WSR 17-08-034 PROPOSED RULES SPOKANE REGIONAL CLEAN AIR AGENCY [Filed March 29, 2017, 10:02 a.m.]
Original Notice.
Proposal is exempt under RCW 70.94.121(1).
Title of Rule and Other Identifying Information: Amend SRCAA Regulation I, Article X: Fees and Charges.
Hearing Location(s): Spokane Regional Clean Air Agency (SRCAA), 3104 East Augusta Avenue, Spokane, WA 99207, on June 1, 2017, at 9:30 a.m.
Date of Intended Adoption: June 1, 2017.
Submit Written Comments to: Margee Chambers, 3104 East Augusta Avenue, Spokane, WA 99207, email PublicComment@spokanecleanair.org, fax (509) 477-6827, by June 1, 2017, close of hearing.
Assistance for Persons with Disabilities: Contact Mary Kataoka by May 30, 2017, (509) 477-4727 ext. 100.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Purpose: SRCAA is proposing to revise SRCAA Regulation I, Article X: Fees and Charges, to improve clarity and readability, include fee calculation methodology to allow hourly fee rates to reflect program hourly costs, and update formatting for consistency among articles.
Anticipated effects: The proposed regulation amendments will improve clarity, readability, formatting consistency, and adjust specific fees as the agency works towards full cost recovery of fee based programs.
Changes to existing rules: Proposed changes to SRCAA Regulation I, Article X: Fees and Charges include: Formatting updates to increase consistency among articles; text edits to improve clarity and readability; remove registration information late fee subsection; update calculating annual registration fee without required registration information text and move; update additional fee for failure to pay text and renumber; add new subsection method of calculating fees; include fee calculation methodology to include formula used to calculate hourly fee for acid deposition fee and miscellaneous fees; clarify the fee structure for variance fee that is outlined in Article III, revise fee structure and include fee calculation methodology to include formula used to calculate hourly fee for fees for changes to an order of approval or permission to operate, permit application fee, and paving waiver fee; add payment of fees subsection to clarify payment is required; and remove duplicative periodic fee review text from multiple sections and insert updated periodic fee review text to one subsection.
Reasons Supporting Proposal: The intent of the proposed regulation amendments will improve readability and understanding and adjust specific fees as the agency works towards full cost recovery of fee based programs.
Statutory Authority for Adoption: RCW 70.94.141.
Statute Being Implemented: Chapter 70.94 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: SRCAA, governmental.
Name of Agency Personnel Responsible for Drafting: Margee Chambers, SRCAA, (509) 477-4727; Implementation and Enforcement: Finance and HR section manager, SRCAA, (509) 477-4727.
No small business economic impact statement has been prepared under chapter 19.85 RCW. SRCAA is not subject to the small business economic impact provision of the Administrative Procedures [Procedure] Act, and is not a school district.
A cost-benefit analysis is not required under RCW 34.05.328. SRCAA is a local air agency, per RCW 70.94.141, RCW 34.05.328 does not apply.
March 29, 2017
Margee Chambers
Rule Writer/SIP Planner
AMENDATORY SECTION
SPOKANE REGIONAL CLEAN AIR AGENCY (SRCAA) REGULATION I, ARTICLE X: FEES AND CHARGES
SECTION 10.01 DEFINITIONS
(A) Unless a different meaning is clearly required by context, words and phrases used in Regulation I, ((this article)) Article X, shall have the following meaning:
((A.)) (1) Emission Fee means the component of a registration fee or operating permit fee, which is based on total actual annual emissions of criteria and toxic air pollutants, except as provided in Section ((10.02.B)) 10.06 (B)(2). In the case of a new or modified source or a source being registered initially, the emission fee is based on projected emissions as presented in an approved ((Notice of Construction)) NOC or registration form.
((B.)) (2) Registration Period means the calendar year for which an annual fee has been assessed ((pursuant to)) per Section ((10.06.B.1.)) 10.06 (B)(1).
SECTION 10.02 FEES AND CHARGES REQUIRED
((A. Registration information not submitted within 45 days pursuant to Section 4.02.
If registration information is submitted after 45 days, a processing fee of $100 shall be added to the registration fee invoice.))
((B. Method of calculating registration fees in Section 10.06 when registration information required in Section 4.02 is not submitted within 90 days.
Any owner, operator, or designated agent that fails to submit registration information to the Authority within 90 days of the registration information request issue date or prior to the registration fee invoice date, whichever is later, shall be assumed to be operating at the source's maximum potential production rate and the registration fee specified in Section 10.06 will be assessed on that basis.))
(A) Additional Fee for Failure to Pay. Any fee assessed under Article X shall be paid within forty-five (45) days of assessment. Failure to pay an assessed fee in full within ninety (90) days of assessment will result in the imposition of an additional fee equal to three (3) times the amount of the original fee assessed.
((C. Additional fee for failure to pay any fee within 90 days of assessment.
Any fee assessed pursuant to Article X shall be paid within 45 days of assessment. Any person who is more than 45 days late (i.e., more than 90 days from assessment) with such payment shall pay an additional fee equal to three times the amount of the original fee owed.))
Revenues collected ((pursuant to)) per RCW 70.94.161 shall be deposited in the operating permit program dedicated account and shall be used exclusively for the program.
(C) Method of Calculating Fees in Article X. Invoice totals will be rounded-up to the nearest one (1) dollar, except for photocopy and postage fees.
(D) Periodic Fee Review. The Board shall periodically review all agency fees in the Fee Schedule, and determine if the total projected fee revenue to be collected is sufficient to fully recover direct and indirect program costs. If the Board determines that the total projected fee revenue significantly exceeds or is insufficient for the program costs, then the Board shall amend the Fee Schedule to more accurately recover program costs. Any proposed fee revisions shall include opportunity for public review and comment.
SECTION 10.03 FEES OTHERWISE PROVIDED
((A.)) All fees and charges provided for in ((this)) Article X are in addition to fees otherwise provided for or required to be paid by Regulation I, PROVIDED the Control Officer shall waive payment of any fee or service charge hereby required if the Control Officer determines that such fee is duplicative of a fee charged or required to be paid by another Article of this Regulation.
SECTION 10.04 RESERVED
SECTION 10.05 GENERAL ADMINISTRATIVE FEES
((B.)) (B) Postage. The actual cost of postage shall be charged for all material requested to be mailed [RCW 42.56.070 (7)(a)].
((C.)) (C) Other Services. For other administrative services requested and performed by ((Authority)) Agency staff, which are not provided to the public generally, the Control Officer shall determine such charge as reasonably reimburses the ((Authority)) Agency for time and materials expended in providing the service.
Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040. SECTION 10.06 ANNUAL REGISTRATION AND ANNUAL AIR OPERATING PERMIT (AOP) FEES FOR AIR CONTAMINANT SOURCES
((A.)) (A) Annual Fee. Each source required by Regulation I, Article IV, Section 4.01 to be registered, each ((air operating permit)) AOP source, and each source required by Article V, Section 5.02 to obtain an approved Notice of Construction (NOC) and Application for Approval is ((subject)) required to pay to an annual fee for each calendar year, or portion of each calendar year, during which it operates. The owner, ((or)) operator, or both, shall be responsible for payment of the fee ((, pursuant to)) per the requirements in Article X, Section ((10.02)) 10.06. Fees received ((pursuant to)) as part of the registration program or the operating permit program shall not exceed the actual costs of program administration.
((B.)) (B) Annual Registration Fee. The annual fee for each source required by Article IV, Section 4.01 to be registered and that is not subject to Article X, Section ((10.06.C.)) 10.06(C) ((of this Regulation)) shall be determined by adding all of the applicable fees below:
((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 may amend the fee schedule to more accurately recover program costs.))
(2) Calculating Annual Registration Fee without Required Registration Information. When registration information required in Article IV, Section 4.02 is not provided, the annual registration fee will be based on the source's maximum potential production rate. This method will be used:
(a) When registration information is not received within ninety (90) days of request, or
(b) Prior to the registration fee invoice date, whichever is later.
((C.)) (C) Annual AOP Fee. The annual fee for each ((air operating permit)) AOP 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.))
(1) AOP Annual Fee. For sources that are subject to the ((air operating permit (AOP))) AOP program during any portion of the calendar year, the annual fee shall be determined by adding all of the applicable fees described below:
((a.)) (a) Annual base fee per the Fee Schedule.
((b.)) (b) Emission fee per the Fee Schedule.
((c.)) (c) ((SRCAA)) Agency time fee, as determined per the Fee Schedule.
((d.)) (d) AOP Program Cost Correction, as determined per the Fee Schedule.
((e.)) (e) A share of the assessment by Ecology ((pursuant to)) per RCW 70.94.162(3), as determined per the Fee Schedule.
((3.)) (2) Acid Deposition Fee. For affected units under Section 404 (Acid Deposition Standards) of the Federal Clean Air Act (42 USC 7401 et seq), the air operating permit fee shall be determined by adding all of the applicable fees described below:
((a.)) (a) The AOP Acid Deposition Fee shall be calculated as follows:
1. Hourly Fee. The hourly fee is calculated by multiplying the total staff time spent in reviewing and processing the request (rounded-up to the nearest half-hour), by the hourly rate as listed in the Fee Schedule, ((For)) for time expended in carrying out the fee eligible activities specified in ((RCW)) Chapter 70.94 RCW((, an hourly fee will be assessed pursuant to the fee schedule)); and
((b.)) 2. Ecology Assessment. A share of the assessment by Ecology ((pursuant to)) per RCW 70.94.162(3), as determined per the Fee Schedule.
(b) Hourly Rate. The hourly rate is calculated by:
Hourly Rate = Total AOP Program Costs
Total AOP Program Hours
(c) Hourly Rate Revision. Revisions to the hourly rate are based on a three (3) year average of the three (3) most representative fiscal years out of the four (4) recent fiscal years, rounded-up to the nearest one (1) dollar.
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 10.07 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)))
((A.)) (A) NOC and ((NOI)) Notice of Intent Fees.
((1.)) (1) Base Fee.
((a.)) (a) For each project required by Regulation I, Article V, to file a NOC or a ((NOI)) Notice of Intent, the applicant shall pay a base fee ((pursuant to)) per the ((fee schedule)) Fee Schedule. Base fee classes are listed below.
((1))) 1. Class I – Notice of Intent. ((Permit))
Notice of Intent ((permits for)) to install and operate portable stationary sources and temporary stationary sources include the following:
((2))) 2. Class II – Simple ((Notice of Construction)) NOC. ((Permit))
Simple ((permits)) NOCs ((generally conform to a template and involve minimal off-site impact evaluation. They)) include the following:
((3))) 3. Class III – Standard ((Notice of Construction)) NOC. ((Permit))
Standard ((permits)) NOCs ((generally include those that don't conform to a template and involve minimal off-site impact evaluation. They)) include the following:
((4))) 4. Class IV – Complex ((Notice of Construction)) NOC. ((Permit.))
Complex ((permits)) NOCs ((generally include those that don't conform to a template and involve more complex off-site impact evaluation. They)) include the following:
((b.)) (b) For sources/source categories not listed in Section ((10.07.A.1.a)) 10.07 (A)(1)(a), ((above, NOI)) Notice of Intent 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. (c) For sources with one or more emission points under one NOC application, as allowed in Article V, 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.)) (2) ((Modification/Revision Fee)) Fees for Changes to an Order of Approval or Permission to Operate.
(a) An owner or operator requesting a modification, revision, and/or change in conditions of an approved Order of Approval or Permission to Operate, under Article V, Section 5.10.C., shall pay a revision fee as listed in the Fee Schedule. The revision fee will be assessed each time a request is submitted and will be invoiced to the owner or operator, or both with the final determination.
(b) The revision fee is calculated by adding all the applicable fees described below:
1. Minimum Fee. The minimum fee, as listed in the Fee Schedule, will be assessed for all revision request reviews. The minimum fee includes the first three (3) hours of staff time spent in reviewing and processing the request; and
2. Hourly Fee. The hourly fee is calculated by multiplying the total staff time spent in reviewing and processing the request beyond the first three (3) hours covered in 10.07 (A)(2)(b)1. (rounded-up to the nearest half-hour), by the hourly rate as listed in the Fee Schedule.
(c) Fee Determinations.
1. Flat Fee. The revision flat fee is the calculated by multiplying three (3) hours by the hourly rate listed in the Fee Schedule.
2. Hourly Rate. The hourly rate is calculated by:
Hourly Rate = Total NOC and NOI Program Costs
Total NOC and NOI Program Hours
3. Hourly Rate Revision. Revisions to the hourly rate are based on a three (3) year average of the three (3) most representative fiscal years out of the four (4) recent fiscal years, rounded-up to the nearest one (1) dollar.
((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 an equipment modification 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 permit condition revision fee pursuant to the fee schedule, except when a complex permit condition revision fee is required pursuant to Section 10.07.A.2.c.))
((c. Complex Permit Condition Revision Fee
Applicants of sources requesting a change in conditions pursuant to Section 5.10.C of this Regulation shall pay a complex permit condition revision fee pursuant to the fee schedule when dispersion modeling, impact analysis, or emission calculations are required which are not covered under Section 10.07.A.3.))
((3.)) (3) Additional Fees (for each application).
((a.)) (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)) per the State Environmental Policy Act (SEPA) Chapter 197-11 WAC is required, in association with a NOC or a ((NOI)) Notice of Intent, the applicant shall pay a SEPA or EIS review fee ((pursuant to)) per the ((fee schedule)) Fee Schedule.
((b.)) (b) Toxics Review Fee.
For any new source of air pollution which requires review ((pursuant to)) per 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 Article V, 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))) 1. Small Quantity Emission Rate (SQER).
For a new source using WAC ((173-460-080 (2)(e))) 173-460-080 (2)(b), 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)) per the ((fee schedule)) Fee Schedule.
((2))) 2. Dispersion Modeling.
For a new source using dispersion screening models (e.g., EPA SCREEN or TSCREEN) under WAC ((173-460-080 (2)(c))) 173-460-080 (2)(a) 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)) per the ((fee schedule)) Fee Schedule.
((3))) 3. Advanced Modeling.
For a new source using more refined dispersion models (e.g., EPA ISC3) under WAC ((173-460-080 (2)(c))) 173-460-080 (2)(a) 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)) per the ((fee schedule)) Fee Schedule.
((c.)) (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)) per the ((fee schedule)) Fee Schedule.
((d.)) (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)) per the ((fee schedule)) Fee Schedule.
((e.)) (e) Best Available Control Technology (BACT) Review Fee:
((1))) 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))) 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)) per the ((fee schedule)) Fee Schedule.
((3))) 3. Top-Down BACT Review (as described in EPA's Draft New Source Review Workshop Manual from October 1990 and as summarized ((below)) here).
A top-down BACT review ((is one that)) requires the ranking of 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 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)) per the ((fee schedule)) Fee Schedule.
((B.)) (B) Payment of Fees.
((1.)) (1) ((At the Time of)) Upon Submission of Application.
The base fee shall be paid at the time the application is submitted. Review of the application will not commence until the applicable base fee is received.
((2.)) (2) After Application.
((a.)) (a) ((Payment of Fees for)) Complete Applications.
The Agency will invoice the owner, operator, or both, ((or applicant)) for all other applicable fees. The fees shall be paid ((without regard to)) whether the application ((associated with this section are)) is approved or denied.
((b.)) (b) ((Payment of Fees for)) Incomplete Applications.
1. If an owner,, operator, or both, ((or applicant)) notifies ((SRCAA)) the Agency in writing that an ((incomplete)) application will not be completed or cancels the application; or the application remains incomplete for more than three (3) months; (((i.e., the application is neither approved or denied),)) the Agency will invoice the owner, operator, or both, for payment of applicable fees. ((for review performed pursuant to A.2 and A.3 of this section shall be invoiced.))
2. ((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)) 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 eighteen (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.)) (D) Compliance Investigation Fee.
((Where)) When a compliance investigation is conducted ((pursuant to)) per Article V, Section 5.12 ((of this Regulation)), the compliance investigation fee shall be assessed ((pursuant to)) per the ((fee schedule)) 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 may 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: 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.)) (A) Miscellaneous Fees.
((1.)) (1) Emission Reduction Credit Fee.
(a) Review of emission reduction credits ((pursuant to)) per WAC 173-400-131 shall require the applicant to pay an emission reduction credit fee ((pursuant to)) per the ((fee schedule)) Fee Schedule.
(b) The fee is calculated by multiplying the total staff time spent reviewing and processing the request, rounded-up to the nearest half-hour, by the hourly rate, per the Fee Schedule.
(c) Hourly Rate. The hourly rate is calculated by:
Hourly Rate = Total NOC and NOI Program Costs
Total NOC and NOI Program Hours
(d) Hourly Rate Revision. Revisions to the hourly rate are based on a three (3) year average of the three (3) most representative fiscal years out of the four (4) recent fiscal years, rounded-up to the nearest one (1) dollar.
((2.)) (2) Variance Request Fee.
(a) Processing a variance request ((pursuant to)) per RCW 70.94.181 or Regulation I, Article III, ((of this Regulation)) shall require the applicant to pay a variance request fee ((pursuant to)) per the ((fee schedule)) Fee Schedule. The fee will be assessed each time a request is submitted and will be invoiced to the applicant with the final determination.
(b) The variance request fee is calculated by adding all of the applicable fees described below:
1. Filing fee per the Fee Schedule.
2. Agency legal fees.
3. Agency legal notice fees.
4. Hourly fee. The hourly fee is calculated by multiplying the total staff time spent in reviewing and processing the request, rounded-up to the nearest half-hour, by the hourly rate, as listed in the Fee Schedule.
(c) Fee Determination.
1. The hourly rate is calculated by:
Hourly Rate = Total Program Costs
Total Program Hours
2. Revisions to the hourly rate are based on a three (3) year average of the three (3) most representative fiscal years out of the four (4) recent fiscal years, rounded-up to the nearest one (1) dollar.
((3.)) (3) Alternate Opacity Fee.
(a) Review of an alternate opacity limit ((pursuant to)) per RCW 70.94.331 (2)(c) shall require the applicant to pay an alternate opacity fee ((pursuant to)) per the ((fee schedule)) Fee Schedule.
(b) The fee is calculated by multiplying the total staff time spent in reviewing and processing the request, rounded-up to the nearest half-hour, by the hourly rate, as listed in the Fee Schedule.
(c) Hourly Rate. The hourly rate is determined by:
Hourly Rate = Total NOC and NOI Program Costs
Total NOC and NOI Program Hours
(d) Hourly Rate Revision. Revisions to the hourly rate are based on a three (3) year average of the three (3) most representative fiscal years out of the four (4) recent fiscal years, rounded-up to the nearest one (1) dollar.
((4.)) (4) Other Services Fee.
(a) Applicants of other services including:
1. Requests under the following sections of Regulation I, Article VI, 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.
2. Registration exemption requests.
3. Other.
(b) Applicants ((those listed below)) shall pay a fee ((pursuant to)) per the ((fee schedule)) Fee Schedule.
(c) The fee is calculated by multiplying the total staff time spent in reviewing and processing the request, rounded-up to the nearest half-hour, by the hourly rate, as listed in the Fee Schedule.
(d) Hourly Rate. The hourly rate is calculated by:
Hourly Rate = Total NOC and NOI Program Costs
Total NOC and NOI Program Hours
(e) Hourly Rate Revision. Revisions to the hourly rate are based on a three (3) year average of the three (3) most representative fiscal years out of the four (4) recent fiscal years, rounded-up to the nearest one (1) dollar.
((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 may 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.))
(B) Payment of Fees. The Agency will invoice the owner, operator, or both, for all applicable fees. The fees shall be paid without regard to whether the request(s) associated with Article X, Section 10.08 (A)(1), (2), (3) and (4) are approved or denied; except Section 10.08 (A)(2) as provided in Article III, Section 3.02.B.
SECTION 10.09 ASBESTOS PROJECT AND DEMOLITION NOTIFICATION WAITING PERIOD AND FEES
((A.)) (A) Written notification, as required in Article IX, Section 9.04, shall be in accordance with the waiting period in the tables that follow and shall be accompanied by the appropriate nonrefundable fee, as specified in the ((fee schedule)) Fee Schedule. Refunds are allowable for overpayments which are identified within thirty days of the notification filing date.
* If prior notice isn't possible because of life endangerment or other serious consequences, the Agency may accept, at its discretion, a completed emergency notification if it is filed no later than the first regular Agency work day after the asbestos project and/or demolition commenced.
((B. 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. If the Board determines that the total projected fee revenue is either significantly excessive or deficient for this purpose, then the Board may amend the fee schedule to more accurately recover program costs.))
SECTION 10.10 SOLID FUEL BURNING DEVICE EXEMPTIONS
((A.)) (A) An initial, nonrefundable fee of $25 shall be paid for review of any exemption request to use a 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 for emergency situations.
((B.)) (B) Fees shall be paid without regard to whether the request(s) associated with this Section are approved or denied.
SECTION 10.11 RESERVED
SECTION 10.12 AGRICULTURAL BURNING FEES
((A.)) (A) For agricultural burning permits issued by the Agency ((pursuant to)) per Regulation I, Article VI, Section 6.11 ((of this Regulation)), a fee equal to the maximum fee provided for in Chapter 173-430 WAC shall be submitted with a complete agricultural burning permit application.
((B.)) (B) Refunds of fees collected by the Agency will be provided for acres or tons permitted but not burned, provided that the total nonrefundable fee is no less than the minimum fee specified in Chapter 173-430 WAC.
((C.)) (C) Acreage equivalency, if applicable, shall be in accordance with the determination of the agricultural burning practices and research task force ((pursuant to)) per Chapter 173-430 WAC.
((D.)) (D) Fees shall be paid without regard to whether the request(s) associated with ((this)) Article X, Section 10.12 are approved or denied.
SECTION 10.13 OUTDOOR BURNING WAITING PERIOD AND FEES
(A) Permit Application. An outdoor burning permit application must be completed and submitted to ((SRCAA)) the Agency ((pursuant to)) per Regulation I, Article VI, Section 6.01 ((of this Regulation)). Incomplete applications ((, including applications not)) and applications received without the applicable fee, will be returned to the applicant.
((A.)) (B) Advance Application Period.
A complete and accurate application must be received by ((SRCAA)) the Agency in advance of the first proposed burn date by the number of working days specified in the table below.
* Unless otherwise approved by the Agency.
((B.)) (C) Permit Application Fees.
((1.)) (1) ((Flat Fees)) Review Fee. A nonrefundable review fee per the Fee Schedule shall accompany all outdoor burning permit applications.
((The application shall be accompanied by the full fee as specified in the outdoor burning fee schedule.)) The fee shall be paid ((regardless of)) whether or not burning is conducted. ((under an approved permit. If a permit is denied, the applicant may request a refund for the fee paid less the nonrefundable fee as specified in the outdoor burning fee schedule.))
((2.)) (2) Hourly ((Fees)) Fee for Other Outdoor Burning Permits (Section 6.01.D.13.).
((For hourly fees, the application shall be accompanied by a minimum nonrefundable fee as specified in the outdoor burning fee schedule.)) The hourly fee is calculated by multiplying the total staff time spent in reviewing and processing the outdoor burning application beyond the first one (1) hour covered in Section 10.13 (C)(1) (rounded-up to the nearest half-hour) and multiplied by the hourly rate, as listed in the Fee Schedule. A billing invoice for the hourly fee will be sent to the applicant. ((for time spent reviewing the outdoor burning application, determining if it is complete, following up with the applicant as necessary, performing a site inspection (including travel time), and issuing a permit or denying the permit. For hourly fees, the)) The entire fee assessed on the ((billing)) invoice is nonrefundable, and shall be paid whether or not burning is conducted.
(3) Fee Determination.
(a) Hourly Rate. The hourly rate is determined by:
Hourly Rate = Total Outdoor Burning Program Costs
Total Outdoor Burning Program Hours
(b) Hourly Rate Revision. Revisions to the hourly rate are based on a three (3) year average of the three (3) most representative fiscal years out of the four (4) recent fiscal years, rounded-up to the nearest one (1) dollar.
SECTION 10.14 PAVING WAIVER FEES
((A.)) (A) Review Fee.
(1) A minimum nonrefundable ((filing and)) review fee as specified in the ((fee schedule)) Fee Schedule shall accompany all paving waiver requests submitted to the Agency. The fee shall be paid whether or not the paving waiver is approved or denied.
(2) Paving waiver review fee is calculated by multiplying the hourly rate by one (1) hour.
(3) Hourly Rate. The hourly rate is determined by:
Hourly Rate = Average of compliance activities program costs
Average of compliance activities program hours
(4) Hourly Rate Revision. Revisions to the hourly rate are based on a three (3) year average of the three (3) most representative fiscal years out of the four (4) recent fiscal years, rounded-up to the nearest one (1) dollar.
((After the first hour of filing and review, an additional hourly fee as specified in the fee schedule shall be paid by the applicant for each hour of time expended by the Agency 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.))
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||