WSR 98-11-079

PROPOSED RULES

OLYMPIC AIR POLLUTION

CONTROL AUTHORITY

[Filed May 19, 1998, 12:50 p.m.]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 70.94.141

Title of Rule: Amend OAPCA's Regulation 1 Article 7 Notice of Construction

Purpose: Adjust Notice of Construction fees to cover program costs

Statutory Authority for Adoption: Chapter 70.94 RCW

Statute Being Implemented: RCW 70.94.141

Summary: This proposal will establish Notice of Construction fees to cover program costs

Reasons Supporting Proposal: Notice of Construction fees must be adjusted to cover the costs of administrating the program

Name of Agency Personnel Responsible for Drafting: Mark Goodin, 909 Sleater Kinney Road, 438-8768; Implementation and Enforcement: Charles Peace, 909 Sleater Kinney Road, 438-8768

Name of Proponent: Olympic Air Pollution Control Authority (OAPCA), governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: This proposal would increase Notice of Construction fees to cover the costs of administering the program

Proposal Changes the Following Existing Rules: Notice of Construction fees would increase to cover program costs

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 70.94.140 (i) [(1)], RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Olympic Air Pollution Control Authority, 909 Sleater Kinney Road S.E. #1, Lacey, WA 98503, on July 8, 1998, at 10:00 a.m

Assistance for Persons with Disabilities: Contact Craig Weckesser by July 3, 1998, (360) 438-8768

Submit Written Comments to: Charles Peace, FAX (360) 491-6308, by July 8, 1998

Date of Intended Adoption: August 9, 1998

May 14, 1998

Charles Peace

Executive Director

AMENDATORY 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 5.01 (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. 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 horse power 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 ((Olympic Air Pollution Control)) 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 ((Olympic Air Pollution Control)) 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 ((Olympic Air Pollution Control)) 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 ((A separate Notice and Application shall be submitted for each unit of equipment or control apparatus, unless identical units of equipment or control apparatus are to be installed, constructed or established in an identical manner on the same premises: PROVIDED, that the owner has the option to give notice and apply for approval of a process with a detailed inventory of contaminant sources and emissions related to said process.))

(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.

(((e) Notice shall be given to the public for public comment concerning the "Notice of Construction and Application for Approval" filed by the applicant. Such notice shall be given by publication in a newspaper of general circulation in the county in which the proposed contaminant source is to be constructed, installed, or established. The public shall have thirty (30) days from the date of publication within which to submit comments in writing to the Authority concerning the application. The scope of such comment shall be limited to the emission control system and impact on the ambient-air standard.))

NEW 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; or

table 7.1: significant emissions increase

(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.

AMENDATORY SECTION

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 ((of Construction)) 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.

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.

AMENDATORY 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).

(((a))) (b) Filing Fees. The Authority shall not commence processing of a ((Notice of Construction and Application for Approval)) NOC until it has received a filing fee of (($50.00,))$100.00. ((Plan Examination and Inspection fees as shown in Table 7.1. One Filing fee, and the Plan Examination and Inspection fees, shall be paid for identical units, except when a separate examination, and/or inspection is required for each identical unit.))

(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. 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 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 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 and Table 7.3 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.

NEW TABLE

table 7.2: plan examination and inspection fees

table 7.3: fee eligible items

(((b)

TABLE 7.1

PLAN EXAMINATION AND INSPECTION FEE

(1) Fuel Burning Equipment:

Million BTU per Hour	Fee
Heat Input (Capacity)	Installation	Fuel Change
less than 5	$ 50	$ 25
5 or more but less than 10	$ 100	$ 50
10 or more but less than 20	$ 250	$ 100
20 or more but less than 50	$ 500	$ 200
50 or more but less than 100	$ 1,000	$ 300
100 or more but less than 250	$ 2,500	$ 400
250 or more but less than 500	$ 4,000	$ 600

(2) Actual Cubic Feet per Minute (ACFM) from control equipment or from uncontrolled process equipment: