WSR 03-12-047

PERMANENT RULES

PUGET SOUND

CLEAN AIR AGENCY

[ Filed May 30, 2003, 12:24 p.m. , effective July 1, 2003 ]

Date of Adoption: May 22, 2003.

Purpose: To adjust the registration fees to cover program costs.

Citation of Existing Rules Affected by this Order: Amending Regulation I, Sections 5.05 and 5.07.

Statutory Authority for Adoption: Chapter 70.94 RCW.

Adopted under notice filed as WSR 03-08-096 on April 2, 2003.

Changes Other than Editing from Proposed to Adopted Version: In Section 5.07(c), added zeros to the end of the 5-digit NAICS codes, to make all codes 6 digits.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 1, 2003.

May 28, 2003

James Nolan

Director - Compliance

AMENDATORY SECTION


REGULATION I SECTION 5.05 GENERAL REPORTING REQUIREMENTS FOR REGISTRATION


(a) General. The owner or operator of an air contaminant source for which registration is required by Section 5.03, shall make reports containing information as required by the Agency concerning location, size, and height of contaminant outlets, processes employed, nature and quantity of the air contaminant emission, and such other information as is relevant to air pollution and available or reasonably capable of being assembled.

(b) Registration Form. Registration information shall be provided on forms supplied by the Agency and shall be completed and returned within the time specified on the form.

(c) Reporting Responsibility. The owner, operator, or a designated representative shall sign Agency registration and reporting forms for each source. The owner or operator of the source shall be responsible for notifying the Agency of the existence of the source, and for the accuracy, completeness, and timely submittal of registration reporting information and any accompanying fee.

(d) Emission Reporting. An emission report shall be required from the owner or operator of a source requiring registration, listing those air contaminants emitted during the previous calendar year that equal or exceed the following (tons/year):


carbon monoxide (CO) emissions . . . . . . . . . . . . 25.0
facility combined total of all hazardous air pollutant (HAP)

((toxic air contaminant (TAC))) emissions . . . . . . . . . . . .

6.0

any single hazardous air pollutant (HAP)

((toxic ari contaminant (TAC))) emission((s)) . . . . . . . . . . . .

2.0

nitrogen oxide (NOx) emissions . . . . . . . . . . . . 25.0
particulate matter (PM10) emissions . . . . . . . . . . . . 25.0
particulate matter (PM2.5) emissions . . . . . . . . . . . . 25.0
sulfur oxide (SOx) emissions . . . . . . . . . . . . 25.0
volatile organic compounds (VOC) emissions . . . . . . . . . . . . 25.0

Annual emission rates shall be reported to the nearest whole tons per year for only those air contaminants that equal or exceed the thresholds above.

(e) Operation and Maintenance Plan. Owners or operators of air contaminant sources subject to Section 5.03 above shall develop and implement an operation and maintenance plan to assure continuous compliance with Regulations I, II, and III. A copy of the plan shall be filed with the Control Officer upon request. The plan shall reflect good industrial practice and shall include, but not be limited to, the following:

(1) Periodic inspection of all equipment and control equipment;

(2) Monitoring and recording of equipment and control equipment performance;

(3) Prompt repair of any defective equipment or control equipment;

(4) Procedures for start up, shut down, and normal operation;

(5) The control measures to be employed to assure compliance with Section 9.15 of Regulation I; and

(6) A record of all actions required by the plan.

The plan shall be reviewed by the source owner or operator at least annually and updated to reflect any changes in good industrial practice.

(f) Removal from Registration Program. ((Report of Closure.)) Continued payment of the annual registration fee to the Agency maintains the registration of the source with the Agency, as well as the status of the source as an operating facility. The Agency shall remove a source from the registration program if a registration fee has not been paid within 90 days of the date of the original fee invoice, or upon ((A source shall only be removed from the registration program after a)) written request ((has been received)) from the owner or operator of the source. It shall be unlawful for any person to operate a source that has been removed from the registration program, unless the owner or operator has submitted and received an approval for a "Notice of Construction and Application for Approval", in compliance with Article 6.

(g) Report of Change of Ownership and Fee.

(1) A new owner of a registered source shall report in writing any change of ownership to the Agency within ((90)) 45 days of such a change, and

(2) Pay a fee of $100.

AMENDATORY SECTION


REGULATION I SECTION 5.07 ANNUAL REGISTRATION FEES


(a) The Agency shall ((levy)) assess 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)) 45 days of the date of the invoice. They shall be deemed delinquent if not fully paid within ((90)) 45 days of the date of the invoice and ((will)) shall be subject to an additional delinquent fee equal to 25% of the original fee, not to exceed $1,000. In accordance with Section 5.05(f), sources that have not paid their fee within 90 days of the date of the invoice shall be removed from the registration program.

(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 that paragraph shall be charged an annual registration fee of (($1,750)) $1,802.50 plus an additional emission rate fee of:

(($22)) $23 for each ton of CO reported in the previous calendar year, and

(($44)) $46 for each ton of NOx reported in the previous calendar year, and

(($44)) $46 for each ton of PM10 reported in the previous calendar year, and

(($44)) $46 for each ton of SOx reported in the previous calendar year, and

(($44)) $46 for each ton of VOC reported in the previous calendar year, and

(($44)) $46 for each ton of HAP 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 that paragraph shall be charged the annual registration fee of (($3,500)) $3,605 plus an additional emission rate fee of:

(($22)) $23 for each ton of CO reported in the previous calendar year, and

(($44)) $46 for each ton of NOx reported in the previous calendar year, and

(($44)) $46 for each ton of PM10 reported in the previous calendar year, and

(($44)) $46 for each ton of SOx reported in the previous calendar year, and

(($44)) $46 for each ton of VOC reported in the previous calendar year, and

(($44)) $46 for each ton of HAP reported in the previous calendar year.


(3) Automobile body repair and painting (((SIC = 7532,)) NAICS = 811121) . . . . . . . . . . . . $309

facilities that qualified for the EnviroStar rebate in 2002 . . . . . . . . . . . . $51.50

((without EnviroStar rating of 3, 4, or 5 stars . . . . . . . . . . . . ))$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)) $515

unvented . . . . . . . . . . . . (($50)) $51.50


(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 gallons . . . . . . . . . . . . subject to Section 5.07 (c)(1) above

(ii) 3,600,001 to 6,000,000 gallons . . . . . . . . . . . . (($1,000)) $1,030

(iii) 1,200,001 to 3,600,000 gallons . . . . . . . . . . . . (($600)) $618

(iv) 840,001 to 1,200,000 gallons . . . . . . . . . . . . (($300)) $309

(v) 200,000 to 840,000 gallons . . . . . . . . . . . . (($200)) $206

(vi) less than 200,000 gallons . . . . . . . . . . . . (($100)) $103


(6) Except as provided in Section 5.07 (c)(8), s((S))ources 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 (($1,600)) $1,648:


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
221320 ((4952)) Sewage Treatment Facilities
234110 ((1611)) Highway and Street Construction
311111 ((2047)) Dog and Cat Food Manufacturing
311119 ((2048)) Other Animal Food Manufacturing
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
325910 ((2893)) Printing Ink Manufacturing
326199 ((3089)) All Other Plastics Product Manufacturing
326291 ((3061)) Rubber Product Manufacturing for Mechanical Use
327211 ((3211)) Flat Glass Manufacturing
327310 ((3241)) Cement Manufacturing
327320 ((3273)) Ready-Mix Concrete Manufacturing
327390 ((3272)) Other Concrete Product Manufacturing
327420 ((3275)) Gypsum Product Manufacturing
327910 ((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
422510 ((5153)) Grain and Field Bean Wholesalers
422710 ((5171)) Petroleum Bulk Stations and Terminals
422720 ((5172)) Petroleum and Petroleum Products Wholesalers (except Bulk Stations and Terminals)
481111 ((4512)) Scheduled Passenger Air Transportation
486910 ((4613)) Pipeline Transportation of Refined Petroleum Products
488190 ((4581)) Other Support Activities for Air Transportation
488210 ((4013)) Support Activities for Rail Transportation
488490 ((4173)) Other Support Activities for Road Transportation
562111 ((4953)) Solid Waste Collection
622110 ((8062)) General Medical and Surgical Hospitals
622210 ((8063)) Psychiatric and Substance Abuse Hospitals
622310 ((8069)) Specialty (except Psychiatric and Substance Abuse) Hospitals
812210 ((7261)) Funeral Homes and Funeral Services
812220 ((7261)) Cemeteries and Crematories
813910 ((8611)) Business Associations
922140 ((9223)) Correctional Institutions

(7) ((All)) Except as provided in Section 5.07 (c)(8), 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)) $824.

(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)) $412.

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