WSR 98-11-078
PROPOSED RULES
OLYMPIC AIR POLLUTION
CONTROL AUTHORITY
[Filed May 19, 1998, 12:48 p.m.]
Original Notice.
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
AMENDATORY SECTION
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
annual fee component | fee component description | fee
amount |
Facility Fee | Fee assessed to all sources requiring registration or an operating permit. | $(( 107.00 |
Generating
Equip.
Fee |
Fee assessed per each item of air contaminant generating equipment located at the source. | $(( 45.00 |
Stack Fee | Fee assessed per each stack located at the source. | $(( 27.00 |
Emissions Fee | Fee assessed per ton of TSP, SO2, NOx, VOC, and toxic air contaminants emissions which exceeded 10 tons per year for the previous calendar year based on actual emissions. | $(( 11.00 |
Class Fees:
|
||
RC1 | Major sources (>100 tpy) | $(( 1345 |
RC2 | Major toxic sources | $(( 1138 |
RC3 | Criteria pollutants > 30 tpy | $(( 580 |
RC4 | Criteria pollutants > 10 tpy | $(( 124 |
RC5 | Criteria pollutant < 10 tpy | $(( 31 |
RC6 | Toxic air contaminants < 10 tpy | $(( 124 |
RC7 | < 100 gal/mo VOC containing materials | $(( 62 |
RC8 | Incinerators < 30 tpy emissions | $(( 217 |
RC9 | Potential odor sources. | $(( 62 |
RC10 | Maj. gasoline terminals & bulk plants | $(( 155 |
RC11 | Min. gasoline terminals & bulk plants | $(( 104 |
RC12 | Gas stations requiring Stage II | $(( 11 |
RC13 | Gas stations > 100 thousand gal/yr | $ 0 |
RC14 | vacant classification | (( |
RC15 | Other sources requiring registration | $(( 104 |
source specific ambient air monitoring fees | Fees charged a source for oapca to establish and operate a special purpose source specific monitoring station will be determined on a case by case basis when such monitoring is required. | variable |
((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
portable air contaminant source | fee amount |
Asphalt Plant | $(( |
Soil Remediation Plant | $(( |
Rock Crusher | $300 |
Chipper | $100 |
Other | $100 |