WSR 12-09-068

PROPOSED RULES

PUGET SOUND

CLEAN AIR AGENCY

[ Filed April 17, 2012, 12:18 p.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 70.94.141(1).

Title of Rule and Other Identifying Information: Amend Regulation I, Section 6.04 (Notice of Construction Fees).

Hearing Location(s): Puget Sound Clean Air Agency, 1904 3rd Avenue, Suite 105, Seattle, WA 98101, on May 24, 2012, at 8:45 a.m.

Date of Intended Adoption: May 24, 2012.

Submit Written Comments to: Rob Switalski, Puget Sound Clean Air Agency, 1904 3rd Avenue, Suite 105, Seattle, WA 98101, e-mail robs@pscleanair.org, fax (206) 343-7522, by May 23, 2011 [2012].

Assistance for Persons with Disabilities: Contact agency

receptionist, (206) 689-4010, by May 17, 2012, TTY (800) 833-6388 or (800) 833-6385 (braille).

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Adjust the notice of construction fee schedule to include cost increases for existing transactions, and the addition of some new fee elements unique to certain project proposals.

Reasons Supporting Proposal: The primary benefit of the proposal is to adjust notice of construction review fees to cover increasing program costs.

Statutory Authority for Adoption: Chapter 70.94 RCW.

Statute Being Implemented: RCW 70.94.141.

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

Name of Proponent: Puget Sound Clean Air Agency, governmental.

Name of Agency Personnel Responsible for Drafting: Steve Van Slyke, 1904 3rd Avenue, Suite 105, Seattle, WA 98101, (206) 689-4052; Implementation and Enforcement: Laurie Halvorson, 1904 3rd Avenue, Suite 105, Seattle, WA 98101, (206) 689-4030.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This agency is not subject to the small business economic impact provision of the Administrative Procedure Act.

A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 does not apply to local air agencies, per RCW 70.94.141.

April 17, 2012

Craig Kenworthy

Executive Director

AMENDATORY SECTION


REGULATION I, SECTION 6.04 NOTICE OF CONSTRUCTION FEES


(a) A Notice of Construction application is incomplete until the Agency has received fees as shown below:

Filing Fee (for each application, to be paid prior to any review) . . . . . . . . . . . . $1,150 ((1,000))

Coffee Roaster (less than 40 pounds/batch, with thermal oxidizer) . . . . . . . . . . . . $600 ((500))

Hot Mix Asphalt Batch Plant . . . . . . . . . . . . $8,000

((7,000))

Soil Thermal Desorption Unit . . . . . . . . . . . . $5,000

Electric Generation Project: (combined heat input capacity)

10 - 100 million Btu/hr . . . . . . . . . . . . $5,000

101 - 250 million Btu/hr . . . . . . . . . . . . $10,000

>250 million Btu/hr . . . . . . . . . . . . $25,000

Composting Facility . . . . . . . . . . . . $10,000

Commercial Solid Waste Handling Facility . . . . . . . . . . . . $10,000

Landfill Gas System . . . . . . . . . . . . $2,500

Refuse Burning Equipment: (rated charging capacity)

<12 tons per day . . . . . . . . . . . . $5,000

>12 tons and <250 tons per day . . . . . . . . . . . . $20,000

>250 tons per day . . . . . . . . . . . . $50,000

Other (not listed above) for each Piece of Equipment

and Control Equipment . . . . . . . . . . . . $600 ((500))

Additional Charges (for each application):

SEPA Threshold Determination . . . . . . . . . . . . $800 ((700))

(DNS, under Regulation I, Section 2.04)

SEPA Threshold Determination . . . . . . . . . . . . $4,000 ((1,500))

(MDNS, under Regulation I, Section 2.07)

Document Collection to Support Conclusion that SEPA Requirements were met by a Previous Environmental Review (not provided by applicant) . . . . . . . . . . . . $800

(See WAC 197-11-600)

Public Notice . . . . . . . . . . . . $700 ((500))

(under WAC 173-400-171) (+ publication costs)

Public Hearing . . . . . . . . . . . . $2,000 ((500))

(under WAC 173-400-171) (+ publication costs, if

separate public notice)

NSPS or NESHAP . . . . . . . . . . . . $1,000

(per subpart of 40 CFR Parts 60, 61, and 63)

Iterative Screening Dispersion Modeling Analysis by Agency (not provided by applicant) . . . . . . . . . . . . $1,000

(under Regulation III, Section 2.07 (c)(1)(B))

Refined Dispersion Modeling Analysis Review . . . . . . . . . . . . $1,000 ((700))

(under Regulation III, Section 2.07 (c)(1)(C))

Major Source, Major Modification, or Emission Increases Greater than Prevention of Significant Deterioration (PSD) Thresholds . . . . . . . . . . . . $5,000

(+ Ecology fees)

An Agency request for an Inapplicability Determination for PSD Program Requiring Written Applicability Determination from Ecology . . . . . . . . . . . . $5,000

(+ Ecology fees)

Establishing Voluntary Limits on Emissions for Synthetic Minor Source Status, Concurrent with Notice of Construction Application Review . . . . . . . . . . . . $2,000

(See WAC 173-400-091)

Construction or Reconstruction of a Major Source of Hazardous Air Pollutants (see 40 CFR 63.2) . . . . . . . . . . . . $2,500

Tier II Air Toxics Review . . . . . . . . . . . . $5,000

(under WAC 173-460-090) (+ Ecology fees)

Opacity/Grain Loading Correlation . . . . . . . . . . . . $5,000

(b) A notification under Section 6.03 (b)(1) through Section 6.03 (b)(9) and 6.03 (b)(11) of this regulation is incomplete until the Agency has received a fee of $200 ((100)). An application processed as a Notice of Construction exemption under Section 6.03 (b)(10) requires payment of the Notice of Construction filing fee only. An application for coverage under a general order of approval issued by this Agency is not subject to the fees in Section 6.04(a) and instead requires payment of a $500 fee, which is due prior to any review of the application.

(c) The Control Officer is authorized to enter into a written cost-reimbursement agreement with an applicant as provided in RCW 70.94.085.

(d) Additional Fee for Service - Second Incomplete Application

Upon receipt of a second incomplete Notice of Construction application from the same applicant for the same project, the Control Officer may cease review of the application and provide written notification of that determination. The Control Officer may resume review of the application if, within 30 days of the date of the notification describing the Agency's receipt of the second incomplete Notice of Construction application, the applicant has deposited $1,000 with the Agency, and executed a fee-for-service agreement with the Agency that allows the Agency to recover the reasonable direct and indirect costs that arise from processing the Notice of Construction application, including the requirements of other relevant laws such as the Washington State Environmental Policy Act (SEPA).

The agreement shall require that the applicant assume full responsibility for paying the Agency for the costs incurred under the fee-for-service agreement. The Agency shall credit the $1,000 deposit made by the applicant towards the costs required by a fee-for-service agreement. The fee-for-service agreement may require the applicant to make progress payments during the application review period. The $1,000 deposit referred to in this section and the costs provided for in a fee-for-service agreement are in addition to the fees required in Section 6.04(a).

If the applicant has not made a $1,000 deposit and executed such a fee-for-service agreement within 30 days of the date of the notification from the Agency describing its receipt of a second incomplete application, the Agency may issue an Intent to Disapprove an Application.

The $1,000 deposit required under this section is not refundable. In addition, any payments made to the Agency under a fee-for-service agreement are not refundable.

(e) Additional Fee - Revised Application

The Control Officer may assess an additional fee for processing a Notice of Construction application when a subsequent significantly revised application is submitted after the original application was determined to be complete and prior to the Agency issuing an Order of Approval or Intent to Disapprove an Application regarding the original application. The revision fee shall be the amount of the fee that was charged for the original Notice of Construction application, including the filing fee. The resulting total fee is the fee for the original Notice of Construction application plus the revision fee.

Washington State Code Reviser's Office