WSR 07-09-075

PROPOSED RULES

SPOKANE COUNTY AIR

POLLUTION CONTROL AUTHORITY

[ Filed April 17, 2007, 11:51 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 X, Section 10.06 - Registration and Operating Permit Fees for Air Contaminant Sources; and SCAPCA Regulation I, Article X, Section 10.09 - Asbestos 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: Sections 10.06 and 10.09 - Air Operating Permit Fees and Asbestos Fees, will be moved to a fee schedule. Currently, rates for Operating Permit Fees and Asbestos 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 based on actual and/or projected direct and indirect costs associated with the program. Fees will be established to recover total program costs. The revised regulation outlines the fee structure and requires 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 to downward may be made by the board. Adjustments to the fees 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: Sections 10.06 & 10.09 - Reorganizes fees into fee schedules to streamline fee amendments, if necessary. Also, refer above.

Statutory Authority for Adoption: RCW 70.94.141(1).

Statute Being Implemented: Chapter 70.94 RCW.

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 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 17, 2007

Matt Holmquist

Compliance Administrator

AMENDATORY SECTION


SCAPCA REGULATION I, 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 required by Article IV, Section 4.01 to be registered and that is not subject to Section 10.06.C. of this Regulation shall be determined by adding all of the applicable fees in the current fee schedule.

1. The Board shall periodically ((annually)) review the fee schedule for registered sources and determine if the total 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 overheard. If the Board determined 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.

C. The annual fee for each air operating permit source shall be determined as follows:

1. The Board shall periodically review the fee schedule for air operating permit sources and determine if the total 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 overheard. If the Board determines that the total projected fee revenue is either significantly excessive or deficient for this purpose, the Board shall amend the fee schedule to more accurately recover program costs.

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

a. Annual flat base fee ((of $3,000)) according to the fee schedule;

b. Emission fee ((of $31.11 per)) according to the fee schedule, where the fee is charged for each ton of actual emissions from the previous calendar year;

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


(H1 + HG) x RPC
TF1 = HT

Where,

TF1 is the SCAPCA time fee for AOP source, I;

H1 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))C.2.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: H1, HG, HT, and RPC are for the most recent SCAPCA fiscal year.

Note: H1, HG, and HT are obtained from SCAPCA time accounting records.

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


Remaining Program Deficity x E1(y - 1)
PDRF1y=2006->2015 = (2016 - y) ET(y - 1)

Where,

PDRF1 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;

E1 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:


F1xAE
I = FT

Where,

I is the individual share of the assessment;

F1 is the total individual fee assessed pursuant to Section 10.06.C.((1))2.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.C.((1))2.a., b., c., and d. of this Regulation.

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

a. An hourly fee ((of $50 per hour of)) according to the fee schedule for 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:


F1xAE
I = FT

Where,

I is the individual share of the assessment;

F1 is the total individual fee assessed pursuant to Section 10.06.C.((2))3.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.C.((2))3.a. 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.

AMENDATORY SECTION


SCAPCA REGULATION I, ARTICLE X, SECTION 10.09 ASBESTOS NOTIFICATION PERIOD AND FEES


A. Written notification, as required in Article IX, Section 9.04, shall be accompanied by the appropriate nonrefundable fee, as follows: ((according to Section 10.09.A)).

((A. Notification Period and Fees))


Project Size or Type Notification Period Fee
Owner-Occupied,

Single-Family Residence Asbestos Project (excluding demolition)

Notification

Not Required

None None
Owner-Occupied,

Single-Family Residence Demolition

All Prior Notice (($30)) Per the Fee Schedule
All Other Demolitions

with no asbestos project

All 10 Days (($250)) Per the Fee Schedule
Asbestos Project

includes demolition fee*

10-259 linear ft

48-159 square ft

3 Days (($250)) Per the Fee Schedule
Asbestos Project

includes demolition fee

260-999 linear ft

160-4,999 square ft

10 Days (($500)) Per the Fee Schedule
Asbestos Project

includes demolition fee

≥1,000 linear ft

≥ 5,000 square ft

10 Days (($1250)) Per the Fee Schedule
Emergency 9.04.C Prior Notice** Additional fee equal to project fee
Amendment*** 9.04.B Prior Notice (($0)) Per the Fee Schedule
Alternate Means of Compliance

(demolitions or friable asbestos-containing material)

9.07.A or C 10 Days Additional fee equal to project fee
Alternate Means of Compliance

(non-friable asbestos-containing material)

9.07.B 10 Days Additional fee equal to project fee
Exception for Hazardous Conditions 9.05.B Concurrent with Project Regular Project fee
((Annual 9.04.A.8 Prior Notice $1,000))

* Demolitions with asbestos projects involving less than 10 linear feet or less than 48 square feet may submit an asbestos project notification under this project category and will be eligible for the 3-day notification period.
** Except in the case where advance notice is not required pursuant to Section 9.04.C.2.
*** For an amendment where the project type or job size category is associated with a higher fee, a fee equal to the difference between the fee associated with the most recently submitted notification and the fee associated with the increased project type or job size category shall be submitted.

1. The Board shall periodically review the fee schedule for notifications submitted pursuant to Section 9.04 and determine if the total 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 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.

B. The Control Officer may waive the asbestos project fee and notification period, by written authorization, for disposal of unused and intact or abandoned (without the knowledge or consent of the property owner) asbestos-containing materials. All other asbestos project and demolition requirements remain in effect.

C. Where a compliance investigation is conducted pursuant to Section 9.04 of this Regulation, the compliance investigation fee shall be equal to $50 per hour of compliance investigation.

D. The asbestos project fee in Section 10.09.a is waived for any demolition performed in accordance with RCW 52.12.150(6), where the good faith inspection is an asbestos survey, as defined in Section 9.02.G, performed by an AHERA Building Inspector, as defined in Section 9.02.A.

E. Fees shall be paid without regard to whether the request(s) associated with this Section are approved or denied.

Reviser's note: The typographical errors in the above material occurred in the copy filed by the Spokane County Air Pollution Control Authority and appear in the Register pursuant to the requirements of RCW 34.08.040.

Washington State Code Reviser's Office