Purpose: Amend existing Regulation I and repeal the existing Regulation II. Delete sections that no longer apply. Delete sections that are duplicative within the Regulation or within state regulations. Incorporate EPA required changes to Articles I, II, IV, and V of Regulation I. Centralize, revise and add to definitions in Article I. Correct spelling, punctuation, sentence structure, and references to other sections. Add new fees (Article X). Revise paragraph formats for consistency. Post CR-102 nonsubstantive revisions: Article II, Section 2.13E - The effective date for references to federal laws and regulations has been changed to adoption date of the regulations revisions at the recommendation of EPA. Each article's revised date has been changed to reflect the adoption date of March 4, 2004.

     Citation of Existing Rules Affected by this Order: Repealing SCAPCA Regulation II; and amending SCAPCA Regulation I.

     Statutory Authority for Adoption: Chapter 70.94 RCW.

      Adopted under notice filed as WSR 04-01-160 on December 22, 2003.

     Changes Other than Editing from Proposed to Adopted Version: Post CR-102 nonsubstantive revisions: Article II, Section 2.13E - The effective date for references to federal laws and regulations has been changed to adoption date of the regulation revisions at the recommendation of EPA. In addition, SCAPCA inadvertently included outdated versions of Sections 10.06.B.3 and 10.09.D of Article X, in its CR-102 (WSR 04-01-160) and original CR-103 (WSR 04-07-748 [04-07-048]) submissions as if these were nonamended sections. In accordance with RCW 34.05.395, the inadvertent amendments to these sections are invalidated because they did not follow the formatting required for amendments and therefore the previously adopted versions stand.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 1, Amended 6, Repealed 0; Federal Rules or Standards: New 1, Amended 6, Repealed 0; or Recently Enacted State Statutes: New 3, Amended 28, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 5, Amended 67, Repealed 22.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 5, Amended 67, Repealed 22.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: March 4, 2004.

Charles E. Studer

Environmental Engineer

AMENDATORY SECTION (Amending Order Res. 04-01, filed 3/10/04)

SECTION 10.06 REGISTRATION AND OPERATING PERMIT FEES FOR AIR CONTAMINANT SOURCES

     A. Each source required by Article IV, Section 4.01 to be registered, each air operating permit source, and each source required by Article V, Section 5.02 to obtain an approved Notice of Construction and Application for Approval is subject to an annual fee for each calendar year, or portion of each calendar year, during which it operates. The owner or operator shall pay the fee, pursuant to the requirements in Section 10.02. Fees received pursuant to the registration program or the operating permit program shall not exceed the actual costs of program administration.

     B. The annual fee for each source shall be determined as follows:

     1. For sources that are not subject to Section 10.06.B.3, 4, or 5. of this Regulation and which emit less than 5 tons per year of criteria and toxic air pollutants:

     a. a flat fee of $160; and

     b. a $30 fee for each stack and other emission point, not to exceed $600; and

     c. an emission fee of $20 per ton of each criteria and toxic air pollutant; and

     d. an additional fee of $150 for each source which operated at least one incinerator or burn out oven during the registration period; and

     e. an additional fee of $100 if the source is required by the Authority to submit an annual emissions inventory to the Washington Emission Data System (WEDS).

     2. For sources that are not subject to Section 10.06.B.3, 4, or 5. of this Regulation and which emit 5 tons or more per year of criteria and toxic air pollutants, but less than 100 tons per year of any one criteria pollutant:

     a. a flat fee of $215; and

     b. a $30 fee for each stack and other emission point, not to exceed $600; and

     c. an emission fee of $20 per ton of each criteria and toxic air pollutant; and

     d. an additional fee of $150 for each source which operated at least one incinerator or burn out oven during the registration period; and

     e. an additional fee of $100 if the source is required by the Authority to submit an annual emissions inventory to the Washington Emission Data System (WEDS).

     ((3. For air operating permit sources, a share of the assessment by Ecology, pursuant to RCW 70.94.162(3), determined according to Section 10.06.D of this Regulation, plus:

     a. for bulk gasoline loading terminals, Standard Industrial Classification 5171, a fee of $11,500;

     b. for secondary aluminum facilities, Standard Industrial Classification 3341, a fee of $21,100;

     c. for municipal solid waste incineration facilities, Standard Industrial Classification 4953, a fee of $20,400;

     d. for military bases, Standard Industrial Classification 9711, a fee of $17,850; or

     e. for sources not listed in a., b., c., or d. above

     1) which have total annual actual emissions of less than 50 tons, a fee of $3000;

     2) which have total annual actual emissions of greater than or equal to 50 tons but less than 100 tons, a fee of $4000; or

     3) which have total actual annual emissions of 100 tons or greater, a fee of $5000.))

     3. RCW 70.94.162(3), determined according to Section 10.06.D of this Regulation, plus:

     a. an annual base fee of $3,000; and

     b. an emission fee of $31.11 per ton of actual emissions for the previous calendar year.

AMENDATORY SECTION (Amending Order Res. 04-01, filed 3/10/04)

SECTION 10.09 ASBESTOS FEES

     Written notification, as required in Article IX, Section 9.04, shall be accompanied by the appropriate nonrefundable fee according to Section 10.09.A.

     A. Notification Period and Fees

Project	Size or Type	Notification Period	Fee
Owner-Occupied, Single-Family Residence Asbestos Project (excluding demolition)	Notification Not Required	None	None
Owner-Occupied, Single-Family Residence Demolition	All	Prior Notice	$25
All Other Demolitions with no asbestos project	All	10 Days	$150
Asbestos Project includes demolition fee*	10-259 linear ft 48-159 square ft	3 Days	$150
Asbestos Project includes demolition fee	260-999 linear ft 160-4,999 square ft	10 Days	$300
Asbestos Project includes demolition fee	1,000-9,999 linear ft 5,000-49,999 square ft	10 Days	$750
Asbestos Project includes demolition fee	> 10,000 linear ft > 50,000 square ft	10 Days	$1,500
Emergency	9.04.C	Prior Notice**	Additional fee equal to project fee
Amendment***	9.04.B	Prior Notice	$50
Alternate Means of Compliance (demolitions or friable asbestos-containing material)	9.07.A or C	10 Days	Additional fee equal to project fee
Alternate Means of Compliance (non-friable asbestos-containing material)	9.07.B	10 Days	Additional fee equal to project fee
Annual	9.04.A.8	Prior Notice	$1,000

     * Demolitions with asbestos projects involving less than 10 linear feet or less than 48 square feet may submit an asbestos project notification under this project category and will be eligible for the 3-day notification period.

     ** Except in the case where advance notice is not required pursuant to Section 9.04.C.2.

     *** For an amendment where the project type or job size category is associated with a higher fee, a fee equal to the difference between the fee associated with the most recently submitted notification and the fee associated with the increased project type or job size category shall be submitted in addition to the $50 amendment fee.

     B. The Control Officer may waive the asbestos project fee and notification period, by written authorization, for disposal of unused and intact or abandoned (without the knowledge or consent of the property owner) asbestos-containing materials. All other asbestos project and demolition requirements remain in effect.

     C. Where a compliance investigation is conducted pursuant to Section 9.04 of this Regulation, the compliance investigation fee shall be equal to $50 per hour of compliance investigation.

     D. The asbestos project fee in Section 10.09.a is waived for any demolition performed in accordance with RCW 52.12.150(6), where the good faith inspection is an asbestos survey, as defined in Section 9.02.G, performed by an AHERA Building Inspector, as defined in Section 9.02.A.

     E. ((D.)) Fees shall be paid without regard to whether the request(s) associated with this Section are approved or denied.

     Reviser's note: The typographical error in the above material occurred in the copy filed by the Spokane County Air Pollution Control Authority and appears in the Register pursuant to the requirements of RCW 34.08.040.

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