WSR 02-09-085

PROPOSED RULES

PUGET SOUND

CLEAN AIR AGENCY

[ Filed April 17, 2002, 9:58 a.m. ]

Original Notice.

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

Title of Rule: Amend Regulation I, Section 7.07.

Purpose: To adjust the fees for operating permits to cover program costs and to establish a fee for delinquent invoices to cover the cost of rebilling those facilities.

Other Identifying Information: Regulation I, Section 7.07 pertains to Operating Permit Fees.

Statutory Authority for Adoption: Chapter 70.94 RCW.

Statute Being Implemented: RCW 70.94.141.

Summary: The increases in the Operating Permit fees will help recover the cost of implementing the program. The addition of a delinquent fee will cover the cost of rebilling those facilities.

Reasons Supporting Proposal: The Operating Permit fees need to cover the cost of implementing the program.

Name of Agency Personnel Responsible for Drafting and Enforcement: Jim Nolan, 110 Union Street, #500, Seattle, WA 98101, (206) 689-4053; and Implementation: Tina Laing, 110 Union Street, #500, Seattle, WA 98101, (206) 689-4013.

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 operating permit fees to cover the program costs and will establish a fee for delinquent invoices to cover the cost of having to rebill those facilities.

Proposal Changes the Following Existing Rules: Operating Permit base fees will be increased by 25% and emission fees by 10%. Also, a delinquent fee of 25% not to exceed $5,000 will be established.

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

James Nolan

Director - Compliance

AMENDATORY SECTION

REGULATION I SECTION 7.07 OPERATING PERMIT FEES


(a) The Agency shall levy annual operating permit fees as set forth in Section 7.07(b) below to cover the cost of administering the operating permit program.

(b) Upon assessment by the Agency, the following operating permit fees are due and payable within 30 days. They shall be deemed delinquent if not fully paid within 90 days and will be subject to an additional delinquent fee equal to 25% of the original fee, not to exceed $5,000.

(1) ((Facility Fees:)) Sources in the following North American Industry Classification System (NAICS) codes (North American Industry Classification System Manual, U.S. Executive Office of the President, Office of Management and Budget, 1997) or Standard Industrial Classification (SIC) codes, or sources subsequently determined by the control officer to be assigned to either Section 7.07 (b)(1)(i) or 7.07 (b)(1)(ii) shall be subject to the following facility fees:

(i) ((Operating permit sources with the following North American Industry Classification System (NAICS) codes (North American Industry Classification System Manual, U.S. Executive Office of the President, Office of Management and Budget, 1997) or Standard Industrial Classification (SIC) codes:)) Operating permit sources with the following NAICS/SIC codes:


NAICS SIC NAICS Description
32411 2911 Petroleum Refineries
32731 3241 Cement Manufacturing
331111 3312 Iron and Steel Mills
336411 3721 Aircraft Manufacturing
336413 3728 Other Aircraft Parts and Auxiliary Equipment Manufacturing
92811 9711 National Security

. . . . . . . . . . . . $((25,000)) 30,000


(ii) Operating permit sources with the following NAICS/SIC codes:


NAICS SIC NAICS Description
23521 1721 Painting and Wall Covering Contractors
311812 2051 Commercial Bakeries
321114 2491 Wood Preservation
32191 2431 Millwork
321999 2499 All Other Miscellaneous Wood Product Manufacturing
322222 2672 Coated and Laminated Paper Manufacturing
32614 3086 Polystyrene Foam Product Manufacturing
32615 3086 Urethane and Other Foam Product (except Polystyrene) Manufacturing
327121 3251 Brick and Structural Clay Tile Manufacturing
332313 3443 Plate Work Manufacturing
332996 3498 Fabricated Pipe and Pipe Fitting Manufacturing
333415 3585 Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing
33711 2434 Wood Kitchen Cabinet and Countertop Manufacturing
81142 7641 Reupholstery and Furniture Repair

. . . . . . . . . . . . $((5,000)) 7,500

(iii) Operating permit sources with NAICS/SIC codes

other than listed above . . . . . . . . . . . . $((10,000)) 15,000

(2) Additional emission rate fees shall be paid in addition to the annual operating permit fees of Section 7.07 (b)(1):

$((20)) 22 for each ton of CO reported ((when the CO emissions are equal to or exceed 25 tons)) in the previous calendar year, and

$((40)) 44 for each ton of NOx reported ((when the NOx emissions are equal to or exceed 25 tons)) in the previous calendar year, and

$((40)) 44 for each ton of PM10 reported ((when the PM10 emissions are equal to or exceed 25 tons)) in the previous calendar year, and

$((40)) 44 for each ton of SOx reported ((when the SOx emissions are equal to or exceed 25 tons)) in the previous calendar year, and

$((40)) 44 for each ton of VOC reported ((when the VOC emissions are equal to or exceed 25 tons)) in the previous calendar year, and

$((40)) 44 for each ton of HAP reported ((when the facility total HAP emissions are equal to or exceed 6 tons)) in the previous calendar year ((or when any single individual HAP emissions are equal to or exceed 2 tons in the previous calendar year)).

(c) In addition to the fees under Sections 7.07 (b)(1) and (b)(2) above, the Agency shall, on a source-by-source basis, levy the following fees:

(1) $250 for administrative permit amendments, and

(2) for minor permit modifications, a fee equal to 10% of the annual operating permit fee, not to exceed $5,000, and

(3) for the issuance, significant modification, or renewal of an operating permit, a fee equal to 20% of the annual operating permit fee, not to exceed $10,000, and

(4) to cover the cost of public involvement under WAC 173-401-800, and

(5) to cover the cost incurred by the Washington State Department of Health in enforcing 40 CFR Part 61, Subpart I and Chapter 246-247 WAC.

(d) In addition to the fees described under Sections 7.07 (b) and (c) above, the Agency shall collect and transfer to the Washington State Department of Ecology a surcharge established by the Department of Ecology under Chapter ((WAC)) 173-401 WAC to cover the Department of Ecology's program development and oversight costs.

(e) Continued payment to the Agency of the annual operating permit fee maintains the operating permit and the status of the source as an operating facility.

Washington State Code Reviser's Office