WSR 18-04-017 PERMANENT RULES SPOKANE REGIONAL
CLEAN AIR AGENCY
[Filed January 26, 2018, 2:46 p.m., effective March 1, 2018] Effective Date of Rule: March 1, 2018. Purpose: The purpose of the amendments to Spokane Regional Clean Air Agency (SRCAA) Regulation I are to develop a regulatory program for marijuana producers and processors to minimize air contaminants. Amendments to Article IV, Exhibit R 63. and 64. includes marijuana production and processing in SRCAA's registration program, and 9.e.12 to include marijuana processing equipment if it triggers air permitting requirements. Amendments to Article V, Section 5.02.P.2., exempts marijuana producers and processors from air permitting requirements, unless the operations have equipment that triggers permitting requirements. New Section 6.18 in Article VI includes standards to minimize air contaminants from marijuana producers and processors. New Section 10.15 in Article X develops the registration fee structure for marijuana producers and processors. The anticipated effects include reductions in air contaminant emissions, to ensure that marijuana production and processing operations are in compliance with air quality regulations, to maintain an accurate inventory of air contaminants released into Spokane County's air, and to begin receiving revenue to support program costs. Citation of Rules Affected by this Order: New SRCAA Regulation I, Article VI, Section 6.18; Article X, Section 10.15; and amending SRCAA Regulation I, Article IV, Exhibit R, 9.e.12). 63., 64; Article V, Section 5.02.P.2. Statutory Authority for Adoption: RCW 70.94.141. Other Authority: Chapter 70.94 RCW. Adopted under notice filed as WSR 17-21-073 on October 16, 2017. Changes Other than Editing from Proposed to Adopted Version: Replaced effective date space savers within the regulatory text to actual rule effective date of March 1, 2018. Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0. Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0. Number of Sections Adopted on the Agency's own Initiative: New 2, Amended 2, Repealed 0. Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0. Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Date Adopted: January 4, 2018. Margee Chambers Rule Writer/SIP Planner
AMENDATORY SECTION, SRCAA Regulation I, Article IV, Exhibit R, 9.e.12), 63., and 64.
EXHIBIT R – STATIONARY SOURCE AND STATIONARY SOURCE CATEGORIES SUBJECT TO REGISTRATION
NOTE: Emission rates in this Section are based on uncontrolled PTE emissions, unless otherwise noted.
1. Acid production plants, including all acids listed in Chapter 173-460 WAC.
2. Abrasive blasting operations, except portable blasting operations operating at a construction site, or at a site for less than 30 days in any running 12-month period and operations that are inside a building and any associated air pollution control equipment that exhausts inside of the building.
3. Agricultural chemicals, manufacturing, mixing, packaging and/or other related air contaminant emitting operations (fertilizer concentrates, pesticides, etc.).
4. Agricultural drying and dehydrating operations.
5. Alumina processing operations.
6. Ammonium sulfate manufacturing plants.
7. Any stationary source category that qualifies as construction, reconstruction or modification of an affected facility, within the meaning of 40 CFR Part 60 - New Source Performance Standards (NSPS), effective the date listed in Article II, Section 2.13 of this Regulation; except Part AAA, (New Residential Wood Heaters). Ecology is responsible for regulation of projects subject to BB (Kraft Pulp Mills) and Subpart S (Primary Aluminum Reduction Plants);
8. a. Any stationary source that qualifies as a new or modified stationary source within the meaning of 40 CFR 61.02 - National Emission Standards for Hazardous Air Pollutants (NESHAP), (effective the date listed in Article II, Section 2.13 of this Regulation); except for asbestos on roadways, asbestos demolition or renovation activities subject to 40 CFR 61.145 and;
b. Any stationary source that qualifies as a new stationary source within the meaning of 40 CFR 63.2 - National Emission Standards for Hazardous Air Pollutants for Source Categories (commonly referred to as MACT Standards), effective the date listed in Article II, Section 2.13 of this Regulation;
c. Any stationary source that qualifies as a new major stationary source, or a major modification;
d. Any modification to a stationary source that requires an increase either in a facility-wide emission limit or in a unit specific emission limit.
9. A stationary source listed in 9.e., below that:
a. emits any single criteria pollutant, or its precursors, as defined in 40 CFR § 51.852, exceeding emission rates of 0.5 tons per year, or in the case of lead, emissions rates greater than or equal to .005 tons per year, or
b. emits toxic air pollutants, as defined in Article I, Section 1.04 of this Regulation, with emission rates exceeding the small quantity emission rates established in WAC 173-460-080, or
c. emits combined air contaminants (criteria, VOCs, or TAPs) in excess of 1.0 ton per year, or
d. emits combined toxic air pollutant and volatile organic compound emissions greater than 0.5 tons per year.
e. The above criteria in 9.a. through 9.d. applies to the following stationary source categories:
1) Bakeries,
2) Bed lining or undercoating production or application operations,
3) Degreasers/solvent cleaners, not subject to 40 CFR Part 63, Subpart T (Halogenated Solvent Cleaners); including, but not limited to, vapor, cold, open top and conveyorized cleaner,
4) Evaporators,
5) Graphic art systems including, but not limited to, lithographic and screen printing operations,
6) Organic vapor collection systems within commercial or industrial facilities,
7) Soil and groundwater remediation operations,
8) Sterilizing operations, including, but not limited to EtO and hydrogen peroxide, and other sterilizing operations,
9) Utilities, combination electric and gas, and other utility services (SIC 493/NAICS 221111 through 221210, not in order given),
10) Wood furniture stripping and treatment operations (commercial only), and
11) Any stationary source or stationary source category not otherwise identified in this exhibit.
12) Marijuana processors.
10. Any stationary source with significant emissions as defined in Article I, Section 1.04 of this Regulation.
11. Any stationary source required to obtain an approved Notice of Construction and Application for Approval under Article V of this Regulation.
12. Any stationary source (including stationary sources that generate fugitive emissions) for which the Control Officer determines that registration is necessary in order to reduce the potential impact from the stationary source's air emissions on: the health, safety, and/or welfare of the public, or unreasonable interference with any other property owner's use and enjoyment of his property, or damage to other property owner's property or business.
13. Any stationary source where the owner or operator has elected to avoid one or more requirements of the operating permit program established in Chapter 173-401 WAC, by limiting its potential-to-emit (synthetic minor) through an order issued by the Authority.
14. Any stationary source that is required to report periodically to demonstrate nonapplicability to requirements under Sections 111 or 112 of the Federal Clean Air Act.
15. Asphalt and asphalt products production operations (asphalt roofing and application equipment excluded).
16. Brick and clay products manufacturing operations (tiles, ceramics, etc). Noncommercial operations are exempt.
17. Bulk gasoline and aviation gas terminals, bulk gasoline and aviation gas plants, and gasoline and aviation gas loading terminals.
18. 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.
19. Chemical manufacturing operations.
20. Coffee roasting operations.
21. Composting operations, including commercial, industrial and municipal, except noncommercial agricultural and noncommercial residential composting activities.
22. Concrete production operations and ready mix plants.
23. Dry cleaning operations, using solvents that emit toxic air pollutants or volatile organic compounds.
24. Materials handling and transfer facilities that generate fine particulate and that exhaust more than 1,000 acfm to the ambient air, which may include pneumatic conveying, cyclones, baghouses, and industrial housekeeping vacuuming systems that exhaust to the atmosphere.
25. Flexible polyurethane foam, polyester resin, and styrene production operations.
26. Flexible vinyl and urethane coating operations.
27. Fuel burning equipment, including but not limited to boilers, building and process heating units (external combustion) with per unit heat inputs greater than or equal to:
a. 500,000 Btu/hr using coal or other solid fuels with ≤ 0.5% sulfur;
b. 500,000 Btu/hr using used/waste oil, per the requirements of RCW 70.94.610;
c. 1,000,000 Btu/hr using kerosene, #1, #2 fuel oil, or other liquid fuel, except used/waste oil;
d. 4,000,000 Btu/hr using gaseous fuels, such as, natural gas, propane, methane, LPG, or butane, including but not limited to, boilers, dryers, heat treat ovens and deep fat fryers; and
e. 400,000 Btu/hr, wood, wood waste, or paper.
28. Gasoline dispensing facilities, subject to Chapter 173-491 WAC, and aviation gas dispensing facilities with total tank capacities greater than 10,000 gallons.
29. Grain handling; seed, pea and lentil processing facilities. Registration shall be in accordance with Section 4.03.B.
30. Hay cubing operations and pelletizers, established at a dedicated collection and processing site.
31. Incinerators; as defined in Section 1.04 of this Regulation, including human and pet crematories and other solid, liquid, and gaseous waste incinerators.
32. Insulation manufacturing operations.
33. Metal casting facilities and foundries, ferrous.
34. Metal casting facilities and foundries, nonferrous.
35. Metal plating and anodizing operations.
36. Metallic and nonmetallic mineral processing, including, but not limited to, rock crushing, sand and gravel mixing operations.
37. Metallurgical processing operations.
38. Mills; lumber, plywood, shake, shingle, woodchip, veneer operations, dry kilns, pulpwood insulating board, grass/stubble pressboard, pelletizing, or any combination thereof.
39. Mills; grain, seed, feed and flour production and related operations
40. Mills; wood products manufacturing operations (including, but not limited to, cabinet works, casket works, furniture and wood by-products).
41. Mineralogical processing operations.
42. Natural gas transmission and distribution (SIC 4923/NAICS 486210 and 221210, respectively).
43. Ovens/furnaces, kilns and curing, burnout, (including, but not limited to, ovens/furnaces that heat clean automotive parts, paint hooks, electric motors, etc.) except those that would otherwise be exempt under item 27.
44. Paper manufacturing operations, except Kraft and sulfite pulp mills.
45. Petroleum refineries.
46. Pharmaceuticals production operations.
47. Plastics and fiberglass fabrication, including gelcoat, polyester resin, or vinylester coating operations using more than 55 gallons per year of all materials containing volatile organic compounds or toxic air pollutants.
48. Refuse systems (SIC 4953/NAICS 562213, 562212, 562211, & 562219, respectively), including municipal waste combustors; 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 (POTWs).
49. Rendering operations.
50. Sewerage systems, private and publicly owned treatment works (POTWs) with a rated capacity of more than 1 million gallons per day (SIC 4952/NAICS 221320).
51. Semiconductor manufacturing operations.
52. Internal combustion engines used for standby, back-up operations only, and rated at or above five hundred brake horsepower.
53. Stationary internal combustion engines, other than engines used for standby or back-up operations, that are rated at one hundred brake horsepower or more, that are integral to powering a stationary source or stationary source category, including but not limited to, rock crushing, stump and woodwaste grinding, and hay cubing operations.
54. Stump and woodwaste grinding established at a dedicated collection and processing site.
55. Storage tanks for organic liquids, within commercial or industrial facilities, with capacities greater than 20,000 gallons.
56. Surface coating, adhesive, and ink manufacturing operations.
57. Surface coating operations, including; automotive, metal, cans, pressure sensitive tape, labels, coils, wood, plastic, rubber, glass, paper, and other substrates.
58. Synthetic fiber production operations.
59. Synthetic organic chemical manufacturing operations.
60. Tire recapping operations.
61. Wholesale meat/fish/poultry slaughter and packing plants.
62. Startup of a new air contaminant source at a site where:
a. a previous air contaminant source was located; and
b. the nature of the business or pollutants of the new air contaminant source is different from the previous air contaminant source.
63. Marijuana producers.
64. Marijuana processors with direct processing of the marijuana plant and plant material (dry, cure, extract, compound, convert, package, and label usable marijuana and marijuana concentrates).
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. AMENDATORY SECTION, SRCAA Regulation I, Article V, Section 5.02.P.2.
SECTION 5.02 NOTICE OF CONSTRUCTION (NOC) – WHEN REQUIRED
A. A Notice of Construction application must be filed by the owner or operator and an order of approval issued by the permitting agency prior to the establishment of any new source or source categories. For purposes of this section "establishment" shall mean to "begin actual construction", as that term is defined in Article I, Section 1.04, and "new source" shall include any modification to an existing stationary source or source category, as defined in Article I, Section 1.04. Stationary sources or source categories subject to this Section include, but are not limited to, the following:
1. Stationary sources or source categories listed in Exhibit "R" of Article IV of this Regulation, except for those that are below emission thresholds listed therein or are exempted as provided in Section 5.02.P. of this Regulation; or
2. Any modification to an existing stationary source or source category which results in an increase in actual emissions, except for stationary sources or source categories with actual emission increases below emission thresholds listed in Exhibit "R" of Article IV of this Regulation; or
3. Regardless of any other subsection of this section, a notice of construction application must be filed and an order of approval issued by the Authority prior to establishment of any of the stationary sources listed in Items 7 and 8 of Article IV, Exhibit "R"; or
4. a. Establishment of a new major stationary source or source category;
b. Major modifications to an existing stationary source or source category;
c. Establishment of a new major temporary stationary source or source category;
d. Major modification of a temporary stationary source or source category that is located at an existing stationary source or source category; or
5. Any modifications that require an increase either in a facility-wide emission limitation or a unit specific emission limit; or
6. Replacement of existing emissions unit(s) with new or used emissions unit(s); or
7. Restart of a stationary source or source category after "closure or shutdown", as defined in Article I, Section 1.04;
8. Relocation of an existing stationary source or source category, except as provided for in Section 5.02.H and as specified in Section 5.02.I; or
9. Location for the first time of a portable, (or temporary, if applicable) stationary source or source category operates in Spokane County.
10. Determination by the Authority that a Notice of Construction application is necessary in order to reduce the potential impact from any stationary source or source category's air emissions on: the health, safety, and/or welfare of the public, or unreasonable interference with any other property owner's use and enjoyment of his property, or damage to other property owner's property or business.
B. Stationary sources or source categories not subject to Section 5.02.A include those stationary sources or source categories listed in Sections 5.02.H, 5.02.I, 5.02.M and 5.02.N.1 of this Article.
C. The owner, operator, or their agent shall use Authority prepared and furnished application and information request forms when applying for a Notice of Construction and Application for Approval.
D. New source review of a modification shall be limited to the emissions unit or units proposed to be added to an existing or modified stationary source or source category and the air contaminants whose actual emissions would increase as a result of the modification. NOTE: Modification, as defined in Article I, Section 1.04 of this Regulation, does not have the same meaning as a Major Modification, defined in WAC 173-400-112 and WAC 173-400-113.
E. New stationary sources' or source categories' emission calculations shall be based on a stationary source or source categories' "potential-to-emit", as defined in Article I, Section 1.04 of this Regulation. Modified stationary source or source category emission calculations shall be based on the increase in "actual emissions", as defined in Article I Section 1.04 of this Regulation.
F. The Authority implements and enforces the requirements of WAC 173-400-114 for replacement or substantial alteration of emission control technology at an existing stationary source.
G. A separate Notice of Construction and Application for Approval shall be filed for each new or modified stationary source, source category, or emissions control system, unless identical units are to be constructed, installed, or established and operated in an identical manner at the same facility, except that the owner or operator has the option to file one application for an entire facility, with a detailed inventory of stationary sources or source categories and their emissions related to that facility.
H. A Notice of Construction and Application for Approval is not required for construction, installation, establishment, modification, or alteration of stationary sources or source categories, comprised of equipment utilized exclusively in connection with any structure, which is designed for, and used exclusively as, a residence with not more than four dwelling units.
I. A Notice of Construction and Application for Approval is required for portable, (or temporary, if applicable) stationary sources or source categories, operating in accordance with Section 5.08 - the first time that it operates in Spokane County. Thereafter, each time that the portable or temporary stationary source or source category relocates and operates at a new site in Spokane County, it must apply for and obtain an approved Notice of Intent to Install and Operate a Temporary Stationary Source pursuant to Section 5.08.
J. A person seeking approval to construct or modify an air operating permit source, may elect to integrate review of the air operating permit application or amendment, required under RCW 70.94.161, and the Notice of Construction and Application for Approval required by this Article. A Notice of Construction and Application for Approval designated for integrated review shall be processed in accordance with the provisions in Chapter 173-401 WAC.
K. A Notice of Construction and Application for Approval for a major modification in a nonattainment area, or for a major stationary source in a nonattainment area, is subject to the public notice requirements of Section 5.05.
L. An applicant filing a Notice of Construction and Application for Approval for a project described in WAC 173-400-117(2) (Special protection requirements for Class I areas) must send a copy of the application to the responsible federal land manager.
M. De minimis emission levels (based on Potential-To-Emit), below which a new source or stationary source category, is not subject to a Notice of Construction and Application for Approval, are listed in Exhibit "R" of Article IV of this Regulation. De minimis emission levels (based on actual emissions increase), below which a modification of an existing stationary source or source category, is not subject to a Notice of Construction and Application for Approval, are listed in Exhibit "R" of Article IV of this Regulation. The owner or operator shall maintain sufficient documentation, as required by the Authority, to verify that the new or existing stationary source or source category is entitled to continued exemption under this section.
N. Transfer of Ownership
1. If an existing stationary source or stationary source category, with a valid Order of Approval, is transferred to new ownership per Article IV, Section 4.02.D and the stationary source category or stationary source category is unchanged by the transfer, then the existing Order of Approval is transferable to the new ownership, as written.
2. An existing Order of Approval is not transferable to a stationary source or stationary source category that is installed or established at a site where a stationary source category or stationary source category was previously located and the business nature of the new source is different from the previous stationary source.
3. In either of the above cases, if the stationary source or stationary source category did not have a valid Order of Approval under the prior ownership, then the owner or operator of the new source or stationary source category shall apply for, and receive approval of, a Notice of Construction prior to commencing operation.
O. Except where Ecology is the permitting agency pursuant to WAC 173-400-141 (PSD) or Ecology's Industrial Sector has retained specific air pollution stationary sources or source categories exclusively under their jurisdiction, pursuant to RCW 70.94.422, the Authority permits, implements and enforces WAC 173-400-112 (Requirements for new sources in nonattainment areas) and WAC 173-400-113 (Requirements for new sources in attainment areas), in Spokane County.
P. The following new sources are exempt from the requirement to file a Notice of Construction and Application for Approval, provided that the source has registered with the Authority (as required per Regulation I, Article IV) prior to placing the source in operation:
1. Batch coffee roasters with a maximum rated capacity of 10 lbs. per batch or less, unless air pollution controls are required because of documented nuisance odors or emissions.
2. Marijuana producers and marijuana processors.
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. NEW SECTION, SRCAA Regulation I, Article VI, Section 6.18
SECTION 6.18 STANDARDS FOR MARIJUANA PRODUCTION AND MARIJUANA PROCESSING
(A) Purpose. The production and processing of marijuana emits air contaminants. Section 6.18 establishes standards to minimize air contaminants from stationary sources that produce or process marijuana.
(B) Applicability. This Section applies to all persons or entities having an active Washington State Liquor and Cannabis Board (LCB) license for marijuana production operations and marijuana processing operations in Spokane County, unless exempted under Section 6.18 (H)(1).
(C) Definitions. All definitions in Regulation I, Article I, Section 1.04 apply to Section 6.18, unless otherwise defined in this Section. Unless a different meaning is clearly required by context, words and phrases used in this Section will have the following meaning:
(1) Control of environmental conditions means modifying surroundings to facilitate plant growth, may include, but is not limited to; lighting, temperature, relative humidity, and carbon dioxide levels. For implementation of Section 6.18, watering plants and short term covering of plants for a portion of each day as needed for frost protection are not considered control of environmental conditions.
(2) Indoor marijuana production and indoor marijuana processing means production or processing occurring in a fully enclosed building that is permanently affixed to the ground, has permanent rigid walls, a roof that is permanent and non-retractable, and doors. The building is equipped to maintain control of environmental conditions. Hoop houses, temporary structures, or other similar structures are not considered indoor.
(3) Joint producers and processors means multiple marijuana production and processing operations on the same parcel.
(4) Marijuana means all parts of the cannabis plant, as defined in Chapter 69.50 RCW as it now exists or as amended.
(5) Marijuana concentrates means substances created by extracting oils from marijuana plant material.
(6) Other marijuana production means production that is not indoor or outdoor as defined in this Section. Examples of other marijuana production include production in hoop houses, temporary structures, or other similar structures.
(7) Outdoor marijuana production means production occurring on an expanse of open or cleared ground (no structure of any kind), during Spokane County's customary outdoor growing season, without control of environmental conditions.
(8) Processor (process, processing) means LCB licensed operations that dry, cure, extract, compound, convert, package, and label usable marijuana, marijuana concentrates, and marijuana-infused products.
(9) Producer (production, producing) means LCB licensed operations that propagate, grow, harvest, and trim marijuana to be processed.
(10) Responsible person means any person who owns or controls property on which Section 6.18 is applicable.
(D) Requirements. All persons or entities subject to the requirements of Section 6.18 must comply with the following:
(1) Production must occur indoors or outdoors, as defined in 6.18(C), unless the operation has an Agency granted production exemption under Section 6.18 (H)(2).
(2) All processing must occur indoors as defined in Section 6.18(C).
(3) Indoor production and processing requirements:
(a) Control equipment and facility design:
1. Operations must be equipped with air pollution control equipment that is properly sized for the air flow to be controlled. Air pollution control equipment may include, but is not limited to, carbon adsorption within the facility, carbon filtration on facility exhaust points, vertical exhaust stacks. Air pollution control equipment is not required for windows, doors, or other openings, provided these openings are kept closed except as needed for active ingress or egress; or
2. Operations must be designed to prevent exhaust from production and processing operations directly to the outside; or
3. Both.
(b) Operations must meet Regulation I, Article VI, Section 6.04.
(4) Outdoor production requirements:
(a) Operations must meet Regulation I, Article VI, Section 6.04.
(5) Other marijuana production requirements:
(a) Other marijuana production, in-operation prior to Section 6.18 effective date (03/01/2018), must have an Agency granted production exemption under Section 6.18 (H)(2), and comply with the conditions of the exemption.
(b) Other marijuana production operations with an Agency granted production exemption must meet the odor standard in Article VI, Section 6.04 (D)(1), at the property line and beyond. This requirement applies to all marijuana production and processing operations at the facility.
(6) Operation and maintenance plan. Air pollution control equipment must be operated and maintained in accordance with the manufacturer's recommendations. An operation and maintenance plan for the air pollution control equipment must be available on-site. The plan must include written operating instructions and maintenance schedules. Records shall be kept of the dates and description of all maintenance and repair performed on the air pollution control equipment. Records must be kept on-site for the previous 24 months and provided to the Agency upon request.
(7) Notification of change in operations. Written notification must be submitted to the Agency no later than thirty (30) days after operational changes occur. Operational changes include: change in registration information provided under Article IV, new installation of air pollution control equipment, modification or replacement of existing air pollution control equipment, or change in facility design to control air contaminant emissions.
(8) Harvest schedule. Written notification from outdoor producers and other marijuana producers must be submitted to the Agency no later than thirty (30) days prior to the start of harvest. The written notification must include harvest dates and locations.
(E) Compliance with Other Laws and Regulations. Compliance with Regulation I, Article VI, Section 6.18, does not constitute an exemption from compliance with other Sections of Regulation I, or other laws or regulations.
(F) Joint Producers, Processors and Responsible Persons. If there is a violation of Regulation I, Article VI, Section 6.04, a Notice of Violation may be issued to all joint producers and processors on the parcel and all responsible persons.
(G) Compliance Schedule. All persons or entities subject to the requirements of Article VI, Section 6.18 must be in compliance with Section 6.18 requirements as follows:
(1) Existing producers and processors in-operation before the Section 6.18 effective date (03/01/2018), have twelve (12) months from the effective date to achieve compliance with Section 6.18 requirements. Requirements of Article VI, Section 6.04 remain applicable during this twelve (12) month period.
(2) New producers and processors or expansion at existing producers and processors, that begin or expand operations after 03/01/2018, must be in full compliance with Section 6.18 requirements before production and/or processing begins.
(H) Exemptions.
(1) Processing exemption. Processors that purchase only marijuana concentrates (e.g. marijuana oil) to manufacture marijuana-infused products may apply for an exemption to the standards given in Section 6.18. Production and direct processing of marijuana plants and plant material is not allowed at a processor with an Agency granted processing exemption.
(a) A complete processing exemption application must be submitted using Agency forms.
(b) The Agency will review the processing exemption application once all information the Agency deems necessary for a determination is received. The Agency may request additional information necessary to complete the review. Upon completion of the review, the Agency will make a determination to grant or deny the processing exemption in writing. If denied, compliance with Section 6.18 is required.
(c) Once a processing exemption is granted, the processor must comply with the exemption conditions.
(d) Failure to comply with the processor exemption conditions may result in revocation of the processor exemption, issuance of a Notice of Violation, or both. If the processor exemption is revoked, compliance with Section 6.18 is required.
(2) Production exemption. Other marijuana producers, in-operation prior to the Section 6.18 effective date (03/01/2018), may apply for an exemption from Section 6.18 (D)(1). The exemption is not available to producers that begin or expand operations after 03/01/2018.
(a) A production exemption application must be submitted within one hundred-eighty (180) days of the Section 6.18 effective date, using Agency forms. Each application must include the application fee, as listed in the Fee Schedule.
(b) Within thirty (30) days of receipt of a production exemption application the Agency will perform a completeness review. The Agency may request additional information necessary to complete the application. Once the application is determined to be complete, the Agency has sixty (60) days to grant or deny the production exemption in writing, unless the applicant is notified that additional time is needed. If a production exemption is denied, compliance with Section 6.18 (D)(1) is required.
(c) Once a production exemption is granted, the producer must comply with the production exemption conditions.
(d) Failure to comply with the production exemption conditions may result in revocation of the exemption, issuance of a Notice of Violation, or both. If the production exemption is revoked, compliance with Section 6.18 (D)(1) is required.
Reviser's note: The unnecessary underscoring in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040. NEW SECTION, SRCAA Regulation I, Article X, Section 10.15
SECTION 10.15 MARIJUANA PRODUCTION AND MARIJUANA PROCESSING REGISTRATION AND APPLICATION FEES
(A) Initial Registration Fee. Each source required by Article IV, Exhibit R to be registered is required to pay an initial registration fee for the first calendar year or portion of calendar year that the source is part of the Agency registration program. The owner or operator will be responsible for payment of the initial registration fee. After the first year, the owner or operator will pay an annual registration fee under Section 10.15(B).
(1) The initial registration fee is determined by each unique LCB number, license type, and tier level. A separate initial registration fee is required for each unique LCB license number regardless of location. The initial registration fee will be determined by the fee table below:
(B) Annual Registration Fee. Each source required by Article IV, Exhibit R to be registered is required to pay an annual registration fee for each calendar year or portion of each calendar year during which it operates. The owner or operator will be responsible for payment of the annual registration fee. Fees received as part of the marijuana registration program will not exceed the actual costs of program administration.
(1) The annual registration fee is required for each LCB licensed producer and LCB licensed processor. The fee is determined by each unique LCB number, license type, and tier level. A separate registration fee is required for each unique LCB license number regardless of location. The annual fee will be determined by the fee table below:
(2) Calculating Marijuana 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 fees listed in Section 10.15 (B)(1), plus an additional fee equal to two (2) times the amount of original fee assessed. 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.
Reviser's note: The unnecessary underscoring in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||