WSR 02-13-121

PERMANENT RULES

PUGET SOUND

CLEAN AIR AGENCY

[ Filed June 19, 2002, 9:45 a.m. , effective September 1, 2002 ]

Date of Adoption: May 23, 2002.

Purpose: To increase the registration fees to cover program costs and to add a 25% delinquency fee to any registration fees that are over ninety days past due.

Citation of Existing Rules Affected by this Order: Amending Regulation I, Section 5.07.

Statutory Authority for Adoption: Chapter 70.94 RCW.

Adopted under notice filed as WSR 02-09-083 on April 17, 2002.

Changes Other than Editing from Proposed to Adopted Version: In 5.07 (c)(5)(iv) the fee was lowered from $400 to $300. In 5.07 (c)(8) for clarification we added: "Section 5.07 (c)(6)" to the reference; and added "except sources with equipment subject to Section 6.11 of Regulation I or Section 2.02 of Regulation III."

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 1, 2002.

June 17, 2002

James Nolan

Director - Compliance

AMENDATORY SECTION

REGULATION I SECTION 5.07 REGISTRATION FEES

(a) The Agency shall levy annual fees as set forth in Section 5.07(c) below for services provided in administering the registration program. Fees received under the registration program shall not exceed the cost of administering the program. Registration fees do not apply to sources subject to Article 7 of Regulation I.

(b) Upon assessment by the Agency, registration 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 $1,000.

(c) Annual registration fees are assessed either by the emission reporting thresholds or, if below emission thresholds, by the primary 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 (Standard Industrial Classification Manual, Executive Office of the President, Office of Management and Budget, 1987):

(1) Emission reporting sources under Section 5.05(d) that equal or exceed any of the emission thresholds in ((this)) that paragraph shall be charged an annual registration fee of (($1,200)) $1,750 plus an additional emission rate fee of:

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

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

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

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

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

$((40)) 44 for each ton of HAP ((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)) reported in the previous calendar year.

(2) Emission reporting sources under Section 5.05(d) that equal or exceed twice any of the emission thresholds in ((this)) that paragraph shall be charged the annual registration fee of (($2,500)) $3,500 plus an additional emission rate fee of:

$((20)) 22 for each ton of CO ((when the CO emissions are equal to or exceed 50 tons)) reported in the previous calendar year, and

$((40)) 44 for each ton of NOx ((when the NOx emissions are equal to or exceed 50 tons)) reported in the previous calendar year, and

$((40)) 44 for each ton of PM10 ((when the PM10 emissions are equal to or exceed 50 tons)) reported in the previous calendar year, and

$((40)) 44 for each ton of SOx ((when the SOx emissions are equal to or exceed 50 tons)) reported in the previous calendar year, and

$((40)) 44 for each ton of VOC ((when the VOC emissions are equal to or exceed 50 tons)) reported in the previous calendar year, and

$((40)) 44 for each ton of HAP ((when the facility total HAP emissions are equal to or exceed 12 tons in the previous calendar year or when any single individual HAP emissions are equal to or exceed 5 tons)) reported in the previous calendar year.

(3) Automobile body repair and painting (SIC = 7532, NAICS = 811121)

without EnviroStar rating of 3, 4, or 5 stars . . . . . . . . . . . . $((250))

300

with EnviroStar rating of 3, 4, or 5 stars . . . . . . . . . . . . $50

(4) Perchloroethylene dry-cleaning plants, except rug cleaning (SIC = 7216, NAICS = 812322)

vented . . . . . . . . . . . . $500

unvented . . . . . . . . . . . . $50

(5) Gasoline service stations with gasoline annual throughput during the last calendar year (as certified at the time of annual fee payment) of:

(i) more than 6,000,000 ((1,200,000)) gallons . . . . . . . . . . . . (($400))

subject to Section 5.07 (c)(1) above

(ii) 3,600,001 to 6,000,000 ((840,001 to 1,200,000)) gallons

((in Kitsap County)) . . . . . . . . . . . . $((250))

1,000

(iii) 1,200,001 to 3,600,000 ((600,001 to 1,200,000)) gallons

((in King, Pierce, or Snohomish County)) . . . . . . . . . . . . $((250))

600

(iv) 840,001 to 1,200,000 ((600,001 to 840,000)) gallons

((in Kitsap County)) . . . . . . . . . . . . $((150))

300

(v) 200,000 to 840,000 ((600,000)) gallons . . . . . . . . . . . . $((150))

200

(vi) less than 200,000 gallons . . . . . . . . . . . . $100

(6) Sources ((having 10 or more full-time employees at the facility site (as certified at the time of annual fee payment) and)) requiring registration under Section 5.03 in the following NAICS or SIC codes, or as subsequently assigned to Section 5.07 (c)(6) by the Control Officer, shall be charged an annual registration fee of (($1,200)) $1,600:


NAICS SIC NAICS Description
212312 1422 Crushed and Broken Limestone Mining and Quarrying
212319 1429 Other Crushed and Broken Stone Mining and Quarrying
212321 1442 Construction Sand and Gravel Mining
212322 1446 Industrial Sand Mining
221122 4911 Electric Power Distribution
22132 4952 Sewage Treatment Facilities
23411 1611 Highway and Street Construction
311111 2047 Dog and Cat Food Manufacturing
311119 2048 Other Animal Food Manufacturing
((311421 2035 Fruit and Vegetable Canning))
311612 2013 Meat Processed from Carcasses
311613 2077 Rendering and Meat Byproduct Processing
311999 2099 All Other Miscellaneous Food Manufacturing
321114 2491 Wood Preservation
324121 2951 Asphalt Paving Mixture and Block Manufacturing
324122 2952 Asphalt Shingle and Coating Materials Manufacturing
325311 2873 Nitrogenous Fertilizer Manufacturing
325314 2875 Fertilizer (Mixing Only) Manufacturing
325412 2834 Pharmaceutical Preparation Manufacturing
325612 2842 Polish and Other Sanitation Good Manufacturing
32591 2893 Printing Ink Manufacturing
326199 3089 All Other Plastics Product Manufacturing
326291 3061 Rubber Product Manufacturing for Mechanical Use
327211 3211 Flat Glass Manufacturing
32731 3241 Cement Manufacturing
32732 3273 Ready-Mix Concrete Manufacturing
32739 3272 Other Concrete Product Manufacturing
32742 3275 Gypsum Product Manufacturing
32791 3291 Abrasive Product Manufacturing
327992 3295 Ground or Treated Mineral and Earth Manufacturing
327999 3292, 3299 All Other Miscellaneous Nonmetallic Mineral Product Manufacturing
331111 3312 Iron and Steel Mills
331222 3315 Steel Wire Drawing
331312 3334 Primary Aluminum Production
331492 3341 Secondary Smelting, Refining, and Alloying of Nonferrous Metal (except Copper and Aluminum)
331511 3321 Iron Foundries
331512 3324 Steel Investment Foundries
331513 3325 Steel Foundries (except Investment)
331524 3365 Aluminum Foundries (except Die-Casting)
331525 3366 Copper Foundries (except Die-Casting)
331528 3369 Other Nonferrous Foundries (except Die-Casting)
332811 3398 Metal Heat Treating
332812 3479 Metal Coating, Engraving (except Jewelry and Silverware), and Allied Services to Manufacturers
332813 3471 Electroplating, Plating, Polishing, Anodizing, and Coloring
333414 3433 Heating Equipment (except Warm Air Furnaces) Manufacturing
333999 3599 All Other Miscellaneous General Purpose Machinery Manufacturing
334412 3672 Bare Printed Circuit Board Manufacturing
334413 3674 Semiconductor and Related Device Manufacturing
334418 3679 Printed Circuit Assembly (Electronic Assembly) Manufacturing
335129 3648 Other Lighting Equipment Manufacturing
335312 7694 Motor and Generator Manufacturing
335911 3691 Storage Battery Manufacturing
336411 3721 Aircraft Manufacturing
336413 3728 Other Aircraft Parts and Auxiliary Equipment Manufacturing
336611 3731 Ship Building and Repairing
42251 5153 Grain and Field Bean Wholesalers
((42269 5169 Other Chemical and Allied Products Wholesalers))
42271 5171 Petroleum Bulk Stations and Terminals
422720 5172 Petroleum and Petroleum Products Wholesalers (except Bulk Stations and Terminals)
481111 4512 Scheduled Passenger Air Transportation
48691 4613 Pipeline Transportation of Refined Petroleum Products
48819 4581 Other Support Activities for Air Transportation
48821 4013 Support Activities for Rail Transportation
48849 4173 Other Support Activities for Road Transportation
562111 4953 Solid Waste Collection
62211 8062 General Medical and Surgical Hospitals
62221 8063 Psychiatric and Substance Abuse Hospitals
62231 8069 Specialty (except Psychiatric and Substance Abuse) Hospitals
81221 7261 Funeral Homes and Funeral Services
81222 7261 Cemeteries and Crematories
81391 8611 Business Associations
92214 9223 Correctional Institutions

(7) ((Other sources having 10 or more full-time employees at the facility site (as certified at the time of annual fee payment) and requiring registration under Section 5.03 in the following North American Industry Classification System (NAICS) codes or Standard Industrial Classification (SIC) codes shall be charged an annual registration fee of $600:))

All other sources requiring registration under Section 5.03 and not listed in Sections 5.07 (c)(1) through 5.07 (c)(6) or Section 5.07 (c)(8), shall be charged an annual registration fee of $800.

((NAICS SIC NAICS Description
115112 0711 Soil Preparation, Planting, and Cultivating
212325 1459 Clay and Ceramic and Refractory Minerals Mining
22132 4952 Sewage Treatment Facilities
22133 4961 Steam and Air-Conditioning Supply
23321 1521 Single-Family Housing Construction
23499 1629 All Other Heavy Construction
23531 1731 Electrical Contractors
311111 2047 Dog and Cat Food Manufacturing
311119 2048 Other Animal Food Manufacturing
311211 2041 Flour Milling
311422 2032 Specialty Canning
311612 2013 Meat Processed from Carcasses
311711 2091 Seafood Canning
311821 2052 Cookie and Cracker Manufacturing
311822 2045 Flour Mixes and Dough Manufacturing from Purchased Flour
311823 2098 Dry Pasta Manufacturing
311919 2096 Other Snack Food Manufacturing
31192 2095 Coffee and Tea Manufacturing
312111 2086 Soft Drink Manufacturing
31212 2082 Breweries
321113 2421, 2429 Sawmills
321213 2439 Engineered Wood Member (except Truss) Manufacturing
321219 2493 Reconstituted Wood Product Manufacturing
32191 2431 Millwork
321912 2426 Cut Stock, Resawing Lumber, and Planing
32192 2441, 2448 Wood Container and Pallet Manufacturing
321992 2452 Prefabricated Wood Building Manufacturing
32213 2631 Paperboard Mills
322211 2653 Corrugated and Solid Fiber Box Manufacturing
322212 2657 Folding Paperboard Box Manufacturing
322213 2652 Setup Paperboard Box Manufacturing
322231 2675 Die-Cut Paper and Paperboard Office Supplies Manufacturing
32311 2759 Printing
323110 2752 Commercial Lithographic Printing
325188 2819 All Other Basic Inorganic Chemical Manufacturing
325199 2869 All Other Basic Organic Chemical Manufacturing
325211 2821 Plastics Material and Resin Manufacturing
32551 2851 Paint and Coating Manufacturing
326112 2671 Unsupported Plastics Packaging Film and Sheet Manufacturing
326199 3089 All Other Plastics Product Manufacturing
326212 7534 Tire Retreading
327331 3271 Concrete Block and Brick Manufacturing
332112 3463 Nonferrous Forging
332116 3469 Metal Stamping
332312 3441, 3449 Fabricated Structural Metal Manufacturing
332322 3444 Sheet Metal Work Manufacturing
332323 3446 Ornamental and Architectural Metal Work Manufacturing
33242 3443 Metal Tank (Heavy Gauge) Manufacturing
332618 3496 Other Fabricated Wire Product Manufacturing
332993 3483 Ammunition (except Small Arms) Manufacturing
332996 3498 Fabricated Pipe and Pipe Fitting Manufacturing
332999 3499 All Other Miscellaneous Fabricated Metal Product Manufacturing
333294 3556 Food Product Machinery Manufacturing
333515 3545 Cutting Tool and Machine Tool Accessory Manufacturing
333994 3567 Industrial Process Furnace and Oven Manufacturing
334111 3571 Electronic Computer Manufacturing
33422 3663 Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing
334412 3672 Bare Printed Circuit Board Manufacturing
334513 3823 Instruments and Related Products Manufacturing for Measuring, Displaying, and Controlling Industrial Process Variables
334518 3873 Watch, Clock, and Part Manufacturing
335129 3648 Other Lighting Equipment Manufacturing
335228 3639 Other Major Household Appliance Manufacturing
335911 3691 Storage Battery Manufacturing
335999 3629 All Other Miscellaneous Electrical Equipment and Component Manufacturing
336211 3713 Motor Vehicle Body Manufacturing
336411 3721 Aircraft Manufacturing
336413 3728 Other Aircraft Parts and Auxiliary Equipment Manufacturing
33651 3743 Railroad Rolling Stock Manufacturing
33711 2434 Wood Kitchen Cabinet and Countertop Manufacturing
337122 5712 Nonupholstered Wood Household Furniture Manufacturing
42132 5032 Brick, Stone, and Related Construction Material Wholesalers
42151 5051 Metal Service Centers and Offices
42169 5065 Other Electronic Parts and Equipment Wholesalers
42193 5093 Recyclable Material Wholesalers
42261 5162 Plastics Materials and Basic Forms and Shapes Wholesalers
42271 5171 Petroleum Bulk Stations and Terminals
422720 5172 Petroleum and Petroleum Products Wholesalers (except Bulk Stations andTerminals)
42299 5199 Other Miscellaneous Nondurable Goods Wholesalers
44419 5039 Other Building Material Dealers
454312 5984 Liquefied Petroleum Gas (Bottled Gas) Dealers
481111 4512 Scheduled Passenger Air Transportation
48411 4212 General Freight Trucking, Local
48819 4581 Other Support Activities for Air Transportation
48832 4491 Marine Cargo Handling
48833 4492 Navigational Services to Shipping
48849 4173 Other Support Activities for Road Transportation
49312 4222 Refrigerated Warehousing and Storage
51111 2711 Newspaper Publishers
51112 2721 Periodical Publishers
51113 2731 Book Publishers
51421 7374 Data Processing Services
53111 6513 Lessors of Residential Buildings and Dwellings
54171 8731 Research and Development in the Physical, Engineering, and Life Sciences
56121 8744 Facilities Support Services
61131 8221 Colleges, Universities, and Professional Schools
62211 8062 General Medical and Surgical Hospitals
62431 8331 Vocational Rehabilitation Services
712190 8422 Nature Parks and Other Similar Institutions
81221 7261 Funeral Homes and Funeral Services
81222 7261 Cemeteries and Crematories
812331 7219 Linen Supply
812332 7218 Industrial Launderers
922120 9221 Police Protection
92214 9223 Correctional Institutions
92811 9711 National Security))

(((8) All other sources, not listed above in Sections (1) through (7), requiring registration under Section 5.03, shall be charged an annual registration fee of $300.))

(8) All sources required to be registered by Sections 5.07 (c)(6) and 5.07 (c)(7), except sources with equipment subject to Section 6.11 of Regulation I or Section 2.02 of Regulation III, that certify (using the procedures in WAC 296-27-00103: Partial Exemption for Employers With 10 or Fewer Employees) they did not employ more than 10 persons at any time during the previous calendar year, shall be charged an annual registration fee of $400.

Washington State Code Reviser's Office