WSR 18-19-030

PROPOSED RULES

SPOKANE REGIONAL

CLEAN AIR AGENCY

[Filed September 13, 2018, 7:37 a.m.]

Original Notice.

Proposal is exempt under RCW 70.94.141(1).

Title of Rule and Other Identifying Information: Amend SRCAA Regulation I, Article X: Fees and Charges, Sections 10.02, 10.04, 10.05 and 10.07.

Hearing Location(s): On November 1, 2018, at 9:30 a.m., at Spokane Regional Clean Air Agency (SRCAA), 3104 East Augusta Avenue, Spokane, WA 99207.

Date of Intended Adoption: November 1, 2018.

Submit Written Comments to: Margee Chambers, 3104 East Augusta Avenue, Spokane, WA 99207, email PublicComment@spokanecleanair.org, fax 509-477-6828, by November 1, 2018, close of hearing. Note, please submit written comments by October 30, 2018, for comments to be included in the prehearing presentation.

Assistance for Persons with Disabilities: Contact Mary Kataoka, phone 509-477-4727 ext. #100, fax 509-477-6828, email mkataoka@spokanecleanair.org, by October 30, 2018.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: SRCAA is proposing to amend Regulation I, Article X: Fees and Charges; Sections 10.02, 10.04, 10.05 and 10.07. Amendments to Sections 10.02 and 10.05 are to update text for clarification and statutory citing related to the Public Records Act, chapter 42.56 RCW. Updates to Section 10.04 are for clarification purposes. Amendments to Section 10.07 are to update the fee structure for Notice of Construction (NOC) and Notice of Intent (NOI) applications, to move the program towards full cost recovery.

Reasons Supporting Proposal: Amendments to Section 10.02(C) clarify that the public records fees are excluded from the SRCAA round up to the nearest $1 fee calculation because fees are based on state statute and not set by SRCAA. Amendments to Section 10.04 update title information. Section 10.05 amendments are to comply with 2017 legislative amendments that updated the fee structure in the Public Records Act. Revisions to NOC/NOI application fee structure in Section 10.07 will allow for more equitable distribution of fees depending on the complexity of the application. The fee structure revisions allow SRCAA to move the NOC/NOI program towards full cost recovery, as allowed by the Washington Clean Air Act. NOC/NOI structure updates include base fee classifications, designating number of staff review and processing hours included in base fee, developing hourly fee charged when staff review and processing hours exceed base fee hours, and clarification edits that fees are for new and modified NOC/NOI.

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: April Westby, SRCAA, 509-477-4727.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328. SRCAA is a local air pollution control agency. Per RCW 70.94.141, a cost-benefit analysis under RCW 34.05.328 does not apply to local air pollution control agencies.

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 70.94.141.

Explanation of exemptions: SRCAA is a local air pollution control agency. Per RCW 70.94.141, a small business economic impact statement does not apply to local air pollution control agencies.

September 13, 2018

Margee Chambers

Rule Writer

SIP Planner

Amendatory Sections

Spokane Regional Clean Air Agency (SRCAA)

Regulation I, Article X: Fees and Charges, Sections 10.02, 10.04, 10.05 and 10.07.

(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. 

(B) Revenues Collected per RCW 70.94.161. Revenues collected 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))public records fees per Section 10.05(A).

(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.

(A) ((Photocopy))Public Records Fees. ((A fee of $0.15 per page for photocopies shall be charged (RCW 42.56.120)))The Agency charges the standard fees and costs authorized in RCW 42.56.120.

(((B) Postage. The actual cost of postage shall be charged for all material requested to be mailed [RCW 42.56.070 (7)(a)].))

((C)) (B) Other Services. For other administrative services requested and performed by Agency staff, which are not provided to the public generally, the Control Officer shall determine such charge as reasonably reimburses the Agency for time and materials expended in providing the service.

(A) NOC and ((Notice of Intent))NOI Fees.

(1) NOC/NOI Class, Base Fee, Fee for Additional NOC/NOI Review Hours, SEPA Fee, and Fee Determination.

(((a))) For each project required by Regulation I, Article V, to file a NOC or a ((Notice of Intent, the applicant))NOI application, the owner or operator((shall))must pay((a base fee per the Fee Schedule. Base fee classes are listed below))the following applicable fees in (b) through (d) below:

1. Class I – ((Notice of Intent. Notice of Intent))NOI to install and operate portable stationary sources and temporary stationary sources include the following:

2. Class II – ((Simple NOC.)) Simple NOCs include the following:

3. Class III – ((Standard NOC.)) Standard NOCs include the following:

4. Class IV – Complex NOC. Complex NOCs include the following:

5.(((b))) For sources/source categories not listed in Section 10.07 (A)(1)(a), each NOC/NOI((Notice of Intent and NOC)) application ((review)) will be assigned to Class I, II, III or IV by the Control Officer on a case-by-case basis.

(((c)))2. 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 will be considered as like-kind if the same set of emission calculations can be used to characterize emissions from each of the emissions units.

1. The base fee is calculated by multiplying the number of base-fee hours for the NOC/NOI class by the hourly rate listed in the Fee Schedule. 

(2) Fees for Replacement or Substantial Alteration of Control Technology and for Changes to an Order of Approval or Permission to Operate.  

(a) The following NOC applications or requested changes to an Order of Approval or Permission to Operate must pay a fee as listed in the Fee Schedule. The fee will be assessed each time a request is submitted and will be invoiced to the owner or operator with the final determination.

2. 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 NOCs reviewed under WAC 173-400-114 and 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 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.

(((3) Additional Fees (for each application).

3. Top-Down BACT Review (as described in EPA's Draft New Source Review Workshop Manual from October 1990 and as summarized here). A top-down BACT review requires the ranking of available control technologies in descending order of control effectiveness. Applicants of any new air pollution source subject to a top-down BACT review shall pay a top-down BACT review fee per the Fee Schedule.))

(B) Payment of Fees.

(1) Upon Submission of Application. The base fee and SEPA fee (if applicable)((shall))must be paid at the time the NOI/NOC application is submitted to the Agency. Review of the NOI/NOC application will not commence until the ((applicable)) base fee and SEPA fee (if applicable) is received.

(2) After Application. 

(a) Complete Applications. The Agency will invoice the owner, operator, or both, for ((all other applicable fees))Fees for Additional NOC/NOI Review Hours, if applicable. The fees ((shall))must be paid whether the application is approved or denied.

(b) Incomplete Applications.

1. If an owner, operator, or both, notifies the Agency in writing that an application will not be completed or cancels the application; or the application remains incomplete for more than three (3) months; the Agency will invoice the owner, operator, or both, for payment of applicable fees.

2. Applications not accompanied by the base fee and SEPA fee (if applicable) will be considered incomplete. 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 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 and SEPA fee (if applicable).

(C) Compliance Investigation Fee. When a compliance investigation is conducted per Article V, Section 5.12, the compliance investigation fee shall be assessed per the 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 calculations can be used to characterize emissions from each of the emissions units.