WSR 17-04-110 PROPOSED RULES
SOUTHWEST CLEAN
AIR AGENCY
[Filed February 1, 2017, 11:49 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 16-23-077.
Title of Rule and Other Identifying Information: SWCAA 492-050 Registration Requirements, this rule contains requirements for blenders who offer for sale, sells, or dispenses gasoline blended with oxygenate to register annually with the agency and pay fees.
Hearing Location(s): Office of Southwest Clean Air Agency (SWCAA), 11815 N.E. 99th Street, Suite 1294, Vancouver, WA 98682, on May 4, 2017, at 3:00 p.m.
Date of Intended Adoption: May 4, 2017.
Submit Written Comments to: Paul Mairose, 11815 N.E. 99th Street, Suite 1294, Vancouver, WA 98682, email Paul@swcleanair.org, fax (360) 576-0925, by April 28, 2017.
Assistance for Persons with Disabilities: Contact Tina Hallock by May 2, 2017, TTY (360) 574-3058.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule change removes reference to specific fees and registration citation and directs the reader to consult the current Consolidated Fee Schedule.
Reasons Supporting Proposal: This proposed change is part of a process to consolidate all agency fees into a single location to make it easier for affected parties to locate applicable fees. It will also remove the fees from the rule and establish a process for public notice and board consideration of changes without going through the complicated and lengthy rule-making process. The procedure for adoption and revision of the Consolidated Fee Schedule is provided for under SWCAA 400-098.
Statutory Authority for Adoption: RCW 70.94.141.
Statute Being Implemented: RCW 70.94.141.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: SWCAA, governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: Paul Mairose, 11815 N.E. 99th Street, Suite 1294, Vancouver, WA 98682, (360) 574-3058; and Enforcement: Uri Papish, 11815 N.E. 99th Street, Suite 1294, Vancouver, WA 98682, (360) 574-3058.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Changes proposed by SWCAA are consistent with federal or state rules already in effect. This agency is not subject to the small business economic impact provision of chapter 19.85 RCW. A fiscal analysis has been performed to establish the basis for any proposed fee increases. Copies of this analysis are available from SWCAA.
A cost-benefit analysis is not required under RCW 34.05.328. Pursuant to RCW 70.94.141(1), section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. SWCAA is not voluntarily invoking section 201, chapter 403, Laws of 1995, for this action.
February 1, 2017
Uri Papish
Executive Director
AMENDATORY SECTION (Amending WSR 95-10-003, filed 4/20/95, effective 5/21/95)
SWCAA 492-050 Registration Requirements
(1) Each blender who offers for sale, sells, or dispenses gasoline in the ((Authority's)) Agency's control area shall register with the ((Authority)) Agency each year. Each request for registration shall be on forms supplied by the ((Authority)) Agency and shall be accompanied by a fee to compensate for the cost of administering the registration program, including on-site inspections necessary to verify compliance with these requirements. The location of each blender facility shall be included in the information provided by the blender at registration. The fee for a control area shall be based on the volume of oxygenated gasoline sold or offered for sale by the blender in that control area to comply with the provisions of SWCAA 492-040. Applicable fees are required to be paid in full by October 1 of each year or within 30 days after becoming a blender, whichever occurs later. Fees shall be paid as provided in the current Consolidated Fee Schedule established in accordance with SWCAA 400-098. ((The following fee table shall apply to blenders:
(2) The total annual oxygenated fuel fees collected and retained by the ((Authority)) Agency under this program shall not exceed $40,000. When the total fees submitted by all blenders on October 1 of each year exceeds $40,000, there shall be a refunding of the excess fees collected by the ((Authority)) Agency. The refund provided to each blender shall be derived by prorating the excess fees based on that company's ratio of its volume of oxygenate blended to the total volume of all oxygenate blended. Such refund shall be issued by the ((Authority)) Agency by December 1 of each year and is applicable to all types of oxygenates.
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