WSR 16-16-121

PROPOSED RULES

[Filed August 3, 2016, 10:56 a.m.]

Title of Rule and Other Identifying Information: Amend Regulation I, Section 5.07 (Annual Registration Fees).

Hearing Location(s): Puget Sound Clean Air Agency, 1904 3rd Avenue, Suite 105, Seattle, WA 98101, on September 22, 2016, at 8:45 a.m.

Date of Intended Adoption: September 22, 2016.

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 September 21, 2016.

Assistance for Persons with Disabilities: Contact agency receptionist, (206) 689-4010, by September 15, 2016, TTY (800) 833-6388 or (800) 833-6385 (Braille).

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed technical amendment to the registration program will clarify civil penalties that may be issued for late registration fees and also to facilities that submitted incorrect or incomplete information used for determining registration fees. Section 5.07 of Regulation I outlines the due date for registration fees and includes an allowance for collecting a penalty of three times the registration fee under certain circumstances. These circumstances include situations when the fees are delinquent, or if incorrect or incomplete information was submitted such that fees could not be calculated properly. With various amendments (for other purposes) over time, the resulting language has become challenging to clearly interpret when registration fees were sufficiently delinquent to be eligible for enforcement action. The agency is proposing that the language in this section of the rule be clarified to clearly identify when a registration fee is delinquent and the penalty associated with the delinquent fee can be applied.

Reasons Supporting Proposal: The benefit of this proposal is ensuring that civil penalties for late registration fees and for sources that submit incorrect or incomplete information used for determining registration fees are determined consistently. There will be no costs as a result of this amendment.

Statutory Authority for Adoption: Chapter 70.94 RCW.

Statute Being Implemented: RCW 70.94.141.

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

Name of Agency Personnel Responsible for Drafting: Carole Cenci, 1904 3rd Avenue, Suite 105, Seattle, WA 98101, (206) 689-4061; Implementation and Enforcement: Jennifer Dold, 1904 3rd Avenue, Suite 105, Seattle, WA 98101, (206) 689-4015.

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, and the agency is not a school district.

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.

August 3, 2016

Craig Kenworthy

Executive Director

(a) The Agency shall assess annual fees as set forth in Section 5.07(c) of this regulation for services provided in administering the registration program. Fees received under the registration program shall not exceed the cost of administering the program, which shall be defined as initial registration and annual or other periodic reports from the source owner providing information directly related to air pollution registration, on-site inspections necessary to verify compliance with registration requirements, data storage and retrieval systems necessary for support of the registration program, emission inventory reports and emission reduction credits computed from information provided by sources pursuant to registration program requirements, staff review, including engineering analysis for accuracy and currentness, of information provided by sources pursuant to registration program requirements, clerical and other office support provided in direct furtherance of the registration program, and administrative support provided in directly carrying out the registration program. Payment of these fees by the owner or operator of a source shall maintain its active registration status (even if it is not actively operating).

(b) Upon assessment by the Agency, registration fees are due and payable within 45 days of the date of the invoice. ((They)) Registration fees shall be deemed delinquent if not fully paid within 45 days of the date of the invoice. Persons or sources that ((knowingly)) under-report((ing)) emissions, fail to submit ((or)) other information used to set fees, or ((persons required)) fail to pay ((emission or permit)) required fees ((who are more than)) within 90 days of the date of the invoice, ((late with such payments)) may be subject to a penalty equal to 3 times the amount of the original fee owed (in addition to other penalties provided by chapter 70.94 RCW).

(c) Except as specified in Section 5.07 (d) and (e) of this regulation, registered sources shall be assessed a fee of $1,150, plus the following fees:

(1) Sources subject to a federal emission standard as specified in Section 5.03 (a)(1) of this regulation shall be assessed $2,100 per subpart of 40 CFR Parts 60-63;

(2) Sources subject to a federally enforceable emission limitation as specified in Section 5.03 (a)(2) or meeting the emission thresholds specified in Section 5.03 (a)(3) of this regulation shall be assessed $2,300;

(3) Sources subject to the emission reporting requirements under Section 5.05(b) of this regulation shall be assessed $30 for each ton of CO and $60 for each ton of NOx, PM10, SOx, HAP, and VOC, based on the emissions reported during the previous calendar year;

(4) Sources with more than one coffee roaster installed on-site that are approved under a Notice of Construction Order of Approval shall be assessed $2,300;

(5) Sources of commercial composting with raw materials from off-site and with an installed processing capacity of <100,000 tons per year shall be assessed $5,750; and

(6) Sources of commercial composting with raw materials from off-site and with an installed processing capacity of ≥100,000 tons per year shall be assessed $23,000.

(d) Gasoline dispensing facilities shall be assessed the following fees based on their gasoline throughput during the previous calendar year (as certified at the time of payment):

(1) More than 6,000,000 gallons. . . .$4,085;

(2) 3,600,001 to 6,000,000 gallons. . . .$2,030;

(3) 1,200,001 to 3,600,000 gallons. . . .$1,350;

(4) 840,001 to 1,200,000 gallons. . . .$675;

(5) 200,001 to 840,000 gallons. . . .$340.

(e) The following registered sources shall be assessed an annual registration fee of $140, provided that they meet no other criteria listed in Section 5.03(a) of this regulation:

(1) Sources with spray-coating operations subject to Section 9.16 of this regulation that use no more than 4,000 gallons per year of total coatings and solvents;

(2) Gasoline dispensing facilities subject to Section 2.07 of Regulation II with gasoline annual throughput during the previous calendar year (as certified at the time of payment) of no more than 200,000 gallons;

(3) Motor vehicle and mobile equipment coating operations subject to Section 3.04 of Regulation II;

(4) Unvented dry cleaners using perchloroethylene; and

(5) Batch coffee roasters subject to notification under Section 6.03 (b)(11) of this regulation.