(1) New source review and other air permitting fees for year 2024 and beyond.

(a) Fee schedule:

(i) Starting in 2023, ecology must prepare an annual budget that reflects the cost of the program;

(ii) Ecology will base the budget on the program costs per RCW 70A.15.2210(2);

(iii) Ecology may choose to establish fees to cover program costs for a two-year period;

(iv) If increases of permitting fees are necessary, ecology must evenly distribute the increased program cost as a percentage of the increased costs across all sources subject to the program.

(b) Public notice. Ecology must:

(i) Post the draft budget and draft new source review and other air quality permitting fee schedule on ecology's website by August 1st of the year before the fee schedule goes into effect.

(ii) Provide a 30-day public comment period on the draft budget and draft fee schedule.

(iii) Post the final budget and fee schedule on ecology's website by December 1st of the year before the fee schedule goes into effect.

(2) Carbon dioxide mitigation fees for year 2024 and beyond.

(a) Fee schedule:

(i) Starting in 2023, ecology must prepare an annual budget that reflects the cost of the program.

(ii) Ecology will base the budget on the program costs per RCW 70A.15.6270(3);

(iii) Ecology may choose to establish fees to cover program costs for a two-year period;

(iv) If increases of carbon dioxide mitigation fees are necessary, ecology must evenly distribute the increased program cost as a percentage of the increased costs across all sources subject to the program.

(b) Public notice. Ecology must:

(i) Post the draft budget and draft carbon dioxide mitigation fee schedule on ecology's website by August 1st of the year before the fee schedule goes into effect.

(ii) Provide a 30-day public comment period on the draft budget and draft fee schedule.

(iii) Post the final budget and fee schedule on ecology's website by December 1st of the year before the fee schedule goes into effect.

This chapter contains all fees required by the air quality program except the following:

(1) Air operating permit - Fees can be found in chapter 173-401 WAC.

(2) Agricultural burning - Fees can be found in chapter 173-430 WAC.

(3) ((Motor vehicle emission inspection))Reporting of emissions of greenhouse gases - Fees can be found in chapter ((173-422A))173-441 WAC.

(1) Statutory authorization. RCW ((70.94.892))70A.15.6270 authorizes ecology to determine, assess, and collect fees sufficient to cover costs to review and approve or deny the carbon dioxide mitigation plan components of an order of approval for a facility. ((The order of approval must specify))Ecology may also collect fees sufficient to cover the additional costs ((necessary)) to monitor the source's conformance to the carbon dioxide mitigation plan.

(2) Fees.((The))Table 1 in this subsection lists the fees for the carbon dioxide mitigation program for 2023. These fees are ((added))additional to the fees established in WAC 173-455-120, when the carbon dioxide mitigation plan requirements are triggered.

(3) Ecology will post a new fee schedule for the fees in this section starting in 2024 in accordance with WAC 173-455-031(2).

(4) The department or authority may use RCW ((70.94.085))70A.15.1570 to structure a cost-reimbursement agreement with the applicant.

(1) General. Ecology ((may))will assess and collect ((a)) fees as authorized in RCW ((70.94.153 or 70.94.154))70A.15.2230(7) and described in subsections (2) through (((5)))(4) of this section.

(2) ((Fee schedule for reviews authorized under RCW 70.94.153 for the replacement or substantial alteration of control technology.

(3))) Fee schedule for source-specific determinations where ecology performs RACT analysis and determination.

(a) Basic RACT analysis and determination fee:

(i) Low complexity (the analysis addresses one type of emission unit) - One thousand five hundred dollars;

(ii) Moderate complexity (the analysis addresses two to five types of emissions units) - Seven thousand five hundred dollars;

(iii) High complexity (the analysis addresses more than five types of emission units) - Fifteen thousand dollars.

(b) Additional charges based on criteria pollutant emissions: In addition to those fees required under (a) of this subsection, ecology will require a fee for a RACT analysis and determination for an emission unit or multiple emission units of uniform design that, individually or in the aggregate, emit one hundred tons per year or more of any criteria pollutant - Two thousand dollars.

(c) Additional charges based on toxic air pollutant emissions: In addition to those fees required under (a) and (b) of this subsection, ecology will require the following fees as applicable:

(i) RACT analysis and determination for an emissions unit or multiple emissions units of uniform design that, individually or in the aggregate, emit more than two tons per year but not more than ((ten))10 tons per year of any toxic air pollutant - One thousand dollars; or

(ii) RACT analysis and determination for an emissions unit or multiple emissions units of uniform design that, individually or in the aggregate, emit more than ((ten))10 tons per year of any toxic air pollutant - Two thousand dollars.

(((4)))(3) Fee schedule for source-specific determinations where the source performs the RACT analysis and ecology conducts review and issues a determination.

(a) Basic RACT review and determination fees:

(i) Low complexity (the analysis addresses one type of emission unit) - One thousand dollars;

(ii) Moderate complexity (the analysis addresses two to five types of emissions units) - Five thousand dollars;

(iii) High complexity (the analysis addresses more than five types of emission units) - Ten thousand dollars.

(b) Additional charges based on criteria pollutant emissions: In addition to those fees required under (a) of this subsection, ecology will require a fee for a RACT analysis and determination for an emission unit or multiple emissions units of uniform design that, individually or in the aggregate, emit ((one hundred))100 tons per year or more of any criteria pollutant - One thousand dollars.

(c) Additional charges based on toxic air pollutant emissions: In addition to those fees required under (a) and (b) of this subsection, ecology will require the following fees as applicable:

(i) RACT analysis and determination for an emissions unit or multiple emissions units of uniform design that, individually or in the aggregate, emit more than two tons per year but not more than ((ten))10 tons per year of any toxic air pollutant - Five hundred dollars; or

(ii) RACT analysis and determination for an emissions unit or multiple emissions units of uniform design that, individually or in the aggregate, emit more than ((ten))10 tons per year of any toxic air pollutant - One thousand dollars.

(((5)))(4) Fee schedule for categorical RACT determinations. Ecology shall assess fees for categorical RACT determinations (for categories with more than three sources) as shown below. Ecology shall base the fees described in (a) of this subsection on the most complex source within a category. When determining complexity level for the most complex source in the category, the emission rate or number of types of emission units that results in the highest complexity level will determine the fee for the source category. Except as provided in (b) and (d) of this subsection, ecology will determine fees for individual sources in the category by dividing the total source category fee by the number of sources within the category.

(a) RACT analysis and determination (RACT analysis performed by ecology with assistance from sources):

(i) Low complexity source category (average source emissions of individual criteria pollutants are all less than ((twenty))20 tons per year, average source emissions of individual toxic air pollutants are all less than two tons per year, or the analysis addresses one type of emission unit) - Twenty-five thousand dollars;

(ii) Moderate complexity source category (average source emissions of one or more individual criteria pollutants are greater than ((twenty))20 tons per year and less than ((one hundred))100 tons per year, average source emissions of one or more individual toxic air pollutants are greater than two tons per year and less than ((ten))10 tons per year, or the analysis addresses two to five types of emissions units) - Fifty thousand dollars; or

(iii) High complexity source category (average source emissions of one or more individual criteria pollutants exceed ((one hundred))100 tons per year, average source emissions of one or more individual toxic air pollutants exceed ((ten))10 tons per year, or the analysis addresses more than five types of emission units) - One hundred thousand dollars.

(b) If ecology is evaluating an emission unit for more than one categorical RACT determination within a five-year period, ecology will charge the owner or operator of that emission unit one fee and the fee will reflect the higher complexity categorical RACT determination.

(c) Ecology may adjust the fee to reflect workload savings from source involvement in source category RACT determination.

(d) Ecology may approve alternate methods for allocating the fee among sources within the source category.

(((6) Small business))(5) RACT fee reductions for small businesses. Ecology may reduce the RACT analysis/review and determination fees identified in subsections (2) through (((5)))(4) of this section for a small business as provided in this subsection.

(a) Small business reduction.

(i) To qualify for ((the))a small business RACT fee reduction, a business must meet the requirements of "small business" as defined in RCW 19.85.020.

(((b)))(ii) To receive a small business fee reduction, the owner or operator of a small business must include sufficient information in an application submitted in accordance with (c) of this subsection demonstrating that the business meets the ((conditions of (a)))requirements of a small business as required under (a)(i) of this subsection. ((One of the following must sign the application:

(d)))(iii) For small businesses ((determined to be))that ecology determines are eligible for a small business fee reduction under (a)(i) of this subsection, ecology shall reduce the RACT analysis/review and determination fee to the greater of:

(((i)))(A) Fifty percent of the RACT analysis/review and determination fee; or

(((ii) Two hundred fifty dollars.

(e) If due to special economic circumstances,))(B) Three hundred twelve dollars.

(i) If the fee assessed after a reduction ((determined))granted under (((d)))(a)(iii) of this subsection imposes an extreme hardship on a small business due to special economic circumstances, the small business may request an extreme hardship fee reduction.

(ii) To receive an extreme hardship reduction, the owner or operator of a small business must provide sufficient evidence to support a claim of ((an))special economic circumstances and extreme hardship in an application submitted in accordance with (c) of this subsection.

((The factors which))(iii) Ecology may consider the following factors in determining whether an owner or operator has demonstrated special economic circumstances and ((in setting the)) extreme hardship, and in determining the amount of the fee ((include))reduction:

(((i)))(A) Annual sales;

(((ii)))(B) Labor force size;

(((iii)))(C) Market conditions which affect the owner's or operator's ability to pass the cost of the RACT analysis and determination fees through to customers; and

(((iv)))(D) Average annual profits.

(d) In no case will ecology reduce a RACT analysis/review and determination fee to an amount below ((one hundred dollars))$125.

(((7)))(6) Fee reductions for pollution prevention initiatives. Ecology may reduce RACT analysis and determination fees for an individual source if that source is using approved pollution prevention measures.

(((8)))(7) Fee payments. A source shall pay fees specified in subsection (((4)))(3)(a) of this section when the source submits a notice of construction application to ecology. Sources shall pay other fees specified in subsections (2) through (((7)))(6) of this section no later than ((thirty))30 days after receipt of an ecology billing statement. For fees specified in subsection (((5)))(4) of this section, ecology will mail a billing statement for one-half of the payment from each source when the source category rule-making effort is commenced as noted by publication of the CR-101 form in the Washington State Register. Ecology will mail a billing statement for the second half of the payment when the proposed rule is published in the Washington State Register. Ecology will not issue an order of approval or other action approving or identifying a source to be at RACT until the source has paid all fees. A source shall make all fees collected under this regulation payable to the Washington department of ecology.

(((9)))(8) Dedicated account. Ecology shall deposit all control technology fees it collects from air operating permit program sources in the air operating permit account created under RCW 70.94.015. Ecology shall deposit all control technology fees collected from nonair chapter 173-401 WAC program sources in the air pollution control account.

(((10)))(9) Tracking revenues, time, and expenditures. Ecology shall track revenues on a source-specific basis. For purposes of source-specific determinations under subsections (2) through (((4)))(3) of this section, ecology shall track time and expenditures on the basis of source complexity categories. For purposes of categorical determinations under subsection (((5)))(4) of this section, ecology shall track time and expenditures on a source-category basis.

(((11)))(10) Periodic review. Ecology shall review and, as appropriate, update this section at least once every two years.

(1) General requirements.

(a) The fees in this section apply to:

(i) Permit applications received on or after ((July 1, 2011))(effective date of adopted rule).

(ii) Requests for ecology review of other actions covered by this section received by ecology on or after ((July 1, 2011))(effective date of adopted rule).

(b) Components of permitting fees. Permit fees include initial fees and may include an additional hourly fee. The initial fee covers up to the number of review hours specified ((in))for each fee in this section.

(c) A project may be subject to multiple fees set forth in this section. For example, a project may be subject to both minor and major new source review permit fees and second or third tier review. In addition a project may be subject to fees under WAC 173-455-050 and 173-455-100.

(d) An applicant must submit initial fees with ((an))the associated permit application, notice, or request. An application, notice or request is incomplete until initial fees have been paid.

(i) For purposes of WAC 173-400-111 (1)(e), ((initial))application fees are considered ((application))initial fees under this section.

(ii) If ecology determines a project is complex after an applicant ((submitted))paid the basic project initial fee, then the application is incomplete until the applicant ((pays))has paid the initial complex project fee.

(iii) If ecology determines that a higher initial fee is due after an applicant submitted an application or request, the application or request is considered incomplete until the applicant ((pays))has paid the ((new))higher initial fee.

(e) If the initial fee paid by an applicant does not cover the cost of processing the application, notice, or request, then ecology ((shall))must assess ((a))an additional fee based on the actual costs for review in excess of the hours specified ((in each))for the initial fee. The ((assessed))additional fee must be assessed at a rate of ((ninety-five dollars))$119 per hour of ecology staff time expended, or the rate established under WAC 173-455-031.

(f) Ecology cannot finalize an action covered under this section until all fees ((are))have been paid. (WAC 173-400-111 (3)(i).)

(g) ((An applicant must pay fees that are due))For fees assessed by invoice from ecology, the applicant must pay fees that are due within ((thirty))30 days from the date of the invoice. Ecology will cease processing all applications for which the required fees have not been received within ((thirty))30 days of an invoice.

(h) At the time of filing a permit application, notice, or request, an applicant must pay all delinquent air quality fees associated with the facility((. This is)) in addition to the fees required by this section. Delinquent fees may include, but are not limited to, registration fees, civil penalties ((awarded to))issued by ecology, or other outstanding fees due under this section.

(i) All fees collected under this ((rule))section must be made payable to the department of ecology.

(j) Fees assessed under this section apply without regard to whether ecology approves or denies ((a))the underlying permit application, notice, or request.

(2) Fees for review of a permit application for a new source or for the modification of an existing source with an emissions increase. (WAC ((173-400-110 and)) 173-400-110(3).)

(a) ((Basic project: One thousand five hundred dollars plus an hourly rate of ninety-five dollars after sixteen hours.

(ii) An application))Table 1 lists the 2023 fees for review of an application for a new source or for the modification of an existing source with an emissions increase.

(b) A project is considered complex if the emissions associated with the application include at least one pollutant for which emissions increases are greater than the levels in ((the following table:))Table 2.

(((iii)))(c) Ecology may also determine that a project is complex based on consideration of factors that include, but are not limited to:

(((A)))(i) Number and complexity of emission units;

(((B)))(ii) Volume of emissions, including toxicity of emissions;

(((C)))(iii) Amount and complexity of modeling; or

(((D)))(iv) Number and kind of applicable state and federal requirements.

(3) Fees for review of a requested change to an existing order of approval. (WAC 173-400-111 (7) and (8).)

(a) Ecology will not charge a fee for correcting a mistake by ecology in a permit.

(b) "Administrative or simple change"((: Two hundred dollars plus an hourly rate of ninety-five dollars after three hours.

(A)))means:

(i) An action not subject to a mandatory public comment period ((in))under WAC 173-400-171; and

(((B)))(ii) The ((reissued))modified approval order requires one hour or less of engineering evaluation by ecology and ((no))does not authorize physical modification of equipment; and

(((C)))(iii) Changes in permit conditions are based on actual operating conditions and review of the operating conditions requires one hour or less of engineering evaluation by ecology and the ((change))modification does not cause a change in allowable emissions.

(c) Complex changes: ((Eight hundred seventy-five dollars plus an hourly rate of ninety-five dollars after ten hours.

(ii)))(i) This fee ((excludes))does not apply to an administrative or simple change ((and changes to))or to the modification of an existing permit that results in an emissions increase.

(((iii)))(ii) Examples of complex changes include, but are not limited to:

(A) Changes requiring more than one hour of engineering review by ecology;

(B) Consolidation of permits not allowed under simple change;

(C) Request for review of ((a permit))whether a proposed action ((that)) is exempt from new source review under WAC 173-400-110(5) (Table 110(5) emission-based exemption levels); or

(D) Changes requiring mandatory public comment under WAC 173-400-171(3).

(d) ((The fee for a permit modification (as defined in WAC 173-400-030) is located in subsection (2)(a) or (b) of this section.

(5)))Table 3 lists the 2023 fees for review of a requested change to an existing order of approval.

(4) Fees for review of an application for coverage under a general order of approval (WAC 173-400-560).

(a) ((Category A general order.

(iii))) Category A consists of the following general order of approval, including any subsequent updating or replacement:

(((A)))(i) Concrete batch plants (No. 08-AQG-002);

(((B) Rich burn, spark ignition, gaseous fossil fuel-powered emergency electrical generators (No. 06-AQG-005);

(C)))(ii) Perchloroethylene dry cleaners using less than 2100 gallons per year (No. 06-AQG-003);

(((D)))(iii) Stationary and portable rock crushers (No. 11AQ-GO-001);

(((E)))(iv) Small water heaters and steam generating boilers (No. 08-AQ-G003); and

(((F)))(v) Automobile body repair and refinishing shops (No. 08-AQG-001).

(b) ((Category B general order.

(iii))) Category B includes a general order of approval developed on or after January 1, 2011. Category B covers, but is not limited to, the following general order of approval, including any subsequent updating or replacement:

(((A)))(i) Portable and stationary asphalt plants (No. ((10AQ-G0-01 [10AQ-GO-01]))10AQ-GO-01); and

(((B)))(ii) Dairy manure anaerobic digesters (No. 12AQ-GO-01).

(((6)))(c) Table 4 lists the 2023 fees for Category A and B reviews of applications for coverage under a general order of approval.

(5) Fees for review of a relocation ((of))notice for a portable source in ecology's jurisdiction under WAC 173-400-036((, 173-400-110 or 173-400-560.

(7)))(a) Table 5 lists the 2023 fees for review of a relocation notice for a portable source.

(6) Fees for review of a request to establish a voluntary emission limit (WAC 173-400-091)((: Five hundred dollars plus an hourly rate of ninety-five dollars after six hours.

(a) This fee covers up to six hours of staff time to review the request and issue a final decision. Ecology will bill the applicant ninety-five dollars per hour for each additional hour spent on the request above six hours)).

(((b)))(a) This fee applies to a regulatory order issued under WAC 173-400-091 that places a limit on emissions.

(i) This fee applies to the review of a request to establish the emission limit in a stand-alone regulatory order.

(ii) This fee does not apply when an emission limit is included as a condition in an approval order for a notice of construction application.

(((8)))(b) Table 6 lists the 2023 fees to establish a voluntary emission limit.

(7) Fees for review of a request to replace or substantially alter control technology((: Refer to WAC 173-455-100(4) for fee schedule))without an increase in emissions (RCW 70A.15.2220).

(b) Ecology will post a new fee schedule for the fees in this section starting in 2024 in accordance with WAC 173-455-031.

(((9) Request for a written prevention of significant deterioration applicability determination (WAC 173-400-720) or preapplication assistance: Five hundred dollars plus an hourly rate of ninety-five dollars after six hours.

(10)))(8) Fees for review of a prevention of significant deterioration (PSD) determination (WAC 173-400-720 ((and)), 173-400-730, and 173-400-750).

(((a) PSD permit application: Fifteen thousand dollars plus an hourly rate of ninety-five dollars after one hundred fifty-eight hours.

(13)))(a) Table 8 lists the 2023 fees for the review of a request for prevention of significant deterioration (PSD) determination.

(9) Fees for nonattainment area major new source review.

(((a) A notice of construction application subject to WAC 173-400-830: Fifteen thousand dollars plus an hourly rate of ninety-five dollars after one hundred fifty-eight hours.

(14)))(a) Table 9 lists the 2023 fees for nonattainment area major new source review.

(10) Fees for review of plant-wide applicability limits (WAC 173-400-720).

(((a) Request to establish new plant-wide applicability limits: Fifteen thousand dollars plus an hourly rate of ninety-five dollars after one hundred fifty-eight hours.

This fee covers up to seventy-nine hours of staff time to increase, renew or process a retired plant-wide applicability limit. Ecology will bill the applicant ninety-five dollars per hour for each additional hour spent on the request above seventy-nine hours.))(a) Table 10 lists the 2023 fees for review of requests to establish plant-wide applicability limits.

(((15) Second tier review (WAC 173-460-090): Ten thousand dollars plus an hourly rate of ninety-five dollars after one hundred six hours.

(18) Small business))(11) Table 11 lists the 2023 fees for all other permitting actions, including second and third tier reviews.

(12) Fee reductions for small businesses. ((The new source review))Ecology may reduce the permitting fees identified in subsections (2) through (((7)))(6) of this section ((may be reduced)) for a small business as provided in this subsection.

(a) Small business reduction.

(i) To qualify for ((the))a small business ((new source review))permitting fee reduction, a business must meet the requirements of "small business" as defined in RCW 19.85.020.

((In RCW 19.85.020, "small business" means any business entity, including a sole proprietorship, corporation, partnership, or other legal entity, that is owned and operated independently from all other businesses, that has the purpose of making a profit, and that has fifty or fewer employees.

(b)))(ii) To receive a small business fee reduction, the owner or operator of a small business must include sufficient information in ((the))an application submitted in accordance with (c) of this section, demonstrating that the ((conditions of))business meets the requirements of a small business as required under subsection (1)(a) of this ((subsection have been met. The application must be signed:

(d)))section.

(iii) For small businesses ((determined to be))that ecology determines are eligible for a small business fee reduction under (a)(ii) of this subsection, ((the new source review fee))ecology shall ((be reduced))reduce the permitting fee to the greater of:

(((i)))(A) Fifty percent of the ((new source review))permitting fee; or

(((ii) Two hundred fifty))(B) Three hundred twelve dollars.

(((e) If, due to special economic circumstances,))(b) Extreme hardship reduction.

(i) If the fee assessed after a reduction ((determined))granted under (((d)))(a)(iii) of this subsection imposes an extreme hardship on a small business due to special economic circumstances, the small business may request an extreme hardship fee reduction.

(ii) To receive an extreme hardship reduction, the owner or operator of a small business must provide sufficient evidence to support a claim of ((an))special economic circumstances and extreme hardship in an application submitted in accordance with (c) of this subsection.

((The factors which))(iii) Ecology may consider the following factors in determining whether an owner or operator has demonstrated special economic circumstances and ((in setting the)) extreme hardship, and in determining the amount of the fee ((include))reduction:

(A) Annual sales;

(B) Labor force size;

(C) Market conditions which affect the owner's or operator's ability to pass the cost of the ((new source review))permitting fees through to customers; and

(D) Average annual profits. ((In no case will a new source review fee be reduced below one hundred dollars))

(d) In no case will ecology reduce a permitting fee below $125.

(((19)))(13) Fee reductions for pollution prevention initiatives. Ecology may reduce the permitting fees ((defined))identified in subsections (2) through (((7)))(6) of this section where the owner or operator of the proposed source demonstrates that approved pollution prevention measures will be used.

(((20)))(14) Tracking revenues, time, and expenditures. Ecology must track revenues from the fees collected under this subsection on a source-specific basis.

(((21) Periodic review. To ensure that fees cover the cost of processing the actions in this section, ecology shall review and update this section as necessary.))