PERMANENT RULES
Effective Date of Rule: Thirty-one days after filing.
Purpose: Amend Notice of Construction and Notice of Intent permitting fees to achieve full cost recovery. The revised regulation outlines the fee component structure and requires SRCAA's board of directors to utilize the fee structure and allows them to set the fees and periodically review them. They may be adjusted following a public notice, comment period and hearing.
Citation of Existing Rules Affected by this Order: Amending SRCAA Regulation I, Article II, Section 2.14 and Article X, Sections 10.07 - 10.08.
Statutory Authority for Adoption: RCW 70.94.141(1), 70.94.152 - [70.94.]155.
Other Authority: Chapter 70.94 RCW.
Adopted under notice filed as WSR 07-09-041 on April 11, 2007.
A final cost-benefit analysis is available by contacting Brenda Smits, 1101 West College, Suite 403, Spokane, WA 99201, phone (509) 477-4727, fax (509) 477-6828, e-mail bsmits@scapca.org. This is a local agency rule and RCW 34.05.328 does not apply pursuant to RCW 70.94.141(1).
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 3, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: June 7, 2007.
B. Smits
Air Quality Specialist II
AMENDATORY SECTIONSECTION 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 - Source classifications
(b) WAC 173-400-102 - Scope of registration and reporting requirements
(i) SRCAA 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) SRCAA 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) SRCAA 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 SRCAA has its own fee structure).
(a) WAC 173-400-045 - Control technology fees,
(i) SRCAA 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 70.94.154 in Spokane County.
(b) WAC 173-400-104 - Registration fees,
(i) SRCAA Regulation I, Article X, Sections 10.06 replaces registration fees assessed in WAC 173-400-104 for each air pollution source registered with SRCAA.
(c) WAC 173-400-116 - New source review fees,
(i) SRCAA 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...
(c) WAC 173-400-750 Revisions to PSD permits.
(i) Ecology administers the Prevention of significant deterioration program (PSD); however, SRCAA enforces it in Spokane County...
Reviser's note: The typographical error in the above material occurred in the copy filed by the Spokane Regional Clean Air Agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
REPEALER
The following sections of Spokane Regional Clean Air
Agency (SRCAA) Regulation 1 are repealed:
SRCAA 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)
SRCAA REGULATION I, ARTICLE X, SECTION 10.08 MISCELLANEOUS FEES
NEW SECTION
SRCAA 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 |
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 |
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 |
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 |
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)) Agency 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 Agency 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 SRCAA 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 Agency 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 Agency 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 Agency 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 Agency 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 errors in the above material occurred in the copy filed by the Spokane Regional Clean Air Agency and appear in the Register pursuant to the requirements of RCW 34.08.040.