PROPOSED RULES
CLEAN AIR AGENCY
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 replace the SIC code wording with the NAICS code wording; and to replace the year (1998) with the phrase "the previous calendar year."
Other Identifying Information: Section 5.07 Registration Fees and Section 7.07 Operating Permit Fees.
Statutory Authority for Adoption: Chapter 70.94 RCW.
Statute Being Implemented: RCW 70.94.141.
Summary: This proposal will replace the SIC code wording with the NAICS code wording; and will add the phrase "the previous calendar year" in place of the numerical year.
Reasons Supporting Proposal: The United States Census Bureau and the Internal Revenue Service have begun to use NAICS rather than SIC codes. Use of the phrase "the previous calendar year" will mean that unless the fees change, there will be no need to update these regulations on an annual basis.
Name of Agency Personnel Responsible for Drafting: John Anderson, 110 Union Street, #500, Seattle, WA 98101, (206) 689-4051; 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 Clean Air 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 will replace the standard industrial classification (SIC) code wording with the North American industry classification system (NAICS) code wording for the primary classification of the annual registration fees and the operating permit fees. There would be no change in fees nor any change in classification because of this revision.
This proposal also replaces the reference to calendar year "1998" with the phrase "the previous calendar year." This would provide consistency with the reporting requirements, and not require an annual regulation revision when fees are not adjusted.
Proposal does not change existing rules. These are technical changes, our rules will remain the same.
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 Clean Air Agency Offices, 110 Union Street, #500, Seattle, WA 98101, on July 13, 2000, at 9:00 a.m.
Assistance for Persons with Disabilities: Contact Agency Receptionist, (206) 689-4010, by July 6, 2000, TDD (800) 833-6388, or (800) 833-6385 (Braille).
Submit Written Comments to: Dennis McLerran, Puget Sound Clean Air Agency, 110 Union Street, #500, Seattle, WA 98101, fax (206) 343-7522, by July 3, 2000.
Date of Intended Adoption: July 13, 2000.
June 6, 2000
John K. Anderson
Senior Engineer
AMENDATORY SECTION
REGULATION I SECTION 5.07 REGISTRATION FEES
(a) The Agency shall levy annual fees as set forth in
Section 5.07(c) 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, 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:
(1) Emission reporting sources under Section 5.05(d) that equal or exceed any of the emission thresholds in this paragraph 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 100 tons in ((1998)) the previous calendar year, and
$35 for each ton of NOx when the NOx emissions are equal to
or exceed 25 tons in ((1998)) the previous calendar year, and
$35 for each ton of PM10 when the PM10 emissions are equal to
or exceed 25 tons in ((1998)) the previous calendar year, and
$35 for each ton of SOx when the SOx emissions are equal to
or exceed 25 tons in ((1998)) the previous calendar year, and
$35 for each ton of VOC when the VOC emissions are equal to
or exceed 25 tons in ((1998)) the previous calendar year, and
$35 for each ton of HAP when the facility total HAP
emissions are equal to or exceed 6 tons in ((1998)) the previous
calendar year or when any single individual HAP emissions are
equal to or exceed 2 tons in ((1998)) the previous calendar year.
(2) Emission reporting sources under Section 5.05(d) that equal or exceed any of the emission thresholds in this paragraph shall be charged the annual registration fee of $2,000 plus an additional emission rate fee of:
$15 for each ton of CO when the CO emissions are equal to or
exceed 200 tons in ((1998)) the previous calendar year, and
$35 for each ton of NOx when the NOx emissions are equal to
or exceed 50 tons in ((1998)) the previous calendar year, and
$35 for each ton of PM10 when the PM10 emissions are equal to
or exceed 50 tons in ((1998)) the previous calendar year, and
$35 for each ton of SOx when the SOx emissions are equal to
or exceed 50 tons in ((1998)) the previous calendar year, and
$35 for each ton of VOC when the VOC emissions are equal to
or exceed 50 tons in ((1998)) the previous calendar year, and
$35 for each ton of HAP when the facility total HAP
emissions are equal to or exceed 12 tons in ((1998)) the previous
calendar year or when any single individual HAP emissions are
equal to or exceed 4 tons in ((1998)) the previous calendar year.
(3) Automobile body repair and painting (SIC = 7532, NAICS = 811121)
without EnviroStar rating of 4 or 5 stars . . . . . . . . . . . . $250
with EnviroStar rating of 4 or 5 stars . . . . . . . . . . . . $50
(4) Dry-cleaning plants, except rug cleaning (SIC = 7216, NAICS = 812322)
without refrigerated condenser . . . . . . . . . . . . $500
with refrigerated condenser . . . . . . . . . . . . $150
(5) Gasoline service stations with 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
(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) or)) North
American Industry Classification System (NAICS) codes (North
American Industry Classification System Manual, U.S. Executive
Office of the President, Office of Management and Budget, 1997)
or 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:
| Business Associations)) |
| NAICS | SIC | NAICS Description | ||
| 212312 | 1422 | Crushed and Broken Limestone Mining and Quarrying | ||
| 212319 | 1429 | Other Crushed and Broken Stone Mining and Quarrying | ||
| 212321 | 1442 | Construction Sand and Gravel Mining | ||
| 212322 | 1446 | Industrial Sand Mining | ||
| 221122 | 4911 | Electric Power Distribution | ||
| 22132 | 4952 | Sewage Treatment Facilities | ||
| 23411 | 1611 | Highway and Street Construction | ||
| 311421 | 2035 | Fruit and Vegetable Canning | ||
| 311613 | 2077 | Rendering and Meat Byproduct Processing | ||
| 311999 | 2099 | All Other Miscellaneous Food Manufacturing | ||
| 321114 | 2491 | Wood Preservation | ||
| 324121 | 2951 | Asphalt Paving Mixture and Block Manufacturing | ||
| 324122 | 2952 | Asphalt Shingle and Coating Materials Manufacturing | ||
| 325311 | 2873 | Nitrogenous Fertilizer Manufacturing | ||
| 325314 | 2875 | Fertilizer (Mixing Only) Manufacturing | ||
| 325412 | 2834 | Pharmaceutical Preparation Manufacturing | ||
| 325612 | 2842 | Polish and Other Sanitation Good Manufacturing | ||
| 32591 | 2893 | Printing Ink Manufacturing | ||
| 326291 | 3061 | Rubber Product Manufacturing for Mechanical Use | ||
| 327211 | 3211 | Flat Glass Manufacturing | ||
| 32731 | 3241 | Cement Manufacturing | ||
| 32732 | 3273 | Ready-Mix Concrete Manufacturing | ||
| 32739 | 3272 | Other Concrete Product Manufacturing | ||
| 32742 | 3275 | Gypsum Product Manufacturing | ||
| 32791 | 3291 | Abrasive Product Manufacturing | ||
| 327992 | 3295 | Ground or Treated Mineral and Earth Manufacturing | ||
| 327999 | 3292, 3299 | All Other Miscellaneous Nonmetallic Mineral Product Manufacturing | ||
| 331111 | 3312 | Iron and Steel Mills | ||
| 331222 | 3315 | Steel Wire Drawing | ||
| 331312 | 3334 | Primary Aluminum Production | ||
| 331492 | 3341 | Secondary Smelting, Refining and Alloying of Nonferrous Metal (except Copper and Aluminum) | ||
| 331511 | 3321 | Iron Foundries | ||
| 331512 | 3324 | Steel Investment Foundries | ||
| 331513 | 3325 | Steel Foundries (except Investment) | ||
| 331524 | 3365 | Aluminum Foundries (except Die-Casting) | ||
| 331525 | 3366 | Copper Foundries (except Die-Casting) | ||
| 331528 | 3369 | Other Nonferrous Foundries (except Die-Casting) | ||
| 332811 | 3398 | Metal Heat Treating | ||
| 332812 | 3479 | Metal Coating, Engraving (except Jewelry and Silverware), and Allied Services to Manufacturers | ||
| 332813 | 3471 | Electroplating, Plating, Polishing, Anodizing, and Coloring | ||
| 333414 | 3433 | Heating Equipment (except Warm Air Furnaces) Manufacturing | ||
| 333999 | 3599 | All Other Miscellaneous General Purpose Machinery Manufacturing | ||
| 334413 | 3674 | Semiconductor and Related Device Manufacturing | ||
| 334418 | 3679 | Printed Circuit Assembly (Electronic Assembly) Manufacturing | ||
| 335312 | 7694 | Motor and Generator Manufacturing | ||
| 336611 | 3731 | Ship Building and Repairing | ||
| 42251 | 5153 | Grain and Field Bean Wholesalers | ||
| 42269 | 5169 | Other Chemical and Allied Products Wholesalers | ||
| 48691 | 4613 | Pipeline Transportation of Refined Petroleum Products | ||
| 48821 | 4013 | Support Activities for Rail Transportation | ||
| 562111 | 4953 | Solid Waste Collection | ||
| 62221 | 8063 | Psychiatric and Substance Abuse Hospitals | ||
| 62231 | 8069 | Specialty (except Psychiatric and Substance Abuse) Hospitals | ||
| 81391 | 8611 | Business Associations |
(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 or))
North American Industry Classification System (NAICS) codes or
Standard Industrial Classification (SIC) codes shall be charged
an annual registration fee of $500:
| National Security)) |
| NAICS | SIC | NAICS Description | ||
| 115112 | 0711 | Soil Preparation, Planting, and Cultivating | ||
| 212325 | 1459 | Clay and Ceramic and Refractory Minerals Mining | ||
| 22132 | 4952 | Sewage Treatment Facilities | ||
| 22133 | 4961 | Steam and Air-Conditioning Supply | ||
| 23321 | 1521 | Single-Family Housing Construction | ||
| 23499 | 1629 | All Other Heavy Construction | ||
| 23531 | 1731 | Electrical Contractors | ||
| 311111 | 2047 | Dog and Cat Food Manufacturing | ||
| 311119 | 2048 | Other Animal Food Manufacturing | ||
| 311211 | 2041 | Flour Milling | ||
| 311422 | 2032 | Specialty Canning | ||
| 311612 | 2013 | Meat Processed from Carcasses | ||
| 311711 | 2091 | Seafood Canning | ||
| 311821 | 2052 | Cookie and Cracker Manufacturing | ||
| 311822 | 2045 | Flour Mixes and Dough Manufacturing from Purchased Flour | ||
| 311823 | 2098 | Dry Pasta Manufacturing | ||
| 311919 | 2096 | Other Snack Food Manufacturing | ||
| 31192 | 2095 | Coffee and Tea Manufacturing | ||
| 312111 | 2086 | Soft Drink Manufacturing | ||
| 31212 | 2082 | Breweries | ||
| 321113 | 2421, 2429 | Sawmills | ||
| 321213 | 2439 | Engineered Wood Member (except Truss) Manufacturing | ||
| 321219 | 2493 | Reconstituted Wood Product Manufacturing | ||
| 32191 | 2431 | Millwork | ||
| 321912 | 2426 | Cut Stock, Resawing Lumber, and Planing | ||
| 32192 | 2441, 2448 | Wood Container and Pallet Manufacturing | ||
| 321992 | 2452 | Prefabricated Wood Building Manufacturing | ||
| 32213 | 2631 | Paperboard Mills | ||
| 322211 | 2653 | Corrugated and Solid Fiber Box Manufacturing | ||
| 322212 | 2657 | Folding Paperboard Box Manufacturing | ||
| 322213 | 2652 | Setup Paperboard Box Manufacturing | ||
| 322231 | 2675 | Die-Cut Paper and Paperboard Office Supplies Manufacturing | ||
| 32311 | 2759 | Printing | ||
| 323110 | 2752 | Commercial Lithographic Printing | ||
| 325188 | 2819 | All Other Basic Inorganic Chemical Manufacturing | ||
| 325199 | 2869 | All Other Basic Organic Chemical Manufacturing | ||
| 325211 | 2821 | Plastics Material and Resin Manufacturing | ||
| 32551 | 2851 | Paint and Coating Manufacturing | ||
| 326112 | 2671 | Unsupported Plastics Packaging Film and Sheet Manufacturing | ||
| 326199 | 3089 | All Other Plastics Product Manufacturing | ||
| 326212 | 7534 | Tire Retreading | ||
| 327331 | 3271 | Concrete Block and Brick Manufacturing | ||
| 332112 | 3463 | Nonferrous Forging | ||
| 332116 | 3469 | Metal Stamping | ||
| 332312 | 3441, 3449 | Fabricated Structural Metal Manufacturing | ||
| 332322 | 3444 | Sheet Metal Work Manufacturing | ||
| 332323 | 3446 | Ornamental and Architectural Metal Work Manufacturing | ||
| 33242 | 3443 | Metal Tank (Heavy Gauge) Manufacturing | ||
| 332618 | 3496 | Other Fabricated Wire Product Manufacturing | ||
| 332993 | 3483 | Ammunition (except Small Arms) Manufacturing | ||
| 332996 | 3498 | Fabricated Pipe and Pipe Fitting Manufacturing | ||
| 332999 | 3499 | All Other Miscellaneous Fabricated Metal Product Manufacturing | ||
| 333294 | 3556 | Food Product Machinery Manufacturing | ||
| 333515 | 3545 | Cutting Tool and Machine Tool Accessory Manufacturing | ||
| 333994 | 3567 | Industrial Process Furnace and Oven Manufacturing | ||
| 334111 | 3571 | Electronic Computer Manufacturing | ||
| 33422 | 3663 | Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing | ||
| 334412 | 3672 | Bare Printed Circuit Board Manufacturing | ||
| 334513 | 3823 | Instruments and Related Products Manufacturing for Measuring, Displaying, and Controlling Industrial Process Variables | ||
| 334518 | 3873 | Watch, Clock, and Part Manufacturing | ||
| 335129 | 3648 | Other Lighting Equipment Manufacturing | ||
| 335228 | 3639 | Other Major Household Appliance Manufacturing | ||
| 335911 | 3691 | Storage Battery Manufacturing | ||
| 335999 | 3629 | All Other Miscellaneous Electrical Equipment and Component Manufacturing | ||
| 336211 | 3713 | Motor Vehicle Body Manufacturing | ||
| 336411 | 3721 | Aircraft Manufacturing | ||
| 336413 | 3728 | Other Aircraft Parts and Auxiliary Equipment Manufacturing | ||
| 33651 | 3743 | Railroad Rolling Stock Manufacturing | ||
| 33711 | 2434 | Wood Kitchen Cabinet and Countertop Manufacturing | ||
| 337122 | 5712 | Nonupholstered Wood Household Furniture Manufacturing | ||
| 42132 | 5032 | Brick, Stone, and Related Construction Material Wholesalers | ||
| 42151 | 5051 | Metal Service Centers and Offices | ||
| 42169 | 5065 | Other Electronic Parts and Equipment Wholesalers | ||
| 42193 | 5093 | Recyclable Material Wholesalers | ||
| 42261 | 5162 | Plastics Materials and Basic Forms and Shapes Wholesalers | ||
| 42271 | 5171 | Petroleum Bulk Stations and Terminals | ||
| 422720 | 5172 | Petroleum and Petroleum Products Wholesalers (except Bulk Stations and Terminals) | ||
| 42299 | 5199 | Other Miscellaneous Nondurable Goods Wholesalers | ||
| 44419 | 5039 | Other Building Material Dealers | ||
| 454312 | 5984 | Liquefied Petroleum Gas (Bottled Gas) Dealers | ||
| 481111 | 4512 | Scheduled Passenger Air Transportation | ||
| 48411 | 4212 | General Freight Trucking, Local | ||
| 48819 | 4581 | Other Support Activities for Air Transportation | ||
| 48832 | 4491 | Marine Cargo Handling | ||
| 48833 | 4492 | Navigational Services to Shipping | ||
| 48849 | 4173 | Other Support Activities for Road Transportation | ||
| 49312 | 4222 | Refrigerated Warehousing and Storage | ||
| 51111 | 2711 | Newspaper Publishers | ||
| 51112 | 2721 | Periodical Publishers | ||
| 51113 | 2731 | Book Publishers | ||
| 51421 | 7374 | Data Processing Services | ||
| 53111 | 6513 | Lessors of Residential Buildings and Dwellings | ||
| 54171 | 8731 | Research and Development in the Physical, Engineering, and Life Sciences | ||
| 56121 | 8744 | Facilities Support Services | ||
| 61131 | 8221 | Colleges, Universities, and Professional Schools | ||
| 62211 | 8062 | General Medical and Surgical Hospitals | ||
| 62431 | 8331 | Vocational Rehabilitation Services | ||
| 712190 | 8422 | Nature Parks and Other Similar Institutions | ||
| 81221 | 7261 | Funeral Homes and Funeral Services | ||
| 81222 | 7261 | Cemeteries and Crematories | ||
| 812331 | 7219 | Linen Supply | ||
| 812332 | 7218 | Industrial Launderers | ||
| 922120 | 9221 | Police Protection | ||
| 92214 | 9223 | Correctional Institutions | ||
| 92811 | 9711 | National Security |
(8) All other sources, not listed above in Sections (1) through (7), 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 or)) North American
Industry Classification System (NAICS) codes (North American
Industry Classification System Manual, U.S. Executive Office of
the President, Office of Management and Budget, 1997) or Standard
Industrial Classification (SIC) codes:
| (( |
NAICS | SIC | (( |
||
| (( |
32411 | 2911 | Petroleum (( |
||
| (( |
32731 | 3241 | Cement(( |
||
| (( |
331111 | 3312 | (( |
||
| (( |
336411 | 3721 | Aircraft Manufacturing | ||
| (( |
336413 | 3728 | Other Aircraft Parts and Auxiliary Equipment Manufacturing | ||
| (( |
92811 | 9711 | National Security |
. . . . . . . . . . . . $21,000
(ii) Operating permit sources with the following
((SIC/))NAICS/SIC codes:
| (( |
NAICS | SIC | (( |
| (( |
23521 | 1721 | Painting and (( |
| (( |
311812 | 2051 | (( |
| 321114 | 2491 | Wood Preservation | |
| (( |
32191 | 2431 | Millwork |
| Wood Kitchen Cabinets)) | |||
| Wood Preserving)) | |||
| (( |
321999 | 2499 | All Other Miscellaneous Wood
Product(( |
| (( |
322222 | 2672 | Coated and Laminated Paper Manufacturing |
| Plastics Foam Products)) | |||
| 32614 | 3086 | Polystyrene Foam Product Manufacturing | |
| 32615 | 3086 | Urethane and Other Foam Product (except Polystyrene) Manufacturing | |
| (( |
327121 | 3251 | Brick and Structural Clay Tile Manufacturing |
| (( |
332313 | 3443 | (( |
| (( |
332996 | 3498 | Fabricated Pipe and Pipe
Fitting(( |
| (( |
333415 | 3585 | Air-Conditioning and
Warm(( |
| 33711 | 2434 | Wood Kitchen Cabinet and Countertop Manufacturing | |
| (( |
81142 | 7641 | Reupholstery and Furniture Repair |
(iii) Operating permit sources with ((SIC/))NAICS/SIC codes
other than listed above . . . . . . . . . . . . $7,000
(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 100 tons in ((1998)) the previous calendar year, and
$35 for each ton of NOx when the NOx emissions are equal to
or exceed 25 tons in ((1998)) the previous calendar year, and
$35 for each ton of PM10 when the PM10 emissions are equal to
or exceed 25 tons in ((1998)) the previous calendar year, and
$35 for each ton of SOx when the SOx emissions are equal to
or exceed 25 tons in ((1998)) the previous calendar year, and
$35 for each ton of VOC when the VOC emissions are equal to
or exceed 25 tons in ((1998)) the previous calendar year, and
$35 for each ton of HAP when the facility total HAP
emissions are equal to or exceed 6 tons in ((1998)) the previous
calendar year or when any single individual HAP emissions are
equal to or exceed 2 tons in ((1998)) the previous calendar year.
(c) In addition to the fees under Sections 7.07 (b)(1) and (b)(2) above, the Agency shall, on a source-by-source basis, levy the following fees:
(1) for the issuance, reissuance, or renewal of an operating permit, a 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, 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) 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.
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.