WSR 07-09-041

PROPOSED RULES

SPOKANE COUNTY AIR

POLLUTION CONTROL AUTHORITY

[ Filed April 11, 2007, 11:44 a.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 II, Section 2.14 - Washington Administrative Codes; SCAPCA Regulation I, Article X, Section 10.07 - Application and Permit Fees for Notice of Construction and Application for Approval (NOC) and for Notice of Intent to Install and Operate a Temporary Stationary Source (NOI); and SCAPCA Regulation I, Article X, Section 10.08 - Miscellaneous Fees.

Hearing Location(s): Spokane County Public Works Building, 1206 West Broadway, Hearing Room Lower Level, Spokane, WA 99201, on June 7, 2007, at 9:00 a.m.

Date of Intended Adoption: June 7, 2007.

Submit Written Comments to: Matt Holmquist, 1101 West College, Suite 403, Spokane, WA 99201, e-mail mgholmquist@scapca.org, fax (509) 477-6828, by 4:30 p.m. on May 22, 2007.

Assistance for Persons with Disabilities: Contact Barbara Nelson by 4:30 p.m. on May 22, 2007, (509) 477-4727.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Section 2.14 - Update regulation references.

Sections 10.07 and 10.08 - Amend NOC and NOI permitting fees to achieve full program cost recovery. Currently, rates for NOC, NOI, and miscellaneous fees are set through the formal rule-making process of the Administrative Procedure Act. By statute and/or board direction, certain programs are subject to fee-based cost recovery. Fees will be determined by the following methodology: NOC and NOI - Fees, based on actual and/or projected direct and indirect costs associated with the agencies "NOC program," will be established to recover total program costs. In general, fees will be based on the amount of time and/or complexity of the permit reviewed/processed. Miscellaneous - Fees will be based on average hourly staff rates, which account for salary, benefits and overhead. The new regulation outlines the fee-component structure and requires the Spokane County Air Pollution Control Authority (SCAPCA's) board to utilize the fee structure to set the fees and periodically review the fees to ensure that full cost recovery is being achieved. If full cost recovery is not achieved, adjustments to the fees either upward or downward may be made by the board. Both the original determination of the fee and any subsequent adjustments would be preceded by public notice, a public comment period and a public hearing. The anticipated effect of the rule change is to maintain improved correlation between fee-based revenue and actual program costs.

Reasons Supporting Proposal: Section 2.14 - Maintain accurate regulations.

Sections 10.07 and 10.08 - SCAPCA NOC and NOI fee schedule has not been adjusted in over a decade.

Refer also to the section above, regarding purpose of the proposal.

Statutory Authority for Adoption: RCW 70.94.141(1), 70.94.152 - [70.94.]155.

Statute Being Implemented: Chapter 70.94 RCW.

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

Name of Proponent: 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 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.

April 11, 2007

Matt Holmquist

Compliance Administrator

AMENDATORY SECTION

SCAPCA REGULATION I, ARTICLE II, SECTION 2.14 WASHINGTON ADMINISTRATIVE CODES (WACS)


A. The Authority implements and enforces the following Washington State WACs:

1. Chapter 173-400 WAC - General regulations for air pollution sources

a. Except for the following sections;

1) Source Registration

(a) WAC 173-400-100 - Registerable source

(b) WAC 173-400-102 - Scope of registration and reporting requirements

(i) SCAPCA Regulation I, Article IV, replaces the registration requirements in WACs 173-400-100 & 102 for all air pollution sources in Spokane County.

2) Stationary, portable and temporary source permitting

(a) WAC 173-400-035 - Portable and temporary sources,

(i) SCAPCA Regulation I, Article V, Sections 5.02.A.9, 5.02.I, and 5.08 replace the permitting requirements in WAC 173-400-035 for all portable and temporary sources in Spokane County.

(b) WAC 173-400-110 - New source review,

(i) SCAPCA Regulation I, Article V replaces the permitting requirements in WAC 173-400-110 for all new stationary sources installed or operated in Spokane County.

3) Fees (SCAPCA has its own fee structure).

(a) WAC 173-400-045 - Control technology fees,

(i) SCAPCA Regulation I, Article X, Section((s 10.08.C)) 10.07 replaces the review fees in WAC 173-400-045 for performing a Reasonably Available Control Technology (RACT) determination pursuant to Chapter 173-400-040 WAC and/or RCW 70.94.161 in Spokane County.

(b) WAC 173-400-104 - Registration fees,

(i) SCAPCA Regulation I, Article X, Sections 10.06 replaces registration fees assessed in WAC 173-400-104 for each air pollution source registered with SCAPCA.

(c) WAC 173-400-116 - New source review fees,

(i) SCAPCA Regulation I, Article X, Sections 10.07 replaces the fees assessed in WAC 173-400-116 to each facility that installs or operates a new air pollution source in Spokane County.

4) Prevention of significant deterioration (PSD) program

(a) WAC 173-400-730 Prevention of significant deterioration application processing procedures,

(b) WAC 173-400-740 PSD permitting public involvement requirements, and

(c) WAC 173-400-750 Revisions to PSD permits.

(i) Ecology administers the Prevention of significant deterioration program (PSD); however, SCAPCA enforces it in Spokane County.

2. Chapter 173-401 WAC - Operating Permit Regulation

3. Chapter 173-425 WAC - Outdoor burning

4. Chapter 173-430 WAC - Agricultural burning

5. Chapter 173-433 WAC - Solid fuel burning devices

6. Chapter 173-434 WAC - Solid waste incinerator facilities

7. Chapter 173-435 WAC - Emergency episode plan

8. Chapter 173-460 WAC - Controls for new sources of toxic air pollutants

9. Chapter 173-470 WAC - Ambient air quality standards for particulate matter

10. Chapter 173-474 WAC - Ambient air quality standards for sulfur oxides

11. Chapter 173-475 WAC - Ambient air quality standards for carbon monoxide, ozone, and nitrogen dioxide

12. Chapter 173-490 WAC - Emission standards and controls for sources emitting volatile organic compounds (VOC)

13. Chapter 173-491 WAC - Emission standards and controls for sources emitting gasoline vapors


REPEALER


The following sections of Spokane County Air Pollution Control Authority (SCAPCA) Regulation 1 are repealed:


SCAPCA REGULATION I, ARTICLE X, SECTION 10.07 APPLICATION AND PERMIT FEES FOR NOTICE OF CONSTRUCTION AND APPLICATION FOR APPROVAL (NOC) AND FOR NOTICE OF INTENT TO INSTALL AND OPERATE A TEMPORARY STATIONARY SOURCE (NOI)


SCAPCA REGULATION I, ARTICLE X, SECTION 10.08 MISCELLANEOUS FEES

NEW SECTION

SCAPCA REGULATION I, ARTICLE X FEES AND CHARGES


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

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

A. NOC and NOI Fees

1. Base Fee

a. For each project required by Article V to file a NOC or a NOI, the applicant shall pay a base fee pursuant to the fee schedule. Base fee classes are listed below.

i. Class I - Notice of Intent Permit

Notice of Intent permits for portable stationary sources and temporary stationary sources include the following:


Source/Source Category Description Article IV,

Exhibit R

Category

(a) Asphalt plant 15
(b) Concrete batch plant / ready mix plant 22
(c) Rock crusher 36

ii. Class II - Simple Notice of Construction Permit

Simple permits generally conform to a template and involve minimal off-site impact evaluation. They include the following:


Source/Source Category Description Article IV,

Exhibit R

Category

(a) Boiler and other fuel-burning equipment 27
(b) Coffee roaster 20
(c) Concrete batch plant / ready mix plant 22
(d) Dry cleaner 23
(e) Emergency generator 52
(f) Gasoline dispensing facility 28
(g) Lithographic printing / screen printing 9.e.5
(h) Material handling that exhausts ≥ 1,000 acfm 24
(i) Rock crusher 36
(j) Spray booth / surface coating operation 57
(k) Stationary internal combustion engine 53
(l) Sterilizer 9.e.8
(m) Stump / wood waste grinder 54

iii. Class III - Standard Notice of Construction Permit

Standard permits generally include those that don't conform to a template and involve minimal off-site impact evaluation. They include the following:


Source/Source Category Description Article IV,

Exhibit R

Category

(a) Soil and groundwater remediation operation 9.e.7
(b) Burn out oven 43
(c) Chrome plating 35
(d) Incinerator / crematory 31

iv. Class IV - Complex Notice of Construction Permit

Complex permits generally include those that don't conform to a template and involve more complex off-site impact evaluation. They include the following:


Source/Source Category Description Article IV,

Exhibit R

Category

(a) Asphalt plant 15
(b) Composting 21
(c) Refuse systems 48
(d) Rendering 49
(e) Sewerage systems 50

b. For sources / source categories not listed in Section 10.07.A.1.a, above, NOI and NOC application review will be assigned to Class I, II, II or IV by the Control Officer on a case-by-case basis.

c. For sources with one or more emission points under one NOC application, as allowed in Section 5.02.G, a separate base 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.

2. Modification / Revision Fee

a. Equipment Modification Fee

Applicants of sources requesting a change in equipment (e.g., replacement or substantial alteration of emission control technology) pursuant to Section 5.10.C of this Regulation shall pay a fee pursuant to the fee schedule.

b. Permit Condition Revision Fee

Applicants of sources requesting a change in conditions pursuant to Section 5.10.C of this Regulation shall pay a fee pursuant to the fee schedule.

3. Additional Fees (for each application)

a. 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 NOC or a NOI, the applicant shall pay a SEPA or EIS review fee pursuant to the fee schedule.

b. Toxics Review Fee

For any new source of air pollution which requires review pursuant to chapter 173-460 WAC, a toxic air pollutant review fee shall be paid. For sources with one or more emission points under one NOC 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:

i. Small Quantity Emission Rate (SQER)

For a new source using WAC 173-460-080 (2)(e), SQER, to demonstrate that ambient impacts are sufficiently low to protect human health and safety, as required WAC 173-460-070 & WAC 173-460, the applicant shall pay a SQER review fee pursuant to the fee schedule.

ii. Dispersion Modeling

For a new 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, the applicant shall pay a dispersion modeling review fee pursuant to the fee schedule.

iii. Advanced Modeling

For a new 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; or 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, the applicant shall pay the advanced modeling review fee in the fee schedule.

c. New Source Performance Standards (NSPS) Review Fee

Applicants of any new air pollution source subject to WAC 173-400-115 (NSPS) and 40 CFR Parts 60 shall pay a NSPS review fee according to the fee schedule.

d. National Emission Standard for Hazardous Air Pollutants (NESHAP) Review Fee

Applicants of any new air pollution source subject to WAC 173-400-075 (NESHAP) and 40 CFR Parts 61 and 63 shall pay a NESHAP fee according to the fee schedule.

e. Best Available Control Technology (BACT) Review Fee

i. Generic BACT

Where no BACT review is required (e.g., the applicant demonstrates there is an established and/or recognized BACT standard for the source category type), a BACT review fee is not applicable.

ii. Non-Generic BACT Review

A non-generic BACT review is one where a generic BACT standard is not applicable and a top-down BACT review is not required. Applicants of any new air pollution source subject to a non-generic BACT review shall pay a non-generic BACT review fee according to the fee schedule.

iii. Top-Down BACT Review (as described in EPA's Draft New Source Review Workshop Manual from October 1990 and as summarized below)

A top-down BACT review is one that requires available control technologies be ranked in descending order of control effectiveness. The most stringent or "top" control technology is first examined. That control technology is established as BACT unless the applicant demonstrates, and the Authority concurs, that technical considerations, energy, environmental, or economic impacts justify a conclusion that the most stringent technology is not achievable in for the project being proposed. If the most stringent control technology is eliminated in this fashion, the next most stringent control technology is considered, and so on. Applicants of any new air pollution source subject to a top-down BACT review shall pay a top-down BACT review fee according to the fee schedule.

B. Payment of Fees

1. At the Time of Application

The base fee shall be paid at the time of application. Review of the application will not commence until the applicable base fee is received.

2. After Application

a. Payment of Fees for Complete Applications

The Authority will invoice the owner, operator, or applicant for all other applicable fees without regard to whether the request(s) associated with this section are approved or denied.

b. Payment of Fees for Incomplete Applications

If an owner, operator, or applicant notifies SCAPCA in writing that an incomplete application will not be completed or cancels the application (i.e., the application is neither approved or denied), applicable fees for review performed pursuant to A.2 and A.3 of this section shall be invoiced. If an application remains incomplete for more than 3 months, the owner, operator, or applicant shall be invoiced applicable fees for review performed pursuant to A.2 and A.3 of this section. If review of the application recommences, applicable review fees apply.

C. Incomplete Applications

Applications not accompanied by the base fee will be considered incomplete. In addition, if information requested by the Authority is not provided, the application will be considered incomplete and review of the application will be suspended. Review of the application will commence, or recommence when applicable, when all required fees and information requested by the Authority is received. An application will be cancelled if it remains incomplete for more than 18 months from initial receipt. For review of the cancelled application to resume, the applicant must pay all outstanding invoice fees, if applicable, and resubmit the applicable base fee.

D. Compliance Investigation Fee

Where a compliance investigation is conducted pursuant to Section 5.12 of this Regulation, the compliance investigation fee shall be assessed pursuant to the fee schedule. The fee shall be assessed for each 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. Periodic Fee Review

The Board shall periodically review the fee schedule and determine if the total actual fee revenue collected and projected fee revenue to be collected pursuant to this Section is sufficient to fully recover program costs. Any proposed fee revisions shall include opportunity for public review and comment. Accordingly, the Authority shall account for program costs, including employee costs and overhead. If the Board determines that the total project 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. In general, fees will be greater for permits that are typically more complex or take more time to review and process.

SECTION 10.08 MISCELLANEOUS FEES

A. Miscellaneous Fees

1. Emission Reduction Credit

Review of emission reduction credits pursuant to WAC 173-400-131 shall require the applicant to pay an emission reduction credit fee pursuant to the fee schedule.

2. Variance Request

Processing a variance request pursuant to RCW 70.94.181 or Article III of this Regulation shall require the applicant to pay a fee pursuant to the fee schedule.

3. Alternate Opacity

Review of an alternate opacity limit pursuant to RCW 70.94.331 (2)(c) shall require the applicant to pay an alternate opacity fee pursuant to the fee schedule.

4. Other

Applicants of other services including those listed below shall pay a fee pursuant to the fee schedule.

(a) Requests pursuant to the following sections of this Regulation: Sections 6.13.E.3.j; 6.13.F.4; 6.13.F.6; 6.13.F.9; 6.13.F.10; and 6.13.F.11.

(b) Registration exemption requests.

(c) Other.

B. Periodic Fee Review

The Board shall periodically review the fee schedule and determine if the total actual fee revenue collected and projected fee revenue to be collected pursuant to this Section is sufficient to fully recover program costs. Any proposed fee revisions shall include opportunity for public review and comment. Accordingly, the Authority shall account for program costs, including employee costs and overhead. If the Board determines that the total project 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. Fees in the fee schedule will be based on actual and projected employee costs and overhead. Fees will be set at an hourly rate.

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