WSR 98-20-025

PERMANENT RULES

PUGET SOUND

AIR POLLUTION CONTROL AGENCY

[Filed September 25, 1998, 3:16 p.m., effective November 1, 1998]

Date of Adoption: September 10, 1998.

Purpose: To adjust fees for registration and operating permits in order to cover the costs of administering these programs.

Citation of Existing Rules Affected by this Order: Amending Reg. I - Sections 5.07 and 7.07.

Statutory Authority for Adoption: Chapter 70.94 RCW.

Adopted under notice filed as WSR 98-16-086 on August 5, 1998.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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, 1998.

September 24, 1998

James L. 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.

(((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.

(((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

(((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

(((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.

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

(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

((Operating permit sources with the following SIC codes:

3721 Aircraft, or

3728 Aircraft Parts and Auxiliary Equipment with employee population:

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.

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