
(iii) Of a capacity of 2,000 gallons or less used for storage of substances with a true vapor pressure less than 0.01 kPa (0.002 psia).
(14) Vacuum cleaning systems used exclusively for office or residential housekeeping.
(15) Vacuum producing devices used in laboratory operations and vacuum producing devices which do not remove or convey air contaminants from or to another source.
(16) Vents used exclusively for:
(i) Sanitary or storm drainage systems; or
(ii) Safety valves; or
(iii) Storage tanks.
(17) Washing or drying equipment used for products fabricated from metal or glass, if no volatile organic material is used in the process.
(18) Water cooling towers and cooling ponds except for barometric condensers.
(19) Welding, brazing or soldering equipment.
(20) Asphalt laying equipment including asphalt roofing operations.
(21) Restaurants and other retail food preparing establishments.
(22) Spray painting or blasting equipment used at temporary locations to clean or paint bridges, water towers, buildings, or similar structures.
(23) Sources which, due to the amount and nature of air contaminants produced, and potential to contribute to air pollution, are determined through review by the Control Officer not to warrant registration; provided that for new sources, such determination shall be based upon review of a Notice of Construction.))
(1) Air conditioning or ventilating systems not designed to remove contaminants generated by or released from equipment.
(2) Asphalt laying equipment including asphalt-roofing operations (not including manufacturing or storage).
(3) Atmosphere generators used in connection with metal heat treating processes.
(4) Blast cleaning equipment that uses a suspension of abrasive in liquid water.
(5) Fire fighting and similar safety equipment and equipment used to train fire fighters.
(6) Foundry sand mold-forming equipment, unheated.
(7) Fuel burning equipment (not including incinerators) that:
(i) is used solely for a private dwelling serving five families or less; or
(ii) has a maximum heat input rate of 5 MMBtu/hr or less if burning natural gas, propane, or LPG; or
(iii) has a maximum heat input rate of 0.5 MMBtu/hr or less if burning waste-derived fuels; or
(iv) has a maximum heat input rate of 1 MMBtu/hr or less if burning recycled or used oil per the requirements of RCW 70.94.610; or
(v) has a maximum heat input rate of 1 MMBtu/hr or less if burning any other type of fuel and with less than or equal to 0.05% sulfur by weight.
(8) Fumigation vaults not for use with materials containing toxic air pollutants (as defined in chapter 173-460 WAC).
(9) Gas stations or bulk plants with less than 100,000 gallons of throughput per year.
(10) Insecticide, pesticide, or fertilizer spray equipment.
(11) Internal combustion engines less than or equal to 500 hp (mechanical) and used only for stand-by emergency power generation.
(12) Laundry dryers, extractors or tumblers used exclusively for the removal of water from fabric.
(13) Printers using less than 2000 pounds per year of VOC.
(14) Residential composting facilities.
(15) Restaurants and other retail food preparing establishments.
(16) Routing, turning, carving, cutting and drilling equipment used for metal, wood, plastics, rubber, leather or ceramics.
(17) Spray painting or blasting equipment used at temporary locations to clean or paint bridges, water towers, buildings, or similar structures.
(18) Steam cleaning equipment used exclusively for that purpose.
(19) Storage tanks, reservoirs, or containers:
(i) of a capacity of 10,000 gallons or less used for the storage of volatile organic compounds, not for use with materials containing toxic air pollutants (as defined in chapter 173-460 WAC); or
(ii) of a capacity of 10,000 gallons or less used for the storage of gasoline; or
(iii) of a capacity of 40,000 gallons or less used for the storage of organic compounds, not for use with materials containing toxic air pollutants (as defined in chapter 173-460 WAC) with a true vapor pressure less than 0.01 kPa (0.002 psia) (0.0001 atm);or
(iv) of a capacity of 40,000 gallons or less used for the storage of butane, propane, or liquefied petroleum gas.
(20) Surface coating sources using less than 20 gallons per year of VOC-containing materials.
(21) Vacuum cleaning systems used exclusively for office or residential housekeeping.
(22) Vacuum producing devices used in laboratory operations and vacuum producing devices that do not remove or convey air contaminants from or to another source.
(23) Vents used exclusively for:
(i) Sanitary or storm drainage systems; or
(ii) Safety valves.
(24) Washing or drying equipment used for products fabricated from metal or glass, if no volatile organic material is used in the process.
(25) Welding, brazing or soldering equipment.
(26) Sources which, due to the amount and nature of air contaminants produced, and potential to contribute to air pollution or odors, are determined through review by the Control Officer not to warrant registration; provided that for new sources, such determination shall be based upon review of a Notice of Construction.
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDED SECTION
SECTION 5.02 REGISTRATION PROGRAM
(a) For purposes of this regulation, registration shall be defined as all direct activities associated with the Authority's continuing program for identifying, delineating, itemizing, verifying, and maintaining a current and accurate record of all air contaminant sources, their emissions, and their status of compliance with Regulation 1 within the jurisdiction of the Authority.
(b) The components of such registration program shall include:
(1) Initial registration and annual or other periodic
reports from source owners providing the information described in
sections 5.03, and 5.05, ((and 5.06)).
(2) On-site inspections necessary to verify compliance with
Regulation 1 and/or to supplement information provided by sources
pursuant to the requirements of sections 5.03, and 5.05, ((and
5.06)).
(3) Maintenance of computers and software used to compile and retrieve information provided by sources relating to air contaminant emissions.
(4) Emission inventory reports and emission reduction credits computed from information provided by sources pursuant to the requirements of section 5.03.
(5) Staff review, including engineering analysis for accuracy and currentness, of information provided by sources pursuant to the requirements of section 5.03
(6) Clerical and other office support provided by the Authority in direct support of the registration program.
(7) Administrative support provided in directly carrying out the registration program.
AMENDED SECTION
SECTION 5.03 GENERAL REQUIREMENTS FOR REGISTRATION
(a) Owners or operators of air contaminant sources subject to section 5.01 shall, upon request by the Authority, make annual and/or periodic reports to the Authority regarding emission sources, types and amounts of raw materials and fuels used, types, amounts and concentrations of air contaminants emitted, data on air contaminant generating equipment and control devices, data on emission points, and any other information directly related to the registration program as requested by the Authority.
(b) Annual registration and periodic reporting for a source as required by the Authority shall be made by the owner or lessee of the source, or an agent, on forms provided by the Authority or in an Authority approved format. The owner of the source shall be responsible for completion and submittal of the annual registration forms and/or periodic reports within thirty (30) days of receipt of the forms provided by the Authority. The owner of the source shall be responsible for the completeness and correctness of the information submitted.
(c) A separate registration shall be required for each source of air contaminant: PROVIDED, that an owner has the option to register a process with a detailed inventory of contaminant sources and emissions related to said process: PROVIDED FURTHER, that an owner need not make a separate registration for identical units of equipment or control apparatus installed, altered or operated in an identical manner on the same premise.
(d) Each registration shall be signed by the owner or lessee or the agent for such owner or lessee.
(e) The confidentiality provisions of section 3.03 shall be applicable in administering the registration program.
(f) According to the schedule set forth in section 5.03 (f)(1) below, owners or operators of air contaminant sources subject to registration pursuant to section 5.01 above shall develop and implement an Operations and Maintenance plan to assure continuous compliance with Regulation 1. Operation and Maintenance plans shall include, but not be limited to, the measures listed in section 5.03 (f)(2). A copy of the Operation and Maintenance plan shall be retained at the source and shall be made available to all employees of the source and the Authority upon request.
(1) Operation and Maintenance plans required pursuant to section 5.03(f) shall be implemented by the due dates specified in i through iii below.
(i) By no later than July 1, 1994 for sources currently registered with the Authority.
(ii) No later than 120 days from initial registration with the Authority for existing sources not yet registered with the Authority.
(iii) 90 days from commencement of operation for newly constructed or established sources requiring registration.
(2) Operation and Maintenance plans required pursuant to section 5.03(f) shall include, but not be limited to, the following types of measures:
(i) Periodic inspection of air contaminant generating equipment and associated control devices to evaluate air contaminant control effectiveness and compliance with applicable emissions limits;
(ii) Measures for monitoring and recording of all air contaminant generating equipment and control device performance when required by regulation or an approval order;
(iii) Procedures for facilitating prompt repair of any defective equipment or control device associated with air contaminant emissions;
(iv) A system for logging all actions required by the plan;
(v) Standard procedures for responding to air quality related complaints received by the source;
(vi) General policy and measures for minimizing dust emissions and odors;
(3) The Authority shall develop standard provisions and guidelines for operation and maintenance plans and make them available to sources for purposes of complying with section 5.03(f) provisions.
(g) Owners or operators of air contaminant sources subject
to section 5.01 above shall be classified according to section
5.04 and shall pay annual registration fees pursuant to sections
5.05 ((and 5.06)).
AMENDED SECTION
SECTION 5.04 CLASSIFICATION OF SOURCES
All air contaminant sources requiring registration pursuant
to section 5.01 shall be classified in one of the registration
classes listed in Table 5.((2))04b. A source will be placed in
the most appropriate class as determined by the Authority. For
purposes of classification, the pollutants listed in Table
5.((1))04a will be considered.
| Total Particulates (TSP) |
| Sulfur Oxides (SOx) |
| Nitrogen Oxides (NOx) |
| Volatile Organic Compounds (VOC) |
| Carbon Monoxide (CO) |
| Toxic Air Pollutants |
| (a) CLASS RC1 - Any source with a potential to emit 100 tons per year or more of any pollutant listed in Table 5.1. |
| (b) CLASS RC2 - Any source, except those sources classifiable under RC1, with a potential to emit 10 tons or more per year of any toxic air pollutants or 25 tons or more per year of any combination of toxic air pollutants. |
| (c) CLASS RC3 - Any source, except those sources classifiable under RC1 or RC2, with a potential to emit 30 tons per year or more of any pollutant listed in Table 5.1. |
| (d) CLASS RC4 - Any source, except those sources classifiable under RC6, RC8, RC10, RC11, RC12, or RC13, with a potential to emit at least 10 tons per year, but not more than 30 tons per year, of any pollutant listed in Table 5.1. |
| (e) CLASS RC5 - Any source, except those sources classifiable under RC7, RC8, RC9, RC10, RC11, RC12, or RC13, with a potential to emit less than 10 tons per year of any pollutant listed in Table 5.1. |
| (f) CLASS RC6 - Any source, except those sources classifiable as RC1, RC2, RC3, RC7, RC8, RC10, RC11, RC12, or RC13, with a potential to emit at least 5 tons per year, but not more than 10 tons per year, of any combination of toxic air pollutants. |
| (g) CLASS RC7 - Any source, except those sources classifiable as RC1, RC2, RC3, RC4, RC8, RC10, RC11, RC12, or RC13, that uses or projects to use an average of less than 100 gallons per month (annual average) of materials containing volatile organic compounds, or with a maximum potential to emit less than 5 tons per year of any combination of toxic air pollutants. |
| (h) CLASS RC8 - All incinerators not classified as RC1, or RC2. |
| (i) CLASS RC9 - Any air contaminant sources, not classifiable in any other RC classification, which has an actual or potential odor problem associated with its operation. |
| (j) CLASS RC10 - Any gasoline terminal or bulk plant, except those terminals or bulk plants classifiable under RC1 or RC2 whose gasoline throughput was greater than 7.2 million gallons for the previous calendar year. |
| (k) CLASS RC11 (minor gasoline terminals and bulk plants) - Any gasoline terminal or bulk plant, except those terminals or bulk plants classifiable under RC1 or RC2, whose gasoline throughput was equal to or less than 7.2 million gallons for the previous calendar year. |
| (l) CLASS RC12 (gasoline stations, Stage II) - Any gasoline dispensing facility requiring Stage II vapor recovery. |
| (m) CLASS RC13 (gasoline stations, general) - Any gasoline dispensing facility with total gasoline throughput of greater than 100 thousand gallons during the previous calendar year. |
| (n) CLASS RC14 - vacant classification |
| (o) CLASS RC15 - Any air contaminant sources which are unique and because of special circumstances cannot be adequately classified elsewhere. |
AMENDED SECTION
SECTION 5.05 ANNUAL REGISTRATION FEES
(a) The Authority shall charge Initial and Annual registration fees pursuant to RCW 70.94.151. Annual registration fees shall be assessed according to the annual fee schedules set forth in section 5.05(b) below. Initial registration fees shall be assessed upon initial registration of a source and shall equal the annual registration fee based on projected emissions and prorated for the remaining months in the fiscal year. Initial and Annual registration fees shall provide revenue to fund the Authority's ongoing Registration Program.
(b) All sources requiring annual registration shall be
assessed an annual registration fee consisting of the sum of a
"facility fee", "generating equipment fee", "stack fee", "class
fee", "emissions fee", and "source specific monitoring fee"
according to items (1) through (9) of this subsection and amounts
as specified in Table 5.((3))05a. Sources assessed annual
operating permit fees under Article 6 of Regulation 1 shall not
be assessed annual fees under this section.
(1) FACILITY FEE - All sources requiring registration shall
pay an annual "facility fee" of an amount as indicated in Table
5.((3))05a; and
(2) A GENERATING EQUIPMENT FEE of an amount as indicated in Table
5.((3))05a for each item of air contaminant generating equipment
located at the source; and
(3) A STACK FEE of an amount as indicated in Table 5.((3))05a
for each stack located at the source; and
(4) An EMISSIONS FEE of an amount as indicated in Table
5.((3))05a per ton of each air contaminant listed in Table
5.((1))05b emitted by the source for air contaminants emitted in
excess of 10 tons, evaluated on a pollutant by pollutant basis,
during the previous calendar year, or as contained in the file or
permit; and
(5) A CLASS FEE of an amount as specified in Table 5.((3))05a;
and
(6) A SOURCE SPECIFIC MONITORING FEE of an amount as specified in
Table 5.((3))05a if ambient monitoring is a requirement for the
source;
(7) The Authority shall assess the emissions fee based on actual emissions from the source for the last calendar year when available;
(8) The annual registration fees required by this section shall be based on process rates, equipment specifications, and emissions data from the previous calendar year on file with the Authority. For purposes of assessing annual registration fees, the Authority shall consider updates and revisions to any source's file, received prior to August 1 of the current year. If process rates, equipment specifications, and emissions data from the previous calendar year is not on file with the Authority, the Authority may base the annual fee on the enforceable emissions limitations for the source and maximum capacities and production rates.
(9) For purposes of assessing annual registration fees, definitions for air contaminant generating equipment and stacks shall be consistent with the definitions in section 5.00, and air contaminant generating equipment and stacks which are identical in size, capacity, function, and emissions may be counted as one unit as approved by the Authority.
(c) The Authority shall assess annual registration fees after August 1 of each year to cover the cost of administering the program for the current fiscal year commencing on July 1 and ending on June 30. The Authority shall assess annual registration fees based on the most recent information on file with the Authority including any updates to the source's file received prior to August 1 of that year.
(d) Upon assessment by the Authority, annual registration fees are due and payable and shall be deemed delinquent if not fully paid within thirty (30) days. However, sources classified as RC1 or RC2 shall be given the option to pay their annual fee in quarterly installments. RC1 and RC2 sources may choose to pay their annual fees in quarterly installments by indicating so on the first invoice received and remitting payment of the first installment to the Authority along with the duplicate copy of the invoice. Quarterly installments shall be equal to 25% of the total annual registration fee and shall be due within 30 days of each quarter following initial assessment by the Authority.
(e) Any source which does not pay their annual registration fee or annual registration fee installment within thirty (30) days of the due date, shall be assessed a late penalty in the amount of 25% of their annual registration fee. This late penalty shall be in addition to the annual registration fee.
(f) Annual registration fees may be appealed according to the procedure specified in section 3.17
| ANNUAL FEE COMPONENT | FEE COMPONENT DESCRIPTION | FEE AMOUNT |
| Facility Fee | Fee assessed to all sources requiring registration or an operating permit. | $107.00 |
| Generating Equip. Fee |
Fee assessed per each item of air contaminant generating equipment located at the source. | $45.00 |
| Stack Fee | Fee assessed per each stack located at the source. | $27.00 |
| Emissions Fee | Fee assessed per ton of TSP, SO2, NOx, VOC, and toxic air contaminant emissions that exceeded 10 tons per year for the previous calendar year based on actual emissions. | $11.00 |
| Class Fees: RC1 RC2 RC3 RC4 RC5 RC6 RC7 RC8 RC9 RC10 RC11 RC12 RC13 RC14 RC15 |
Major sources (>100 tpy) Major toxic sources Criteria pollutants > 30 tpy Criteria pollutants > 10 tpy Criteria pollutant < 10 tpy Toxic air contaminants < 10 tpy < 100 gal/mo VOC containing materials Incinerators < 30 tpy emissions Potential odor sources. Maj. gasoline terminals & bulk plants Min. gasoline terminals & bulk plants Gas stations requiring Stage II Gas stations > 100 thousand gal/yr VACANT CLASSIFICATION Other sources requiring registration |
$1345 $1138 $580 $124 $31 $124 $62 $217 $62 $155 $104 $11 $ 0 $104 |
| SOURCE SPECIFIC AMBIENT AIR MONITORING FEES |
Fees charged a source for OAPCA to establish and operate a special purpose source specific monitoring station will be determined on a case by case basis when such monitoring is required. | variable |
| Total Particulates (TSP) |
| Sulfur Dioxide (SO2) |
| Nitrogen Oxides (NOx) |
| Volatile Organic Compounds (VOC) |
| Toxic Air Pollutants not classified as VOCs |
(g) On an annual basis, starting with calendar year 1994,
the Authority shall conduct a workload analysis to determine the
adequacy and fairness of the annual registration fee schedule.
The workload analysis shall be based on the Authority's
historical record of time and resource expenditures associated
with the registration program. The workload analysis shall be
made available if a request is made to the Authority. Any
proposed revisions to the annual registration fee schedule shall
be presented to the Board for adoption after public noticing
pursuant to Regulation 1 public noticing requirements and
opportunity for a public hearing.
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDED SECTION
SECTION 5.06 RESERVED SECTION ((NOTICE OF INTENT TO OPERATE
(a) For portable air contaminant sources which locate
temporarily at particular sites and move within the OAPCA region
a Notice of Intent to Operate must be filed with the Authority
pursuant to Article 7, section 7.01(a). The Authority shall not
commence processing of a Notice of Intent to Operate until it has
received fees as shown in Table 5.4.
(b) For portable air contaminant sources which come from
outside the OAPCA region a Notice of Construction and Application
for Approval must be filed pursuant to Article 7, section 7.01.
AMOUNT |
|
| $100)) |
AMENDED SECTION
SECTION 5.07 RESERVED SECTION ((WORK DONE WITHOUT AN APPROVAL
Where work for which a Notice of Intent to Operate is
required is commenced prior to making application and receiving
approval, the Control Officer or an authorized agent may conduct
an investigation as part of the Notice of Intent review. In such
a case, an investigation fee, in addition to fees of section 7.02
((5.06(a))), shall be assessed in an amount equal to 3 times the
Portable Air Contaminant Source fees of section 7.02 ((5.06(a))).
Payment of the fees does not relieve any person from the
requirement to comply with the regulations nor from any penalties
for failure to comply.))
Reviser's note: The unnecessary underscoring in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDED SECTION
SECTION 7.01 NOTICE OF CONSTRUCTION
(a) No person shall construct, install, establish, or modify
an air contaminant source, ((except those sources listed in
Article 5, section 1.05 (b) of the Regulation)) without first
filing with the authority a "Notice of Construction and
Application for Approval", on forms prepared and provided by the
authority, and without having received approval by the authority.
All sources subject to Registration in Article 5, section 5.01 of
the Regulation are subject to this Article. For the purposes of
this Article, addition to, enlargement, or replacement of an air
contaminant source, or any alteration thereto, shall be construed
as construction, installation or establishment of a new air
contaminant source.
((New air contaminant sources shall include, but not be
limited to, the following:
(1) Agricultural drying and dehydrating operations.
(2) Asphalt plants.
(3) Cattle feedlots with facilities for 1,000 or more cattle.
(4) Chemical plants.
(5) Ferrous foundries.
(6) Fertilizer plants.
(7) Grain handling, seed processing, pea and lentil processing facilities.
(8) Mineralogical processing plants.
(9) Nonferrous foundries.
(10) Oil refineries.
(11) Other metallurgical processing plants.
(12) Power boilers using coal, hog fuel or oil.
(13) Rendering plants.
(14) Scrap metal operations.
(15) Veneer dryers.
(16) Wood waste incinerators including wigwam burners.
(17) Other incinerators designed for a capacity of 100 pounds per hour or more.
(18) Stationary internal combustion engines rated at 500 horsepower or more.
(19) Any category of stationary sources to which a federal standard of performance applies.
(20) Any source which emits a contaminant subject to a national emission standard for hazardous air pollutants.
(21) Sawmills, including processing for lumber, plywood, shake, shingle, pulp wood insulating board, or any combination thereof.))
((Provided, however;
For sources, such as asphalt batch plants, which locate temporarily at particular sites, the owner or operator shall be permitted to operate at a temporary location without filing a Notice of Construction, providing that the owner or operator notifies the Authority of intent to operate at the new location at least 30 days prior to starting the operation, and supplies sufficient information to enable the Authority to determine that the operation will comply with the emission standards for a new source and the applicable ambient air standards. The permission to operate shall be for a limited period of time and the Authority may set specific conditions for operation during said period which shall include a requirement to comply with all applicable emission standards.))
(b) A Notice of Construction and Application for Approval shall not be required to begin an alteration of equipment or control apparatus if delaying the alteration may endanger life or the supplying of essential services. The Authority shall be notified in writing of the alteration on the first working day after the alteration is commenced, and a Notice of Construction and Application for Approval shall be filed within fourteen (14) days after the day the alteration is commenced.
(c) RESERVED SUB-SECTION
(d) Each Notice of Construction and Application for Approval shall be signed by the applicant or owner, who may be required to submit evidence of their authority.
NEW SECTION
SECTION 7.02 NOTICE OF INTENT TO OPERATE
(a) For portable air contaminant sources which locate temporarily at particular sites and move within the OAPCA region a Notice of Intent to Operate must be filed with the Authority. The Notice of Intent to Operate must be filed at least 30 days prior to starting the operation, and must supply sufficient information to enable the Authority to determine that the operation will comply with the emission standards for a new source and the applicable ambient air standards. The permission to operate shall be for a limited period of time and the Authority may set specific conditions for operation during said period which shall include a requirement to comply with all applicable emission standards. The Authority shall not commence processing of a Notice of Intent to Operate until it has received fees as shown in Table 7.02a.
| PORTABLE AIR CONTAMINANT SOURCE | FEE AMOUNT |
| Asphalt Plant | $500 |
| Soil Thermal Desorbtion Unit | $1,000 |
| Rock Crusher | $300 |
| Chipper | $100 |
| Other | $100 |
Reviser's note: The unnecessary underscoring in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
SECTION 7.03 ADDITIONAL INFORMATION - WHEN REQUIRED
(a) The Control Officer or the Board may require, as a condition precedent to the construction, installation or establishment of a new air contaminant source or sources, the submission of plans, drawings, data, specifications and such other information as is deemed necessary in order to determine whether the equipment or control apparatus is designed and will be installed to operate without causing a violation of any law or regulation of the Authority.
(b) After approval to construct, install or establish a new air contaminant source or control facility is granted, deviations from the approved plans, drawings, data and specifications are not permissible without first securing written approval for the changes from the Control Officer or an authorized representative.
AMENDED SECTION
SECTION 7.04 PUBLIC NOTICE, COMMENTS AND HEARINGS
(a) Applicability of public notice requirements. The Authority shall provide public notice prior to approval or denial of any Notice of Construction and Application for Approval if:
(1) The proposed installation or modification would cause a
significant increase the potential to emit of any air contaminant
listed in Table 7.((01))03a; or
Air Contaminant |
Potential Tons/Year |
| Carbon Monoxide (CO) Volatile Organic Compounds (VOC) Sulfur dioxide Nitrogen Oxides (NOx) Particulate Matter (PM) Fine Particulate Matter (PM10) Lead Fluorides Sulfuric Acid Mist Hydrogen sulfide (H2S) Total Reduced Sulfur (including H2S) Municipal waste combuster organics (measured as total tetra-through octa-chlorinated dibenzo-p-dionxins and dibenzofurans Municipal waste combuster metals (measured as PM) Municipal waste combuster acid gases (measured as SO2 and hydrogen chloride) |
100.0 40.0 40.0 40.0 25.0 15.0 0.6 3.0 7.0 10.0 10.0 0.0000035 15 40 |
(2) The applicant requests a limit on the potential to emit; or
(3) The applicant requests to bank emission reduction credits; or
(4) The proposed installation or modification involves refuse burning equipment; or,
(5) The Control Officer determines that there may be substantial public interest in the proposal.
(b) Public notice requirements. Public notice shall be made only after all information required by the Authority has been submitted and after a Preliminary Determination has been made. The cost of providing public notice shall be borne by the applicant according to provisions in section 7.13. Public notice shall include the following:
(1) Availability for public inspection in at least one location near the proposed project, of the nonproprietary information submitted by the applicant, and any written Preliminary Determination by the Authority.
(2) Publication of a legal notice in a newspaper of general circulation in the area of the proposed project which provides:
(i) A brief description of the project;
(ii) Location of the project and location of documents made available for public inspection;
(iii) The deadline for submitting written comments;
(iv) A statement that any person, interested governmental agency, group, or the applicant may request a public hearing; and,
(v) A statement that a public hearing may be held if the Authority determines within a 30-day period that significant public interest exists.
(3) Notice to the U.S. Environmental Protection Agency Regional Administrator.
(c) Consideration of public comments. Unless a public hearing is held, the public comment period shall be the thirty-day period following the date the public notice is first published. If a public hearing is held, the public comment period shall extend through the hearing date and thereafter for such period, if any, as the notice of public hearing may specify. No final decision on any Notice of Construction and Application for Approval for which a public notice is required pursuant to Section 7.04(a) shall be made until the public comment period has ended and any comments received have been considered.
(d) Provisions for public hearings. The applicant, any interested governmental entity, any group, or any person may request a public hearing within the comment period specified in the public notice. Any such request shall indicate, in writing, the interest of the entity filing it and why a hearing is warranted. The Authority may, in its discretion, hold a public hearing if it determines significant public interest exists. Any such hearing shall be held upon such notice and at a time and place as the Authority deems reasonable. The Authority shall provide at least 30 days prior notice of any hearing.
Reviser's note: The spelling error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
SECTION 7.05 ISSUANCE OF APPROVAL OR ORDER
(a) As soon as practicable after receipt of Notice of Construction and Application for Approval, and, if public noticing is required pursuant to Section 7.04, after consideration of any comments and testimony received, the Board or Control Officer shall issue an Approval Order for the proposed project or an Order that the construction, installation or establishment of a new air contaminant source will not be in accord with the applicable emissions standards as are in effect at the time of filing the Notice of Construction and Application for Approval. Failure to comply with any term or condition of an Approval Order constitutes a violation of this section and is subject to penalties pursuant to RCW 70.94.430 and RCW 70.94.431.
(b) No approval will be issued unless the information required by Section 7.01 and 7.03 evidences to the Control Officer or the Board that:
(1) The equipment or control apparatus is designed and will be installed to operate without causing violation of any law or regulation of the Authority.
(2) Upon request of the Control Officer or Board, equipment or control apparatus having a stack three (3) feet or more in diameter is provided with:
(i) Sampling ports of a size, number and location as the Authority may require; and
(ii) Safe access to each port; and
(iii) Such other sampling and testing facilities as the Control Officer or Board may require.
(3) The equipment incorporates all known available and reasonable methods of emission control and will meet the requirements of all applicable Standards of Performance promulgated by the United States Environmental Protection Agency.
(c) If the Board or Control Officer determines that the construction, installation or establishment of a new air contaminant source or sources will not comply with all laws or regulations of the Authority, the Board or Control Officer shall issue an Order for the prevention of the construction, installation or establishment of the air contaminant source or sources; and
(1) The Order shall be in writing;
(2) The Order shall set forth the objections in detail with reference to the specific law or section or sections of the Regulation that will not be met by the proposed construction, installation or establishment;
(3) The Order shall be signed by the Control Officer or an authorized representative.
(d) Any Order issued pursuant to this section shall become final unless, no later than twenty (20) days after the date the Order is served pursuant to Section 3.21 of the Regulation, the owner or applicant petitions for a reconsideration of the Order, stating reasons for the reconsideration.
(1) The Board or Control Officer shall consider the petition and shall within thirty (30) days give written notice of approval or disapproval of the petition, setting forth the reasons for disapproval.
(2) If the petition of the owner or applicant is disapproved, the owner or applicant may appeal to the Pollution Control Hearings Board of the State of Washington, pursuant to Section 3.17 of this Regulation.
(e) Any Order issued or the failure to issue such an order or approval, shall not relieve any person from their obligation to comply with any emission control requirement or with any other provision of law.
SECTION 7.07 NOTICE OF COMPLETION - ORDER OF VIOLATION
(a) The owner or applicant shall notify the Board or Control Officer of the completion of construction, installation or establishment and the date upon which operation will commence. The Board or Control Officer shall, within thirty (30) days of receipt of notice of completion, inspect the construction, installation or establishment and the Board or Control Officer may issue an Order of Violation if it is found that the construction, installation or establishment is not in accord with the plans, specifications or other information submitted to the Authority and will be in violation of a law or regulation of the Authority in existence at the date the order was issued.
(b) Upon receipt of an Order of Violation, the owner may appeal said order in accordance with the provisions and procedures in Sections 3.17 and 3.19 of this Regulation.
(c) The issuance of approval as provided by this Article and Section 7.05 shall not relieve the owner of the obligation to comply with the laws or regulations as adopted by this Authority or prevent the Board or Control Officer from issuing such orders as provided by Section 3.01, subsection (b) of Article 3 of this Regulation.
SECTION 7.09 CONDITIONAL APPROVAL
The owner or applicant may request a conditional approval for an experimental installation, construction or establishment and said approval may be issued by the Board or Control Officer if it appears to the Board or Control Officer, from all submitted information, that the installation, construction or establishment, when completed, will satisfy the emissions standards adopted by the Board.
SECTION 7.11 TIME LIMIT ON APPROVAL OF CONSTRUCTION
(a) Any person undertaking the construction, installation,
or establishment of a new air contaminant source not completed
within one (1) year following issuance of any "Approval of
Construction" given pursuant to this Article 7 of Regulation 1,
shall be required to again comply with the requirements of
Section 7.01 through 7.09 of this Regulation before proceeding
with such construction, installation, or establishment.
(b) Upon application, an extension not to extend beyond a period of one (1) additional year shall be granted by the Board or Control Officer, provided that all regulations and conditions in force at the time of the issuance of the original "Approval of Construction" have not changed.
(c) All "Approval of Construction" previously granted herein shall expire one (1) year from the effective date of this resolution.
AMENDED SECTION
SECTION 7.13 NOTICE OF CONSTRUCTION FILING FEES
(a) The fee for processing a Notice of Construction and Application for Approval (NOC) shall include a Filing Fee according to Section 7.13(b), Plan Examination and Inspection Fees according to Section 7.13(c), and any applicable Additional NOC Processing Fees according to Section 7.13(d).
(b) Filing Fees. The Authority shall not commence processing of a NOC until it has received a filing fee of $100.00.
(c) Plan Examination and Inspection Fees. A Plan
Examination and Inspection Fee shall be paid for each piece of
equipment or process proposed which emits air pollutants and
requires filing a NOC, and for certain fee eligible reviews and
determinations as identified in Table 7.((2))13a. The applicant
may choose to determine applicable Plan Examination and
Inspection Fees based on this section and include payment along
with the NOC application, or may elect to have the Authority
determine applicable Plan Examination and Inspection Fees during
the NOC completeness review, in which case, the applicant would
be billed. In either case, the NOC application is incomplete
until the Authority has received payment of applicable Plan
Examination and Inspection Fees. Plan Examination and Inspection
Fees shall be determined as follows:
(1) One Plan Examination and Inspection Fee shall be paid
for each regulatory determination or review item identified in
Table 7.((2))13a which applies to the NOC;
(2) One Plan Examination and Inspection Fee shall be paid for each piece of equipment or process which emits air pollutants and requires filing a NOC except for equipment or processes which can be considered as identical equipment or processes;
(3) Equipment or processes may be considered identical provided that they have the same physical specifications and only one examination and/or inspection is required by the Authority;
(4) Identical equipment or processes may be accounted for collectively as a single piece of equipment or process subject to a single Plan Examination and Inspection Fee;
(5) The Plan Examination and Inspection Fee for a piece of
equipment shall be based on the fee amount in Table 7.((2))13a
which most closely matches the equipment or process type; and,
(6) Any fee based on actual cost to the Authority shall be determined according to 7.13(e).
(d) Additional Fees. An Additional NOC Processing Fee shall be paid by the applicant for any work identified in Table 7.3 which has been completed by the Authority for purposes of finalizing review and approval of a NOC. The Authority shall not issue the Final Determination or Order of Approval for any NOC until applicable additional NOC Processing Fees have been paid. The Authority shall determine which additional NOC Processing Fees apply and shall bill an applicant after issuing a Preliminary Determination, but prior to issuing a Final Determination or Approval Order. Additional NOC Processing Fees shall be determined based on the fee schedule contained in Table 7.3. Any fee based on actual cost to the Authority shall be determined according to 7.13(e).
(e) Fee amounts in Table 7.((2))13a and Table 7.((3))13b
which are based on the Authority's actual cost to complete a
review or task shall be determined using the actual direct hours
expended completing the specific review or task and the
corresponding direct hourly salary rate of each Authority staff
person directly involved. The following provisions shall apply:
(1) Actual hours used in determining the amount of a fee shall be recorded on a daily basis by each Authority staff person directly involved in completing the specific task;
(2) Time accrued for purposes of determining the amount of a fee for this section shall be accounted for to the nearest 15 minutes;
(3) Current employee salary rates shall be used when calculating actual cost-based fees; and,
(4) The bill issued for any fee based on the Authority's actual cost shall indicate the total hours expended and the hourly cost rates which were used to determine the fee.
| DESCRIPTION | FEE |
| Fuel Burning Equipment (new installation) (fee based on Million Btu/hr heat input at design capacity): less than 10 10 or more but less than 20 20 or more but less than 50 50 or more but less than 100 100 or more fuel change or new fuel |
$350 $500 $700 $1,500 $2,500 1/2 x new installation fee |
| Emissions from control equipment or from uncontrolled process equipment (fee based on Actual cubic feet per minute at design capacity): less than 10,000 10,000 or more but less than 20,000 20,000 or more but less than 50,000 50,000 or more but less than 100,000 100,000 or more but less than 250,000 250,000 or more |
$300 $400 $550 $850 $1,700 $2,500 |
| Incineration (fee based on rate in pounds per hour at design capacity): less than 100 100 or more but less than 500 500 or more but less than 1000 |
$300 $550 $1,650 |
| Refuse Combustion (fee based on combustion rate in tons per day at design capacity): less than 12 12 or more |
$2,500 Actual Cost |
| Storage tanks, reservoirs, or containers other than retail gasoline or diesel fuel
dispensing facilities (fee based on gallons total capacity): 6,000 or more but less than 40,000 40,000 or more but less than 100,000 100,000 or more but less than 500,000 500,000 or more |
$350 $800 $1,250 $1,400 |
| Spray Painting Operation (per booth) | $300 |
| Dry Cleaner (per machine) | $200 |
| New Gasoline Station | $300 |
| Gasoline Station Upgrade or Modification | $200 |
| Coffee Roaster | $1,000 |
| Asphalt Plant (initial) | $1,000 |
| Soil Thermal Desorbtion Unit (initial) | $2,500 |
| Odor Source | $500 |
| Soil and Groundwater remediation | $500 |
| Air Toxics Screening Review (Chapter 173-460 WAC) (provided by source) | $200 |
| NOC Application Assistance (emission calculations, air toxics screening, etc.) | $300 |
| SEPA Threshold Determination | $300 |
| Approval Order Modification | $100 |
| Other (whichever is greater) | $200 or Actual Cost |
| FEE ELIGIBLE ITEM | DESCRIPTION | FEE AMOUNT |
| Additional NOC Processing Fees for Major Sources | Additional NOC processing fees shall equal the actual cost of processing the NOC for a Major Source less the NOC fees already paid. | Actual Cost |
| Environmental Impact Statements | Preparing an Environmental Impact Statement (EIS) in order to comply with the State Environmental Policy Act. | Actual Cost |
| NOC Assistance | Assistance in completing a NOC application including, but not limited to, assistance in calculating emissions, filling out standard forms, determining applicable requirements, completing a BACT analysis, performing an air toxics screening analysis pursuant to Chapter 173-460 WAC, and selecting monitoring equipment. | Actual Cost |
| Emission Reduction Credits | Review and approval of emission reduction credits pursuant to Chapter 173-400-131 WAC. | Actual Cost |
| Voluntary Emissions Limits (Synthetic Minors) | Review and approval of voluntary limits on emissions requests pursuant to Chapter 173-400-091 WAC. | Actual Cost |
| Alternative Opacity Limits | Review and approval of alternative opacity limit requests pursuant to RCW 70.94.331(2)(c). | Actual Cost |
| Public Noticing | Work Associated with issuing public notice pursuant to Chapter 173-400-171 WAC and Section 7.01(e) of OAPCA Regulation 1. Associated work includes issuing a press release if warranted, copying and posting the written Preliminary Determination for public viewing, and reviewing and responding to comments. | $350 |
| Publishing | Cost of publishing any legal public notice required pursuant to Chapter 173-400-171 WAC. | Actual cost of publishing. |
| Public Hearings | Work associated with conducting a public hearing including, but not limited to, preparation of summary materials, copying, issuing hearing notice, conducting the hearing, and responding to comments. | $400 |
AMENDED SECTION
SECTION 7.15 WORK DONE WITHOUT APPROVAL
(a) Where work, for which a Notice of Construction is
required, is commenced or performed prior to making application
and receiving approval, the Control Officer or an authorized
agent may conduct an investigation as part of the Notice of
Construction review. In such a case, an investigation fee, in
addition to the fees of Section 7.13 shall be assessed in an
amount equal to 3 times the fees required of Section 7.13.
Payment of the fees does not relieve any person from the
requirement to comply with the regulations nor from any penalties
for failure to comply
(b) Where work for which an Notice of Intent to Operate is required is commenced prior to making application and receiving approval, the Control Officer or an authorized agent may conduct an investigation as part of the Notice of Intent review. In such a case, an investigation fee, in addition to fees of section 7.02, shall be assessed in an amount equal to 3 times the Portable Air Contaminant Source fees of section 7.02. Payment of the fees does not relieve any person from the requirement to comply with the regulations nor from any penalties for failure to comply.
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.