Date of Adoption: May 22, 2003.

     Purpose: To adjust the operating permit fees to cover program costs.

     Citation of Existing Rules Affected by this Order: Amending Regulation I, Section 7.07.

     Statutory Authority for Adoption: Chapter 70.94 RCW.

      Adopted under notice filed as WSR 03-08-097 on April 2, 2003.

     Changes Other than Editing from Proposed to Adopted Version: In Regulation I, Section:

     7.07 (b)(1)(i) and (ii), added zeros to the end of the 5-digit NAICS codes, to make all codes 6 digits, and put NAICS categories in numerical order.

     7.07 (b)(1)(i), returned "Aircraft Manufacturing" and "Other Aircraft Parts..." to their original category, so the fees for these two categories remain at $30,000 rather than increase to $50,000.

     7.07 (b)(1)(ii), deleted the NAICS description for "Millwork" and added the NAICS description for "Cut Stock, Resawing Lumber, and Planing."

     7.07(c), deleted paragraph (6).

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

REGULATION I SECTION 7.07 OPERATING PERMIT FEES

     (a) The Agency shall ((levy)) assess 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 annual operating permit fees are due and payable within ((30)) 45 days of the invoice date. They shall be deemed delinquent if not fully paid within 90 days of the date of the invoice and will be subject to an additional delinquent fee equal to 25% of the original fee, not to exceed $5,000.

     (1) Sources 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)), or sources subsequently determined by the control officer to be assigned to either Section 7.07 (b)(1)(i) or 7.07 (b)(1)(ii) shall be subject to the following facility fees:

     (i) Operating permit sources with the following NAICS((/SIC)) codes:

NAICS	((SIC))	NAICS Description	Fee
221112		Fossil Fuel Electric Power Generation
324110	((2911))	Petroleum Refineries
327310	((3241))	Cement Manufacturing
331111	((3312))	Iron and Steel Mills
336411	((3721))	Aircraft Manufacturing
336413	((3728))	Other Aircraft Parts and Auxiliary Equipment Manufacturing
928110	((9711))	National Security
. . . . . . . . . . . . $30,000

     (ii) Operating permit sources with the following NAICS((/SIC)) codes:

NAICS	((SIC))	NAICS Description	Fee
((23521	1721	Painting and Wall Covering Contractors))
311119		Other Animal Food Manufacturing
311812	((2051))	Commercial Bakeries
((321114	2491	Wood Preservation))
321113		Sawmills
321911		Wood Window and Door Manufacturing
321912	((2431))	((Millwork)) Cut Stock, Resawing Lumber, and Planing
321918		Other Millwork (including Flooring)
321999	((2499))	All Other Miscellaneous Wood Product Manufacturing
322222	((2672))	Coated and Laminated Paper Manufacturing
326140	((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))
. . . . . . . . . . . . $7,500

     (iii) Operating permit sources with NAICS((/SIC)) codes other than listed above . . . . . . . . . . . . $15,000

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

     (($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.

     (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)) assess the following fees:

     (1) $250 for administrative permit amendments [WAC 173-401-720], and

     (2) for minor permit modifications [WAC 173-401-725 (2) and (3)], a fee equal to 10% of the annual operating permit fee, not to exceed $5,000, and

     (3) for the original issuance [WAC 173-401-700], significant modification [WAC 173-401-725(4)], reopening for cause [WAC 173-401-730], or renewal [WAC 173-401-710] of an operating permit, a fee equal to 20% of the annual operating permit fee, not to exceed $10,000, and

     (4) to cover the costs of public involvement under WAC 173-401-800, and

     (5) to cover the costs 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 Chapter 173-401 WAC 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.

     Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

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