Exempt from preproposal statement of inquiry under RCW 70.94.141.

Title of Rule: Amend Article 5 of OAPCA's Regulation 1, Registration.

Purpose: Adjust the registration fees.

Statutory Authority for Adoption: Chapter 70.94 RCW.

Statute Being Implemented: RCW 70.94.141.

Summary: This proposal will increase the registration fees by the 1997 CPI.

Reasons Supporting Proposal: The registration fees need to be adjusted to recover more of the administrative costs.

Name of Agency Personnel Responsible for Drafting: Mark Goodin, 909 Sleater Kinney Road S.E., 438-8768; Implementation and Enforcement: Charles Peace, 909 Sleater Kinney Road, 438-8768.

Name of Proponent: Olympic Air Pollution Control Authority (OAPCA), governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: This proposal would increase registration fees to recover more of the administrative costs to run the program.

Proposal Changes the Following Existing Rules: Registration fees would increase to recover costs.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This agency is not subject to the small business economic impact provision of the Administrative Procedure Act.

RCW 34.05.328 does not apply to this rule adoption. Pursuant to RCW 70.94.141, RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Olympic Air Pollution Control Authority, 909 Sleater Kinney Road S.E. #1, Lacey, WA 98503, on July 8, 1998, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Craig Weckesser by July 3, 1998, (360) 438-8768 ext. 111.

Submit Written Comments to: Charles Peace, FAX (360) 491-6308, by July 8, 1998.

Date of Intended Adoption: August 9, 1998.

May 14, 1998

Charles Peace

Executive Director

SECTION 5.05 ANNUAL REGISTRATION FEES

(a) The Authority shall charge Initial and ((a))Annual registration fees pursuant to RCW 70.94.151. Annual registration fees shall be assessed according to the annual fee schedules set forth in section 5.05(b) below. Initial registration fees shall be assessed upon initial registration of a source and shall equal the annual registration fee based on projected emissions and prorated for the remaining months in the fiscal year. Initial and Annual registration fees ((collected by the Authority)) shall provide revenue to fund the Authority's ongoing Registration Program.

(b) All sources requiring annual registration shall be assessed an annual registration fee consisting of the sum of a "facility fee", "generating equipment fee", "stack fee", "class fee", "emissions fee", and "source specific monitoring fee" according to items (1) through (((10))9) of this subsection and amounts as specified in Table 5.3. Sources assessed annual operating permit fees under Article 6 of Regulation 1 shall not be assessed annual fees under this section.

(1) facility fee - All sources requiring registration shall pay an annual "facility fee" of an amount as indicated in Table 5.3; and

(2) A generating equipment fee of an amount as indicated in Table 5.3 for each item of air contaminant generating equipment located at the source; and

(3) A stack fee of an amount as indicated in Table 5.3 for each stack located at the source; and

(4) An emissions fee of an amount as indicated in Table 5.3 per ton of each air contaminant listed in Table 5.1 emitted by the source in excess of 10 tons, evaluated on a pollutant by pollutant basis, during the previous calendar year, or as contained in the file or permit; and

(5) A class fee of an amount as specified in Table 5.3; and

(6) A source specific monitoring fee of an amount as specified in Table 5.3 if ambient monitoring is a requirement for the source;

(7) The authority shall assess the emissions fee based on actual emissions from the source for the last calendar year when available;

(8) The annual registration fees required by this section shall be based on process rates, equipment specifications, and emissions data from the previous calendar year on file with the Authority. For purposes of assessing annual registration fees, the Authority shall consider updates and revisions to any source's file, received prior to August 1 of the current year. If process rates, equipment specifications, and emissions data from the previous calendar year is not on file with the Authority, the Authority may base the annual fee on the enforceable emissions limitations for the source and maximum capacities and production rates.

(9) For purposes of assessing annual registration fees, definitions for air contaminant generating equipment and stacks shall be consistent with the definitions in section 5.00, and air contaminant generating equipment and stacks which are identical in size, capacity, function, and emissions may be counted as one unit as approved by the Authority.

(c) The Authority shall assess annual registration fees after August 1 of each year to cover the cost of administering the program for the current fiscal year commencing on July 1 and ending on June 30. The Authority shall assess annual registration fees based on the most recent information on file with the Authority including any updates to the source's file received prior to August 1 of that year.

(d) Upon assessment by the Authority, annual registration fees are due and payable and shall be deemed delinquent if not fully paid within thirty (30) days. However,

(((e) S))sources classified as RC1 or RC2 shall be given the option to pay their annual fee in quarterly installments. RC1 and RC2 sources may choose to pay their annual fees in quarterly installments by indicating so on the first invoice received and remitting payment of the first installment ((back)) to the Authority along with the duplicate copy of the invoice. Quarterly installments shall be equal to 25% of the total annual registration fee((. Installments)) and shall be due within 30 days of each quarter following initial ((from)) assessment by the Authority.

(((f))e) Any source which does not pay their annual registration fee or annual registration fee installment within thirty (30) days of the due date, shall be assessed a late penalty in the amount of 25% of their annual registration fee. This late penalty shall be in addition to the annual registration fee.

(((g))f) Annual registration fees may be appealed according to the procedure specified in section 3.17

table 5.3: annual registration fees

((TABLE 5.3 NOTES: "na" means non-applicable.))

(((h))g) On a annual basis, starting with calendar year 1994, the Authority shall conduct a workload analysis to determine the adequacy and fairness of the annual registration fee schedule. The workload analysis shall be based on the Authority's historical record of time and resource expenditures associated with the registration program. The workload analysis shall be made available if ((upon)) a request is made to the Authority. Any proposed revisions to the annual registration fee schedule shall be presented to the Board for adoption after public noticing pursuant to Regulation 1 public noticing requirements and opportunity for a public hearing.

AMENDATORY SECTION

SECTION 5.06 NOTICE OF INTENT TO OPERATE

(a) For portable air contaminant sources which locate temporarily at particular sites and move within the OAPCA region a Notice of Intent to Operate must be filed with the Authority pursuant to Article 7, section 7.01(a). The Authority shall not commence processing of a Notice of Intent to Operate until it has received fees as shown in Table 5.4.

(b) For portable air contaminant sources which come from outside the OAPCA region a Notice of Construction and Application for Approval must be filed pursuant to Article 7, section 7.01.

table 5.4: portable air contaminant source fees