WSR 98-16-086
PROPOSED RULES
PUGET SOUND AIR
POLLUTION CONTROL AGENCY
[Filed August 5, 1998, 10:07 a.m.]
Original Notice.
Exempt from preproposal statement of inquiry under RCW 70.94.141(1).
Title of Rule: Amend Regulation I, Sections 5.07 and 7.07.
Purpose: To adjust fees for registration and operating permits in order to cover the costs of administering these programs.
Other Identifying Information: Section 5.07 pertains to Registration Fees and Section 7.07 pertains to Operating Permit Fees.
Statutory Authority for Adoption: Chapter 70.94 RCW.
Statute Being Implemented: RCW 70.94.141.
Summary: Proposal adjusts Registration and Operating Permit fees to cover the cost of the programs.
Reasons Supporting Proposal: Registration and Operating Permit fees need to cover the cost of the programs.
Name of Agency Personnel Responsible for Drafting: Jim Nolan, 110 Union Street, #500, Seattle, WA 98101, (206) 689-4053; Implementation: Dave Kircher, 110 Union Street, #500, Seattle, WA 98101, (206) 689-4050; and Enforcement: Neal Shulman, 110 Union Street, #500, Seattle, WA 98101, (206) 689-4078.
Name of Proponent: Puget Sound Air Pollution Control Agency, governmental.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The state implementation plan will be updated to reflect these amendments.
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 and Operating Permit fees in order to cover the costs of administering these programs.
Proposal Changes the Following Existing Rules: Registration and Operating Permit fees would increase to cover program 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(1), RCW 34.05.328 does not apply to this rule adoption.
Hearing Location: Puget Sound Air Pollution Control Agency Offices, 110 Union Street, #500, Seattle, WA 98101, on September 10, 1998, at 9:00 a.m.
Assistance for Persons with Disabilities: Contact Agency Receptionist, (206) 689-4010, by September 3, 1998, TDD (800) 833-6388, or (800) 833-6385 (Braille).
Submit Written Comments to: Dennis McLerran, Puget Sound Air Pollution Control Agency, 110 Union Street, #500, Seattle, WA 98101, fax (206) 343-7522, by August 31, 1998.
Date of Intended Adoption: September 10, 1998.
August 4, 1998
James Nolan
Director - Compliance
AMENDATORY SECTION
REGULATION I SECTION 5.07 REGISTRATION FEES
(a) The Agency shall levy annual fees as set forth in
Section 5.07(c) (((b))) below 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.
(c) Annual registration fees are assessed either by the emission reporting thresholds or, if below emission thresholds, by the primary Standard Industrial Classification (SIC) of the source:
(((6))) (1) 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)) that
section shall be charged an annual registration fee of $1,000
plus an additional emission rate fee of:
$15 for each ton of CO when the CO emissions are equal to or exceed 25 tons in 1997, and
$35 for each ton of NOx when the NOx emissions are equal to or exceed 25 tons in 1997, and
$35 for each ton of PM10 when the PM10 emissions are equal to or exceed 25 tons in 1997, and
$35 for each ton of SOx when the SOx emissions are equal to or exceed 25 tons in 1997, and
$35 for each ton of VOC when the VOC emissions are equal to or exceed 25 tons in 1997, and
$15 for each ton of TAC when the facility total TAC emissions are equal to or exceed 6 tons in 1997 or when any single individual TAC emissions are equal to or exceed 2 tons in 1997.
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(((5)))(2) Emission reporting sources under Section 5.05(d)
that equal or exceed twice any of the ((following)) emission
thresholds in that section ((tons per year during the previous
calendar year:)) shall be charged the annual registration fee of
Section 5.07 (c)(1) above plus an additional $1,000.
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Automobile body repair and painting (SIC = 7532) . . . | (( |
| without EnviroStar rating of 4 or 5 stars . . . | $250 | |
| with EnviroStar rating of 4 or 5 stars (as certified at the time of annual fee payment . . . | $50 | |
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Dry-cleaning plants, except rug cleaning (SIC = 7216) . . . | (( |
| without refrigerated condenser . . . | $500 | |
| with refrigerated condenser . . . | $150 | |
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Gasoline service stations with
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| gasoline annual throughput during the last calendar year (as certified at the time of annual fee payment) of: | ||
| (i) | more than 1,200,000 gallons . . . | $400 |
| (ii) | 840,001 to 1,200,000 gallons in Kitsap County . . . | $250 |
| (iii) | 600,001 to 1,200,000 gallons in King, Pierce, or Snohomish County . . . | $250 |
| (iv) | 600,001 to 840,000 gallons in Kitsap County . . . | $150 |
| (v) | 200,000 to 600,000 gallons . . . | $150 |
| (vi) | less than 200,000 gallons . . . | $100 |
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(((7) Other s)) (6) Sources having 10 or more full-time
employees at the facility site (as certified at the time of
annual fee payment) and 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) shall be
charged an annual registration fee of $1,000:
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 & 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
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(((8))) (7) Other sources having 10 or more full-time
employees at the facility site (as certified at the time of
annual fee payment) and requiring registration under Section 5.03
in the following Standard Industrial Classification (SIC) codes
shall be charged an annual registration fee of $500:
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
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(((9))) (8) All ((O))other sources, ((other than)) not
listed above in Sections (1) through (7) (((8))), requiring
registration under Section 5.03, shall be charged an annual
registration fee of $250.
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Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION
REGULATION I SECTION 7.07 OPERATING PERMIT FEES
(a) The Agency shall levy annual operating permit fees as set forth in 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:
(i) Operating permit sources with the following Standard Industrial Classification (SIC) codes:
2911 Petroleum Refining
3241 Cement, Hydraulic
3312 Steel Works, Blast Furnaces, and Rolling Mills
3721 Aircraft
3728 Aircraft Parts and Auxiliary Equipment
9711 National Security
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(ii) Operating permit sources with the following SIC codes:
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
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((Operating permit sources with the following SIC codes:
3721 Aircraft, or
3728 Aircraft Parts and Auxiliary Equipment with employee
population:
| (iii) Operating permit sources with a SIC code other than listed above . . . | $(( | |
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1Required only when CO emissions equal or exceed 25 tons in
1996.
2Required only when individual TAC emissions equal or exceed
2 tons in 1996 or when total facility TAC emissions exceed 6 tons
in 1996.
3Required only when NOx, PM10, or SOx emissions equal or
exceed 25 tons in 1996.
4Required only when VOC emissions equal or exceed 25 tons in
1996.
5Required only of continuous emission monitors subject to
Section 12.01, counting each pollutant and location as a separate
monitor.))
(2) Additional emission rate fees shall be paid in addition to the annual operating permit fees of Section 7.07 (b)(1):
$15 for each ton of CO when the CO emissions are equal to or exceed 25 tons in 1997, and
$35 for each ton of NOx when the NOx emissions are equal to or exceed 25 tons in 1997, and
$35 for each ton of PM10 when the PM10 emissions are equal to or exceed 25 tons in 1997, and
$35 for each ton of SOx when the SOx emissions are equal to or exceed 25 tons in 1997, and
$35 for each ton of VOC when the VOC emissions are equal to or exceed 25 tons in 1997, and
$15 for each ton of TAC when the facility total TAC emissions are equal to or exceed 6 tons in 1997 or when any single individual TAC emissions are equal to or exceed 2 tons in 1997.
(c) In addition to the fees under Section 7.07 (b)(1) and
(b)(2) above, ((T))the ((a))Agency shall, on a source-by-source
basis, levy the following ((surcharges)) fees:
(1) for the issuance, reissuance, or renewal of an operating
permit, a ((surcharge)) fee equal to 20% of the annual operating
permit fee, not to exceed $5,000.00((.)), and
(2) to cover the cost of public involvement under WAC 173-401-800((.)), and
(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.
(d) In addition to the fees described under Sections 7.07
(b) and (c) above, ((T))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.
(((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.))
(((f))) (e) 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.