WSR 05-11-068

PROPOSED RULES

PUGET SOUND

CLEAN AIR AGENCY

[ Filed May 17, 2005, 3:57 p.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: Amend Regulation I, Sections 5.07 (Annual Registration Fees) and 6.04 (Notice of Construction Fees).

Hearing Location(s): Puget Sound Clean Air Agency, 110 Union Street, Suite 500, Seattle, WA 98101, on June 23, 2005, at 9:15 a.m.

Date of Intended Adoption: June 23, 2005.

Submit Written Comments to: Lynn Hughes, Puget Sound Clean Air Agency, 110 Union Street, #500, Seattle, WA 98101, e-mail lynnh@pscleanair.org, fax (206) 343-7522, by June 22, 2005.

Assistance for Persons with Disabilities: Contact Agency Receptionist, (206) 689-4010, by June 16, 2005, TTY (800) 833-6388 or (800) 833-6385 (Braille).

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The agency annually reviews the fees charged for administering its programs in order to ensure that fees collected cover the costs of implementing these programs; and the fees are then adjusted as necessary. The fees for our Registration and Notice of Construction programs will be increased for certain categories with this proposal.

Reasons Supporting Proposal: The program fees that the agency charges need to cover the cost of administering the programs.

Statutory Authority for Adoption: Chapter 70.94 RCW.

Statute Being Implemented: RCW 70.94.141.

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

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

Name of Agency Personnel Responsible for Drafting: Steve Van Slyke, 110 Union Street, #500, Seattle, WA 98101, (206) 689-4052; Implementation and Enforcement: Jim Nolan, 110 Union Street, #500, Seattle, WA 98101, (206) 689-4053.

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.

A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 does not apply to local air agencies, per RCW 70.94.141.

May 16, 2005

Steve M. Van Slyke

Supervisory Engineer

AMENDATORY SECTION

REGULATION I SECTION 5.07 ANNUAL REGISTRATION FEES

(a) The Agency shall assess annual fees as set forth in Section 5.07(c) of this regulation for services provided in administering the registration program. Fees received under the registration program shall not exceed the cost of administering the program, which shall be defined as initial registration and annual or other periodic reports from the source owner providing information directly related to air pollution registration, on-site inspections necessary to verify compliance with registration requirements, data storage and retrieval systems necessary for support of the registration program, emission inventory reports and emission reduction credits computed from information provided by sources pursuant to registration program requirements, staff review, including engineering analysis for accuracy and currentness, of information provided by sources pursuant to registration program requirements, clerical and other office support provided in direct furtherance of the registration program, and administrative support provided in directly carrying out the registration program. Payment of these fees by the owner or operator of a source shall maintain its active registration status (even if it is not actively operating).

(b) Upon assessment by the Agency, registration fees are due and payable within 45 days of the date of the invoice. They shall be deemed delinquent if not fully paid within 45 days of the date of the invoice and shall be subject to an additional delinquent fee equal to 25% of the original fee, not to exceed $1,000. Persons knowingly under-reporting emissions or other information used to set fees, or persons required to pay emission or permit fees who are more than 90 days late with such payments may be subject to a penalty equal to 3 times the amount of the original fee owed (in addition to other penalties provided by chapter 70.94 RCW).

(c) Except as specified in Section 5.07 (d) and (e) of this regulation, registered sources shall be assessed a fee of $850, plus the following fees:

(1) Sources subject to a federal emission standard as specified in Section 5.03 (a)(1) of this regulation shall be assessed $1,750 per subpart of 40 CFR Parts 60-63;

(2) Sources subject to a federally enforceable emission limitation as specified in Section 5.03 (a)(2) or meeting the emission thresholds specified in Section 5.03 (a)(3) of this regulation shall be assessed $2,000; ((and))

(3) Sources subject to the emission reporting requirements under Section 5.05(b) of this regulation shall be assessed $23 for each ton of CO and $46 for each ton of NOx, PM10, SOx, HAP, and VOC, based on the emissions reported during the previous calendar year((.));

(4) Sources with more than one coffee roaster installed on-site shall be assessed $2,000; and

(5) Sources of commercial composting with raw materials from off-site shall be assessed $5,000.

(d) Gasoline dispensing facilities shall be assessed the following fees based on their gasoline throughput during the previous calendar year (as certified at the time of payment):

(1) More than 6,000,000 gallons . . . . . . . . . . . . $3,000 ((2,000));

(2) 3,600,001 to 6,000,000 gallons . . . . . . . . . . . . $1,500 ((1,000));

(3) 1,200,001 to 3,600,000 gallons . . . . . . . . . . . . $1,000 ((750));

(4) 840,001 to 1,200,000 gallons . . . . . . . . . . . . $500;

(5) 200,001 to 840,000 gallons . . . . . . . . . . . . $250.

(e) The following registered sources shall be assessed an annual registration fee of $100, provided that they meet no other criteria listed in Section 5.03(a) of this regulation:

(1) Sources with spray-coating operations subject to Section 9.16 of this regulation that use no more than 4,000 gallons per year of total coatings and solvents;

(2) Gasoline dispensing facilities subject to Section 2.07 of Regulation II with gasoline annual throughput during the previous calendar year (as certified at the time of payment) of no more than 200,000 gallons;

(3) Motor vehicle and mobile equipment coating operations subject to Section 3.04 of Regulation II; and

(4) Unvented dry cleaners subject to Section 3.03 of Regulation III.

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) . . . . . . . . . . . . $25,000
Composting Facility . . . . . . . . . . . . $10,000
Commercial Solid Waste Handling Facility . . . . . . . . . . . . $10,000
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 WAC 173-400-171)
Public Notice . . . . . . . . . . . . $500
(under WAC 173-400-171) (+ 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 40 CFR 63.2) . . . . . . . . . . . .

$2,500

Tier II Air Toxics Review . . . . . . . . . . . . $5,000
(under WAC 173-460-090) (+ Ecology fees)
Opacity/Grain Loading Correlation . . . . . . . . . . . . $5,000

(b) A notification under Section 6.03 (b)(1) through Section 6.03 (b)(9) of this regulation is incomplete until the Agency has received a fee of $100. An application processed as a Notice of Construction exemption under Section 6.03 (b)(10) requires payment of the Notice of Construction filing fee only. An application for coverage under a general order of approval issued by this Agency is not subject to the fees in Section 6.04(a) and instead requires payment of a $500 fee, which is due prior to any review of the application.

(c) The Control Officer is authorized to enter into a written cost-reimbursement agreement with an applicant 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.

Washington State Code Reviser's Office