PROPOSED RULES
POLLUTION CONTROL AUTHORITY
Original Notice.
Exempt from preproposal statement of inquiry under RCW 70.94.141(1).
Title of Rule: SCAPCA Regulation I, Article X - Fees and Charges and SCAPCA Regulation I, Article V - Notice of Construction.
Purpose: To amend fees.
Statutory Authority for Adoption: Chapter 70.94 RCW.
Statute Being Implemented: RCW 70.94.141, 70.94.152, 70.94.162.
Summary: Spokane County Air Pollution Control Authority (SCAPCA) is proposing to amend its fee regulation. Air operating permit fees are being raised to match program costs as required under the Federal Clean Air Act. Notice of Construction fees are being increased so that a higher portion of program costs are covered by fees, and new fees are being added for various types of miscellaneous reviews that are done by SCAPCA.
Reasons Supporting Proposal: Air operating permit fees must be raised to meet the requirement of the Federal Clean Air Act that the program be fully funded by fees. Other fees are being raised or implemented to, at least partially, cover program costs.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Kelle R. Vigeland, 1101 West College #403, Spokane, WA 99206, (509) 477-4727 ext. 106.
Name of Proponent: Spokane County Air Pollution Control Authority, governmental.
Rule is necessary because of federal law, 42 U.S.C.; Title V, Section 5.02.
Explanation of Rule, its Purpose, and Anticipated Effects: SCAPCA Regulation I, Article X, Fees and Charges, establishes fees that are paid to the authority for various reviews, permits, etc.... The fees are being adjusted to more fully recover program costs. In the case of the Title V air operating permit program fees, the fees are being adjusted to fully recover program costs. The fees for Notice of Construction approvals are being adjusted to increase the portion of the program that is funded through fees. The miscellaneous review fees are set at a level that should achieve full cost recovery for these reviews. In addition, the copying fee is being adjusted to match that allowed under state law.
Proposal Changes the Following Existing Rules: The proposal amends SCAPCA Regulation I, Article X. A minor change to SCAPCA Regulation I, Article V is also required for consistency.
No small business economic impact statement has been prepared under chapter 19.85 RCW. SCAPCA 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: Hearing Room Lower Level, Spokane County Public Works, 1026 West Broadway, Spokane, WA, on September 2, 1999, at 8:30 a.m.
Submit Written Comments to: Kelle R. Vigeland, SCAPCA, 1101 West College #403, Spokane, WA 99206, fax (509) 477-6828, by September 1, 1999.
Date of Intended Adoption: September 2, 1999.
July 15, 1999
Kelle R. Vigeland
Environmental Engineer
AMENDATORY SECTION (Amending WSR 93-19-043, filed September 8, 1993)
SCAPCA REGULATION I, SECTION 10.05 GENERAL ADMINISTRATIVE FEES
A. A fee of (($.25)) $.15 per page for photocopies shall be charged ((for ten or fewer
copies)).
((B. A fee of $.20 per page for photocopies shall be charged for more than ten copies.))
((C)) B. The actual cost of postage shall be charged for all material requested to be
mailed.
((D)) C. For other administrative services requested and performed by Authority staff,
which are not provided to the public generally, the Control Officer shall determine such charge
as reasonably reimburses the Authority for time and materials expended in providing the service.
AMENDATORY SECTION (Amending WSR 97-09-016, filed April 7, 1997)
SCAPCA REGULATION I, SECTION 10.06 REGISTRATION AND OPERATING
PERMIT FEES FOR AIR CONTAMINANT SOURCES
A. ((All)) Each source((s)) required by Article IV, Section 4.01 to be registered, ((all))
each air operating permit source((s)), and ((all)) each source((s)) required by Article V, Section
5.02 to obtain an approved Notice of Construction and Application for Approval ((shall pay)) is
subject to an annual fee for each year, or portion of each year, during which it operates. The
owner or operator shall pay the fee, pursuant to the requirements in Section 10.02. Fees received
pursuant to the registration program or the operating permit program shall not exceed the actual
costs of program administration.
B. The annual fee for each source shall be determined as follows:
(1) For sources that are not subject to Section 10.06.B.(3), (4), or (5) of this regulation and which emit less than 5 tons per year of criteria and toxic air pollutants:
(a) a flat fee of $160; and
(b) a $30 fee for each stack and other emission point, not to exceed $600; and
(c) an emission fee of $20 per ton of each criteria and toxic air pollutant; and
(d) an additional fee of $150 for each source which operated at least one incinerator or burn out oven during the registration period; and
(e) an additional fee of $100 if the source is required by the Authority to submit an annual emissions inventory to the Washington Emission Data System (WEDS).
(2) For sources that are not subject to Section 10.06.B.(3), (4), or (5) of this regulation and which emit 5 tons or more per year of criteria and toxic air pollutants, but less than 100 tons per year of any one criteria pollutant:
(a) a flat fee of $215; and
(b) a $30 fee for each stack and other emission point, not to exceed $600; and
(c) an emission fee of $20 per ton of each criteria and toxic air pollutant; and
(d) an additional fee of $150 for each source which operated at least one incinerator or burn out oven during the registration period; and
(e) an additional fee of $100 if the source is required by the Authority to submit an annual emissions inventory to the Washington Emission Data System (WEDS).
(3) For air operating permit sources, a share of the assessment by the Department of
Ecology, pursuant to RCW 70.94.162(3), determined ((pursuant)) according to Section 10.06.D
of this regulation, plus:
(a) for bulk gasoline loading terminals, Standard Industrial Classification 5171, a fee of $11,500;
(b) for secondary aluminum facilities, Standard Industrial Classification 3341, a fee of $21,100;
(c) for municipal solid waste incineration facilities, Standard Industrial Classification 4953, a fee of $20,400;
(d) for military bases, Standard Industrial Classification 9711, a fee of $17,850; or
(e) for sources not listed in (a), (b), (c), or (d) above
i. which have total annual actual emissions of less than 50 tons, a fee of (($1,350)) $3000;
ii. which have total annual actual emissions of greater than or equal to 50 tons but less
than 100 tons, a fee of (($2,025)) $4000; or
iii. which have total actual annual emissions of 100 tons or greater, a fee of (($3,650))
$5000.
(4) For affected units under Section 404 of the Federal Clean Air Act (42 USC 7401 et seq):
(a) a fee of $50 per hour of time expended in carrying out the fee eligible activities specified in RCW 70.94.; and
(b) a share of the assessment by the Department of Ecology, pursuant to RCW 70.94.162(3), determined pursuant to Section 10.06.D of this regulation.
(5) For gasoline dispensing facilities which are not subject to Section 10.06.B.(3) of this regulation, a flat fee of $165.
C. The Board of Directors shall annually review the fee schedule for air operating permit sources and projected costs to implement the requirements of RCW 70.94.161 and determine if the total projected fee revenue to be collected pursuant to this Section is sufficient to recover program costs. Such review shall include opportunity for public review and comment on the projected costs and any changes to the operating permit fee schedule. Accordingly, the Authority shall account for program costs, including employee costs and overhead. If the Board of Directors determines that the total projected fee revenue is either significantly excessive or deficient for this purpose, then the Board of Directors shall amend the fee schedule to more accurately recover program costs.
D. Individual shares of the assessment pursuant to RCW 70.94.162(3) shall be determined by the following formula:
I= FI x AE
FT
Where,
I is the individual share of the assessment, and
FI is the individual fee assessed pursuant to Section 10.06.B.(3) or (4) of this regulation, and
AE is the total assessment pursuant to RCW 70.94.162(3), and
FT is the sum of all the individual fees assessed pursuant to Sections 10.06.B.(3) and (4) of this regulation.
AMENDATORY SECTION (Amending WSR 97-09-016, filed April 7, 1997)
SCAPCA REGULATION I, SECTION 10.07 APPLICATION AND PERMIT FEES FOR
NOTICE OF CONSTRUCTION AND APPLICATION FOR APPROVAL AND FOR
NOTICE OF INTENT TO INSTALL AND OPERATE A TEMPORARY SOURCE
A. For ((all)) each project((s)) required by Article V to file a Notice of Construction and
Application for Approval (NOC) or a Notice of Intent to Install and Operate a Temporary
Source, the applicant shall pay a filing fee of $150 ((shall be paid)) at the time of filing the
application.
B. IN ADDITION to the filing fee provided in Section 10.07.A, the applicant shall pay a
((plan review)) fee, ((shall be paid)) according to the following:
(1) ((An)) ((e))Equipment fee. ((based on one of the following)) Sources for which an
application is made for more than one emission point under one Notice of Construction
application, as allowed in Section 5.02.C, the equipment fee, for each emission unit and/or air
pollution control system being installed or modified, shall be as follows:
(a) Fuel Burning Equipment With or Without Air Pollution Control Equipment:
| Design Input Size (MMbtu/hr) | Fee | |
| .4 < 5 | $200 | |
| 5 < 10 | $250 | |
| 10 < 20 | $300 | |
| 20 < 50 | $350 | |
| 50 < 100 | $400 | |
| 100 < 250 | $500 | |
| 250 < 500 | $650 | |
| 500 < UP | $850 | |
| Capacity (ton/day) | Fee | |
| 0 < 12 | $1,000 | |
| 12 < 250 | $1,500 | |
| 250 < UP | $2,500 | |
| Actual ft3/min | Fee | |
| 0 < 5,000 | $150 | |
| 5,000 < 20,000 | $250 | |
| 20,000 < 50,000 | $350 | |
| 50,000 < 100,000 | $450 | |
| 100,000 < 250,000 | $550 | |
| 250,000 < 500,000 | $650 | |
| 500,000 < UP | $800 | |
| Equipment Being Installed | Fee |
| Annual facility gasoline throughput of less than 1.5 million gallons | $150 |
| Annual facility gasoline throughput of 1.5 million gallons or greater | $250 |
(2) In addition, except for projects subject to an equipment fee, pursuant to Section 10.07.B (1)(e) above, for any new or modified source of air pollution to be constructed and anticipated to produce significant emissions, a significant emissions review fee of $250.
(3) In addition, except for projects subject to an equipment fee, pursuant to Section
10.07.B (1)(e) above, for any new or modified source of air pollution which requires review
pursuant to Chapter 173-460 WAC, a toxic air pollutant review fee ((of $100)). For sources with
more than one emission point under one Notice of Construction application, as allowed in
Section 5.02.C, a separate toxic air pollutant review fee applies to each emission unit, or each
group of like-kind emission units, being installed or modified. A group of emission units shall
be considered as like-kind if one set of emission calculations adequately represents emissions
from all the emission units. The toxic air pollutant review fee shall be as follows:
(a) For a new or modified source using WAC 173-460-080 (2)(e), Small Quantity Emission Rates, to demonstrate that ambient impacts are sufficiently low to protect human health and safety, as required WAC 173-460-070 & WAC 173-460, an additional charge of $100;
(b) For a new or modified source using dispersion screening models (e.g., EPA SCREEN or TSCREEN) under WAC 173-460-080 (2)(c) to demonstrate that ambient impacts are sufficiently low to protect human health and safety, as required WAC 173-460-070, an additional charge of $150;
(c) For a new or modified source using more refined dispersion models (e.g., EPA ISC3) under WAC 173-460-080 (2)(c) to demonstrate that ambient impacts are sufficiently low to protect human health and safety, as required WAC 173-460-070, an additional charge of $400; or
(d) For a new or modified source using a second tier analysis under WAC 173-460-090 or a risk management decision under WAC 173-460-100 to demonstrate that ambient impacts are sufficiently low to protect human health and safety, as required WAC 173-460-070, an additional charge of $1000.
(4) In addition, except for projects subject to an equipment fee, pursuant to Section 10.07.B (1)(e) above, for any new or modified source of air pollution, subject to a standard under WAC 173-400-115 (NSPS), an additional charge as follows:
(a) If subject to 40 CFR Part 60, Subpart Dc, Standards of Performance for Small Industrial-Commercial-Institutional Steam Generating Units, with only natural gas as a fuel, an additional charge of $50;
(b) If subject to 40 CFR Part 60, Subpart Dc, Standards of Performance for Small Industrial-Commercial-Institutional Steam Generating Units, using fuels other than solely natural gas, an additional charge of $100;
(c) If subject to 40 CFR Part 60, Subpart I, Standards of Performance for Hot Mix Asphalt Facilities, an additional charge of $100;
(d) If a volatile organic liquid storage tank subject to 40 CFR § 60.110b (b) or (c), no additional charge;
(e) If subject to 40 CFR Part 60, Subpart OOO, Standards of Performance for Nonmetallic Mineral Processing Plants, no additional charge; and
(f) If subject to a subpart of 40 CFR Part 60, other than those covered in (a) through (d) above, an additional charge of $250.
(5) In addition, except for projects subject to an equipment fee, pursuant to Section 10.07.B (1)(e) above, for any new or modified source of air pollution, subject to a standard under WAC 173-400-075 (NESHAP), an additional charge as follows:
(a) If subject to 40 CFR Part 63, Subpart M, National Perchloroethylene Air Emissions Standards for Dry Cleaning Facilities, and/or WAC 173-400-075(6), Emission Standards for Perchloroethylene Dry Cleaners, no additional charge;
(b) If subject to 40 CFR Part 63, Subpart N, National Emission Standards for Chromium Emissions From Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks, an additional charge of $100;
(c) If subject to 40 CFR Part 63, Subpart T, National Emission Standards for Halogenated Solvent Cleaning, an additional charge of $150; and
(d) If subject to a subpart of 40 CFR Part 63, other than those covered in (a) through (c) above, an additional charge of $250.
(6) In addition, for integrated review of a Notice of Construction and Application for Approval, as allowed under Section 5.02.G of this regulation, an additional charge of $250.
C. For sources applying for more than one emission point under one Notice of
Construction application, as allowed in Section 5.02.C, the applicant shall pay, according to
Sections 10.07.A and 10.07.B, one filing fee, plus one significant emissions review fee, if
applicable, plus one toxic air pollutant review fee, if applicable, plus an equipment fee for each
emission unit and/or air pollution control system being installed or modified.
((D)) C. ((For)) ((s))Sources ((seeking)) for which application is made for a change in
conditions ((of an order of approval)) pursuant to Section ((5.10.B.)) 5.10.C of this regulation,
the fee shall be one half the current fee for a Notice of Construction and Application for
Approval or a Notice of Intent to Install and Operate a Temporary Source for that type of source,
including the filing fee, according to Section 10.07.A, and the applicable fees, according to
Section 10.07.B, or $350, whichever is less.
((E)) D. Where a compliance investigation is conducted pursuant to Section 5.12 of this
regulation, the compliance investigation fee shall be equal to 2 times the applicable fees
according to Section 10.07.B.
Reviser's note: The typographical error in the above material occurred in the copy filed by the Spokane County Air Pollution Control Authority and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION (Amending WSR 95-15-021, filed July 10, 1995)
SCAPCA REGULATION I, SECTION 10.08 MISCELLANEOUS FEES
((A.)) A fee of $50 per hour of time expended in review shall be paid by the applicant for
each of the following:
(((1))) A. Emission reduction credit request pursuant to Chapter 173-400-131 WAC.
(((2))) B. Paving waiver request pursuant to Spokane County Zoning Code, Section
14.802.080 or City of Deer Park Code, Chapter 18.74.050.
(((3))) C. Alternate opacity limit request pursuant to RCW 70.94.331 (2)(c).
(((4))) D. Reasonably Available Control Technology (RACT) determination pursuant to
Chapter 173-400-040 WAC and/or RCW 70.94.161.
(((5))) E. Variance request pursuant to SCAPCA Regulation II; Article III or RCW 70.94.181. In addition, the applicant shall pay a filing fee of $125.
(((6))) F. Voluntary limits on emissions request pursuant to Chapter 173-400-091 WAC.
(((7))) G. ((Stack height exemption)) ((r))Requests pursuant to the following sections
((Section 6.13.I.7)) of this regulation.
(1) Section 6.13.E.3.j (use of alternate spray application method);
(2) Section 6.13.F.4 (large object enclosure exemption);
(3) Section 6.13.F.6 (stack exemption);
(4) Section 6.13.F.9 (use of lead or hexavalent chrome containing coatings);
(5) Section 6.13.F.10 (enclosure and/or particulate control exemption); and
(6) Section 6.13.F.11 (inside exhaust exemption).
AMENDATORY SECTION (Amending WSR 94-18-114, filed September 6, 1994)
SCAPCA REGULATION I, SECTION 5.10 CHANGES TO AN ORDER OF APPROVAL
OR PERMISSION TO OPERATE
A. The Authority may revoke or suspend the order of approval if the Control Officer
determines that the source is not constructed or operated as described in the Notice of
Construction and Application for Approval, including the plans, specifications, or other
information submitted therewith.
B. The Authority may revoke or suspend the permission to operate a temporary source if the Control Officer determines that the source is not installed or operated as described in the "Notice of Intent to Install and Operate a Temporary Source" including the plans, specifications, or other information submitted therewith.
((B)) C. The applicant may request, at any time, a change in conditions of an order of
approval or permission to operate a temporary source and the Control Officer may approve such
a request provided the Control Officer finds that:
1. The change in conditions will not cause the air contaminant source to exceed an emissions standard; and
2. No ambient air quality standard will be exceeded as a result of the change; and
3. The change will not adversely impact the ability of the Authority to determine compliance with an emissions standard.
((C)) D. A fee, as established in Section 10.07 of this regulation, shall be assessed to and
paid by the applicant for requests pursuant to Subsection ((5.10.B)) 5.10.C.