WSR 02-09-084

PROPOSED RULES

PUGET SOUND

CLEAN AIR AGENCY

[ Filed April 17, 2002, 9:56 a.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 70.94.141(1).

Title of Rule: Amend Regulation I, Section 6.04.

Purpose: To adjust the fees for notice of construction to cover program costs.

Other Identifying Information: Regulation I, Section 6.04 pertains to Notice of Construction Fees.

Statutory Authority for Adoption: Chapter 70.94 RCW.

Statute Being Implemented: RCW 70.94.141.

Summary: The increases in the Notice of Construction fees will help recover the cost of implementing the program.

Reasons Supporting Proposal: The Notice of Construction fees need to cover the cost of implementing the program.

Name of Agency Personnel Responsible for Drafting and Implementation: Steve Van Slyke, 110 Union Street, #500, Seattle, WA 98101, (206) 689-4052; and Enforcement: Jim Nolan, 110 Union Street, #500, Seattle, WA 98101, (206) 689-4053.

Name of Proponent: Puget Sound Clean Air Agency, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: This proposal will increase the notice of construction fees to cover the program costs.

Proposal Changes the Following Existing Rules: The Notice of Construction fees will be adjusted to recover the costs of implementing the program. A Notice of Construction filing fee $750 to be paid before application review will also be added.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This agency is not subject to the small business economic impact provision of the Administrative Procedure Act.

RCW 34.05.328 does not apply to this rule adoption. Pursuant to RCW 70.94.141(1), RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Puget Sound Clean Air Agency, 110 Union Street, Suite 500, Seattle, WA 98101, on May 23, 2002, at 9:15 a.m.

Assistance for Persons with Disabilities: Contact Agency Receptionist, (206) 689-4010, by May 16, 2002, TDD (800) 833-6388, or (800) 833-6385 (Braille).

Submit Written Comments to: Dennis McLerran, Puget Sound Clean Air Agency, 110 Union Street, Suite 500, Seattle, WA 98101, fax (206) 343-7522, by May 13, 2002.

Date of Intended Adoption: May 23, 2002.

April 16, 2002

Steven M. Van Slyke

Supervisory Engineer

AMENDATORY SECTION

REGULATION I SECTION 6.04 NOTICE OF CONSTRUCTION FEES


(a) A Notice of Construction (NOC) application is incomplete until the Agency has received ((a)) fees as shown below:

Notice of Construction Filing Fee (shall be paid prior to any review, each NOC or NOC modification) . . . . . . . . . . . . $750

General (not classified below) for each Piece of Emission-Generating Equipment ((or Control Equipment)) . . . . . . . . . . . . $500

General (not classified below) for each Piece of Control Equipment . . . . . . . . . . . . $500

Classified Source Categories (do not use general equipment fees above):

Composting Facility . . . . . . . . . . . . $((2,500)) 5,000

Landfill Gas System . . . . . . . . . . . . $2,500

Refuse Burning Equipment: (rated capacity)

12 tons per day or less . . . . . . . . . . . . $5,000

greater than 12 tons per day but less than 250 tons per day . . . . . . . . . . . . $20,000

250 tons per day or greater . . . . . . . . . . . . $50,000

Commercial Solid Waste Handling Facility . . . . . . . . . . . . $5,000

Combustion Based Power Generation Projects: (rated capacity)

Greater than or equal to 10 million Btu/hr but less than 100 million Btu/hr combined heat input . . . . . . . . . . . . $5,000

Greater than or equal to 100 million Btu/hr but less than 250 million Btu/hr combined heat input . . . . . . . . . . . . $10,000

Greater than or equal to 250 million Btu/hr combined heat input . . . . . . . . . . . . $15,000

Hot Mix Asphalt Batch Plants (new or modification) . . . . . . . . . . . . $7,000

Packaged Spray-Coating Booth (one manufacturer, not by owner) . . . . . . . . . . . . $250

Coffee Roasters (less than 40 pounds/batch, with thermal oxidizers) . . . . . . . . . . . . $500

Soil Thermal Desorption Unit (((initial))) . . . . . . . . . . . . $((3,000)) 5,000

((Relocation of Approved Desorption Unit to New Address . . . . . . . . . . . . $1,000))

Additional Charges (for each NOC action):

SEPA Threshold Determination

(DNS, under Regulation I, Section 2.04) . . . . . . . . . . . . $((250)) 500

SEPA Threshold Determination

(MDNS, under Regulation I, Section 2.07) . . . . . . . . . . . . $1,500

Air Toxics Review (under Regulation III, Section 2.07 (c)(2)) . . . . . . . . . . . . $500

Air Toxics Review (under Regulation III, Section 2.07 (c)(3)) . . . . . . . . . . . . $5,000

Major Source, Major Modification, or Emission Increases greater than Prevention of Significant Deterioration Thresholds (see Regulation I, Section 6.07(d)) . . . . . . . . . . . . $5,000

Construction or Reconstruction of a Major Source of Hazardous Air Pollutants (see Regulation I, Section 6.07(f)) . . . . . . . . . . . . $2,500

Opacity/Grain Loading Correlation . . . . . . . . . . . . $5,000

Emissions Units Subject to an NSPS or NESHAP (except residential wood heaters, asbestos renovation or demolition, and perchloroethylene dry cleaning) . . . . . . . . . . . . $1,000

Public Notice (plus publication fees) . . . . . . . . . . . . $500

(b) A notification under Section 6.03 (b)(1) through Section 6.03 (b)(9) of this regulation is incomplete until the Agency has received a fee of $100. A notification processed as a Notice of Construction exemption under Section 6.03 (b)(10) requires payment of the Notice of Construction filing fee.

(c) The Control Officer is authorized to enter into a written cost-reimbursement agreement with an applicant for review of complex projects, which require an environmental impact statement, as provided in RCW 70.94.085.

Washington State Code Reviser's Office