PERMANENT RULES
CLEAN AIR AGENCY
Date of Adoption: May 22, 2003.
Purpose: To adjust the general regulatory order and notice of construction fees to cover agency costs.
Citation of Existing Rules Affected by this Order: Amending Regulation I, Sections 3.03 and 6.04.
Statutory Authority for Adoption: Chapter 70.94 RCW.
Adopted under notice filed as WSR 03-08-094 on April 2, 2003.
Changes Other than Editing from Proposed to Adopted Version: In Regulation I, Section:
3.03(e), added "When a general regulatory order is requested by an applicant," to the beginning of the 1st sentence.
6.04(a) additional charges, added "An Agency request for an" to the beginning of the 7th paragraph, and deleted the 8th paragraph (Approval Actions Pursuant to PSD...).
6.04(e) 2nd line, added the word "significantly" before the word "revised" in "...when a subsequent revised application is submitted...".
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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Repealed 0;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Repealed 0;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Repealed 0.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 3.03 GENERAL REGULATORY ORDERS
(a) Purpose. The Board may, by regulatory order, apply
to a specific source or sources any applicable provision of
chapter 70.94 RCW or the rules adopted thereunder.
(b) Public Involvement Process. The Board may issue a regulatory order after the following public involvement process has been completed:
(1) Public notice of the proposed order shall be published in a newspaper of general circulation in the area where the source that is the subject of the order is located. Notice shall also be sent to the U.S. Environmental Protection Agency Regional Administrator. The public notice shall include, at a minimum, the following information:
(A) The name and address of the owner or operator and the source;
(B) A brief description of the purpose of the proposed order and the requirements included in the proposed order;
(C) The deadline for submitting written comments to the Agency; and
(D) The opportunity for a public hearing if the Agency determines that there is significant public interest in the proposed order.
(2) The initial public comment period shall be at least 30 days.
(3) During the initial 30-day public comment period, any person may request a public hearing be held. Any such request shall be submitted in writing to the Agency, shall indicate the interest of the entity filing it, and describe why a hearing is warranted. The Agency may, at its discretion, hold a public hearing if it determines significant public interest exists. Any such hearing shall be held before a hearing officer and upon such notice and at a time and place as the Agency deems reasonable. The hearing officer shall hear testimony at the public hearing and prepare a written summary of the testimony received at the hearing. The Agency shall provide at least 30 days prior notice of any hearing. If a public hearing is held, the public comment period shall extend through the hearing date.
(c) Board Action. The Board shall only issue an order under this section after:
(1) The public comment period has ended;
(2) Any public hearing scheduled has been held; and
(3) The Board has considered all information and data related to the proposed order received by the Agency, including all written comments received and any summary of testimony prepared by the hearing officer.
The Board shall take action on a proposed order at a Board meeting. Unless otherwise ordered by the Board, an order issued under this section shall be effective on the date the Board approves the order.
(d) Appeals. Orders issued by the Board under this section may be appealed to the Pollution Control Hearings Board pursuant to Section 3.17 of Regulation I and RCW 43.21B.310.
(e) Fees. When a general regulatory order is requested
by an applicant, the ((The)) Agency shall assess a fee of
(($1,000.00)) $4,000 to cover the costs of processing and
issuing a general regulatory order under this section. The
Agency shall also assess a fee equal to the cost of providing
public notice in accordance with Section 3.03(b) of this
regulation. These fees shall be due and payable within 30
days of the date of the invoice and shall be deemed delinquent
if not fully paid within 90 days of the invoice.
AMENDATORY SECTION
REGULATION I SECTION 6.04 NOTICE OF CONSTRUCTION FEES
(a) A Notice of Construction application is incomplete
until the Agency has received fees as shown below:
| Filing Fee (for each application, to be paid prior to any review) . . . . . . . . . . . . | $750 |
|
| Spray-Coating Booth (commercially manufactured) . . . . . . . . . . . . | $250 | |
| Coffee Roaster (less than 40 pounds/batch, with thermal oxidizer) . . . . . . . . . . . . | $500 |
|
| Hot Mix Asphalt Batch Plant . . . . . . . . . . . . | $7,000 | |
| Soil Thermal Desorption Unit . . . . . . . . . . . . | $5,000 | |
| Electric Generation Project: (combined heat input capacity) | ||
| 10 - 100 million Btu/hr (2.9 - 29 MW) . . . . . . . . . . . . | $5,000 | |
| 101 - 250 million Btu/hr (29 - 73 MW) . . . . . . . . . . . . | $10,000 | |
| > 250 million Btu/hr (> 73 MW) . . . . . . . . . . . . | (( |
|
| Composting Facility . . . . . . . . . . . . | (( |
|
| Commercial Solid Waste Handling Facility . . . . . . . . . . . . | (( |
|
| Landfill Gas System . . . . . . . . . . . . | $2,500 | |
| Refuse Burning Equipment: (rated charging capacity) | ||
| ≤ 12 tons per day . . . . . . . . . . . . | $5,000 | |
| > 12 tons and ≤ 250 tons per day . . . . . . . . . . . . | $20,000 | |
| > 250 tons per day . . . . . . . . . . . . | $50,000 | |
| Other (not listed above) for each Piece of Equipment and Control Equipment . . . . . . . . . . . . | $500 |
|
| Additional Charges (for each application): | ||
| SEPA Threshold Determination . . . . . . . . . . . . | $500 | |
| (DNS, under Regulation I, Section 2.04) | ||
| SEPA Threshold Determination . . . . . . . . . . . . | $1,500 | |
| (MDNS, under Regulation I, Section 2.07) | ||
| Public Notice . . . . . . . . . . . . | $500 | |
| (under Regulation I, Section 6.06) | (+publication costs) | |
| NSPS or NESHAP . . . . . . . . . . . . | $1,000 | |
| (per subpart of 40 CFR Parts 60, 61, and 63) | ||
| Refined Dispersion Modeling Analysis . . . . . . . . . . . . | $500 | |
| (under Regulation III, Section 2.07 (c)(2)) | ||
| Major Source, Major Modification, or Emission Increases Greater than Prevention of Significant Deterioration (PSD) Thresholds . . . . . . . . . . . . | $5,000 |
|
| (under WAC 173-400-112 or WAC 173-400-113) | (+ Ecology fees) | |
| An Agency request for an Inapplicability Determination for PSD Program Requiring Written Applicability Determination from Ecology . . . . . . . . . . . . | $5,000 | |
| Construction or Reconstruction of a Major Source of Hazardous Air Pollutants (see Regulation I, Section 1.07) . . . . . . . . . . . . | $2,500 |
|
| Tier II Air Toxics Review . . . . . . . . . . . . | $5,000 | |
| (under WAC 173-460-090) | (+ Ecology fees) | |
| Opacity/Grain Loading Correlation . . . . . . . . . . . . | $5,000 | |
(c) The Control Officer is authorized to enter into a
written cost-reimbursement agreement with an applicant ((for
review of complex projects, which require an environmental
impact statement,)) as provided in RCW 70.94.085.
(d) Additional Fee for Service - Second Incomplete Application
Upon receipt of a second incomplete Notice of Construction application from the same applicant for the same project, the Control Officer may cease review of the application and provide written notification of that determination. The Control Officer may resume review of the application if, within 30 days of the date of the notification describing the Agency's receipt of the second incomplete Notice of Construction application, the applicant has deposited $1,000 with the Agency, and executed a fee-for-service agreement with the Agency that allows the Agency to recover the reasonable direct and indirect costs that arise from processing the Notice of Construction application, including the requirements of other relevant laws such as the Washington State Environmental Policy Act (SEPA).
The agreement shall require that the applicant assume full responsibility for paying the Agency for the costs incurred under the fee-for-service agreement. The Agency shall credit the $1,000 deposit made by the applicant towards the costs required by a fee-for-service agreement. The fee-for-service agreement may require the applicant to make progress payments during the application review period. The $1,000 deposit referred to in this section and the costs provided for in a fee-for-service agreement are in addition to the fees required in Section 6.04(a).
If the applicant has not made a $1,000 deposit and executed such a fee-for-service agreement within 30 days of the date of the notification from the Agency describing its receipt of a second incomplete application, the Agency may issue an Intent to Disapprove an Application.
The $1,000 deposit required under this section is not refundable. In addition, any payments made to the Agency under a fee-for-service agreement are not refundable.
(e) Additional Fee - Revised Application
The Control Officer may assess an additional fee for processing a Notice of Construction application when a subsequent significantly revised application is submitted after the original application was determined to be complete and prior to the Agency issuing an Order of Approval or Intent to Disapprove an Application regarding the original application. The revision fee shall be the amount of the fee that was charged for the original Notice of Construction application, including the filing fee. The resulting total fee is the fee for the original Notice of Construction application plus the revision fee.