WSR 01-10-113

PROPOSED RULES

PUGET SOUND

CLEAN AIR AGENCY

[ Filed May 2, 2001, 9:43 a.m. ]

Original Notice.

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

Title of Rule: Amend Regulation I, Sections 3.02, 5.07, and 7.07.

Purpose: To delete the reference to the board meeting time; and to increase fees for the Registration and Operating Permit programs.

Other Identifying Information: Section 3.02 pertains to Meetings of the Board of Directors; Section 5.07 pertains to Registration Fees; and Section 7.07 pertains to Operating Permit Fees.

Statutory Authority for Adoption: Chapter 70.94 RCW.

Statute Being Implemented: RCW 70.94.141.

Summary: This proposal will remove the reference to the start time of the monthly meeting held by the agency's board of directors; and increase the Registration and Operating Permit fees.

Reasons Supporting Proposal: For flexibility in the future, the agency would be able to change the start time of the monthly board meetings without the necessary of a rule change. The Registration and Operating Permit fees need to be increased to cover the cost of these two programs.

Name of Agency Personnel Responsible for Drafting: Jim Nolan, 110 Union Street, #500, Seattle, WA 98101, (206) 689-4053; Implementation: Dave Kircher, 110 Union Street, #500, Seattle, WA 98101, (206) 689-4050; and Enforcement: Neal Shulman, 110 Union Street, #500, Seattle, WA 98101, (206) 689-4078.

Name of Proponent: Puget Sound Clean Air Agency, governmental.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The state implementation plan will be updated to reflect these amendments.

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

Explanation of Rule, its Purpose, and Anticipated Effects: This proposal would allow the agency to change the start time of the monthly board meetings without the necessity of a rule change; and it will adjust the Registration and Operating Permit fees to cover program costs.

Proposal Changes the Following Existing Rules: The reference to the start time of the monthly board of directors meeting would be removed; the fees for the Registration and Operating Permit programs will increase.

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: PSCAA Offices, 110 Union Street, #500, Seattle, WA 98101, on June 14, 2001, at 1:00 p.m.

Assistance for Persons with Disabilities: Contact Agency Receptionist, (206) 689-4010, by June 7, 2001, TDD (800) 833-6388, or (800) 833-6385 (Braille).

Submit Written Comments to: Dennis McLerran, PSCAA, 110 Union Street, #500, Seattle, WA 98101, fax (206) 343-7522, by June 4, 2001.

Date of Intended Adoption: June 14, 2001.

April 30, 2001

James Nolan

Director - Compliance

AMENDATORY SECTION


REGULATION I SECTION 3.02 MEETINGS OF THE BOARD OF DIRECTORS


     (a) Regular Meetings. The Agency Board of Directors shall meet at least ten (10) times per year. All Board of Director meetings are open to the public. Regular meetings of the Board shall be held on the second Thursday of each month ((at 9:00 a.m.)) at the Agency's offices. The Agency's offices are located at 110 Union Street, Suite 500, Seattle, WA 98101-2038. The Agency may be reached by telephone at (206) 343-8800 or 1-800-552-3565, or by facsimile at (206) 343-7522.

     Notice of the meetings shall be published in the State Register, as well as in the local newspapers of general circulation of the largest city within each member county. The notices shall state the time, date, and place of each meeting. Notice shall be provided at least ten (10) days prior to each meeting. The agenda for any meeting may be obtained by contacting the Agency directly.

     During any meeting, the Board may retire to Executive Session, at which time all members of the public shall be excluded from the meeting.

     Written communications to the Board or individual Board members may be made by contacting the Agency at the above address and facsimile number.

     (b) Special Meetings. The Chair or majority of the members of the Board may call a special meeting at any time. Notice of such meetings shall be provided as required by the Open Public Meetings Act, chapter 42.30 RCW.

     (c) Public Records. All minutes and records of all regular and special Board meetings, including written communications provided to the Board, shall be available for public inspection and copying as provided in the Public Disclosure Law, chapter 42.17 RCW. Any person wishing to review or copy such records should contact the Agency's records administrator.

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.

     (c) Annual registration fees are assessed either by the emission reporting thresholds or, if below emission thresholds, by the primary Standard Industrial Classification (SIC) of the source:

     (1) Emission reporting sources under Section 5.05(d) that equal or exceed any of the emission thresholds in this paragraph shall be charged an annual registration fee of (($1,000)) $1,200 plus an additional emission rate fee of:

     (($15)) $20 for each ton of CO when the CO emissions are equal to or exceed 100 tons in the previous calendar year, and

     (($35)) $40 for each ton of NOx when the NOx emissions are equal to or exceed 25 tons in the previous calendar year, and

     (($35)) $40 for each ton of PM10 when the PM10 emissions are equal to or exceed 25 tons in the previous calendar year, and

     (($35)) $40 for each ton of SOx when the SOx emissions are equal to or exceed 25 tons in the previous calendar year, and

     (($35)) $40 for each ton of VOC when the VOC emissions are equal to or exceed 25 tons in the previous calendar year, and

     (($35)) $40 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 in the previous calendar year.

     (2) Emission reporting sources under Section 5.05(d) that equal or exceed any of the emission thresholds in this paragraph shall be charged the annual registration fee of (($2,000)) $2,500 plus an additional emission rate fee of:

     (($15)) $20 for each ton of CO when the CO emissions are equal to or exceed 200 tons in the previous calendar year, and

     (($35)) $40 for each ton of NOx when the NOx emissions are equal to or exceed 50 tons in the previous calendar year, and

     (($35)) $40 for each ton of PM10 when the PM10 emissions are equal to or exceed 50 tons in the previous calendar year, and

     (($35)) $40 for each ton of SOx when the SOx emissions are equal to or exceed 50 tons in the previous calendar year, and

     (($35)) $40 for each ton of VOC when the VOC emissions are equal to or exceed 50 tons in the previous calendar year, and

     (($35)) $40 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 4 tons in the previous calendar year.

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

     without EnviroStar rating of 4 or 5 stars . . . . . . . . . . . . $250

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

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

     ((without refrigerated condenser)) vented . . . . . . . . . . . . $500

     ((with refrigerated condenser)) unvented . . . . . . . . . . . . (($150)) $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 1,200,000 gallons . . . . . . . . . . . . $400

     (ii) 840,001 to 1,200,000 gallons in Kitsap County . . . . . . . . . . . . $250

     (iii) 600,001 to 1,200,000 gallons in King, Pierce, or Snohomish County . . . . . . . . . . . . $250

     (iv) 600,001 to 840,000 gallons in Kitsap County . . . . . . . . . . . . $150

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

     (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 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) shall be charged an annual registration fee of (($1,000)) $1,200:

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
311421 2035 Fruit and Vegetable Canning
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
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
334413 3674 Semiconductor and Related Device Manufacturing
334418 3679 Printed Circuit Assembly (Electronic Assembly) Manufacturing
335312 7694 Motor and Generator Manufacturing
336611 3731 Ship Building and Repairing
42251 5153 Grain and Field Bean Wholesalers
42269 5169 Other Chemical and Allied Products Wholesalers
48691 4613 Pipeline Transportation of Refined Petroleum Products
48821 4013 Support Activities for Rail Transportation
562111 4953 Solid Waste Collection
62221 8063 Psychiatric and Substance Abuse Hospitals
62231 8069 Specialty (except Psychiatric and Substance Abuse) Hospitals
81391 8611 Business Associations

     (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 (($500)) $600:


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 and Terminals)
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 (($250)) $300.

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.

     (1) 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:


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


     . . . . . . . . . . . . (($21,000)) $25,000

     (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

     . . . . . . . . . . . . (($3,500)) $5,000

     (iii) Operating permit sources with NAICS/SIC codes other than listed above . . . . . . . . . . . . (($7,000)) $10,000

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

     $15 for each ton of CO when the CO emissions are equal to or exceed 100 tons in the previous calendar year, and

     $35 for each ton of NOx when the NOx emissions are equal to or exceed 25 tons in the previous calendar year, and

     $35 for each ton of PM10 when the PM10 emissions are equal to or exceed 25 tons in the previous calendar year, and

     $35 for each ton of SOx when the SOx emissions are equal to or exceed 25 tons in the previous calendar year, and

     $35 for each ton of VOC when the VOC emissions are equal to or exceed 25 tons in the previous calendar year, and

     $35 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 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) $500 for administrative permit amendments, and

     (((1))) (2) for the issuance, ((reissuance)) modification, or renewal of an operating permit, a fee equal to 20% of the annual operating permit fee, not to exceed (($5,000.00)) $10,000, and

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

     (((3))) (4) 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 WAC 173-401 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.

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