Date of Adoption: May 4, 2000.

Purpose: To amend the existing fee regulation to clarify the definition on like-kind emission units and to establish a compliance investigation fee of $300 per emission unit or group of like-kind emission units.

Citation of Existing Rules Affected by this Order: Amending SCAPCA Regulation I, Article X, 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.

Statutory Authority for Adoption: Chapter 70.94 RCW.

Adopted under notice filed as WSR 00-07-025 on May 4 [March 3], 2000.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: Thirty-one days after filing.

May 4, 2000

Charles E. Studer

Environmental Engineer

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 each project 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 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 fee, according to the following:

(1) Equipment fee. 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

(b) Refuse Burning Equipment Including Air Pollution Control Equipment:

Capacity (ton/day)					Fee
0	<	12			$1,000
12	<	250			$1,500
250	<	UP			$2,500

(c) Process Equipment and/or Air Pollution Control Equipment or Uncontrolled Process Equipment:

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

(d) Gasoline dispensing facilities:

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

(e) For sources not included in the above categories, an hourly fee of $50.00 per hour of time expended in plan review.

(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 1.07.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. 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 same set of emission calculations can be used to characterize emissions from each of the emissions 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. Sources for which application is made for a change in conditions pursuant to Section 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.

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.)) $300 per emission unit, or group of like-kind emission units, being installed or modified. A group of emission units shall be considered as like-kind if the same set of emission calculations can be used to characterize emissions from each of the emissions units.

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