WSR 07-11-076

PROPOSED RULES

SPOKANE COUNTY AIR

POLLUTION CONTROL AUTHORITY

[ Filed May 15, 2007, 10:55 a.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: Regulation I, Article X, Section 10.06.B. REGISTRATION AND OPERATING PERMIT FEES FOR AIR CONTAMINANT SOURCES.

Spokane County Air Pollution Control Authority (SCAPCA) is revising Regulation I, Article X, Section 10.06.B. - Registration Fees in order to clarify the subsection.

Hearing Location(s): Spokane County Public Works Building, 1206 West Broadway, Hearing Room Lower Level, Spokane, WA 99201, on July 12, 2007, at 9:00 a.m.

Date of Intended Adoption: July 12, 2007.

Submit Written Comments to: Charles E. Studer, Spokane County Air Pollution Control Authority, 1101 West College, Suite #403, Spokane, WA 99201, e-mail cestuder@scapca.org, fax (509) 466-6828 by 4:30 p.m., June 29, 2007.

Assistance for Persons with Disabilities: Contact Charles Studer by 4:30 p.m. July 5, 2007, (509) 477-4727 ext. 107.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Clarify the subsection by adding a table to delineate the different applicable fees.

Reasons Supporting Proposal: Previous subsection did not delineate the applicable registration fee schedule.

Statutory Authority for Adoption: RCW 70.94.141 and 70.94.380.

Statute Being Implemented: Chapter 70.94 RCW and 42 U.S.C. 7401 et seq.

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

Name of Proponent: Spokane County Air Pollution Control Authority, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Charles E. Studer, Spokane County Air Pollution Control Authority, (509) 477-4727 ext. 107.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This is a local air pollution control authority rule. Chapter 19.85 RCW does not apply to local air pollution control authority rule development/amendments.

A cost-benefit analysis is not required under RCW 34.05.328. This is a local air pollution control authority rule. RCW 34.05.328 does not apply to local air pollution control authority rule development/amendments.

May 16 [15], 2007

Charles E. Studer

Environmental Engineer

AMENDATORY SECTION (Amending Order Res. 06-19, filed 12/7/2006)


SRCAA REGULATION I, ARTICLE X, SECTION 10.06

REGISTRATION AND OPERATING PERMIT FEES FOR AIR CONTAMINANT SOURCES


Registration Fees

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, below: ((in the current fee schedule.))
1. Registration Fee Categories Fee Fee Applicability
Facility FeeA Per the Fee Schedule Per Source
Emissions FeeB Per the Fee Schedule Per Ton
Emission Point FeeC Per the Fee Schedule Per Stack/Point
Burn Out Oven/Incinerator FeeD Per the Fee Schedule Per Source
Synthetic Minor FeeE Per the Fee Schedule Per Source
WEDS FeeF Per the Fee Schedule Per Hour
a Each source is subject to the fee listed.

b The additional fee listed applies to each ton (rounded to the nearest one-tenth of a ton) of each criteria and toxic air pollutant emitted.

c The additional fee applies to each stack and other emission points. For gasoline stations, each gasoline tank vent is an emission point.

d The additional fee listed applies to each source which operated at least one incinerator or burn out oven during the registration period.

e The additional fee listed applies to each Synthetic Minor source as defined in SCAPCA Regulation I, Article I, Section 1.04.

f The additional fee listed applies to each source required by the Authority to submit an annual emissions inventory for entry into the Washington Emission Data System (WEDS). SCAPCA staff time spent processing and reviewing WEDS will be tracked in 15 minute increments and charged at the hourly rates provided above.

((1)) 2. The Board shall periodically 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 Agency 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.

Washington State Code Reviser's Office