Original Notice.

     Proposal is exempt under RCW 70.94.141.

     Title of Rule and Other Identifying Information: Regulation 1, the changes are primarily housekeeping items such as updating outdated references to WACs and/or RCWs. Also, making the document easier to read and clarifying language, updating agency name per board approval in 2007.

     Hearing Location(s): Benton Clean Air Agency, 526 South Clodfelter Road, Kennewick, WA 99336, on October 27, 2011, 5:00 p.m.

     Date of Intended Adoption: October 27, 2011, or later.

     Submit Written Comments to: Sherrie Bowers, 526 South Clodfelter Road, Kennewick, WA 99336, e-mail sbow@bcaa.net, fax (509) 783-1304, by October 10, 2011.

     Assistance for Persons with Disabilities: Contact 711 relay, or contact Sherrie Bowers, [see] above.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The changes are primarily housekeeping items such as:

•	Updating outdated references to WACs and/or RCWs.
•	Aligning language with the current RCWs and WACs.
•	Making the document easier to read and clarifying language, including clarifying definitions.
•	Updating agricultural burning rule and fees per changes already made to the WAC.
•	Updating agency name change.

     Reasons Supporting Proposal: Current rules are out of date with the WAC and have incorrect references.

     Statutory Authority for Adoption: Chapter 70.94 RCW.

     Statute Being Implemented: Chapter 70.94 RCW.

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

     Name of Proponent: Benton Clean Air Agency, governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Robin Priddy, 526 South Clodfelter, Kennewick, (509) 783-1304.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Proposed changed [changes] strictly clarify existing regulation[s] and correct out of date references to RCWs and WACs, and align language with WAC changes in 2010.

     A cost-benefit analysis is not required under RCW 34.05.328. Proposed changed [changes] strictly clarify existing regulation[s] and correct out of date references to RCWs and WACs, and align language with WAC changes in 2010.

July 5, 2011

Robin Priddy

Director

Section 1.01 Name of ((Authority)) Agency

     The name of this Air Pollution Control ((Authority)) Agency, declared to be and directed to function as a single county authority with the boundaries of Benton County and activated by the Washington Clean Air Act, Revised Code of Washington (RCW) 70.94 as amended, shall be known as the BENTON CLEAN AIR ((AUTHORITY)) AGENCY, hereinafter referred to as the BCAA, or the ((Authority)) Agency.

Section 1.02 Policy

     A. The BCAA adopts Regulation 1 to control the emissions of air contaminants from all sources within Benton County; to provide for the uniform administration and enforcement of this regulation; and to carry out the requirements and purposes of the ((U.S)) Federal. Clean Air Act (42 USC. 7401 et. seq.) and the Washington State Clean Air Act (RCW 70.94).

     B. It is hereby declared to be the public policy of the BCAA to:

     1. Secure and maintain such levels of air quality that protect human health and safety, including the most sensitive members of the population;

     2. Secure compliance with the requirements of the F ((f)) ederal C ((c)) lean A ((a)) ir A ((a)) ct;

     3. Prevent injury to plant and animal life and to property;

     4. Foster the comfort and convenience of its inhabitants;

     5. Promote the economic and social development of Benton County; and

     6. Facilitate the enjoyment of the natural attractions of Benton County.

     C. It is further the intent of Regulation 1 to protect the public welfare, to preserve visibility, to protect scenic, aesthetic, historic, and cultural values, and to prevent air pollution problems that interfere with the enjoyment of life, property, or natural attractions.

     D. Wherever Regulation 1 constitutes a restatement of the requirements and purposes of RCW 70.94, it is the intent of the BCAA that Regulation 1 be interpreted in the same manner as the statute adopted by the Washington State Legislature. Any deviation from the statute, except where the statute allows BCAA to be more stringent, is intended for purposes of clarity.

     Reviser's note: The typographical error in the above material occurred in the copy filed by the Benton Clean Air Agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

Section 5.01 Definitions

     A. Definitions of all terms in this article, unless otherwise defined below, are as defined in WAC 173-425-030.

     B. A "burn day" is a day, as determined by the BCAA, during which outdoor burning may take place in areas where open burning is allowed. The length of the burn day shall be defined as the period from 9:00 AM until one hour before sunset.

     ((The BCAA shall make a daily burn day decisions based on available meteorological information. The daily burn decision shall be provided daily through a burn day message line and/or through the local media.))

     1. BCAA shall make a burn day decision for residential burning that will be updated and provided daily.

     2. BCAA shall make a burn day decision for agricultural burning that will be updated and provided daily.

     C. A "person" means an individual, firm, public or private corporation, association, partnership, political subdivision, municipality, or government agency.

     D. An "Urban Growth Area" or "UGA" means land, generally including and associated with an incorporated city, designated by a county for urban growth under RCW 36.70A.030.

Section 6.01 Definitions

     A. Definitions of all terms in this article, unless otherwise defined below, are as defined in WAC 173-430-030.

     B. An "agricultural burn day" is a day, as determined by the BCAA, during which permitted agricultural burning may take place in areas where agricultural burning is allowed. The length of the burn day shall be defined as the period from 9:00 AM until one hour before sunset. The BCAA shall make daily burn day decisions ((based on available meteorological information)). The ((daily)) burn decision shall be provided daily ((through a burn day message line and/or through the local media)).

     C. ((")) Incidental agricultural burning ((")) Burning of organic debris related to agricultural activity requires a permit and a fee except for agricultural burning that is incidental to commercial agricultural activities (RCW 70.94.6524). An agricultural operation burning under the incidental agricultural burning exception must still notify the local fire department within the area, the BCAA, and not burn during an air pollution episode or any stage of impaired air quality. The specific types of burning that qualify as exceptions to permit requirements are ((is the burning of vegetative debris that is non-essential to the propagation of a crop and is any of the following))

     1. Orchard prunings. An orchard pruning is a routine and periodic operation to remove overly vigorous or nonfruiting tree limbs or branches to improve fruit quality, assist with tree canopy training and improve the management of plant and disease, and pest infestations;;

     2. ((Vegetative)) Organic debris along fence ((lines or irrigation or drainage ditches.; or)) r A fenceline or fencerow is the area bordering a commercial agricultural field that is or would be unworkable by equipment used to cultivate the adjacent field.

     3. Organic debris along or in irrigation or drainage ditches. An irrigation or drainage ditch is a waterway which predictably carries water (not necessarily continuously) and is unworkable by equipment used to cultivate the adjacent field

     ((3)) 4. Organic Debris ((Vegetative debris)) blown by the wind. The primary example is tumbleweeds.

     A "person" means an individual, firm, public or private corporation, association, partnership, political subdivision, municipality, or government agency.

     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 Benton Clean Air Agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

Section 6.02 Agricultural Burning Permit

     A. Agricultural Burning Permit Required

     1. All agricultural burning, except for incidental agricultural burning, requires a written agricultural burning permit from the BCAA. Agricultural burning permits shall be subject to a fee as described in Article 10 and payable at the time of application.

     2. Agricultural burning shall be allowed only on designated agricultural burn days.

     3. It shall be the responsibility of the person conducting agricultural burning to be informed of any additional fire safety rules as determined by the Benton County Fire Marshall.

     B. Agricultural Burning Permit Not Required

     1. Incidental agricultural burning, as defined in Section 6.01(C), shall be allowed without obtaining an agricultural burning permit from the BCAA and on days that are not agricultural burn days, except:

     a. When the Benton County Fire Marshall has declared a ban on burning due to fire safety; or

     b. During any stage of impaired air quality conditions, or during a forecast, alert, warning, or emergency air pollution episode declared under RCW 70.94.715.

     c. When wind speeds forecasted by the National Weather Service (NWS) Pendleton are equal to or over 20 mph.

     Reviser's note: The typographical errors in the above material occurred in the copy filed by the Benton Clean Air Agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

     A. Program purpose. The registration program is a program to develop and maintain a current and accurate record of air contaminant sources. Information collected through the registration program is used to evaluate the effectiveness of air pollution control strategies and to verify source compliance with applicable air pollution requirements.

     B. Program components. The components of the registration program consist of:

     1. Initial registration and annual or other periodic reports from stationary source owners providing information on location, size, height of contaminant outlets, processes employed, nature and quantity of the air contaminant emissions, and other information that is relevant to air pollution and available or reasonably capable of being assembled. For purposes of this chapter, information relevant to air pollution may include air pollution requirements established by rule, regulatory order, or ordinance pursuant to chapter RCW 70.94.

     2. On-site inspections necessary to verify compliance with registration requirements.

     3. Data storage and retrieval systems necessary for support of the registration program.

     4. Emission inventory reports and emission reduction credits computed from information provided by source owners pursuant to registration requirements.

     5. Staff review, including engineering analysis for accuracy and ((currentness)) currency of information provided by source owners pursuant to registration program requirements.

     6. Clerical and other office support in direct furtherance of the registration program.

     7. Administrative support provided in directly carrying out the registration program.

Section 9.04 Source Registration Source List

     The following sources shall register with the BCAA:

     A. Any source classification listed below:

     1. Abrasive blasting operation (WAC 173-460), except portable blasting operations operating at a construction site, or at a site for less than thirty (30) days in any running twelve (12) month period and operations that are inside a building and any associated air pollution control equipment that exhausts inside of the building;

     2. Adhesive manufacturing operations;

     3. Agricultural chemical operations or soil amendment operations - including manufacturing, mixing, packaging, concentrators, and/or other activities;

     4. Agricultural drying and dehydrating operations;

     5. Asphalt and asphalt products production operations;

     6. Brick and clay manufacturing operations - including tiles and ceramics;

     7. Cattle feedlots with operational facilities which have an inventory of one thousand or more cattle in operation between June 1 and October 1, where vegetation forage growth is not sustained over the majority of the lot during the normal growing season;

     8. Chemical manufacturing operations;

     9. Coffee roasting operations;

     10. Composting operations - including commercial, industrial and municipal, but exempting residential composting activities;

     11. Concrete product manufacturing operations;

     12. Concrete manufacturing operations, ready mix and premix;

     13. Crematoria - including human and animal crematoria;

     14. Dry cleaning operations using solvents emitting VOCs or toxic air pollutants;

     15. Flexible polyurethane foam, polyester resin, and styrene production operations;

     16. Flexible vinyl and urethane coating and printing operations;

     17. Gasoline dispensing facilities, bulk gasoline loading terminals, or bulk gasoline plants;

     18. Grain handling facilities - including seed, animal feed, legume, and flour processing operations;

     19. Hay cubing and pelletizer operations;

     20. Hazardous waste treatment and disposal facilities;

     21. Ink manufacturers;

     22. Insulation and insulation fiber manufacturing;

     23. Landfills, active and inactive - including covers, gas collections systems or flares;

     24. Materials handling and transfer facilities that generate particulate matter - including pneumatic conveying, cyclones, baghouses, and industrial housekeeping vacuuming systems that exhaust to the atmosphere;

     25. Metal casting facilities and foundries, ferrous and nonferrous;

     26. Metal plating and anodizing operations;

     27. Metallic and nonmetallic mineral processing plants - including rock crushing, sand, and gravel mixing operations;

     28. Metallurgical and mineralogical processing operations;

     29. Mills - including lumber, plywood, shake, shingle, woodchip, veneer operations, dry kilns, pulpwood insulating board, or any combination thereof;

     30. Mills - including grain, seed, feed, flour production, and related activities;

     31. Mills - including cabinet works, casket works, furniture, wood by-products, and other wood product manufacturing operations;

     32. Natural gas transmission and distribution;

     33. Paper manufacturing operations, except kraft and sulfite pulp mills;

     34. Petroleum refineries;

     35. Pharmaceutical production operations;

     36. Plastics and fiberglass fabrication - including gelcoat, polyester resin, or vinyl ester coating operations;

     37. Refuse systems - including landfills with gas collection systems and/or flares, hazardous waste treatment, storage, and disposal facilities,; and wastewater treatment plants other than private and publicly owned treatment works;.

     38. Rendering facilities;

     39. Semi-conductor manufacturing;

     40. Soil and ground water remediation projects;

     41. Surface coating operations - including automotive, metal, cans, pressure sensitive tape, labels, coils, wood, plastic, rubber, glass, paper and other substrates;

     42. Surface coating manufacturers;

     43. Synthetic fiber production operations;

     44. Synthetic organic chemical manufacturing;

     45. Tire recapping operations;

     46. Wastewater treatment plants - including private and publicly owned treatment works with a rated capacity of more than 1 million gallons per day;

     B. Any source that owns or operates any of the following equipment:

     1. Boilers, all gas fired boilers above ten (10) million BTU/hr input;

     2. Boilers, all solid and liquid fuel burning boilers with the exception of those utilized for residential heating;

     3. Chemical evaporators or concentrators;

     4. Flares utilized to combust any gaseous material;

     5. Fuel burning equipment - including, but not limited to boilers, building and process heating units (external combustion) with per unit heat inputs of equal to or greater than any of the following:

     a. 500,000 BTU/hr using coal or other solid fuels with a sulfur content of 0.5% or less;

     b. 500,000 BTU/hr using waste or used oil meeting specifications in RCW 70.94.610;

     c. 1,000,000 BTU/hr using kerosene, fuel oil, or any other liquid fuel, except used or waste oil;

     d. 4,000,000 BTU/hr using gaseous fuels;

     e. 400,000 BTU/hr using wood, wood waste, or paper.

     6. Graphic art systems - including lithographic and screen printing operations;

     7. Incinerators and combustion units

     a. Commercial and industrial solid waste incineration units, defined as per WAC 173-400-050(4);

     b. Small municipal waste combustion units, defined as per WAC 173-400-050(5)

     c. Wood waste incinerators;

     d. Any other solid, liquid, or gaseous waste incinerators;

     8. Stationary internal combustion engines rated at 500 horsepower or greater - including standby and backup operations

     9. Organic vapor collection systems within commercial or industrial facilities;

     10. Ovens/furnaces, kilns and curing, burnout - including, but not limited to, ovens/furnaces that heat clean automotive parts, paint hooks, electric motors, etc.;

     11. Degreasing and solvent cleaners, not subject to 40 CFR 63 Subpart T - including vapor, cold, open top, and conveyor cleaners;

     12. Sterilizing operations - including ethylene oxide (EtO) and hydrogen peroxide;

     13. Storage tanks for organic liquids within commercial or industrial facilities with capacities of twenty thousand (20,000) gallons or greater;

     ((14. Utilities consisting of a combination of electric and natural gas.))

     C. Any source that has a potential to emit any pollutant equal to or greater than the following:

     1. 5.0 tons/yr of carbon monoxide (CO);

     2. 2.0 tons/yr of nitrogen oxides (NO_x);

     3. 2.0 tons/yr of sulfur dioxide (SO₂);

     4. 1.25 tons/yr of particulate matter (PM or TSP);

     5. 0.75 tons/yr of fine particulate matter (PM₁₀);

     6. 2.0 tons/yr of volatile organic compounds (VOC);

     7. 0.005 tons/yr of lead.

     D. Any source subject to a federally-enforceable emission limit under a Synthetic Minor Order.

     E. Any source that is subject to permitting requirements Chapter 173-400 or 173-460 WAC.

     ((Any source that is required to report periodically to demonstrate non-applicability to EPA requirements under Sections 111 or 112 of Federal Clean Air Act.

     F. Any category of stationary source subject to a new source performance standard (NSPS) under 40 CFR Part 60, other than Subpart AAA (Standards of Performance for New Residential Wood Heaters).

     G. Any source subject to a National Emission Standard for Hazardous Air Pollutants (NESHAP) under 40 CFR Part 61, other than Subpart M (National Emission Standard for Asbestos).

     H. Any source subject to a National Emission Standard for Hazardous Air Pollutants for Source Categories (Maximum Achievable Control Technology (MACT) standard) under 40 CFR Part 63.

     I. Any source, stationary source or emission unit with an emission rate defined as "significant" under WAC 173-400-112 or 173-400-113, as applicable.

     J. Any source that has a potential to emit toxic air pollutants as defined in WAC 173-460-020, which exceeds any small quantity emission rates under WAC 173-460-080 (2)(e).))

     K. Any other source determined to be registerable by the BCAA.

     D. Class 2. Sources whose actual annual emissions are greater than that listed in Section 9.03(B), but less than one hundred (100) tons/yr of CO, NO_x, SO₂, TSP, PM₁₀, VOCs, or lead, shall be classified as Class 2 Sources.

     E. Class 2 Toxic Source. Toxic air pollutants are those listed in WAC 173-460-150 and 173-460-160. Sources whose actual emissions are greater than that listed in Section 9.03(C), but less than ten (10) tons/yr of any single toxic air pollutant or less than twenty-five (25) tons/yr of a combination of toxic air pollutants, shall be classified as Class 2 Toxic Sources:

     F. Synthetic Minor Source. Sources that have requested and received a federally enforceable emissions limit to limit the total potential-to-emit of the facility to less than one hundred (100) tons/yr of any criteria pollutant, ten (10) tons/yr of any single hazardous air pollutant, or twenty-five (25) tons/yr of any combination of hazardous air pollutants are synthetic minor sources.

     Reviser's note: The typographical errors in the above material occurred in the copy filed by the Benton Clean Air Agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

Section 10.04 General Administrative Fees

     ((A. Administrative fees shall be due and payable at the time service is rendered, unless otherwise specified by BCAA.

     1. A fee of fifteen cents ($0.15) per page shall be charged for photocopies.

     2. A fee of twenty dollars ($20.00) per hour shall be charged for research time for requests covering more than one-hour of staff time.

     3. A fee of ten dollars ($10.00) shall be charged per copy of audio or video materials.

     4. The actual cost of postage or shipping shall be charged for all material requested to be mailed.

     B. For other administrative services requested and performed by BCAA staff persons that are not provided to the public generally, the Control Officer shall determine such charge as reasonably reimburses the BCAA for time and materials expended in providing the service.))

     ((C.)) A fifty dollar ($50.00) fee will be assessed for any check written to the BCAA returned due to non-sufficient funds.

Section 10.05 Registered Source Fees

     A. The BCAA shall charge an annual registration fee pursuant to RCW 70.94.151 for services provided in administering the registration program. Fees received under the registration program shall not exceed the cost of administering the registration program. The Board shall review the registration program on an annual basis.

     B. All air contaminant sources required by Section 9.04 or 9.05 to be registered are subject to the following fees:

     1. Class 1 and Class 1 Toxic sources shall pay an annual registration fee of:

     a. A base fee of three hundred fifty dollars ($350.00);

     b. Fifty dollars ($50.00) per ton of criteria pollutant emitted;

     c. One hundred fifty dollars ($150.00) per ton or prorated on fraction of a ton of toxic air pollutant emitted; and

     d. Fifty ($50.00) dollars per emission process unit or emission point.

     2. Class 2 and Class 2 Toxic sources shall pay an annual registration fee of:

     a. A base fee of seven hundred fifty dollars ($750.00);

     b. Fifty dollars ($50.00) per ton of criteria pollutant emitted;

     c. One hundred fifty dollars ($150.00) per ton or prorated on fraction of a ton of toxic air pollutant emitted; and

     d. .Fifty ($50.00) dollars per emission process unit or emission point

     3. Synthetic Minor sources shall pay an annual registration fee of:

     a. A base fee of fifteen hundred dollars ($1,500.00);

     b. Fifty dollars ($50.00) per ton of criteria pollutant emitted;

     c. One hundred fifty dollars ($150.00) per ton or prorated on fraction of a ton of toxic air pollutant emitted; and

     d. Fifty ($50.00) dollars per emission process unit or emission point

     4. Gasoline facilities shall pay an annual registration fee of:

     a. Gasoline Loading Terminals: two thousand dollars ($2,000.00) plus fifty dollars ($50.00) per ton of pollutant emitted;

     b. Bulk Gasoline Plants: eight hundred dollars ($800.00) plus fifty dollars ($50.00) per ton of pollutant emitted; and

     c. Gasoline Dispensing Facilities:

     i. Fee is determined by multiplying current annual gasoline throughput (greater than 400,000) in gallons times $0.0005 per gallon.

     ii. Fee for stations with annual throughput less than 400,000 gallons shall be two hundred dollars ($200.00).

     C. Fee Payment

     1. Fee Payment. The annual registration fee shall be due and payable on ((February 28)) by April 15th of each year, unless otherwise specified in writing to the source by the BCAA.

     2. Late Payment of Fees. A late fee shall be charged to a source for late payment of all or part of its annual registration fee at the following rates:

     a. Ten percent (10%) of the annual registration fee for payment received up to the thirtieth (30th) day past the due date;

     b. Fifteen percent (15%) of the annual registration fee for payment received between the thirty-first (31st) day and the sixtieth (60th) day past the due date; and

     c. Twenty-five percent (25%) of the annual registration fee for payment received between the sixty-first day (61st) and the ninetieth (90th) day past the due date.

     d. Failure to pay all or part of an annual registration fee after the ninety-first (91st) day past the due date may result in the commencement of a formal enforcement action.

     3. Transfer in Ownership. Transfer in ownership of a source shall not affect that source's obligation to pay registration fees. Any liability for fee payment, including payment of late payment and other penalties shall survive any transfer in ownership of a source.

     Reviser's note: The typographical error in the above material occurred in the copy filed by the Benton Clean Air Agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

Section 10.06 Fees for Application for Notice of Construction (NOC) and Application for Notice of Intent to Install and Operate a Temporary Source (NIO)

     A. NOC or NIO Application Filing Fee. An application filing fee shall be due and payable at the time of filing the NOC or NIO application. The filing fee is non-refundable.

     1. Permanent stationary source. The filing fee shall be four hundred dollars ($400.00)

     2. ((Temporary or)) P((p))ortable source. The filing fee shall be five hundred dollars ($500.00).

     3. Relocation of ((a_temporary or)) portable or source. The filing fee shall be two hundred fifty dollars ($250.00) and shall be charged each time the source relocates within the boundaries of Benton County. For Portable Rock Crushers, an additional PM fee shall apply per Table 10-1.

     B. NOC or NIO Engineering Examination and Inspection Fee.

     1. An examination and inspection fee shall be charged according to Table 10-1. The engineering and inspection fee shall be due and payable at the time of filing the NOC or NIO, unless otherwise specified to the applicant by the BCAA.

     2. Emergency application or expedited review fee shall be two (2) times the normal application and review fee.

     C. Additional Fees

     Additional fees may be charged according to Table 10-2. Table 10-2 fees are cumulative. The additional fees shall be due and payable at the time of filing the NOC or NIO, unless otherwise specified to the applicant by the BCAA.

     1. Fee amounts in Table 10-1 and 10-2 listed as "Actual" are based upon the BCAA's actual cost to complete a review or task and shall be determined using the actual or direct hours expended completing the specific review or task.

     If the staff time required to review a permit application exceeds the listed amounts associated with the applicable review fee specified in Table 10-1 and 10-2, the applicant will be invoiced for each additional work hour at the current engineering charge rate in dollars per hour.

     2. If an NOC or NIO applicability determination fee is received by the BCAA and an NOC or NIO is determined not to be required, the Engineering Examination and Inspection Fee shall be the actual time expended at the current engineering charge rate in dollars per hour.

     D. Any NOC or NIO application received by the BCAA without the accompanying fee shall be rejected and returned to sender. Such action shall not constitute a determination of completeness or incompleteness as per WAC 173-400-110.

Asbestos Projects at Facilities
Activity			Fee
Demolition			$ ((10)) 25.00
Renovation:	10 to 259 lin. ft 260 to 999 lin. ft 1,000 to 9,999 lin. ft Over 10,000 lin. ft	or 48 to 159 ft2 or 160 to 4,999 ft2 or 5,000 to 49,999 ft2 or Over 50,000 ft2	$150 ((25)) .00 $300 ((250)) .00 $600 ((500)) .00 $1800 ((1,500)) .00
Annual Renovation			$1800 ((1,500)) .00
Demolition or Renovation Amendment			$60 ((50)) .00
Emergency Renovation Operation			Two (2) times renovation fee
Alternate Removal Methods			Two (2) times renovation fee

     Reviser's note: The typographical errors in the above material occurred in the copy filed by the Benton Clean Air Agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

Section 10.09 Title 5 Air Operating Permit Fees

     All eligible sources under WAC 173-401 shall be subject to the annual fees described in this section.

     A. Permanent annual fee determination and certification

     1. Fee Determination

     a. Fee Determination. The BCAA shall develop a fee schedule using the process outlined below, according to which it will collect fees from permit program sources under its jurisdiction. The fees shall be sufficient to cover all permit administration costs. The BCAA shall also collect its jurisdiction's share of Ecology's development and oversight costs. The fee schedule shall differentiate as separate line items the BCAA's and Ecology's fees. Opportunities for public participation shall be afforded throughout the fee determination process, as provided in Section 10.08 (A)(3)(a).

     b. Fee Eligible Activities. The costs of permit administration and development and oversight activities are fee eligible.

     i. Permit Administration. Permit administration costs are those incurred by BCAA in administering and enforcing the operating permit program with respect to sources under its jurisdiction. Eligible permit administration costs are as follows:

     (A) Pre-application assistance and review of an application and proposed compliance plan for a permit, permit revision, or renewal;

     (B) Source inspection, testing, and other data-gathering activities necessary for the development of a permit, permit revision, or renewal;

     (C) Acting on an application for a permit, permit revision, or renewal, including the costs of developing an applicable requirement as part of the processing of a permit, permit revision, or renewal, preparing a draft permit and fact sheet, and preparing a final permit, but excluding the costs of developing BACT, LAER, BART, or RACT requirements for criteria and toxic air pollutants;

     (D) Notifying and soliciting, reviewing and responding to comment from the public and contiguous states and tribes, conducting public hearings regarding the issuance of a draft permit and other costs of providing information to the public regarding operating permits and the permit issuance process;

     (E) Modeling necessary to establish permit limits or to determine compliance with permit limits;

     (F) Reviewing compliance certifications and emissions reports and conducting related compilation and reporting activities;

     (G) Conducting compliance inspections, complaint investigations, and other activities necessary to ensure that a source is complying with permit conditions;

     (H) Administrative enforcement activities and penalty assessment, excluding the costs of proceedings before the pollution control hearings board and all costs of judicial enforcement;

     (I) The share attributable to permitted sources of the development and maintenance of emissions inventories;

     (J) The share attributable to permitted sources of ambient air quality monitoring and associated recording an reporting activities;

     (K) Training for permit administration and enforcement;

     (L) Fee determination, assessment, and collection, including the costs of necessary administrative dispute resolution and penalty collection;

     (M) Required fiscal audits, periodic performance audits, and reporting activities;

     (N) Tracking of time, revenues and expenditures, and accounting activities;

     (O) Administering the permit program including the costs of clerical support, supervision, and management;

     (P) Provision of assistance to small businesses under the jurisdiction of the permitting authority as required under section 507 of the F((f))ederal C((c))lean A((a))ir A((a))ct; and

     (Q) Other activities required by operating permit regulations issued by the United States Environmental Protection Agency under the Federal Clean Air Act.

     ii. Ecology Development and Oversight. Development and oversight costs are those incurred by Ecology in developing and administering the state operating permit program and in overseeing the administration of the program by the delegated local authorities. Development and oversight costs are in Chapter 252, Laws of 1993 Section 6 (2)(b).

     c. Workload Analysis.

     i. The BCAA shall conduct an annual workload analysis of the previous years' work, to projecting resource requirements for the purpose of facilitating budget preparation for permit administration. The workload analysis shall include resource requirements for both the direct and indirect costs of the permit administration activities in Section 10.08 (A)(1)(b)(i).

     ii. Ecology will, for the two-year period corresponding to each biennium, identify the development and oversight activities that it will perform during that biennium. The eligible activities are those referenced in Section 10.08 (A)(1)(b)(ii).

     d. Budget Development. The BCAA shall annually prepare an operating permit program budget. The budget shall be based on the resource requirements identified in an annual workload analysis and shall take into account the projected fund balance at the start of the calendar year. The BCAA shall publish a draft budget for the following calendar year on or before May 31 and shall provide opportunity for public comment thereon in accordance with 10.08 (A)(3)(a). The BCAA shall publish a final budget for the following calendar year on or before June 30.

     e. Allocation Method((ology)).

     i. Permit Administration Costs. The BCAA shall allocate its permit administration costs and its share of Ecology's development and oversight costs among the permit program sources for whom it acts as permitting authority, according to a three-tiered model based upon:

     (A) the number of sources under its jurisdiction;

     (B) the complexity of the sources under its jurisdiction, and

     (C) the size of the sources under its jurisdiction, as measured by the quantity of each regulated pollutant emitted. The quantity of each regulated pollutant emitted by a source shall be determined based on the annual emissions data during the most recent calendar year for which data is available. Each of the three tiers shall be equally weighted.

     ii. Ecology Development and Oversight Costs. Ecology will allocate its development and oversight costs among all permitting authorities, including the BCAA, based upon the number of permit program sources under the jurisdiction of each permitting authority. If Ecology determines that it has incurred extraordinary costs in order to oversee a particular permitting authority and that those costs are readily attributable to the particular permitting authority, Ecology may assess to that permitting authority such extraordinary costs.

     f. Fee Schedule. The BCAA shall issue annually a fee schedule reflecting the permit administration fee and Ecology's development and oversight fee to be paid by each permit program source under its jurisdiction. The fee schedule shall be based on the information contained in the final source data statements for each year; the final source data statements shall be issued after opportunity for petition and review has been afforded in accordance with Section 10.08 (A)(4).

     2. Fee Collection - Ecology and BCAA.

     a. Collection from Sources. The BCAA, as a delegated local authority, shall collect the fees from the permit program sources under its jurisdiction.

     i. Permit Administration Costs. The BCAA shall collect from permit program sources under its jurisdiction fees sufficient in the aggregate to cover its permit administration costs.

     ii. Ecology Development and Oversight Costs. The BCAA shall collect from permit program sources under its jurisdiction fees sufficient in the aggregate to cover its share of Ecology's development and oversight costs.

     b. Dedicated Account.

     i. All receipts from fees collected by the BCAA, as a delegated local authority, from permit program sources pursuant to RCW 70.94.152(1), and RCW 70.94.161, Section 6 of Chapter 252, Laws of 1993, and Section 8 of Chapter 252, Laws of 1993 shall be deposited in the dedicated accounts of its treasury. Expenditures from these dedicated accounts will be used only for the activities described in RCW 70.94.152(1), and RCW 70.94.161, Section 6 of Chapter 252, Laws of 1993, and Section 8 of Chapter 252, Laws of 1993.

     ii. All receipts from fees collected by BCAA on behalf of Ecology from permit program sources pursuant to RCW 70.94.152(1), and RCW 70.94.161, Section 6 of Chapter 252, Laws of 1993, and Section 8 of Chapter 252, Laws of 1993 shall be deposited in the air operating permit account created under RCW 70.94.015. Expenditures from the air operating permit account may be used only for the activities described in RCW 70.94.152(1), and RCW 70.94.161, Section 6 of Chapter 252, Laws of 1993, and Section 8 of Chapter 252, Laws of 1993.

     3. Accountability

     a. Public Participation During Fee Determination Process. The BCAA shall provide for public participation in the fee determination process described under 10.08 (A)(1), which provision shall include but not be limited to the following:

     i. The BCAA shall provide opportunity for public review of and comment on:

     (A) each annual workload analysis;

     (B) each annual budget; and

     (C) each annual fee schedule

     ii. The BCAA shall submit to Ecology for publication in the Permit Register notice of issuance of its draft annual workload analysis, issuance of its draft annual budget and issuance of its draft annual fee schedule.

     iii. The BCAA shall make available for public inspection and to those requesting opportunity for review copies of its draft:

     (A) annual workload analysis on or before March 31.

     (B) annual budget on or before May 31.

     (C) annual fee schedule on or before December 31.

     iv. The BCAA shall provide a minimum of thirty (30) days for public comment on the draft annual workload analysis and draft annual budget. Such thirty-day period for comment shall run from the date of publication of notice in the Permit Register as provided in Section 10.08 (A)(3)(a)(ii).

     b. Tracking of Revenues, Time and Expenditures.

     i. Revenues. The BCAA shall track revenues on a source-specific basis.

     ii. Time and Expenditures. The BCAA shall track time and expenditures on the basis of functional categories as follows:

     (A) application review and permit issuance;

     (B) permit modification;

     (C) permit maintenance;

     (D) compliance and enforcement;

     (E) business assistance;

     (F) regulation and guidance development;

     (G) management and training;

     (H) technical support.

     iii. Use of Information Obtained from Tracking Revenues, Time and Expenditures. The BCAA shall use the information obtained from tracking revenues, time and expenditures to modify its workload analysis during each calendar year's review provided for under Section 10.08 (A)(1)(d).

     iv. The information obtained from tracking revenues, time, and expenditures shall not provide a basis for challenge to the amount of an individual source's fee.

     c. Periodic Fiscal Audits, Reports and Performance Audits. A system of regular, periodic fiscal audits, reports and performance audits shall be conducted in order to evaluate Ecology's and the BCAA's operating permit program administration, as follows:

     i. Fiscal Audits. The BCAA shall contract with the State Auditor to perform a standard fiscal audit of its operating permit program every other year.

     ii. Annual Routine Performance Audits. The BCAA shall be subject to annual routine performance audits, except that the routine audit shall be incorporated into the extensive performance audit, conducted pursuant to Section 10.08 (A)(3)(c)(v) in each year during which an extensive performance is conducted. Ecology shall issue guidance regarding the content of the routine performance audits and shall conduct the BCAA's audits.

     iii. Annual Random Individual Permit Review. One permit issued by the BCAA shall be subject to review in conjunction with the annual routine performance. The permit to be reviewed shall be selected at random. Ecology shall issue guidance regarding the content of the random individual permit review and shall conduct the BCAA's review.

     iv. Periodic Extensive Performance Audits. The BCAA shall be subject to extensive performance audits every five years. In addition, the BCAA may be subject to an extensive performance audit more frequently under the conditions of Section 10.08 (A)(3)(c)(v). Ecology shall issue guidance regarding the content of the extensive performance audits and shall conduct the audits of this BCAA.

     v. Finding of Inadequate Administration or Need for Further Evaluation. If, in the process of conducting a fiscal audit, annual routine audit, or annual random individual permit review, the auditor or Ecology finds that the BCAA is inadequately administering the operating permit program or finds that further evaluation is immediately warranted, an extensive performance audit shall be conducted, as provided in Section 10.08 (A)(3)(c)(iv).

     vi. Annual Reports. The BCAA shall prepare an annual report evaluating its operating permit program administration. Such report shall include any findings of the auditor or Ecology resulting from the relevant fiscal audits, annual routine audits, annual random individual permit reviews or periodic extensive performance audits. The BCAA shall submit its report to its Board and to Ecology.

     4. Administrative Dispute Resolution.

     a. Preliminary Statement of Source Data. The BCAA shall provide to the permit program sources under their respective jurisdictions a preliminary statement of emissions and other data from that source upon which the BCAA intends to base its allocation determination under Section 10.08 (A)(1)(e). Such preliminary statement shall be provided to the permit program sources on or before September 30 of each year. Such preliminary statement shall indicate the name, address and telephone number of the person or persons to whom the source or other individual may direct inquiries and/or petitions for review under Section 10.08 (A)(4)(b) regarding the accuracy of the data contained therein.

     b. Petition for Review of Statement. A permit program source or other individual under the jurisdiction of the BCAA, as a delegated local authority, may petition to review for accuracy the data contained in the preliminary source data statement provided for under Section 10.08 (A)(4)(a). Such petition shall be lodged on or before October 31 of each year. Such petition shall be in writing, directed to the individual indicated on the statement of source data. Such petition shall indicate clearly the data to be reviewed, the specific action that the source or petitioning individual is requesting be taken and may, if the source or petitioning individual desires, be accompanied by written documentation supporting the request for review. Such petition shall, in addition, state the name, address and telephone number of the person or persons to whom the BCAA may direct inquiries regarding the request. Upon receipt of such a petition, the BCAA, as a delegated local authority, must issue its written response to the petitioner on or before November 30 of each year. Such response shall state the conclusions of the review and the reasons therefore, and shall contain a new preliminary source data statement, revised to reflect any changes necessitated by the BCAA's response.

     c. Final Source Data Statement. The BCAA shall provide to the permit program sources under its jurisdiction a final statement of emissions and other data from that source upon which the BCAA will base its allocation determination under Section 10.08 (A)(1) along with an invoice reflecting the fee billed to that source on or before December 31 of each year.

     5. Fee Payment and Penalties

     a. Fee Payment. Each permit program source shall pay a fee in the amount reflected in the invoice issued under Section 10.08 (A)(4)(c). Such fee shall be due on or before February 28 of each year.

     b. Late Payment of Fees. BCAA shall charge a penalty to a permit program source under its jurisdiction for late payment of all or part of its operating permit fee at the following rates:

     i. Ten percent of the source's total assessed fee for payment received after the due date for fee payment but up to the first thirty days past the due date for fee payment;

     ii. Fifteen percent of the source's total assessed fee for payment received between the thirty-first day and the sixtieth day past the due date for fee payment; and

     iii. Twenty-five percent of the source's total assessed fee for payment received between the sixty-first day and the ninetieth day past the due date for fee payment.

     c. Failure to Pay Fees. The BCAA shall charge a penalty to a permit program source under its jurisdiction for failure to pay all or part of its operating permit fee and/or penalties thereon after ninety days past the due date for fee payment in an amount three times the source's total assessed fee.

     d. Other Penalties. The penalties authorized in Section 10.08 (A)(5)(b) and (c), are additional to and in no way prejudice the BCAA's ability to exercise other civil and criminal remedies, including the authority to revoke a source's operating permit for failure to pay all or part of its operating permit fee.

     e. Facility Closure. Sources that permanently cease operations shall be required to pay only a pro rata portion of the annual operating permit fee for the fiscal year in which they cease operations. The portion of the fee to be paid shall be calculated by dividing the number of calendar days that have passed in the relevant calendar year at the time the source ceases operations by the total of 365 calendar days, and multiplying the fraction thus derived by the fee that the source would have paid for the relevant calendar year, had it not ceased operations.

     f. Transfer in Ownership. Transfer in ownership of a source shall not affect that source's obligation to pay operating permit fees. Any liability for fee payment, including payment of late payment and other penalties shall survive any transfer in ownership of a source.

     6. Development and Oversight Remittance by Local Authorities to Ecology

     a. Ecology will provide to the BCAA a statement of the share of Ecology's development and oversight costs for which it is responsible for collecting from sources under its jurisdiction on or before December 31 of each year.

     b. The BCAA shall remit to Ecology one-half of the share of Ecology's development and oversight costs for which it is responsible for collecting from sources under its jurisdiction on or before March 31 of each year and shall remit to Ecology the balance of its share of Ecology's development and oversight costs on or before June 30 of each year.

     Reviser's note: The typographical error in the above material occurred in the copy filed by the Benton Clean Air Agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

Section 10.11 Agricultural Burning Permit Fees

     A. An application fee for an agricultural burning permit shall be due and payable at the time of submittal of the application. Refunds may be issued by the BCAA for acres or tons not burned under each permit provided the adjusted fee after subtracting refunds is no less than the minimum fee. ((twenty-five dollars.))

     ((B. Upon approval of any agricultural burning permit application, the BCAA shall charge a fee at a maximum fee level as set by statute at two dollars and fifty cents per acre (RCW 70.94.650(2)) and as established by the agricultural burning practices and research task force (RCW 70.94.650(4)).

     A portion of this fee shall go directly to Ecology to be divided among administration, oversight costs, and the research fund. The remainder of the fee shall go to the BCAA for local administration and implementation of the program. The permitting authority may set the fee as an amount per agricultural operation per calendar year, a set amount per fire, or a set rate no greater than one dollar and twenty-five cents per acre burned.

     The Ecology administration portion of the fee shall be used to off-set the statewide administrative, education, and oversight costs of the department for the agricultural burning program.

     The agricultural burning applied research portion of the fee shall be no greater than one dollar per acre burned. The amount assessed may be less than one dollar per acre burned as periodically determined by the agricultural burning practices and research task force based on applied research needs, regional needs and the research fund budget. The agricultural burning practices and research task force may also establish discounted assessment rates based on the use of best management practices.

     C. The local portion of the agricultural burning permit fee shall be one dollar and twenty-five cents) per acre ($1.25).

     D. Minimum and variable fee levels are as follows:

     1. Twenty-five dollars ($25.00) per calendar year per agricultural operation based on burning up to ten acres or equivalent;

     2. Fifty dollars ($50.00) for orchard tear-out burning per calendar year per agricultural operation based on burning debris from up to twenty acres or equivalent.

     3. The variable fee is two dollars and twenty-five cents per acre ($2.25).

     4. The chart below shows the permit fee break-out per category))

((

((Fee Level	Section	Local Administration	Research	Ecology Administration
$25.00	WAC 173-430-040 (4)(a)(i)	$12.50	$12.50	-0-
$50.00	WAC 173-430-040 (4)(a)(ii)	$12.50	$12.50	$25.00
2008 and beyond - $2.25 per acre	WAC 173-430-040 (4)(b)(ii)	Up to $1.25 per acre	50 cents per acre	50 cents per acre))

     The agricultural burning practices and research task force may set acreage equivalents, for non-field style agricultural burning practices, based on the amount of emissions relative to typical field burning emissions. Any acreage equivalents, established by rule, shall be used in determining fees. For agricultural burning conducted by irrigation or drainage districts, each mile of ditch (including banks) burned is calculated on an equivalent acreage basis.))

     B. Permit Fee Schedule. Table 10-4 shows the permit fee schedule, starting in the calendar year 2011. This fee schedule will remain in plalce until ecology and the task force adjust it using the process in WAC 173-430-042.

ACRONYMS AND ABBREVIATIONS

ACM . . . . . . . . . . . . Asbestos Containing Material

ARP . . . . . . . . . . . . Application for Relief from Penalty

BACT . . . . . . . . . . . . Best Available Control Technology

BART . . . . . . . . . . . . Best Available Retrofit Technology

BCAA . . . . . . . . . . . . Benton Clean Air ((Authority)) Agency

Board . . . . . . . . . . . . Benton Clean Air ((Authority)) Agency Board of Directors

BTU . . . . . . . . . . . . British Thermal Unit (unit of measure)

CEM . . . . . . . . . . . . Continuous Emission Monitoring

CFR . . . . . . . . . . . . U.S. Code of Federal Regulations

Ecology . . . . . . . . . . . . Washington State Department of Ecology

ERC . . . . . . . . . . . . Emission Recovery Credit

LAER . . . . . . . . . . . . Lowest Achievable Emission Rate

MACT . . . . . . . . . . . . Maximum Achievable Control Technology

NESHAP . . . . . . . . . . . . National Emission Standards for Hazardous Air Pollutants

NOC . . . . . . . . . . . . Notice of Construction

NIO . . . . . . . . . . . . Notice of Intent to Install and Operate a Temporary Source

NOI . . . . . . . . . . . . Notice of Intent to Demolish or Remove Asbestos

NOP . . . . . . . . . . . . Notice of Penalty

NSPS . . . . . . . . . . . . New Source Performance Standard

PCHB . . . . . . . . . . . . Washington State Pollution Control Hearings Board

PSD . . . . . . . . . . . . Prevention of Significant Deterioration

RACM . . . . . . . . . . . . Regulated Asbestos Containing Material

RACT . . . . . . . . . . . . Reasonably Available Control Technology

RCW . . . . . . . . . . . . Revised Code of Washington

SEPA . . . . . . . . . . . . State Environmental Policy Act

USC . . . . . . . . . . . . United States Code

WAC . . . . . . . . . . . . Washington Administrative Code

     Reviser's note: The typographical errors in the above material occurred in the copy filed by the Benton Clean Air Agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

© Washington State Code Reviser's Office