PROPOSED RULES
CLEAN AIR AGENCY
Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule and Other Identifying Information: Olympic Region Clean Air Agency (ORCAA) Regulations, Rule 3.1 Annual Registration Fees and Rule 3.3 Notice of Construction Fees. The proposal increases annual fees for registration and notice of construction activities.
Hearing Location(s): Olympic Region Clean Air Agency, 2940 B Limited Lane N.W., Olympia, WA 98502, on April 11, 2007, at 10:00 a.m.
Date of Intended Adoption: April 11, 2007.
Submit Written Comments to: Olympic Region Clean Air Agency, 2940 B Limited Lane N.W., Olympia, WA 98502, e-mail Robert@orcaa.org, fax (360) 491-6308, by April 6, 2007.
Assistance for Persons with Disabilities: Contact Dan Nelson by April 2, 2007, (360) 586-1044.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This change will enable the agency to collect additional revenue for the registration and notice of construction programs. The additional revenue is needed to more fully fund these programs. There will be an increase in the annual registration fees charged to existing businesses and industries registered with ORCAA. Fees associated with air permits for new sources of air pollution will also increase.
Reasons Supporting Proposal: Chapter 70.94 RCW provides air agencies authority to charge fees sufficient to cover costs of implementing air regulatory programs including annual registration of existing sources of air pollution and air permitting programs for new sources of air pollution. The registration and permitting programs have always been subsidized by other funding sources. The fees have been increased once (by 3.6%) in the last thirteen years.
Statutory Authority for Adoption: Chapter 70.94 RCW.
Statute Being Implemented: Chapter 70.94 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Olympic Region Clean Air Agency, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Robert Moody, 2940 B Limited Lane N.W., Olympia, WA 98502, (360) 586-1044.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This agency is not subject to the Regulatory Fairness Act (chapter 19.85 RCW) because air pollution control authorities are not deemed state agencies (RCW 70.94.141).
A cost-benefit analysis is not required under RCW 34.05.328. Air pollution control authorities are not deemed to be state agencies (RCW 70.94.141).
February 16, 2007
Richard A. Stedman
Executive Director
REGULATION 3 - FEESAMENDED SECTION
RULE 3.1 ANNUAL REGISTRATION FEES
(a) The Agency shall charge Initial and Annual
registration fees pursuant to RCW 70.94.151. Annual
registration fees shall be assessed according to the annual
fee schedules set forth in Rule 3.1(b) below. Initial
registration fees shall be assessed upon initial registration
of a source subject to registration and shall equal the annual
registration fee based on projected emissions and prorated for
the remaining months in the fiscal year. Initial and Annual
registration fees shall provide revenue to fund the Agency's
ongoing Registration Program.
(b) All sources requiring registration shall be assessed
an annual registration fee consisting of the sum of a "source
fee," "generating equipment fee," "stack fee," "class fee,"
"emissions fee," and "source specific monitoring fee"
according to items (1) through (8) of this rule and amounts as
specified in Table 3.1a. Sources assessed annual operating
permit fees under ((Regulation 5)) Rule 3.2 shall not be
assessed annual fees under this rule.
(1) Source fee - All sources requiring registration shall pay an annual "source fee" of an amount as indicated in Table 3.1a; and
(2) A Generating Equipment Fee of an amount as indicated in Table 3.1a for each fee eligible generating equipment located at the source; and
(3) A Stack Fee of an amount as indicated in Table 3.1a for each fee eligible stack located at the source; and
(4) An Emissions Fee of an amount as indicated in Table
3.1a per ton of each air contaminant listed in Table 3.1b
emitted by the source for air contaminants emitted in excess
of ((10)) 5 tons, evaluated on a pollutant by pollutant basis,
during the previous calendar year, or as contained in the file
or permit; and
(5) A Class Fee of an amount as specified in Table 3.1a; and
(6) A Source Specific Monitoring Fee of an amount as specified in Table 3.1a if ambient monitoring is a requirement for the source;
(7) The Agency shall assess the emissions fee based on actual emissions from the source for the last calendar year when available;
(8) The annual registration fees required by this rule
shall be based on process rates, equipment specifications, and
emissions data from the previous calendar year on file with
the Agency. For purposes of assessing annual registration
fees, the Agency shall consider updates and revisions to any
source's file, received prior to ((August)) July 1 of the
current year. If process rates, equipment specifications, and
emissions data from the previous calendar year is not on file
with the Agency, the Agency may base the annual fee on the
enforceable emissions limitations for the source and maximum
capacities and production rates.
(9) For purposes of assessing annual registration fees, definitions for "fee eligible generating equipment" and "fee eligible stack" shall be consistent with the definitions in Rule 1.4, and fee eligible generating equipment and fee eligible stacks which are identical in size, capacity, function, and emissions may be counted as one unit as approved by the Agency.
(c) The Agency shall assess annual registration fees
after August 1 of each year to cover the cost of administering
the program for the current fiscal year commencing July 1 and
ending June 30. The agency shall assess annual registration
fees based on the most recent information on file with the
Agency including any updates to the source's file received
prior to ((August)) July 1 of that year.
(d) Upon assessment by the Agency, annual registration fees are due and payable and shall be deemed delinquent if not fully paid within thirty (30) days. However, sources classified as RC1 or RC2 shall be given the option to pay their annual fee in quarterly installments. RC1 and RC2 sources may choose to pay their annual fees in quarterly installments by indicating so on the first invoice received and remitting payment of the first installment to the Agency along with the duplicate copy of the invoice. Quarterly installments shall be equal to 25% of the total annual registration fee and shall be due within 30 days of each quarter following initial assessment by the Agency.
(e) Any source which fails to pay, in full, ((does not
pay)) their annual registration fee or annual registration
installment ((within thirty (30) days of)) by the due date, as
stated on the invoice, shall be assessed a late penalty in the
amount of 25% of their annual registration fee. This late
penalty shall be in addition to the annual registration fee.
(f) Annual registration fees may be appealed according to the procedure specified in Rule 1.8.
(g) Failure to pay annual registration fees is a violation of these Regulations and will result in the issuance of a Notice of Violation and prescribed penalties.
| ANNUAL FEE COMPONENT | FEE COMPONENT DESCRIPTION | FEE AMOUNT |
| Facility Fee | Fee assessed to all sources requiring registration (( |
(( $135.00 |
| Generating Equip. Fee | Fee assessed per each fee eligible generating equipment located at the source. | $45.00 |
| Stack Fee | Fee assessed per each fee eligible stack located at the source. | (( $30.00 |
| Emissions Fee | Fee assessed per ton of particulate matter, SO2, NOx, VOC, and toxic air
contaminants emissions which exceeded (( |
(( $20.00 |
| Class Fees: RC1 |
Major sources (>100 tpy) |
(( $1600.00 |
| RC2 | Major toxic sources | (( $1600.00 |
| RC3 | Criteria pollutants > 30 tpy | (( $800.00 |
| RC4 | Criteria pollutants > 10 tpy | (( $250.00 |
| RC5 | Criteria pollutant < 10 tpy | (( $50.00 |
| RC6 | Toxic air contaminants < 10 tpy | (( $200.00 |
| RC7 | < 100 gal/mo VOC containing materials | (( $50.00 |
| RC8 | Incinerators < 30 tpy emissions | (( $210.00 |
| RC9 | Potential odor sources. | (( $400.00 |
| RC10 | Maj. gasoline terminals & bulk plants | (( $500.00 |
| RC11 | Min. gasoline terminals & bulk plants | (( $200.00 |
| RC12 | Gas stations requiring Stage II | (( $20.00 |
| RC13 | Gas stations (( |
$ 0 |
| RC14 | VACANT CLASSIFICATION | |
| RC15 | Other sources requiring registration | (( $100.00 |
| Source Specific Ambient Air Monitoring Fees | Fees charged a source for ORCAA to establish and operate a special purpose source specific monitoring station would be determined on a case-by-case basis when such monitoring is required. | Variable |
| Total Particulates (TSP) | |
| Sulfur Oxides (SOx) | |
| Nitrogen Oxides (NOx) | |
| Volatile Organic Compounds (VOC) | |
| Toxic Air Pollutants |
Reviser's note: The typographical error in the above material occurred in the copy filed by the Olympic Region Clean Air Agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDED SECTION
Rule 3.3 Notice of Construction Fees
(a) ((The fee)) Fees for processing a Notice of
Construction (NOC) application shall include ((a)) Filing Fees
according to Rule 3.3(b)((, Plan Examination and Inspection))
and any applicable Additional NOC Processing Fees according to
Rule 3.3(c)((, and any applicable Additional NOC Processing
Fees according to Rule 3.3(d))). Other cost to the agency of
work performed outside of the agency in conjunction with
approving a NOC application shall be directly reimbursed to
the agency according to Rule 3.3(d).
(b) Filing Fees. ((The Agency shall not commence
processing a NOC application until it has received a filing
fee of $100.00.)) A Filing Fee according to Table 3.3a shall
be paid for each proposed piece of equipment or process, or
for groups of identical equipment or processes that, if
considered individually would be subject to a NOC. Filing
Fees shall be assessed and paid as follows:
(1) A NOC application may not be deemed complete unless Filing Fees have been paid in full.
(2) Equipment or processes may be considered identical and subject to a single filing fee provided:
(i) They are identical in size and capacity;
(ii) Employ identical air pollution control technology;
(iii) Use the same fuel types;
(iv) Are subject to the same performance standards and air regulatory determinations; and,
(v) May be considered as a single emissions point for the purpose of determining ambient air quality impacts.
(3) Payment of NOC Filing Fees shall be due no later than thirty (30) days from the date of the invoice unless an alternative payment plan has been approved by the executive director.
(c) ((Plan Examination and Inspection Fees. A Plan
Examination and Inspection Fee shall be paid for each piece of
equipment or process proposed, which emits air pollutants and
requires filing a NOC, and for certain fee eligible reviews
and determinations as identified in Table 3.3a. The applicant
may choose to determine applicable Plan Examination and
Inspection Fees based on Rule 3.3 and include payment along
with the NOC application, or may elect to have the Agency
determine applicable Plan Examination and Inspection Fees
during the NOC completeness review, in which case the
applicant would be billed. In either case, the NOC
application is incomplete until the Agency has received
payment of applicable Plan Examination and Inspection Fees.
Plan Examination and Inspection Fees shall be determined as
follows:
(1) One Plan Examination and Inspection Fee shall be paid for each regulatory determination or review item identified in Table 3.3a which applies to the NOC;
(2) One Plan Examination and Inspection Fee shall be paid for each piece of equipment of process which emits air pollutants and requires filing a NOC except for equipment or processes which can be considered as identical equipment or processes;
(3) Equipment or processes may be considered identical provided that they have the same physical specifications and only one examination and/or inspection is required by the Agency;
(4) Identical equipment or processes may be accounted for collectively as a single piece of equipment or process subject to a single Plan Examination and Inspection Fee;
(5) The Plan Examination and Inspection Fee for a piece of equipment shall be based on the fee amount in Table 3.3a which most closely matches the equipment or process type; and,
(6) Any fee based on actual cost to the Agency shall be
determined according to Rule 3.3(e).))
(c) Additional NOC Processing Fees. ((An)) Additional
NOC Processing Fees shall be paid ((by the applicant for any
work identified in Table 3.3b, which has been completed by the
Agency for purposes of finalizing review and approval of a
NOC.)) at a rate of $80 per hour of direct time expended by
agency technical staff in completing any of the fee-eligible
items or actions described in Table 3.3b. If required,
Additional NOC Processing Fees shall be determined and paid as
follows: ((The Agency shall not issue the Final Determination
or Order of Approval for any NOC until applicable additional
NOC Processing Fees have been paid. The Agency shall
determine which additional NOC Processing Fees apply and shall
bill an applicant after issuing a Preliminary Determination,
but prior to issuing a Final Determination or Approval Order.
Additional NOC Processing Fees shall be determined based on
the Fee schedule contained in Table 3.3b. Any fee based on
actual cost to the Agency shall be determined according to
Rule 3.3(e).
Fee amounts in Table 3.3a and Table 3.3b which are based on the Agency's actual cost to complete a review or task shall be determined using the actual direct hours expended completing the specific review or task and the corresponding direct hourly salary rate of each Agency staff person directly involved. The following provisions shall apply:))
(1) ((Actual hours used in determining the amount of a
fee shall be recorded on a daily basis by each Agency staff
person directly involved in completing the specific task;))
Additional NOC Fees may be assessed periodically as work to
complete the fee-eligible items in Table 3.3b incurs, but not
more frequently than monthly.
(2) ((Time accrued for purposes of determining the amount
of a fee for this rule shall be accounted for to the nearest
15 minutes;)) All Additional NOC Processing Fees shall be
assessed and paid prior to issuing any Final Determination on
a NOC application unless an alternative payment plan has been
approved by the executive director.
(3) ((Current employee salary rates shall be used when
calculating actual cost-based fees; and,)) Payment of any
Additional NOC Processing Fee shall be due no later than
thirty (30) days from the date of the invoice unless an
alternative payment plan has been approved by the executive
director.
(4) ((The bill issued for any fee based on the Agency's
actual cost shall indicate the total hours expended and the
hourly cost rates, which were used to determine the fee.)) The
director may approve an alternative payment plan provided that
the plan is submitted in writing by the applicant.
(5) In computing fees based on hourly rates, only hours of technical staff (Engineer and Air Quality Specialist classifications) attributed directly to completing fee-eligible tasks listed in Table 3.3b shall be used in computing fees.
(6) The total hours used in computing fees shall be based on the agency's official time accounting records.
(7) Invoices shall disclose the number of hours by employee classification that is the basis for any Additional NOC Processing Fee.
(d) Other Costs. The following other costs shall be borne by the applicant:
(1) The cost of publishing any required notice.
(2) Consulting cost incurred by the agency in conjunction with approving a NOC application.
(e) Late Payment Penalties. ((Payment of all NOC
processing fees assessed by the Agency shall be due no later
than thirty (30) days from receiving written notification of
the fee assessment.)) Failure to pay, in full, any assessed
NOC fee ((within thirty (30) days from the)) by the due date
as stated on the invoice, ((payment is due)) shall incur a
late payment penalty in the amount of 25% of the total amount
due.
New Table
| Fuel Burning Equipment | ||
| Design heat input rate in MMBtu/hr (maximum) | Filing Fee | Base-Fee Hours |
| Less than 10 | $520 | 7 |
| 10 or more but less than 20 | $700 | 9 |
| 20 or more but less than 50 | $940 | 12 |
| 50 or more but less than 100 | $1,900 | 24 |
| 100 or more | $3,100 | 39 |
| Fuel change or new fuel | ||
| Design heat input rate in MMBtu/hr (maximum) | Filing Fee | Base-Fee Hours |
| Less than 10 | $310 | 4 |
| 10 or more but less than 20 | $400 | 5 |
| 20 or more but less than 50 | $520 | 7 |
| 50 or more but less than 100 | $1,000 | 13 |
| 100 or more | $1,600 | 20 |
| Process and Control Equipment | ||
| Cubic feet per minute at design capacity | Filing Fee | Base-Fee Hours |
| Less than 10,000 | $460 | 6 |
| 10,000 or more but less than 20,000 | $580 | 7 |
| 20,000 or more but less than 50,000 | $760 | 10 |
| 50,000 or more but less than 100,000 | $1,120 | 14 |
| 100,000 or more but less than 250,000 | $2,140 | 27 |
| 250,000 or more | $3,100 | 39 |
| Incinerators | ||
| Pounds per day at maximum design capacity | Filing Fee | Base-Fee Hours |
| Less than 100 | $460 | 6 |
| 100 or more but less than 500 | $760 | 10 |
| 500 or more but less than 1,000 | $2,080 | 26 |
| Refuse Combustion | ||
| Combustion rate in tons per day at design capacity | Filing Fee | Base-Fee Hours |
| Less than 12 | $3,100 | 39 |
| 12 or more | $8,500 | 106 |
| Storage Tanks, Reservoirs and Containers (Other than at retail gasoline dispensing facilities) |
||
| Gallons total capacity | Filing Fee | Base-Fee Hours |
| 6,000 or more but less than 40,000 | $520 | 7 |
| 40,000 or more but less than 100,000 | $1,060 | 13 |
| 100,000 or more but less than 500,000 | $1,600 | 20 |
| 500,000 or more | $1,780 | 22 |
| Miscellaneous Air Pollution Sources | ||
| Filing fee based on # of units | Filing Fee | Base-Fee Hours |
| Spray Painting Operation (per booth) | $460 | 6 |
| Dry Cleaner (per machine) | $340 | 4 |
| New Gasoline Station | $460 | 6 |
| Gasoline Station Upgrade or Modification | $200 | 3 |
| Asphalt Plant (initial) | 1300 | 16 |
| Soil Thermal Desorbtion Unit (initial) | $3,100 | 39 |
| Odor Source | $700.00 | 9 |
| Soil and Groundwater remediation | $700 | 9 |
| Autobody | $460 | 6 |
| Control Device Replacement or Substantial Alteration | $200 | 3 |
| Composter | $200 | 3 |
| Rock Crusher (initial ) | $200 | 3 |
| Other | $340 | 4 |
New Table
| Fee-Eligible Item | Description |
| NOC Application Assistance | Direct technical assistance completing a NOC application, including, but not limited to calculating emissions, filling out standard forms, determining applicable requirements, completing a BACT analysis, performing an air toxics screening analysis pursuant to chapter 173-460 WAC, or selecting monitoring equipment. An NOC Application Assistance fee may only be assessed if the fee rate is disclosed to the applicant and applicant requests such assistance in writing. |
| Work Exceeding Base-Fee Hours | Direct work attributed to processing a NOC application in excess of the sum of applicable base-fee hours stated in Table 3.3a for each piece of equipment or process subject to a NOC. |
| State Environmental Policy Act (SEPA) | SEPA-related work such as reviewing Environmental Checklists, making threshold determinations, preparing Determinations of Nonsignificance (DNS) and other SEPA-related reports. |
| Public Noticing | Work directly associated with issuing public notice pursuant to WAC 173-400-171 and Rule 6.1(e) of ORCAA's Regulations. Associated work includes issuing a press release if warranted, copying and posting the written Preliminary Determination for public viewing, and reviewing and responding to comments. |
| Public Hearing | Work associated with conducting a public hearing including, but not limited to, preparation of summary materials, copying, issuing hearing notice, conducting the hearing, and responding to comments |
| (( |
|
$200.00 |
|
$300.00 |
|
Reviser's note: The typographical errors in the above material occurred in the copy filed by the Olympic Region Clean Air Agency and appear in the Register pursuant to the requirements of RCW 34.08.040.