WSR 97-20-009

PERMANENT RULES

PUGET SOUND AIR

POLLUTION CONTROL AGENCY

[Filed September 18, 1997 10:37 a.m., effective November 1, 1997]

Date of Adoption: September 11, 1997.

Purpose: To establish general regulatory order fees; adjust maximum civil penalty amount for inflation; adjust registration, notice of construction, and operating permit fees to cover program costs; update delegation for NSPS (New Source Performance Standards) and NESHAPs (National Emission Standards for Hazardous Air Pollutants).

Citation of Existing Rules Affected by this Order: Amending Reg. I - 3.03, 3.11, 5.05, 5.07, 6.04, 6.10, 6.11, 7.07, 7.09; Reg. III - 2.02.

Statutory Authority for Adoption: Chapter 70.94 RCW.

Adopted under notice filed as WSR 97-15-125 on July 23, 1997.

Changes Other than Editing from Proposed to Adopted Version: In Regulation I, Section 5.07 (b)(5) "toxic air contaminant (TAC)" was changed to "hazardous air pollutant (HAP)."

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: November 1, 1997.

September 17, 1997

James L. Nolan

Director - Compliance

AMENDATORY SECTION

REGULATION I SECTION 3.03 GENERAL REGULATORY ORDERS

(a) Purpose. The Board may, by regulatory order, apply to a specific source or sources any applicable provision of chapter 70.94 RCW or the rules adopted thereunder.

(b) Public Involvement Process. The Board may issue a regulatory order after the following public involvement process has been completed:

(1) Public notice of the proposed order shall be published in a newspaper of general circulation in the area where the source that is the subject of the order is located. Notice shall also be sent to the U.S. Environmental Protection Agency Regional Administrator. ((The cost of providing public notice shall be borne by the affected source.)) The public notice shall include, at a minimum, the following information:

(A) The name and address of the owner or operator and the source;

(B) A brief description of the purpose of the proposed order and the requirements included in the proposed order;

(C) The deadline for submitting written comments to PSAPCA; and

(D) The opportunity for a public hearing if PSAPCA determines that there is significant public interest in the proposed order.

(2) The initial public comment period shall be at least 30 days.

(3) During the initial 30-day public comment period, any person may request a public hearing be held. Any such request shall be submitted in writing to the Agency, shall indicate the interest of the entity filing it, and describe why a hearing is warranted. The Agency may, at its discretion, hold a public hearing if it determines significant public interest exists. Any such hearing shall be held before a hearing officer and upon such notice and at a time and place as the Agency deems reasonable. The hearing officer shall hear testimony at the public hearing and prepare a written summary of the testimony received at the hearing. The Agency shall provide at least 30 days prior notice of any hearing. If a public hearing is held, the public comment period shall extend through the hearing date.

(c) Board Action. The Board shall only issue an order under this section after:

(1) The public comment period has ended;

(2) Any public hearing scheduled has been held; and

(3) The Board has considered all information and data related to the proposed order received by PSAPCA, including all written comments received and any summary of testimony prepared by the hearing officer.

The Board shall take action on a proposed order at a Board meeting. Unless otherwise ordered by the Board, an order issued under this section shall be effective on the date the Board approves the order.

(d) Appeals. Orders issued by the Board under this section may be appealed to the Pollution Control Hearings Board pursuant to Section 3.17 of Regulation I and RCW 43.21B.310.

NEW SECTION

REGULATION I SECTION 3.04 GENERAL REGULATORY ORDER FEES

(a) The applicant must pay a fee of $1,000.00 to the Agency when submitting an application for a general regulatory order under Section 3.03 of Regulation I; and

(b) The applicant must pay to the Agency a fee equal to the cost of providing public notice in accordance with Section 3.03(b) of Regulation I.

AMENDATORY SECTION

REGULATION I SECTION 3.11 CIVIL PENALTIES

(a) Any person who violates any of the provisions of Chapter 70.94 RCW or any of the rules or regulations in force pursuant thereto, may incur a civil penalty in an amount not to exceed (($11,550.00)) $11,977.00 per day for each violation.

(b) Any person who fails to take action as specified by an order issued pursuant to Chapter 70.94 RCW or Regulations I, II, and III of the Puget Sound Air Pollution Control Agency shall be liable for a civil penalty of not more than (($11,550.00)) $11,977.00 for each day of continued noncompliance.

(c) Within 15 days after receipt of a Notice and Order of Civil Penalty, the person incurring the penalty may apply in writing to the Control Officer for the remission or mitigation of the penalty. Any such request must contain the following:

(1) The name, mailing address, telephone number, and telefacsimile number (if available) of the appealing party;

(2) A copy of the Notice and Order of Civil Penalty appealed from;

(3) A short and plain statement showing the grounds upon which the appealing party considers such order to be unjust or unlawful;

(4) A clear and concise statement of facts upon which the appealing party relies to sustain his or her grounds for appeal;

(5) The relief sought, including the specific nature and extent; and

(6) A statement that the appealing party has read the notice of appeal and believes the contents to be true, followed by the party's signature.

Upon receipt of the application, the Control Officer shall remit or mitigate the penalty only upon a demonstration by the requester of extraordinary circumstances such as the presence of information or factors not considered in setting the original penalty.

(d) Any civil penalty may also be appealed to the Pollution Control Hearings Board pursuant to Chapter 43.21B RCW and Chapter 371-08 WAC if the appeal is filed with the Hearings Board and served on the Agency within 30 days after receipt by the person penalized of the notice imposing the penalty or 30 days after receipt of the notice of disposition on the application for relief from penalty.

(e) A civil penalty shall become due and payable on the later of:

(1) 30 days after receipt of the notice imposing the penalty;

(2) 30 days after receipt of the notice of disposition on application for relief from penalty, if such application is made; or

(3) 30 days after receipt of the notice of decision of the Hearings Board if the penalty is appealed.

(f) If the amount of the civil penalty is not paid to the Agency within 30 days after it becomes due and payable, the Agency may bring action to recover the penalty in King County Superior Court or in the superior court of any county in which the violator does business. In these actions, the procedures and rules of evidence shall be the same as in an ordinary civil action.

(g) Civil penalties incurred but not paid shall accrue interest beginning on the 91st day following the date that the penalty becomes due and payable, at the highest rate allowed by RCW 19.52.020 on the date that the penalty becomes due and payable. If violations or penalties are appealed, interest shall not begin to accrue until the 31st day following final resolution of the appeal.

(h) To secure the penalty incurred under this section, the Agency shall have a lien on any vessel used or operated in violation of Regulations I, II, and III which shall be enforced as provided in RCW 60.36.050.

AMENDATORY SECTION

REGULATION I SECTION 5.05 GENERAL REPORTING REQUIREMENTS FOR REGISTRATION

(a) General. The owner or operator of an air contaminant source for which registration is required by Section 5.03, shall make reports containing information as required by the Agency concerning location, size, and height of contaminant outlets, processes employed, nature and quantity of the air contaminant emission, and such other information as is relevant to air pollution and available or reasonably capable of being assembled.

(b) Registration Form. Registration information shall be provided on forms supplied by the Agency and shall be completed and returned within the time specified on the form.

(c) Reporting Responsibility. The owner, operator, or a designated representative shall sign Agency registration and reporting forms for each source. The owner or operator of the source shall be responsible for notifying the Agency of the existence of the source, and for the accuracy, completeness, and timely submittal of registration reporting information and any accompanying fee.

(d) Emission Reporting. An emission report shall be required from each registered source of those air contaminants during the previous calendar year that equal or exceed the following (tons/year):

carbon monoxide (CO) emissions 25

facility-combined total of all toxic air

contaminant (TAC) emissions ((5)) 6

any single toxic air contaminant (TAC)

emissions 2

nitrogen oxide (NOx) emissions 25

particulate matter (PM₁₀) emissions 25

sulfur oxide (SOx) emissions 25

volatile organic compounds (VOC) emissions 25

Annual emission rates shall be reported to the nearest whole tons per year for only those air contaminants that equal or exceed the thresholds above.

(e) Operation and Maintenance Plan. Owners or operators of air contaminant sources subject to Section 5.03 above shall develop and implement an operation and maintenance plan to assure continuous compliance with Regulations I, II, and III. A copy of the plan shall be filed with the Control Officer upon request. The plan shall reflect good industrial practice and shall include, but not be limited to, the following:

(1) Periodic inspection of all equipment and control equipment;

(2) Monitoring and recording of equipment and control equipment performance;

(3) Prompt repair of any defective equipment or control equipment;

(4) Procedures for start up, shut down, and normal operation;

(5) The control measures to be employed to assure compliance with Section 9.15 of Regulation I; and

(6) A record of all actions required by the plan.

The plan shall be reviewed by the source owner or operator at least annually and updated to reflect any changes in good industrial practice.

(f) Report of Closure. Continued payment of the annual registration fee to the Agency maintains the registration of the source with the Agency, as well as the status of the source as an operating facility. A source shall only be removed from the registration program after a written request has been received from the owner or operator of the source. It shall be unlawful for any person to operate a source that has been removed from registration, unless the owner or operator has submitted and received an approval for a "Notice of Construction and Application for Approval", in compliance with Article 6.

(g) Report of Change of Ownership. A new owner of a source shall report in writing any change of ownership to the Agency within 90 days of such a change.

AMENDATORY SECTION

REGULATION I SECTION 5.07 REGISTRATION FEES

(a) The Agency shall levy annual fees as set forth in Section 5.07(b) below ((the 1997 Registration Fee Schedule)) for services provided in administering the registration program. Fees received under the registration program shall not exceed the cost of administering the program. Registration fees do not apply to sources subject to Article 7 of Regulation I.

(b) Upon assessment by the Agency, the following registration fees are due and payable within 30 days. They shall be deemed delinquent if not fully paid within 90 days.

((1997 REGISTRATION FEE SCHEDULE

Facility Fees:))

(1) Automobile body repair and painting (SIC = 7532) $200

(2) ((Dry Cleaning)) Dry-cleaning plants, except rug cleaning (SIC = 7216) $130

(3) Gasoline service stations with more than 1 tank $300

(4) Gasoline service stations with 1 tank $150

(5) Emission reporting sources under Section 5.05(d) that equal or exceed any of the following emission thresholds in tons per year during the previous calendar year:

carbon monoxide (CO) emissions 50

facility-combined total of all hazardous air pollutant (HAP) emissions 12

any single hazardous air pollutants (HAP) emissions 5

nitrogen oxide (NOx) emissions 50

particulate matter (PM₁₀) emissions 50

sulfur oxide (SOx) emissions 50

volatile organic compounds (VOC) emissions 50

(($2,000)) $2,500

(6) Emission reporting sources under Section 5.05(d) that equal or exceed any of the following emission thresholds in tons per year during the previous calendar year:

carbon monoxide (CO) emissions 25

facility-combined total of all toxic air contaminant (TAC) emissions 6

any single toxic air contaminant (TAC) emissions 2

nitrogen oxide (NOx) emissions 25

particulate matter (PM₁₀) emissions 25

sulfur oxide (SOx) emissions 25

volatile organic compounds (VOC) emissions 25

$1,500

(7) Other sources ((with 8 or more equipment items (including control equipment))) requiring registration under Section 5.03 in the following Standard Industrial Classification (SIC) codes (Standard Industrial Classification Manual, Executive Office of the President, Office of Management and Budget, 1987): ((a Notice of Construction under Article 6))

1422 Crushed and Broken Limestone

1429 Crushed and Broken Stone

1442 Construction Sand and Gravel

1446 Industrial Sand

1611 Highway and Street Construction

2035 Pickled Fruits & Vegetables, Vegetable Sauces & Seasonings, and Salad Dressings

2077 Animal and Marine Fats and Oils

2099 Food Preparations

2491 Wood Preserving

2834 Pharmaceutical Preparations

2842 Specialty Cleaning, Polishing, and Sanitation Preparations

2873 Nitrogenous Fertilizers

2875 Fertilizers, Mixing Only

2893 Printing Ink

2951 Asphalt Paving Mixtures and Blocks

2952 Asphalt Felts and Coatings

3061 Molded, Extruded, and Lathe-Cut Mechanical Rubber Goods

3211 Flat Glass

3241 Cement, Hydraulic

3272 Concrete Products, except Block and Brick

3273 Ready-Mix Concrete

3275 Gypsum Products

3291 Abrasive Products

3292 Asbestos Products

3295 Minerals and Earths, Ground or Otherwise Treated

3299 Nonmetallic Mineral Products

3312 Steel Works, Blast Furnaces, and Rolling Mills

3315 Steel Wiredrawing and Steel Nails and Spikes

3321 Gray and Ductile Iron Foundries

3324 Steel Investment Foundries

3325 Steel Foundries

3334 Primary Production of Aluminum

3341 Secondary Smelting & Refining of Nonferrous Metals

3365 Aluminum Foundries

3366 Copper Foundries

3369 Nonferrous Foundries, except Aluminum and Copper

3398 Metal Heat Treating

3433 Heating Equipment, except Electric and Warm Air Furnaces

3471 Electroplating, Plating, Polishing, Anodizing, and Coloring

3479 Coating, Engraving, and Allied Services

3599 Industrial and Commercial Machinery and Equipment

3674 Semiconductors and Related Devices

3679 Electronic Components

3731 Ship Building and Repairing

4013 Railroad Switching and Terminal Establishments

4613 Refined Petroleum Pipelines

4911 Electric Services

4952 Sewerage Systems, (Treatment Plants)

4953 Refuse Systems

5153 Grain and Field Beans

5169 Chemicals and Allied Products

7694 Armature Rewinding Shops

8063 Psychiatric Hospitals

8069 Specialty Hospitals, except Psychiatric

8611 Business Associations

$1,000

(8) Other sources ((with 3 to 7 or more equipment items (including control equipment))) requiring registration under Section 5.03 in the following Standard Industrial Classification (SIC) codes: ((a Notice of Construction under Article 6))

0711 Soil Preparation Services

1459 Clay, Ceramic, and Refractory Minerals

1521 General Contractor -- Single-Family Homes

1629 Heavy Construction

1731 Electrical Work

2013 Sausages and Other Prepared Meat Products

2032 Canned Specialties

2041 Flour and Other Grain Mill Products

2045 Prepared Flour Mixes and Doughs

2047 Dog and Cat Food

2048 Prepared Feeds and Feed Ingredients for Animals and Fowls, except Dogs and Cats

2052 Cookies and Crackers

2082 Malt Beverages

2086 Bottled and Canned Soft Drinks and Carbonated water

2091 Canned and Cured Fish and Seafoods

2095 Roasted Coffee

2096 Potato Chips, Corn Chips, and Similar Snacks

2098 Macaroni, Spaghetti, Vermicelli, and Noodles

2421 Sawmills and Planing Mills

2426 Hardwood Dimension and Flooring Mills

2429 Special Product Sawmills

2431 Millwork

2434 Wood Kitchen Cabinets

2439 Structural Wood Members

2441 Nailed and Lock-Corner Wood Boxes and Shook

2448 Wood Pallets and Skids

2452 Prefabricated Wood Buildings and Components

2493 Reconstituted Wood Products

2631 Paperboard Mills

2652 Setup Paperboard Boxes

2653 Corrugated and Solid Fiber Boxes

2657 Folded Paperboard Boxes

2671 Packaging Paper and Plastics Film, Coated and Laminated

2675 Die-Cut Paper and Paperboard and Cardboard

2711 Newspapers: Publishing, or Publishing and Printing

2721 Periodicals: Publishing, or Publishing and Printing

2731 Books: Publishing, or Publishing and Printing

2752 Commercial Printing, Lithographic

2759 Commercial Printing

2819 Industrial Inorganic Chemicals

2821 Plastic Materials, Synthetic Resins, and Non-vulcanizable Elastomers

2851 Paints, Varnishes, Lacquers, Enamels, and Allied Products

2869 Industrial Organic Chemicals

3089 Plastics Products

3271 Concrete Block and Brick

3441 Fabricated Structural Metal

3443 Fabricated Plate Work

3444 Sheet Metal Work

3446 Architectural and Ornamental Metal Work

3449 Miscellaneous Structural Metal Work

3463 Nonferrous Forgings

3469 Metal Stampings

3483 Ammunition, except for Small Arms

3496 Miscellaneous Fabricated Wire Products

3498 Fabricated Pipe and Pipe Fittings

3499 Fabricated Metal Products

3545 Cutting Tools, Machine Tool Accessories, and Machinists Precision Measuring Devices

3556 Food Products Machinery

3567 Industrial Process Furnaces and Ovens

3571 Electronic Computers

3629 Electrical Industrial Apparatus

3639 Household Appliances

3648 Lighting Equipment

3663 Radio & Television Broadcasting and Communications Equipment

3672 Printed Circuit Boards

3691 Storage Batteries

3713 Truck and Bus Bodies

3721 Aircraft

3728 Aircraft Parts and Auxiliary Equipment

3743 Railroad Equipment

3823 Industrial Instruments for Measurement, Display, and Control of Process Variables; and Related Products

3873 Watches, Clocks, Clockwork Operated Devices, and Parts

4173 Terminal and Service Facilities for Motor Vehicle Passenger Transportation

4212 Local Trucking without Storage

4222 Refrigerated Warehousing and Storage

4491 Marine Cargo Handling

4492 Towing and Tugboat Services

4512 Air Transportation, Scheduled

4581 Airports, Flying Fields, and Airport Terminal Services

4952 Sewerage Systems, (Pump Stations)

4961 Steam and Air-Conditioning Supply

5032 Brick, Stone, and Related Construction Materials

5039 Construction Materials

5051 Metals Service Centers and Offices

5065 Electronic Parts and Equipment

5093 Scrap and Waste Materials

5162 Plastics Materials and Basic Forms and Shapes

5171 Petroleum Bulk Stations and Terminals

5172 Petroleum and Petroleum Products Wholesalers, except Bulk Stations and Terminals

5199 Nondurable Goods

5712 Furniture Stores

5984 Liquefied Petroleum Gas Dealers

6513 Operators of Apartment Buildings

7218 Industrial Launderers

7219 Laundry and Garment Services

7261 Funeral Service and Crematories

7374 Computer Processing and Data Preparation and Processing Services

7534 Tire Retreading and Repair Shops

8062 General Medical and Surgical Hospitals

8221 Colleges, Universities, and Professional Schools

8331 Job Training and Vocational Rehabilitation Services

8422 Arboreta and Botanical or Zoological Gardens

8731 Commercial Physical and Biological Research

8744 Facilities Support Management Services

9221 Police Protection

9223 Correctional Institutions

9711 National Security

$500

(9) All Other sources, other than listed above in (1) through (8), ((with 2 or less equipment items (including control equipment) requiring a Notice of Construction under Article 6)) requiring registration under Section 5.03

(($200)) $250

((Additional Fees:

Emission fees applicable to all emission reporting sources:

1995 CO emission fee¹ $8/ton

1995 TAC emission fee² $8/ton

1995 NOx, PM₁₀, or SOx emission fee³ $25/ton

1995 NR or VOC emission fee⁴ $25/ton

Continuous emission monitor fee⁵ $1,500/monitor

__________________

¹ Required only when CO emissions equal or exceed 25 tons in 1995.

² Required only when individual TAC emissions equal or exceed 2 tons in 1995 or when total facility TAC emissions exceed 5 tons in 1995.

³ Required only when NOx, PM₁₀, or SOx emissions equal or exceed 25 tons in 1995.

⁴ Required only when organic compounds with negligible photochemical reactivity (NR), as listed in 40 CFR 51.100 (s)(1), or VOC emissions equal or exceed 25 tons in 1995.

⁵ Required only of continuous emission monitors required by Section 12.02, counting each pollutant and location as a separate monitor.))

AMENDATORY SECTION

REGULATION I SECTION 6.04 NOTICE OF CONSTRUCTION REVIEW FEES

A Notice of Construction and Application for Approval is incomplete until the Agency has received a ((plan examination)) fee as shown below:

General (not classified below) for each Piece of Equipment

or Control Equipment $500

Minor NOC Change $500

NOC Applicability Determination $200

Relocation of Previously Permitted Portable Source to a New

Address, except soil thermal desorption units $500

Asphalt Concrete Plant $1,000

Coffee Roaster $1,000

Composting Facility $2,500

Dry Cleaner (per machine) $300

Gasoline Station $500

Landfill Gas System $2,500

Refuse Burning Equipment: (rated capacity)

12 tons per day or less $5,000((.00))

greater than 12 tons per day but less than

250 tons per day $20,000((.00))

250 tons per day or greater $50,000((.00))

Spray-Painting Operation (per booth) $500

Storage Tanks excluding those at gasoline stations: (gallons)

less than 20,000 (($200.00))

$300

20,000 or more (($500.00))

$1,000

((Spray Painting Operation (per booth) $300.00

Gasoline Station $300.00

Dry Cleaner (per machine) $200.00

Landfill Gas System $1,000.00

Composting Facility $1,000.00))

Soil Thermal Desorption Unit (initial) (($2,000.00))

$3,000

Relocation of Approved Desorption Unit to

New Address (($700.00))

$1,000

((Minor NOC Change not Involving a Change in Equipment $300.00

Relocation of Previously Permitted Portable Source to a

New Address, except Soil Thermal Desorption Units $300.00

NOC Applicability Determination $100.00

Other (not classified above) $300.00))

Additional Charges:

SEPA Threshold Determination (($100.00))

$250

Air Toxics Review (under Regulation III,

Section 2.07 (c)(2)) $500((.00))

Air Toxics Review (under Regulation III,

Section 2.07 (c)(3)) $5,000((.00))

Major Source, Major Modification, or Emission

Increases greater than Prevention of

Significant Deterioration Thresholds

(see Regulation I, Section 6.07(d)) $5,000((.00))

Opacity/Grain Loading Correlation (see

Regulation I, Section 9.09(c)) $5,000((.00))

Emissions Units Subject to an NSPS or NESHAP

(except residential wood heaters, asbestos

renovation or demolition, and ((chromic

acid anodizing, chromium electroplating,))

perchloroethylene dry cleaning((, or cold

solvent cleaners))) $1,000((.00))

Public Notice (plus publication fees) (($200.00))

$500

AMENDATORY SECTION

REGULATION I SECTION 6.10 WORK DONE WITHOUT AN APPROVAL

Where work for which a Notice of Construction is required is commenced or performed prior to making application and receiving approval, the Control Officer may conduct an investigation as part of the Notice of Construction review. In such a case, an investigation fee, in addition to the fees of Section 6.04, shall be assessed in an amount equal to 3 times the ((plan examination)) fees of Section 6.04. Payment of the fees does not relieve any person from the requirement to comply with the regulations nor from any penalties for failure to comply.

AMENDATORY SECTION

REGULATION I SECTION 6.11 NEW SOURCE PERFORMANCE STANDARDS

It shall be unlawful for any person to cause or allow the operation of any source in violation of any provision of Part 60, Title 40, of the Code of Federal Regulations (CFR) in effect July 1, ((1996)) 1997 herein incorporated by reference.

AMENDATORY SECTION

REGULATION I SECTION 7.07 OPERATING PERMIT FEES

(a) The Agency shall levy annual operating permit fees as set forth in ((the 1997 Operating Permit Fee Schedule)) Section 7.07(b) below to cover the cost of administering the operating permit program.

(b) Upon assessment by the Agency, the following operating permit fees are due and payable within 30 days. They shall be deemed delinquent if not fully paid within 90 days.

(1) Facility Fees:

Operating permit sources with ((SIC =)) the following Standard Industrial Classification (SIC) codes: ((2911, 3241, 3312, or 9711))

2911 Petroleum Refining

3241 Cement, Hydraulic

3312 Steel Works, Blast Furnaces, and Rolling Mills

9711 National Security

$18,000

Operating permit sources with ((SIC =)) the following SIC codes: ((1721, 2051, 2431, 2434, 2491, 2499, 2672, 3086, 3251, 3443, 3498, 3585, or 7641))

1721 Painting and Paper Hanging

2051 Bread and other Bakery Products, except Cookies and Crackers

2431 Millwork

2434 Wood Kitchen Cabinets

2491 Wood Preserving

2499 Wood Products

2672 Coated and Laminated Paper

3086 Plastics Foam Products

3251 Brick and Structural Clay Tile

3443 Fabricated Plate Work

3498 Fabricated Pipe and Pipe Fittings

3585 Air Conditioning and Warm-Air Heating Equipment, and Commercial and Industrial Refrigeration Equipment

7641 Reupholstery and Furniture Repair

$3,000

Operating permit sources with ((SIC =)) the following SIC codes: 3721 Aircraft or 3728 Aircraft Parts and Auxiliary Equipment with employee population:

8,000 or greater $18,000

1,000 through 7,999 $6,000

less than 1,000 $3,000

Operating permit sources with a SIC code ((=)) other than listed above $6,000

(2) Additional Emission Fees:

((1995)) 1996 CO emission fee¹ $((8)) 10/ton

((1995)) 1996 TAC emission fee² $((8)) 10/ton

((1995)) 1996 NOx, PM₁₀, or SOx

emission fee³ $((25)) 30/ton

((1995)) 1996 ((NR or)) VOC

emission fee⁴ $((25)) 30/ton

Continuous emission monitor fee⁵ $1,500/monitor

__________________

¹ Required only when CO emissions equal or exceed 25 tons in ((1995)) 1996.

² Required only when individual TAC emissions equal or exceed 2 tons in ((1995)) 1996 or when total facility TAC emissions exceed ((5)) 6 tons in ((1995)) 1996.

³ Required only when NOx, PM₁₀, or SOx emissions equal or exceed 25 tons in ((1995)) 1996.

⁴ Required only when ((organic compounds with negligible photochemical reactivity (NR), as listed in 40 CFR 51.100 (s)(1), or)) VOC emissions equal or exceed 25 tons in ((1995)) 1996.

⁵ Required only of continuous emission monitors ((required by)) subject to Section 12.02, counting each pollutant and location as a separate monitor.

(((b))) (c) The agency shall, on a source-by-source basis, levy the following surcharges:

(1) for the issuance, reissuance, or renewal of an operating permit, a surcharge equal to 20% of the annual operating permit fee, not to exceed $5,000.00.

(2) to cover the cost of public involvement under WAC 173-401-800.

(3) to cover the cost incurred by the Washington State Department of Health in enforcing 40 CFR Part 61, Subpart I and Chapter 246-247 WAC.

(((c))) (d) The Agency shall collect and transfer to the Washington State Department of Ecology a surcharge established by the Department of Ecology under WAC 173-401 to cover the Department of Ecology's program development and oversight costs.

(((d))) (e) Upon assessment by the Agency, operating permit fees are due and payable within 30 days. They shall be deemed delinquent if not fully paid within 90 days.

(((e))) (f) Continued payment to the Agency of the annual operating permit fee maintains the operating permit and the status of the source as an operating facility.

AMENDATORY SECTION

REGULATION I SECTION 7.09 GENERAL REPORTING REQUIREMENTS

(a) Emission Reporting. An emission report shall be required from each operating permit source of those air contaminants during the previous calendar year that equal or exceed the following (tons/year):

carbon monoxide (CO) emissions 25

facility-combined total of all toxic air contaminant (TAC) emissions ((5)) 6

any single toxic air contaminant (TAC) emissions 2

nitrogen oxide (NOx) emissions 25

particulate matter (PM₁₀) emissions 25

sulfur oxide (SOx) emissions 25

volatile organic compounds (VOC) emissions 25

Annual emission rates shall be reported to the nearest whole tons per year for only those air contaminants that equal or exceed the thresholds above.

(b) Operation and Maintenance Plan. Owners or operators of air contaminant sources subject to Regulation I Article 7 shall develop and implement an operation and maintenance plan to assure continuous compliance with Regulations I, II, and III. A copy of the plan shall be filed with the Control Officer upon request. The plan shall reflect good industrial practice and shall include, but not be limited to, the following:

(1) Periodic inspection of all equipment and control equipment;

(2) Monitoring and recording of equipment and control equipment performance;

(3) Prompt repair of any defective equipment or control equipment;

(4) Procedures for start up, shut down, and normal operation;

(5) The control measures to be employed to assure compliance with Section 9.15 of Regulation I; and

(6) A record of all actions required by the plan.

The plan shall be reviewed by the source owner or operator at least annually and updated to reflect any changes in good industrial practice.

AMENDATORY SECTION

REGULATION III SECTION 2.02 NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS