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SUBSTITUTE
HOUSE BILL 1033
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Passed
Legislature - 1997 Regular Session
AS
AMENDED BY THE SENATE
State of Washington 55th
Legislature 1997 Regular Session
By
Read first time 01/29/97.
Revising
requirements for grain facilities under the Washington clean air act.
AN
ACT Relating to requirements for grain facilities under the Washington clean
air act; and amending RCW 70.94.151.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
70.94.151 and 1993 c 252 s 3 are each amended to read as follows:
(1)
The board of any activated authority or the department, may classify air
contaminant sources, by ordinance, resolution, rule or regulation, which in its
judgment may cause or contribute to air pollution, according to levels and
types of emissions and other characteristics which cause or contribute to air
pollution, and may require registration or reporting or both for any such class
or classes. Classifications made pursuant to this section may be for
application to the area of jurisdiction of such authority, or the state as a
whole or to any designated area within the jurisdiction, and shall be made with
special reference to effects on health, economic and social factors, and physical
effects on property.
(2)
Except as provided in subsection (3) of this section, any person
operating or responsible for the operation of air contaminant sources of any
class for which the ordinances, resolutions, rules or regulations of the
department or board of the authority, require registration and reporting shall
register therewith and make reports containing information as may be required
by such department or board concerning location, size and height of contaminant
outlets, processes employed, nature of the contaminant emission and such other
information as is relevant to air pollution and available or reasonably capable
of being assembled. The department or board may require that such registration
be accompanied by a fee and may determine the amount of such fee for such class
or classes: PROVIDED, That the amount of the fee shall only be to compensate
for the costs of administering such registration program which shall be defined
as initial registration and annual or other periodic reports from the source
owner providing information directly related to air pollution registration,
on-site inspections necessary to verify compliance with registration
requirements, data storage and retrieval systems necessary for support of the
registration program, emission inventory reports and emission reduction credits
computed from information provided by sources pursuant to registration program
requirements, staff review, including engineering analysis for accuracy and
currentness, of information provided by sources pursuant to registration
program requirements, clerical and other office support provided in direct
furtherance of the registration program, and administrative support provided in
directly carrying out the registration program: PROVIDED FURTHER, That any
such registration made with either the board or the department shall preclude a
further registration with any other board or the department.
All
registration program fees collected by the department shall be deposited in the
air pollution control account. All registration program fees collected by the
local air authorities shall be deposited in their respective treasuries.
(3)
If a registration or report has been filed for a grain warehouse or grain
elevator as required under this section, registration, reporting, or a
registration program fee shall not, after January 1, 1997, again be required
under this section for the warehouse or elevator unless the capacity of the
warehouse or elevator as listed as part of the license issued for the facility has
been increased since the date the registration or reporting was last made. If
the capacity of the warehouse or elevator listed as part of the license is
increased, any registration or reporting required for the warehouse or elevator
under this section must be made by the date the warehouse or elevator receives
grain from the first harvest season that occurs after the increase in its
capacity is listed in the license.
For
the purposes of this subsection, a "grain warehouse" or "grain
elevator" is an establishment classified in standard industrial
classification (SIC) code 5153 for wholesale trade; and a "license"
is a license issued by the department of agriculture licensing a facility as a
grain warehouse or grain elevator under chapter 22.09 RCW or a license issued
by the federal government licensing a facility as a grain warehouse or grain
elevator for purposes similar to those of licensure for the facility under
chapter 22.09 RCW.
This subsection does not apply to a grain warehouse or grain
elevator if the warehouse or elevator handles more than ten million bushels of
grain annually.
