Date of Adoption: May 23, 2002.

     Purpose: To adjust the fees for operating permits to cover program costs and to establish a fee for delinquent invoices to cover the cost of rebilling those facilities.

     Citation of Existing Rules Affected by this Order: Amending Regulation I, Section 7.07.

     Statutory Authority for Adoption: Chapter 70.94 RCW.

      Adopted under notice filed as WSR 02-09-085 on April 17, 2002.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 1, 2002.

June 17, 2002

James Nolan

Director - Compliance

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 and will be subject to an additional delinquent fee equal to 25% of the original fee, not to exceed $5,000.

     (1) ((Facility Fees:)) Sources in the following 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, or sources subsequently determined by the control officer to be assigned to either Section 7.07 (b)(1)(i) or 7.07 (b)(1)(ii) shall be subject to the following facility fees:

     (i) ((Operating permit sources with the following 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:)) Operating permit sources with the following NAICS/SIC codes:

NAICS	SIC	NAICS Description
32411	2911	Petroleum Refineries
32731	3241	Cement Manufacturing
331111	3312	Iron and Steel Mills
336411	3721	Aircraft Manufacturing
336413	3728	Other Aircraft Parts and Auxiliary Equipment Manufacturing
92811	9711	National Security

. . . . . . . . . . . . $((25,000)) 30,000

     (ii) Operating permit sources with the following NAICS/SIC codes:

NAICS	SIC	NAICS Description
23521	1721	Painting and Wall Covering Contractors
311812	2051	Commercial Bakeries
321114	2491	Wood Preservation
32191	2431	Millwork
321999	2499	All Other Miscellaneous Wood Product Manufacturing
322222	2672	Coated and Laminated Paper Manufacturing
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	Plate Work Manufacturing
332996	3498	Fabricated Pipe and Pipe Fitting Manufacturing
333415	3585	Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing
33711	2434	Wood Kitchen Cabinet and Countertop Manufacturing
81142	7641	Reupholstery and Furniture Repair

     . . . . . . . . . . . . $((5,000)) 7,500

     (iii) Operating permit sources with NAICS/SIC codes

     other than listed above . . . . . . . . . . . . $((10,000)) 15,000

     (2) Additional emission rate fees shall be paid in addition to the annual operating permit fees of Section 7.07 (b)(1):

     $((20)) 22 for each ton of CO reported ((when the CO emissions are equal to or exceed 25 tons)) in the previous calendar year, and

     $((40)) 44 for each ton of NOx reported ((when the NOx emissions are equal to or exceed 25 tons)) in the previous calendar year, and

     $((40)) 44 for each ton of PM₁₀ reported ((when the PM₁₀ emissions are equal to or exceed 25 tons)) in the previous calendar year, and

     $((40)) 44 for each ton of SOx reported ((when the SOx emissions are equal to or exceed 25 tons)) in the previous calendar year, and

     $((40)) 44 for each ton of VOC reported ((when the VOC emissions are equal to or exceed 25 tons)) in the previous calendar year, and

     $((40)) 44 for each ton of HAP reported ((when the facility total HAP emissions are equal to or exceed 6 tons)) in the previous calendar year ((or when any single individual HAP emissions are equal to or exceed 2 tons in 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) $250 for administrative permit amendments, and

     (2) for minor permit modifications, a fee equal to 10% of the annual operating permit fee, not to exceed $5,000, and

     (3) for the issuance, significant modification, or renewal of an operating permit, a fee equal to 20% of the annual operating permit fee, not to exceed $10,000, and

     (4) to cover the cost of public involvement under WAC 173-401-800, and

     (5) 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 Chapter ((WAC)) 173-401 WAC 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.

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