WSR 08-15-016

PERMANENT RULES

SPOKANE REGIONAL

CLEAN AIR AGENCY

[ Filed July 7, 2008, 11:15 a.m. , effective August 7, 2008 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: Revision of SRCAA Regulation I, Article X, Sections 10.06 and 10.07 to allow for full cost recovery of SRCAA's air operating permit (AOP) program and to separate notice of construction (NOC) fees from AOP annual fees, as directed by SRCAA's board of directors on July 3, 2008.

Citation of Existing Rules Affected by this Order: Amending SRCAA Regulation I, Article X, Sections 10.06 - Registration and Operating Permit Fees For Air Contaminant Sources and SRCAA Regulation I, Article X, Section 10.07 - Application and Permit Fees for Notice of Construction and Application for Approval and for Notice of Intent to Install and Operate a Temporary Stationary Source.

Statutory Authority for Adoption: RCW 70.94.141 and 70.94.380(2).

Adopted under notice filed as WSR 08-11-078 on May 19, 2008.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 3, 2008.

April L. Westby

Environmental Engineer

AMENDATORY SECTIONS


REGULATION I, ARTICLE VI, SECTION 10.06 & 10.07


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 below;


1. Registration Fee Categories Fee Fee Applicability
Facility Fee A Per the Fee Schedule Per Source
Emissions Fee B Per the Fee Schedule Per Ton
Emission Point Fee C Per the Fee Schedule Per Stack/Point
Burn Out Oven/Incinerator Fee D Per the Fee Schedule Per Source
Synthetic Minor Fee E Per the Fee Schedule Per Source
WEDS Fee F 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 SRCAA 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). SRCAA staff time spent processing and reviewing WEDS will be tracked in 15 minute increments and charged at the hourly rates provided above.

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.

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

1. The Board shall periodically review the fees 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 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 fees to more accurately recover program costs.

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

a. Annual base fee of $3,000;

b. Emission fee of $31.11 per ton of actual emissions from the previous calendar year;

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


TFI = (HI + HG) x RPC
HT

Where,

TFI is the SRCAA time fee for AOP source, I;

HI is the total SRCAA staff hours spent on AOP source, not including time spent on Notice of Construction application reviews, I;

HG is the total general hours SRCAA 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 SRCAA AOP program cost, calculated by subtracting the sum of the Section 10.06.C.2.a and b. fees from the total SRCAA AOP program costs; and

HT is the total number of hours SRCAA staff spent on the AOP program, including total time spent on the AOP sources and general hours spent on the AOP program.

Note: HI, HG, HT, and RPC are for the most recent SRCAA fiscal year.

Note: HI, HG, and HT are obtained from SRCAA time accounting records.

d. ((Program deficit recovery fee)) AOP Program Cost Correction, as determined by the following formula:


PDRFI y=2006->2015 = Remaining Program Deficity x EI(y - 1)
(2016 - y) ET(y - 1)
PCCI = AOP Program Cumulative Deficit or Surplus x FI
FT

Where,

PCCI is the AOP Program Cost Correction assessed ((PDRFI 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"));

AOP Program Cumulative Deficit or Surplus is the cumulative financial deficit or surplus for SRCAA's ((Remaining Program Deficity is the total cumulative funding deficit for SCAPCA's AOP program at the end of the most recent SRCAA fiscal year (("y"));

(("y" is the year, beginning in year 2006 and ending in year 2015;))

FI is the total individual fee assessed pursuant to Section 10.06.C.2.a., b., and c., of this Regulation; and

FT is the sum of all the individual fees assessed pursuant to Sections 10.06.C.2.a., b., and c. of this Regulation.

((EI 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:


I = FIxAE
FT

Where,

I is the individual share of the assessment;

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

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

a. A fee of (($50)) $65 per hour of 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:


I = FIxAE
FT

Where,

I is the individual share of the assessment;

FI is the total individual fee assessed pursuant to Section 10.06.C.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.3.a. of this Regulation.

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.


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.

1) 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

2) 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

3) 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

4) 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:

1) 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.

2) 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.

3) 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

1) 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.

2) 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.

3) 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.

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

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.


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.

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:

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 Per the Fee Schedule
All Other Demolitions

with no asbestos project

All 10 Days Per the Fee Schedule
Asbestos Project

includes demolition fee*

10-259 linear ft

48-159 square ft

3 Days Per the Fee Schedule
Asbestos Project

includes demolition fee

260-999 linear ft

160-4,999 square ft

10 Days Per the Fee Schedule
Asbestos Project

includes demolition fee

> 1,000 linear ft

> 5,000 square ft

10 Days Per the Fee Schedule
Amendment*** 9.04.B Prior Notice Per the Fee Schedule
Emergency 9.04.C Prior Notice** Additional

fee equal to

project fee

Exception for Hazardous

Conditions

9.05.B Concurrent with Project Regular

Project fee

Leaving Nonfriable Asbestos-Containing Roofing Material in Place During Demolition 9.07.B Concurrent with Project Per the Fee Schedule
Alternate Means of Compliance

friable asbestos removal alternative, nonfriable asbestos removal alternative, and leaving nonfriable asbestos in place during demolition (except roofing)

9.08.A, B, and C 10 Days ((Additional fee equal to project fee)) Per the Fee Schedule

* 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 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.

B. The Control Officer may waive part or all of 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 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.


SECTION 10.10 SOLID FUEL BURNING DEVICE EXEMPTIONS


A. An initial nonrefundable fee of $25 shall be paid for review of any exemption request to use solid fuel combustion device during periods of impaired air quality. An annual nonrefundable renewal fee of $10 will be required each year thereafter. These fees may be waived per Section 10.04 or for emergency situations.

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


SECTION 10.11 OXYGENATED GASOLINE (Repealed 9/1/05, Res. 05-19)


SECTION 10.12 AGRICULTURAL BURNING FEES


A. For agricultural burning permits issued by the Authority pursuant to Section 6.11 of this Regulation, a nonrefundable fee shall be paid by the applicant according to the following:

1. Portion for local administration: a fee of $1.25 per acre; and

2. The state administration and research portions, pursuant to 70.94.650 RCW and WAC 173-430-040 (3)(b).

B. Refunds of fees collected by the Authority may be provided at the discretion of the Authority for portions of acreage, of equivalent, unburned, provided that the total adjusted fee is no less than $25.

C. Acreage equivalency shall be in accordance with the determination of the agricultural burning practices and research task force pursuant to WAC 173-430-040 (3)(d).

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


SECTION 10.13 OUTDOOR BURNING PERMIT FEES


For outdoor burning permit applications, submitted to the Authority pursuant to Section 6.01 of this Regulation, a nonrefundable fee shall accompany the application. The fee is as follows:

A. A $10 fee shall be submitted with each 30-day permit application.

B. A $25 fee shall be submitted with each annual permit application.

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


SECTION 10.14 PAVING WAIVER FEES


A. A minimum nonrefundable filing and review fee of $50 shall accompany all paving waiver requests submitted to the Authority. After the first hour of filing and review, an additional fee of $50 per hour shall be paid by the applicant for each hour of time expended by the Authority in carrying out the review.

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

Washington State Code Reviser's Office