WSR 97-05-046

PROPOSED RULES

SPOKANE COUNTY AIR

POLLUTION CONTROL AUTHORITY

[Filed February 18, 1997, 10:25 a.m.]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: Regulation I, Article X Fees and Charges.

Purpose: To amend existing fee schedules for registered air pollution sources, notices of construction, asbestos removal, and agricultural burning permits. To amend the fee waiver provisions to allow for partial waivers.

Statutory Authority for Adoption: RCW 70.94.141, [70.94.]151, [70.94.]152, and [70.94.]162.

Statute Being Implemented: Chapter 70.94 RCW.

Summary: Amendment of existing fees.

Reasons Supporting Proposal: Registration fees are being increased over the next four years to reach full cost recovery. Other fees are being amended to more accurately recover costs.

Name of Agency Personnel Responsible for Drafting: Kelle Vigeland, West 1101 College, #403, Spokane, (509) 456-4727, ext. 106; Implementation: Barbara Nelson, West 1101 College, #403, Spokane, (509) 456-4727, ext. 116; and Enforcement: Mabel Caine, West 1101 College, #403, Spokane, (509) 456-4727, ext. 120.

Name of Proponent: Spokane County Air Pollution Control Authority, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: This rule authorizes Spokane County Air Pollution Control Authority to assess fees for registrations, permits, notices of construction, and other activities. The purpose and effect is to fully recover costs of operating permit program and to partially recover costs of registration, notice of construction, and other Spokane County Air Pollution Control Authority programs.

Proposal Changes the Following Existing Rules: The proposal is an amendment to adjust fees for the Spokane County Air Pollution Control Authority's programs, to increase the portion of the programs' costs that are recovered through fees.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Chapter 19.85 RCW applies to agencies, departments, and instrumentalities of the state government. The Spokane County Air Pollution Control Authority is a municipal corporation pursuant to RCW 70.94.081.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption.

Hearing Location: Spokane County Public Works Building, Hearing Room Lower Level, West 1026 Broadway, Spokane, WA 99201, on April 3, 1997, at 9:00 a.m.

Submit Written Comments to: Kelle Vigeland, Spokane County Air Pollution Control Authority, West 1101 College, Suite 403, Spokane, 99201, FAX (509) 459-6828, by March 31, 1997.

Date of Intended Adoption: April 3, 1997.

February 14, 1997

Kelle Vigeland

Environmental Engineer

proposed amendments to scapca regulation i, article x - fees and charges

AMENDATORY SECTION (Amending WSR 95-15-021, filed 7/10/95)

SECTION 10.01 DEFINITIONS

When used in Regulation I of the Spokane County Air Pollution Control Authority:

A. Air Operating Permit Source means any facility required to have an operating permit pursuant to Chapter 173-401 WAC.

B. Burn Out Oven means any oven used to clean or remove dirt, grease, grime, paint, varnish, or any other unwanted substance or contaminant, from any object by using controlled incineration.

C. Criteria Pollutant means any one of the following: fine particulate matter (PM10), volatile organic compounds (VOC), nitrogen oxides, sulfur oxides, ozone, lead, or carbon monoxide.

D. Emission Fee means the component of a registration fee or operating permit fee which is based on total actual annual emissions of criteria and toxic air pollutants. In the case of a new or modified source or a source being registered initially, the emission fee is based on projected emissions as presented in an approved Notice of Construction or registration form.

E. Emission Reduction Credit means a credit granted to a source for a voluntary reduction in actual emissions per 173-400-131 WAC.

F. Registration Period means the twelve month period for which an annual fee has been assessed pursuant to Section 10.06.B.(1) or 10.06.B.(2).

G. Source means all of the emissions unit(s) including quantifiable fugitive emissions, that are located on one or more contiguous properties, and are under the control of the same person, or persons under common control, whose activities are ancillary to the production of a single product or functionally related groups of products. Activities shall be considered ancillary to the production of a single product or functionally related group of products if they belong to the same major group (i.e., which have the same two digit code) as described in the Standard Industrial Classification Manual, 1972, as amended by the 1977 Supplement.

H. Significant Emissions means, in reference to a net emissions increase or the potential of a source to emit, any of the following pollutants, at a rate of emissions equal to or greater than any one of the following rates:

- increased emissions of 10 tons per year of any one toxic air pollutant; or,

- increased emissions of 25 tons per year of two or more toxic air pollutants; or,

Pollutant Tons/Year

Carbon monoxide 100

Nitrogen oxides 40

Sulfur dioxide 40

Particulate Matter (PM) 25

Fine particulate matter (PM10) 15

Volatile organic compounds 40

Lead 0.6

Fluorides 3

Sulfuric Acid Mist 7

Hydrogen sulfide (H₂S) 10

Total reduced sulfur (including H₂S) 10

Reduced sulfur compounds (including (H₂S) 10

Municipal waste combustor organics 0.0000035

(measured as total tetra-through-octa-chlorinated

dibenzo-p-dioxins and dibenzofurans)

Municipal waste combustor metals (measured

as PM) 15

Municipal waste combustor acid gases 40

(measured as SO₂ and hydrogen chloride)

I. Stage I Vapor Recovery means the capture of gasoline vapors at gasoline dispensing facilities during the transfer of gasoline from a transport tank into a stationary storage tank.

J. Stage II Vapor Recovery means the capture of gasoline vapors at gasoline dispensing facilities during the transfer of gasoline from a stationary storage tank into a motor vehicle fuel tank.

K. Total Actual Annual Emissions means the total of all criteria and toxic air pollutant emissions for the most recent complete ((calendar)) year that is available to SCAPCA.

L. Toxic Air Pollutant means any toxic air pollutant (TAP) listed in WAC 173-460-150 or 173-460-160. Toxic air pollutant does not include particulate matter or volatile organic compounds as generic classes of substances.

AMENDATORY SECTION (Amending WSR 95-15-021, filed 7/10/95)

SECTION 10.04 FEE WAIVER

A. Except for air operating permit sources ((subject to the operating permit program, pursuant to RCW 70.94.161)), the Control Officer may waive payment of ((any)) all, or a portion, of any fee or service charge required by this Article upon a showing deemed sufficient by the Control Officer that payment of the fee would cause financial hardship upon the applicant.

B. The Control Officer may identify categories of sources, or groups of sources within a category, in Section 10.04.C. with similar emissions units and processes where the Control Officer determines that any of the following conditions exist:

1. Facility-wide emission rates are less than 1 ton per year of air contaminants; or

2. There are no specific regulations on the control of air contaminants; or

3. Compliance with control requirements is readily accomplished through nontechnical self-inspection techniques; or

4. The primary purpose for registration, pursuant to Article IV, is to inventory air contaminant emissions.

As categories are so identified, the Control Officer may waive one-half of the annual registration fee for owners or operators of individual facilities who provide emission inventory data, and other required information relative to compliance with applicable regulations, within 30 days of the request by the Authority, in a format acceptable to the Authority. In so doing, the owner or operator shall certify to the best of his/her knowledge, on forms provided by the Authority, that the emission inventory data is accurate and the facility is in compliance with applicable regulations. Owners or operators who fail to return the information within 30 days of the request will not qualify for a fee waiver under this Section. Notwithstanding the provision of required data by the owner or operator, the Authority reserves the right to conduct inspections of the facility.

C. The following categories of sources are eligible for the fee waiver specified in Section 10.04.B. However individual sources are not eligible if one or more Notices of Violation have been issued by the Authority, pursuant to Section 2.04 of Regulation I, to the facility in the previous 36 month period:

Source Category Rating

Surface Coating <1 ton/yr VOC emitted

Operations

Gasoline Dispensing Exempt from stage II

Facilities vapor recovery requirements

Boilers & Other Fuel <10⁷ BTU/hr heat input

Burning Equipment,

With Air Contaminant

Emissions Exclusively

From Natural Gas

Combustion

Boilers & Other Fuel <10⁶ BTU/hr heat input

Burning Equipment,

With Air Contaminant

Emissions Exclusively

From Other Fossil Fuel

Combustion

Dry Cleaning Plants <140 gal/yr solvent

consumption

Waste Oil Burners <500,000 BTU/hr

heat input

Tire Recapping All units in the category

Facilities

Grain Elevators All units with no on-site

processing capability

AMENDATORY SECTION (Amending WSR 95-15-021, filed 7/10/95)

SECTION 10.06 REGISTRATION AND OPERATING PERMIT FEES FOR AIR CONTAMINANT SOURCES

A. All sources required by Article IV, Section 4.01 to be registered, all air operating permit sources ((subject to the operating permit program pursuant to RCW 70.94.161)), and all sources required by Article V, Section 5.02 to obtain an approved Notice of Construction and Application for Approval shall pay an annual fee for each year, or portion of each year, during which it operates. Fees received pursuant to the registration program or the operating permit program shall not exceed the actual costs of program administration.

B. The annual fee for each source shall be determined as follows:

(1) For sources that are not subject to Section 10.06.B. (3), (4), or (5) of this regulation and which emit less than 5 tons per year of criteria and toxic air pollutants:

(a) a flat fee of $160 ((150)); and

(b) a $30 fee for each stack and other emission point, not to exceed $600 ((300)); and

(c) an emission fee of $20 ((10)) per ton of each criteria and toxic air pollutant; and

(d) an additional fee of $150 for each source which operated at least one incinerator or burn out oven during the registration period; and((.))

(e) an additional fee of $100 if the source is required by the Authority to submit an annual emissions inventory to the Washington Emission Data System (WEDS).

(2) For sources that are not subject to Section 10.06.B. (3), (4), or (5) of this regulation and which emit 5 tons or more per year of criteria and toxic air pollutants, but less than 100 tons per year of any one criteria pollutant:

(a) a flat fee of $215 ((200)); and

(b) a $30 fee for each stack and other emission point, not to exceed $600 ((300)); and

(c) an emission fee of $20 ((10)) per ton of each criteria and toxic air pollutant; and

(d) an additional fee of $150 for each source which operated at least one incinerator or burn out oven during the registration period; and((.))

(e) an additional fee of $100 if the source is required by the Authority to submit an annual emissions inventory to the Washington Emission Data System (WEDS).

(3) For air operating permit sources ((subject to the air operating permit program pursuant to Chapter 173-401 WAC)), a share of the assessment by the Department of Ecology, pursuant to RCW 70.94.162(3), determined pursuant to Section 10.06.D of this regulation, plus:

(a) for bulk gasoline loading terminals, Standard Industrial Classification 5171, a fee of $11,500;

(b) for secondary aluminum facilities, Standard Industrial Classification 3341, a fee of $21,100;

(c) for municipal solid waste incineration facilities, Standard Industrial Classification 4953, a fee of $20,400;

(d) for military bases, Standard Industrial Classification 9711, a fee of $17,850; or

(e) for sources not listed in (a), (b), (c), or (d) above

i. which have total annual actual emissions of less than 50 tons, a fee of $1,350;

ii. which have total annual actual emissions of greater than or equal to 50 tons but less than 100 tons, a fee of $2,025; or

(iii) which have total actual annual emissions of 100 tons or greater, a fee of $3,650.

(4) For affected units under Section 404 of the Federal Clean Air Act (42 USC 7401 et seq):

(a) a fee of $50 per hour of time expended in carrying out the fee eligible activities specified in RCW 70.94.; and

(b) a share of the assessment by the Department of Ecology, pursuant to RCW 70.94.162(3), determined pursuant to Section 10.06.D of this regulation.

(5) For gasoline dispensing facilities which are not subject to Section 10.06.B.(3) of this regulation, a flat fee of $165 ((150)).

C. The Board of Directors shall annually review the fee schedule for air operating permit sources ((subject to the operating permit program pursuant to RCW 70.94.161)) and projected costs to implement the requirements of RCW 70.94.161 and determine if the total projected fee revenue to be collected pursuant to this Section is sufficient to recover program costs. Such review shall include opportunity for public review and comment on the projected costs and any changes to the operating permit fee schedule. Accordingly, the Authority shall account for program costs, including employee costs and overhead. If the Board of Directors determines that the total projected fee revenue is either significantly excessive or deficient for this purpose, then the Board of Directors shall amend the fee schedule to more accurately recover program costs.

D. Individual shares of the assessment pursuant to RCW 70.94.162(3) shall be determined by the following formula:

I = F_I x A_E

F_T

Where,

I is the individual share of the assessment, and

F_I is the individual fee assessed pursuant to Section 10.06.B. (3) or (4) of this regulation, and

A_E is the total assessment pursuant to RCW 70.94.162(3), and

F_T is the sum of all the individual fees assessed pursuant to Sections 10.06.B. (3) and (4) of this regulation.

AMENDATORY SECTION (Amending WSR 95-15-021, filed 7/10/95)

SECTION 10.07 APPLICATION AND PERMIT FEES FOR NOTICE OF CONSTRUCTION AND APPLICATION FOR APPROVAL AND FOR NOTICE OF INTENT TO INSTALL AND OPERATE A TEMPORARY SOURCE

A. For all projects required by Article V to file a Notice of Construction and Application for Approval (NOC) or a Notice of Intent to Install and Operate a Temporary Source, a filing fee of $150 shall be paid at the time of filing the application.

B. in addition to the filing fee provided in (("A" above)) Section 10.07.A, a plan review ((and approval)) fee shall be paid according to ((one of)) the following:

(1) An equipment fee based on one of the following:

(a) Fuel Burning Equipment With or Without Air Pollution Control Equipment:

Design Input Size (MMbtu/hr) Fee

.4 < 5 $200

5 < 10 $250

10 < 20 $300

20 < 50 $350

50 < 100 $400

100 < 250 $500

250 < 500 $650

500 < up $850

(((2))) (b) Refuse Burning Equipment Including Air Pollution Control Equipment:

Capacity (ton/day) Fee

0 < 12 $1,000

12 < 250 $1,500

250 < up $2,500

(((3))) (c) Process Equipment and/or Air Pollution Control Equipment or Uncontrolled Process Equipment:

Actual ft³/min Fee

0 < 5,000 $150

5,000 < 20,000 $250

20,000 < 50,000 $350

50,000 < 100,000 $450

100,000 < 250,000 $550

250,000 < 500,000 $650

500,000 < up $800

(((4))) (d) Gasoline dispensing facilities:

Equipment Being Installed Fee

Annual facility gasoline

throughput of less than 1.5 million gallons $150

Annual facility gasoline

throughput of 1.5 million gallons or greater $250

((Stage I Vapor Recovery $ 50

Stage II Vapor Recovery $125

Stage I and Stage II $150))

(((5))) (e) For sources not included in (((1), (2), (3), or (4) above)) the above categories, an hourly fee of $50.00 per hour of time expended in plan review ((and approval)).

(2) In addition, for any new source of air pollution to be constructed and anticipated to produce significant emissions, a significant emissions review fee of $250.

(3) In addition, for any new or modified source of air pollution which requires review pursuant to Chapter 173-460 WAC, a toxic air pollutant review fee of $100.

C. For sources applying for more than one emission point under one Notice of Construction application, as allowed in Section 5.02.C, the applicant shall pay, according to Sections 10.07.A and 10.07.B, one filing fee, plus one significant emissions review fee, if applicable, plus one toxic air pollutant review fee, if applicable, plus ((a review)) an equipment fee for each emission unit and/or air pollution control system being installed or modified.

D. For sources seeking a change in conditions of an order of approval pursuant to Section 5.10.B. of this regulation, the fee shall be one half the current fee for a Notice of Construction and Application for Approval for that type of source, including the filing fee according to Section 10.07.A and the applicable fees according to Section 10.07.B or $((250)) 350 which ever is less.

E. Where a compliance investigation is conducted pursuant to Section 5.12 of this regulation, the compliance investigation fee shall be equal to 2 times the applicable fees according to Section 10.07.B ((fee required in Section 5.03 of this regulation)).

((F. in addition to the other fees and costs herein above required any new source of air pollution to be constructed and anticipated to produce significant emmissions shall pay an additional fee of $250.))

((G. in addition to the other fees and costs herein above required, any new or modified source of air pollution which requires review pursuant to Chapter 173-460 WAC shall pay an additional fee of $100.))

AMENDATORY SECTION (Amending WSR 93-19-043, filed 9/8/93)

SECTION 10.09 ASBESTOS

Any owner or operator of a demolition or renovation activity required by federal regulation or Regulation I to notify the Authority prior to removal or demolition, or required by Federal Regulation to be approved or inspected by the Authority, shall ((give required notice and)) pay a fee according to the ((following:)) 10.09.A, or 10.09.B below. The fee shall accompany the required notice.

A. Commercial

(((a))1) If more than 80 linear meters (260 linear feet), 15 square meters (160 square feet), or one cubic meter (35 cubic feet) of regulated asbestos-containing material (RACM) as defined in Section 9.02.R of this regulation ((asbestos)) is to be removed a $150 fee is required. (This includes the demolition fee, if applicable.)

(((b))2) If less than or equal to 80 linear meters (260 linear feet), 15 square meters (160 square feet), or one cubic meter (35 cubic feet) but more than or equal to 3 linear meters (10 linear feet), one square meter (11 square feet), one cubic foot of regulated asbestos-containing material (RACM) as defined in Section 9.02.R of this regulation ((asbestos)) is to be removed a $75 fee is required. (This includes the demolition fee, if applicable.)

(((c))3) ((If less than 3 linear meters (10 linear feet), one square meter (11 square feet), or one cubic foot of asbestos is to be removed or if the activity is a demolition not requiring asbestos removal a)) A $40 fee is required for any demolition activity, as defined in Section 9.02.F of this regulation.

(4) Registered sources may elect to submit an annual notice for work conducted in their own facility by their own employees in place of individual notifications. A fee of $150 shall accompany the annual notice.

B. Residential (residential buildings having less than four dwellings)

(((d))1) If more than or equal to 3 linear meters (10 linear feet), one square meter (11 square feet), or one cubic foot of regulated asbestos-containing material (RACM) as defined in Section 9.02.R of this regulation ((asbestos)) is to be removed from a private residence a $40 fee is required. (This includes the demolition fee, if applicable.

(((e))2) No notice or fee is required for private residences if the amount of asbestos to be removed is less than 3 linear meters (10 linear feet), one square meter (11 square feet), or one cubic foot.

(3) For demolition activity involving more than or equal to 80 linear meters (260 linear feet), 15 square meters (160 square feet), or one cubic meter (35 cubic feet) of regulated asbestos containing material (RACM), as defined in Section 9.02.R, where there is no RACM removal before demolition, a fee of $40 is required.

(4) For any demolition activity where at least 15 square meters (160 square feet) of Category II nonfriable asbestos containing material, as defined in Section 9.02.D, remains in the facility, where there is a high probability as determined by the Control Officer, that the material will become crumbled, pulverized, or reduced to powder, a fee of $40 is required.

(((f) Registered sources may elect to submit an annual notice, for work conducted in their own facility by their own employees rather than individual notifications. A fee of $150 shall accompany the annual notice.))

AMENDATORY SECTION (Amending WSR 95-15-021, filed 7/10/95)

SECTION 10.12 AGRICULTURAL BURNING FEES

A. For agricultural burning permits issued by the Authority pursuant to Section 6.11 of this regulation, a fee shall be paid by the applicant according to the following:

1. Portion for local administration: ((the greater of a minimum fee of $12.50 per year per farm, based on burning up to and including 10 acres or equivalent, or)) a ((variable)) fee of $1.25 per acre; and

2. The state administration and research portions, ((as provided in)) pursuant to 70.94.650 RCW and WAC 173-430-040 (3)(b).

B. Refunds of fees collected by the Authority may be provided at the discretion of the Authority for portions of acreage, of equivalent, unburned, provided that the total adjusted fee is no less than $25.

C. Acreage equivalency shall be in accordance with the determination of the agricultural burning practices and research task force pursuant to WAC 173-430-040 (3)(d).

Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

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