AN ACT Relating to
pollution source fees; and amending RCW 70.94.152 and 70.94.154.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 70.94.152 and 1993 c
252 s 4 are each amended to read as follows:
(1) The department of
ecology or board of any authority may require notice of the establishment of
any proposed new sources except single family and duplex dwellings. The
department of ecology or board may require such notice to be accompanied by a
fee and determine the amount of such fee: PROVIDED, That the amount of the fee
may not exceed the cost of reviewing the plans, specifications, and other
information and administering such notice: PROVIDED FURTHER, That any such
notice given or notice of construction application submitted to either the
board or to the department of ecology shall preclude a further submittal of a
duplicate application to any board or to the department of ecology.
(2) The department
shall, after opportunity for public review and comment, adopt rules that
establish a workload-driven process for determination and review of the fee
covering the direct and indirect costs of processing a notice of construction
application and a methodology for tracking revenues and expenditures. ((All
new source fees collected by the department from permit program sources shall
be deposited in the air operating permit account.)) All new source fees
collected by the delegated local air authorities from ((permit program))
sources shall be deposited in the dedicated accounts of their respective
treasuries. All new source fees collected by the department from ((nonpermit
program)) sources shall be deposited in the air pollution control account.
((All new source fees collected by local air authorities from nonpermit
program sources shall be deposited in their respective treasuries.))
(3) Within thirty days
of receipt of a notice of construction application, the department of ecology or
board may require, as a condition precedent to the establishment of the new
source or sources covered thereby, the submission of plans, specifications, and
such other information as it deems necessary to determine whether the proposed
new source will be in accord with applicable rules and regulations in force
under this chapter. If on the basis of plans, specifications, or other
information required under this section the department of ecology or board
determines that the proposed new source will not be in accord with this chapter
or the applicable ordinances, resolutions, rules, and regulations adopted under
this chapter, it shall issue an order denying permission to establish the new
source. If on the basis of plans, specifications, or other information
required under this section, the department of ecology or board determines that
the proposed new source will be in accord with this chapter, and the applicable
rules and regulations adopted under this chapter, it shall issue an order of
approval for the establishment of the new source or sources, which order may
provide such conditions as are reasonably necessary to assure the maintenance
of compliance with this chapter and the applicable rules and regulations
adopted under this chapter. Every order of approval under this chapter must be
reviewed prior to issuance by a professional engineer or staff under the
supervision of a professional engineer in the employ of the department of
ecology or board.
(4) The determination
required under subsection (3) of this section shall include a determination of
whether the operation of the new air contaminant source at the location
proposed will cause any ambient air quality standard to be exceeded.
(5) New source review
of a modification shall be limited to the emission unit or units proposed to be
modified and the air contaminants whose emissions would increase as a result of
the modification.
(6) Nothing in this
section shall be construed to authorize the department of ecology or board to
require the use of emission control equipment or other equipment, machinery, or
devices of any particular type, from any particular supplier, or produced by
any particular manufacturer.
(7) Any features,
machines, and devices constituting parts of or called for by plans, specifications,
or other information submitted pursuant to subsection (1) or (3) of this
section shall be maintained and operate in good working order.
(8) The absence of an
ordinance, resolution, rule, or regulation, or the failure to issue an order
pursuant to this section shall not relieve any person from his or her
obligation to comply with applicable emission control requirements or with any
other provision of law.
(9) Within thirty days
of receipt of a notice of construction application the department of ecology or
board shall either notify the applicant in writing that the application is
complete or notify the applicant in writing of all additional information
necessary to complete the application. Within sixty days of receipt of a
complete application the department or board shall either (a) issue a final
decision on the application, or (b) for those projects subject to public
notice, initiate notice and comment on a proposed decision, followed as
promptly as possible by a final decision. A person seeking approval to
construct or modify a source that requires an operating permit may elect to
integrate review of the operating permit application or amendment required by
RCW 70.94.161 and the notice of construction application required by this
section. A notice of construction application designated for integrated review
shall be processed in accordance with operating permit program procedures and
deadlines.
(10) Best available
control technology (BACT) is required for new sources except where the federal
clean air act requires compliance with the lowest achievable emission rate
(LAER).
Sec. 2. RCW 70.94.154 and 1993 c
252 s 8 are each amended to read as follows:
(1) RACT as defined in
RCW 70.94.030 is required for existing sources except as otherwise provided in
RCW 70.94.331(9).
(2) RACT for each
source category containing three or more sources shall be determined by rule
except as provided in subsection (3) of this section.
(3) Source-specific
RACT determinations may be performed under any of the following circumstances:
(a) As authorized by
RCW 70.94.153;
(b) When required by
the federal clean air act;
(c) For sources in
source categories containing fewer than three sources;
(d) When an air quality
problem, for which the source is a contributor, justifies a source-specific
RACT determination prior to development of a categorical RACT rule; or
(e) When a
source-specific RACT determination is needed to address either specific air
quality problems for which the source is a significant contributor or
source-specific economic concerns.
(4) By January 1, 1994,
ecology shall develop a list of sources and source categories requiring RACT
review and a schedule for conducting that review. Ecology shall review the
list and schedule within six months of receiving the initial operating permit
applications and at least once every five years thereafter. In developing the
list to determine the schedule of RACT review, ecology shall consider emission
reductions achievable through the use of new available technologies and the
impacts of those incremental reductions on air quality, the remaining useful
life of previously installed control equipment, the impact of the source or
source category on air quality, the number of years since the last BACT, RACT,
or LAER determination for that source and other relevant factors. Prior to
finalizing the list and schedule, ecology shall consult with local air
authorities, the regulated community, environmental groups, and other
interested individuals and organizations. The department and local authorities
shall revise RACT requirements, as needed, based on the review conducted under
this subsection.
(5) In determining
RACT, ecology and local authorities shall utilize the factors set forth in RCW
70.94.030 and shall consider RACT determinations and guidance made by the
federal environmental protection agency, other states and local authorities for
similar sources, and other relevant factors. In establishing or revising RACT
requirements, ecology and local authorities shall address, where practicable,
all air contaminants deemed to be of concern for that source or source
category.
(6) Emission standards
and other requirements contained in rules or regulatory orders in effect at the
time of operating permit issuance or renewal shall be considered RACT for
purposes of permit issuance or renewal. RACT determinations under subsections
(2) and (3) of this section shall be incorporated into operating permits as
provided in RCW 70.94.161 and rules implementing that section.
(7) The department and
local air authorities are authorized to assess and collect a fee to cover the
costs of developing, establishing, or reviewing categorical or case-by-case
RACT requirements. The fee shall apply to determinations of RACT requirements
as defined under this section and RCW 70.94.331(9). The amount of the fee may
not exceed the direct and indirect costs of establishing the requirement for
the particular source or the pro rata portion of the direct and indirect costs
of establishing the requirement for the relevant source category. The
department shall, after opportunity for public review and comment, adopt rules
that establish a workload-driven process for determination and review of the
fee covering the direct and indirect costs of its RACT determinations and a
methodology for tracking revenues and expenditures. ((All such RACT
determination fees collected by the department from permit program sources
shall be deposited in the air operating permit account.)) All such RACT
determination fees collected by the delegated local air authorities from ((permit
program)) sources shall be deposited in the dedicated accounts of their
respective treasuries. All such RACT fees collected by the department from ((nonpermit
program)) sources shall be deposited in the air pollution control account.
((All such RACT fees collected by local air authorities from nonpermit
program sources shall be deposited in their respective treasuries.))
