WSR 07-01-075

PROPOSED RULES

SPOKANE COUNTY AIR

POLLUTION CONTROL AUTHORITY

[ Filed December 18, 2006, 3:41 p.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule and Other Identifying Information: SCAPCA Regulation I, Article IV, Section 4.02.A-C - General Requirements for Registration; SCAPCA Regulation I, Article X, Section 10.01 - Definitions; and SCAPCA Regulation I, Article X, Section 10.02 - Fees and Charges Required.

Hearing Location(s): Spokane County Public Works Building, 1206 West Broadway, Hearing Room Lower Level, Spokane, WA 99201, on February 1, 2007, at 9:00 a.m.

Date of Intended Adoption: February 1, 2007.

Submit Written Comments to: Matt Holmquist, Compliance Administrator, 1101 West College Avenue, Suite 403, Spokane, WA 99201, e-mail mgholmquist@scapca.org, fax (509) 477-6828, by 4:30 p.m. on January 19, 2007.

Assistance for Persons with Disabilities: Contact Barbara Nelson by 4:30 p.m. on January 19, 2007.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Clarifies registration requirements in Section 4.02; general "house-keeping" of definitions in Section 10.01; establishes a processing fee if registration information is not submitted within forty-five days in Section 10.02; and amends existing late fee timeline for fees assessed pursuant to Article X in Section 10.02.

Reasons Supporting Proposal: Provides sources an incentive for timely submittal of annual registration information, processing fees would help SCAPCA recoup costs associated with following-up on late submittal of registration information, prevents delays in assessing annual registration fees when registration information is not submitted on-time, and provide clarification regarding application of late fees.

Statutory Authority for Adoption: RCW 70.94.141(1), 70.94.380, 70.94.151 (1) and (2), 70.94.431(7).

Statute Being Implemented: RCW 70.94.141(1), 70.94.380, 70.94.151 (1) and (2), 70.94.431(7).

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

Name of Proponent: Spokane county air pollution control authority (SCAPCA), governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Matt Holmquist, SCAPCA, 1101 West College, Suite 403, Spokane, WA 99201, (509) 477-4727.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This is a local air pollution control authority rule, not a state agency pursuant to RCW 70.94.141, and as such, chapter 19.85 RCW does not apply.

A cost-benefit analysis is not required under RCW 34.05.328. This is a local agency rule and pursuant to RCW 70.94.141(1), RCW 34.05.328 does not apply to this rule.

December 15, 2006

Matt Holmquist

Compliance Administrator

AMENDATORY SECTION

SCAPCA Regulation I, Article X, Section 4.02


SECTION 4.02 GENERAL REQUIREMENTS FOR REGISTRATION


A. Registration Responsibility.

The owner, operator, or a designated agent of a stationary source, shall register said stationary source, except those stationary sources exempted under Section 4.03 of this Article, by obtaining proper ((using)) forms ((furnished by)) from the Authority or using an alternative to forms when required by the Authority. The owner and operator of the stationary source are responsible for registration and for timely submitting accurate and complete registration information.

B. Registration Information.

The owner, operator, or designated agent shall register each emissions unit, including quantifiable fugitive air emissions, located at the stationary source. The owner, operator, or designated agent shall provide information to the Authority, as may be required by the Authority, concerning location, size, and height of air contaminant outlets, processes employed, nature of the air contaminant emission, and such other information, as is relevant to air pollution. The owner, operator, or designated agent shall submit updated registration information at least annually as required by the Authority, using forms provided by the Authority unless the Authority provides in writing an alternative format or requires an alternate method of reporting registration information. The forms provided by the Authority shall be completed and returned to the Authority within 45 days.

C. Signature.

The owner, operator, or the designated agent for such owner or operator shall sign each registration form unless the Authority provides in writing an alternative format or requires an alternate method of reporting registration information verifying that the information on the form is to his or her knowledge, complete and accurate.

D. Reporting requirements for transfer or change of ownership of registered stationary sources.

1. The new owner or operator, that assumes ownership and/or operational control of a registered stationary source, shall report any change of ownership or change of operator to the Authority, within ninety (90) days of completing transfer of ownership and/or assuming operational control. The new owner or operator shall report the change on "Change of Ownership Forms" provided by the Authority. The report shall contain the following information:

a. Legal name of the company prior to transfer;

b. Site address;

c. Previous owner's name;

d. New legal name of company (if different)

e. New owner's name;

f. New owner's mailing address;

g. New owner's phone number;

h. Effective date of the transfer;

i. Description of the affected emission units; and

j. New owner's or responsible agent's signature.

2. Any liability for fee payment, including payment of delinquent fees and other penalties shall survive any transfer of ownership of a stationary source.

E. Reporting requirements for permanent shutdown of registered stationary sources.

1. The owner or operator shall file a "Source Closure Notification Form" with the Authority within ninety (90) days after the owner or operator determines that operations, producing air contaminant emissions, have permanently ceased. The report shall contain the following information:

a. Legal name of the company prior to closure or shutdown;

b. Stationary source address;

c. Effective date of the stationary source closure or emissions unit shutdown;

d. Description of the affected emission units; and

e. Owner's or responsible agent's signature.

2. In the event of a permanent closure, process and pollution control equipment may remain in place and on site, but shall be configured such that the equipment or processes are incapable of generating emissions to the atmosphere (e.g. disconnection of power to equipment, mechanical positioning that inhibits processing; placing of padlocks on equipment to prevent operation).

F. New Sources.

1. The owner or operator of a stationary source shall file a Notice of Construction and Application for Approval, in accordance with Article V of this Regulation, prior to establishing any new or modified stationary source. An approved Notice of Construction and Application for Approval suffices to meet the initial requirement to register the stationary source. Registration information shall be updated annually thereafter.

2. Prior to re-opening a closed stationary source, or establishing a new source at a site for which the Authority has received a "Source Closure Notification Form", the proponent shall contact the Authority for a determination as to whether a Notice of Construction and Application for Approval must be filed with, and approved by, the Control Officer, per the requirements of Article V of this Regulation, prior to operation.



AMENDATORY SECTION

SCAPCA Regulation I, Article X, Section 10.01


SECTION 10.01 DEFINITIONS


Unless a different meaning is clearly required by context, words and phrases used in this article shall have the following meaning:

((A. Air Operating Permit Source means any facility required to have an operating permit pursuant to Chapter 173-401 WAC.))

((B))A. Emission Fee means the component of a registration fee or operating permit fee, which is based on total actual annual emissions of criteria and toxic air pollutants, except as provided in Section 10.02.B. In the case of a new or modified source or a source being registered initially, the emission fee is based on projected emissions as presented in an approved Notice of Construction or registration form.

((C))B. Registration Period means the calendar year for which an annual fee has been assessed pursuant to Section 10.06.B.1. ((or 10.06.B.2.))

((D. Significant Emissions, for the purposes of this Article, means the same, as defined in Article I, Section 1.04, of this Regulation.))



AMENDATORY SECTION

SCAPCA Regulation I, Article X, Section 10.02


SECTION 10.02 FEES AND CHARGES REQUIRED


A. Registration information not submitted within 45 days pursuant to Section 4.02.

If registration information is submitted after 45 days, a processing fee of $100 shall be added to the registration fee invoice.

B. Method of calculating registration fees in Section 10.06 when registration information required in Section 4.02 is not submitted within 90 days.

Any owner, operator, or designated agent that fails to submit registration information to the Authority within 90 days of the registration information request issue date or prior to the registration fee invoice date, whichever is later, shall be assumed to be operating at the source's maximum potential production rate and the registration fee specified in Section 10.06 will be assessed on that basis.

((A))C. Additional fee for failure to pay any fee within 90 days of assessment.

Any fee assessed pursuant to Article X shall be paid within ((30)) 45 days of assessment. Any person who is more than ((90)) 45 days late (i.e., more than 90 days from assessment) with such payment shall pay an ((penalty)) additional fee equal to three times the amount of the original fee owed.

((B))D. Revenues collected pursuant to RCW 70.94.161.

Revenues collected pursuant to RCW 70.94.161 shall be deposited in the operating permit program dedicated account and shall be used exclusively for the program.

Washington State Code Reviser's Office