WSR 06-20-038

PERMANENT RULES

SPOKANE COUNTY AIR

POLLUTION CONTROL AUTHORITY

[ Filed September 25, 2006, 2:09 p.m. , effective October 26, 2006 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: Revision of SCAPCA Regulation I, Article X, Sections 10.06 and 10.07 to allow for full cost recovery of SCAPCA's Air Operating Permit (AOP) program as well as recover the past Air Operating Permit program deficit accrued over the past ten years.

Citation of Existing Rules Affected by this Order: Amending SCAPCA Regulation I, Article X, Sections 10.06 - Registration and Operating Permit Fees For Air Contaminant Sources and SCAPCA Regulation I, Article X, Section 10.07 - Application and Permit Fees for Notice of Construction and Application for Approval and for Notice of Intent to Install and Operate a Temporary Stationary Source.

Statutory Authority for Adoption: RCW 70.94.141 and 70.94.380(2).

Adopted under notice filed as WSR 06-16-058 on July 28, 2006.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: September 7, 2006.

April Westby

Environmental Engineer

AMENDATORY SECTION

REGULATION I, ARTICLE X, SECTIONS 10.06 & 10.07

ARTICLE X


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 facilities, where the dispensing of gasoline is the only registered emission point, and which are not subject to Section 10.06.B.4 of this Regulation, a flat fee of $165.

((3))4. 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:)) sources that are subject to the air operating permit (AOP) program during any portion of the calendar year:

a. ((an)) Annual base fee of $3,000; ((and))

b. ((an)) Emission fee of $31.11 per ton of actual emissions from the previous calendar year;

c. SCAPCA time fee, as determined by the following formula:

TFI= (H1+ HG) x RPC
HT
Where,

TFI is the SCAPCA time fee for AOP source, I;

HI is the total SCAPCA staff hours spent on AOP source, I;

HG is the total general hours SCAPCA staff spent on the AOP program divided by the total number of sources subject to the AOP program during any portion of the calendar year;

RPC is the remaining SCAPCA AOP program cost, calculated by subtracting the sum of the Section 10.06.B.4.a and b. fees from the total SCAPCA AOP program costs; and

HT is the total number of hours SCAPCA staff spent on the AOP program, including total time spent on the AOP sources and general hours spent on the AOP program.

Note: HI, HG, HT, and RPC are for the most recent SCAPCA fiscal year.

Note: HI, HG, and HT are obtained from SCAPCA time accounting records.

d. Program deficit recovery fee, as determined by the following formula:

PDRF1 = Remaining Program Deficity x EI (y - 1)
y=2006->2015 (2016 - y) ET(y - 1)
Where,

PDRFI is the program deficit recovery fee assessed during year "y" (from 2006-2015) to each AOP source, I, that operated during any portion of the calendar year "y";

Remaining Program Deficity is the total cumulative funding deficit for SCAPCA's AOP program at the end of year "y";

"y" is the year, beginning in year 2006 and ending in year 2015;

EI is the total (in tons) of actual emissions from AOP source, I, during the calendar year prior to year "y" (y-1); and

ET is the sum (in tons) of the actual emissions from all AOP sources during the calendar year prior to year "y" (y-1).

Note: The program deficit recovery fee will expire in 2016 when the AOP program deficit will be zero.

e. A share of the assessment by Ecology pursuant to RCW 70.94.162(3), as determined by the following formula:

I = FIxAE
FT
Where,

I is the individual share of the assessment;

FI is the total individual fee assessed pursuant to Section 10.06.B.4.a., b., c., and d. of this Regulation;

AE is the total Ecology assessment pursuant to RCW 70.94.162(3;, and

FT is the sum of all the individual fees assessed pursuant to Sections 10.06.B.4.a., b., c., and d. of this Regulation.

((4))5. For affected units under Section 404 of the Federal Clean Air Act (42 USC 7401 et seq):

a. A fee of $50 per hour of time expended in carrying out the fee eligible activities specified in RCW 70.94.; and

b. A share of the assessment by Ecology pursuant to RCW 70.94.162(3), as determined by the following formula:

I = FIxAE
FT
Where,

I is the individual share of the assessment;

FI is the total individual fee assessed pursuant to Section 10.06.B.5.a. of this Regulation;

AE is the total Ecology assessment pursuant to RCW 70.94.162(3); and

FT is the sum of all the individual fees assessed pursuant to Sections 10.06.B.5.a. of this Regulation.

((b. a share of the assessment by Ecology, pursuant to RCW 70.94.162(3), determined pursuant to Section 10.06.D of this Regulation.

5. For facilities, where the dispensing of gasoline is the only registered emission point, and which are not subject to Section 10.06.B.3 of this Regulation, a flat fee of $165.

C. The Board shall annually review the fee schedule for air operating permit sources and projected costs to implement the requirements of RCW 70.94.161 and determine if the total projected fee revenue to be collected pursuant to this Section is sufficient to recover program costs. Such review shall include opportunity for public review and comment on the projected costs and any changes to the operating permit fee schedule. Accordingly, the Authority shall account for program costs, including employee costs and overhead. If the Board determines that the total projected fee revenue is either significantly excessive or deficient for this purpose, then the Board shall amend the fee schedule to more accurately recover program costs.

D. Individual shares of the assessment pursuant to RCW 70.94.162(3) shall be determined by the following formula:

((I = FIxAE
FT))
Where,

I is the individual share of the assessment, and

FI is the individual fee assessed pursuant to Section 10.06.B.3, or 4. of this Regulation, and

AE is the total assessment pursuant to RCW 70.94.162(3), and

FT is the sum of all the individual fees assessed pursuant to Sections 10.06.B.3, or 4. of this Regulation.))

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.

SECTION 10.07 APPLICATION AND PERMIT FEES FOR NOTICE OF CONSTRUCTION AND APPLICATION FOR APPROVAL AND FOR NOTICE OF INTENT TO INSTALL AND OPERATE A TEMPORARY STATIONARY SOURCE


The fees contained in Section 10.07 do not apply to air operating permit sources.

A. Filing Fee - For each project required by Article V to file a Notice of Construction and Application for Approval (NOC) or a Notice of Intent to Install and Operate a Temporary Stationary Source, the applicant shall pay a filing fee of $150 at the time of filing the application.

B. Project Review Fee - IN ADDITION to the filing fee provided in Section 10.07.A, the applicant shall pay a fee, according to the following:

1. Equipment fee - Sources for which an application is made for one or more emission points under one Notice of Construction or Notice of Intent to Install and Operate a Temporary Stationary Source application, as allowed in Section 5.02.G, the equipment fee, for each emissions unit and/or air pollution control system being installed or modified, shall be as follows:

a. Fuel Burning Equipment With or Without Air Pollution Control Equipment:


Design Input Size (MMBtu/hr) Fee
.4 < 5 $200
5 < 10 $250
10 < 20 $300
20 < 50 $350
50 < 100 $400
100 < 250 $500
250 < 500 $650
500 < UP $850

b. Refuse Burning Equipment Including Air Pollution Control Equipment:


Capacity (ton/day) Fee
0 < 12 $1,000
12 < 250 $1,500
250 < UP $2,500

c. Process Equipment and/or Air Pollution Control Equipment or Uncontrolled Process Equipment:


Actual ft3/min Fee
0 < 5,000 $150
5,000 < 20,000 $250
20,000 < 50,000 $350
50,000 < 100,000 $450
100,000 < 250,000 $550
250,000 < 500,000 $650
500,000 < UP $800

d. Gasoline dispensing facilities:


Equipment Being Installed Fee
Annual facility gasoline

throughput of less than 1.5 million gallons

$150
Annual facility gasoline

throughput of 1.5 million gallons or greater

$250

e. For sources not included in the above categories, an hourly fee of $50.00 per hour of time expended in project review.

2. Significant emissions review fee - In addition, except for projects subject to an equipment fee, pursuant to Section 10.07.B.1.e. above, for any new or modified source of air pollution to be constructed and anticipated to produce significant emissions, as defined in Article I, Section 1.04. of this Regulation, a significant emissions review fee of $250.

3. Toxic air pollutant review fee - In addition, except for projects subject to an equipment fee, pursuant to Section 10.7.B.1.e. above, for any new or modified source of air pollution which requires review pursuant to Chapter 173-460 WAC, a toxic air pollutant review fee. For sources with one or more emission points under one Notice of Construction application, as allowed in Section 5.02.G, a separate toxic air pollutant review fee applies to each emissions unit, or each group of like-kind emissions units, being installed or modified. A group of emissions units shall be considered as like-kind if the same set of emission calculations can be used to characterize emissions from each of the emissions units. The toxic air pollutant review fee shall be as follows:

a. For a new or modified source using WAC 173-460-080 (2)(e), Small Quantity Emission Rates, to demonstrate that ambient impacts are sufficiently low to protect human health and safety, as required WAC 173-460-070 & WAC 173-460, an additional charge of $100;

b. For a new or modified source using dispersion screening models (e.g., EPA SCREEN or TSCREEN) under WAC 173-460-080 (2)(c) to demonstrate that ambient impacts are sufficiently low to protect human health and safety, as required WAC 173-460-070, an additional charge of $150;

c. For a new or modified source using more refined dispersion models (e.g., EPA ISC3) under WAC 173-460-080 (2)(c) to demonstrate that ambient impacts are sufficiently low to protect human health and safety, as required WAC 173-460-070, an additional charge of $400; or

d. For a new or modified source using a second tier analysis under WAC 173-460-090 or a risk management decision under WAC 173-460-100 to demonstrate that ambient impacts are sufficiently low to protect human health and safety, as required WAC 173-460-070, an additional charge of $1000.

4. NSPS Review Fee - In addition, except for projects subject to an equipment fee, pursuant to Section 10.07.B.1.e. above, for any new or modified source of air pollution, subject to a standard under WAC 173-400-115 (NSPS), an additional charge as follows:

a. If subject to 40 CFR Part 60, Subpart Dc, Standards of Performance for Small Industrial-Commercial-Institutional Steam Generating Units, with only natural gas as a fuel, an additional charge of $50;

b. If subject to 40 CFR Part 60, Subpart Dc, Standards of Performance for Small Industrial-Commercial-Institutional Steam Generating Units, using fuels other than solely natural gas, an additional charge of $100;

c. If subject to 40 CFR Part 60, Subpart I, Standards of Performance for Hot Mix Asphalt Facilities, an additional charge of $100;

d. If a volatile organic liquid storage tank subject to 40 CFR 60.110b (b) or (c), no additional charge;

e. If subject to 40 CFR Part 60, Subpart OOO, Standards of Performance for Nonmetallic Mineral Processing Plants, no additional charge; and

f. If subject to a subpart of 40 CFR Part 60, other than those covered in a. through d. above, an additional charge of $250.

5. NESHAP Review Fee - In addition, except for projects subject to an equipment fee, pursuant to Section 10.07.B.1.e. above, for any new or modified source of air pollution, subject to a standard under WAC 173-400-075 (NESHAP), an additional charge as follows:

a. If subject to 40 CFR Part 63, Subpart M, National Perchloroethylene Air Emissions Standards for Dry Cleaning Facilities, and/or WAC 173-400-075(6), Emission Standards for Perchloroethylene Dry Cleaners, no additional charge;

b. If subject to 40 CFR Part 63, Subpart N, National Emission Standards for Chromium Emissions From Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks, an additional charge of $100;

c. If subject to 40 CFR Part 63, Subpart T, National Emission Standards for Halogenated Solvent Cleaning, an additional charge of $150; and

d. If subject to a subpart of 40 CFR Part 63, other than those covered in a through c. above, an additional charge of $250.

6. Integrated Review Fee - In addition, for integrated review of a Notice of Construction and Application for Approval, as allowed under Section 5.02.J of this Regulation, an additional charge of $250.

C. Change in Condition Fee - Sources for which application is made for a change in conditions pursuant to Section 5.10.C of this Regulation, the fee shall be one half the current fee for a Notice of Construction and Application for Approval or a Notice of Intent to Install and Operate a Temporary Stationary Source for that type of source, including the filing fee, according to Section 10.07.A, and the applicable fees, according to Section 10.07.B, or $350, whichever is less.

D. Compliance Investigation Fee - Where a compliance investigation is conducted pursuant to Section 5.12 of this Regulation, the compliance investigation fee shall be $300 per emissions unit, or group of like-kind emissions units, being installed or modified. A group of emissions units shall be considered as like-kind if the same set of emission calculations can be used to characterize emissions from each of the emissions units.

E. SEPA Review Fee - Where review of an Environmental Impact Statement (EIS), Environmental Checklist, or an Addendum to, or adoption of, an existing environmental document pursuant to the State Environmental Policy Act (SEPA) Chapter 197-11 WAC is required, in association with a Notice of Construction and Application for Approval or a Notice of Intent to Establish a Temporary Stationary Source, the applicant shall pay a SEPA or EIS review fee of $50 per hour or $125, whichever is greater. The applicant shall pay a partial SEPA review fee of $125, at the time of submittal of the EIS or SEPA. The Authority will bill the owner, operator, or applicant for the remainder of the SEPA or EIS review fee after a threshold determination has been made and/or a preliminary determination of the Notice of Construction has been issued.

F. Complex Project Review Fee -

1. The Control Officer may notify the applicant in writing that, due to the complexity of the application, the permit processing fees will be based on the actual hours spent by the Authority staff in evaluating and verifying the proposed project's compliance with applicable federal, state, and local rules and regulations. The complexity fee applies to Notice of Construction and Application for Approval orders and Notice of Intent to Establish a Temporary Stationary Source permissions to operate.

2. The complexity fee assessed shall be $50 per hour and shall not exceed the actual cost of processing and reviewing the proposed project. This complexity fee may include, but is not limited to, costs associated with planning meetings and/or design evaluations, that are related to the proposed project, prior to actual submission of a complete application.

3. The complexity of a permit shall be determined by dividing the usual fee in Section 10.07.B.1.a - d. by $50 per hour. If this number is less than the actual hours spent in review, the Authority may elect to assess a Complex Project Review Fee instead of assessing the fee according to the schedule in Section 10.07.B.1.a. - d. The actual review time shall not include the time associated with review of an environmental checklist or environmental impact statement. These fees are assessed separately under Section 10.07.E.

4. The applicant may avoid being subject to a Complex Project Review Fee by providing additional information with the application that reduces the cost to the Authority in reviewing the application to a level consistent with the fee schedule in Section 10.07.B.1a - d.

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.

Washington State Code Reviser's Office