Original Notice.

Exempt from preproposal statement of inquiry under RCW 70.94.141(1).

Title of Rule: Amend Regulation I - Sections 3.11, 5.07, 6.11, and 7.07 and Regulation III - Section 2.02.

Purpose: Adjust maximum civil penalty amount for inflation; adjust fees for Registration and Operating Permit programs to cover administration costs; reference the North American Industrial Classification System (NAICS) codes for fees based on Standard Industrial Classification (SIC) categories; update delegations for federal NSPS and NESHAPs.

Other Identifying Information: Regulation I, Section 3.11 - Civil Penalties; Section 5.07 - Registration Fees; Section 6.11 - New Source Performance Standards (NSPS); Section 7.07 - Operating Permit Fees. Regulation III - Section 2.02 - National Emission Standards for Hazardous Air Pollutants (NESHAPs).

Statutory Authority for Adoption: RCW 70.94.

Statute Being Implemented: RCW 70.94.141.

Summary: This proposal would adjust the maximum civil penalty amount to account for inflation; adjust the fees for the Registration and Operating Permit programs to cover the costs of administering these programs; assign newer NAICS codes for fees based on the SIC codes; and update the delegations for federal NSPS and NESHAPs.

Reasons Supporting Proposal: The maximum civil penalty amount needs to be adjusted for inflation. The fees for Registration and Operating Permits need to cover the costs of administering the programs. The 1987 SIC based categories will be replaced next year by the 1997 NAICS codes. The delegations for NSPS and NESHAPs need to be updated.

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 adjust the maximum civil penalty amount to account for inflation. It would adjust the fees for the Registration and Operating Permit programs to cover the costs of administering these programs. It would assign the newer NAICS codes for fees based on the SIC categories. It will update the delegation for federal NSPS and NESHAPs.

Proposal Changes the Following Existing Rules: This proposal will adjust the maximum civil penalty amount. It would adjust the fees for the Registration and Operating Permit programs. It would assign the newer NAICS codes for fees based on the SIC categories. It will update the delegation for federal NSPS and NESHAPs.

No small business economic impact statement has been prepared under RCW 19.85. 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 September 9, 1999, at 9:00 a.m.

Assistance for Persons with Disabilities: Contact Agency Receptionist, (206) 689-4010, by September 2, 1999, 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 August 30, 1999.

Date of Intended Adoption: September 9, 1999.

August 3, 1999

John K. Anderson

Senior Engineer

REGULATION I SECTION 3.11 CIVIL PENALTIES

(a) Any person who violates any of the provisions of RCW 70.94 or any of the rules or regulations in force pursuant thereto, may incur a civil penalty in an amount not to exceed (($12,288.00)) $12,718.00 per day for each violation.

(b) Any person who fails to take action as specified by an order issued pursuant to RCW 70.94 or Regulations I, II, and III of the Puget Sound Air Pollution Control Agency shall be liable for a civil penalty of not more than (($12,288.00)) $12,718.00 for each day of continued noncompliance.

(c) Within 15 days after receipt of a Notice and Order of Civil Penalty, the person incurring the penalty may apply in writing to the Control Officer for the remission or mitigation of the penalty. Any such request must contain the following:

(1) The name, mailing address, telephone number, and telefacsimile number (if available) of the appealing party;

(2) A copy of the Notice and Order of Civil Penalty appealed from;

(3) A short and plain statement showing the grounds upon which the appealing party considers such order to be unjust or unlawful;

(4) A clear and concise statement of facts upon which the appealing party relies to sustain his or her grounds for appeal;

(5) The relief sought, including the specific nature and extent; and

(6) A statement that the appealing party has read the notice of appeal and believes the contents to be true, followed by the party's signature.

Upon receipt of the application, the Control Officer shall remit or mitigate the penalty only upon a demonstration by the requestor of extraordinary circumstances such as the presence of information or factors not considered in setting the original penalty.

(d) Any civil penalty may also be appealed to the Pollution Control Hearings Board pursuant to RCW 43.21B and WAC 371-08 if the appeal is filed with the Hearings Board and served on the Agency within 30 days after receipt by the person penalized of the notice imposing the penalty or 30 days after receipt of the notice of disposition on the application for relief from penalty.

(e) A civil penalty shall become due and payable on the later of:

(1) 30 days after receipt of the notice imposing the penalty;

(2) 30 days after receipt of the notice of disposition on application for relief from penalty, if such application is made; or

(3) 30 days after receipt of the notice of decision of the Hearings Board if the penalty is appealed.

(f) If the amount of the civil penalty is not paid to the Agency within 30 days after it becomes due and payable, the Agency may bring action to recover the penalty in King County Superior Court or in the superior court of any county in which the violator does business. In these actions, the procedures and rules of evidence shall be the same as in an ordinary civil action.

(g) Civil penalties incurred but not paid shall accrue interest beginning on the 91st day following the date that the penalty becomes due and payable, at the highest rate allowed by RCW 19.52.020 on the date that the penalty becomes due and payable. If violations or penalties are appealed, interest shall not begin to accrue until the 31st day following final resolution of the appeal.

(h) To secure the penalty incurred under this section, the Agency shall have a lien on any vessel used or operated in violation of Regulations I, II, and III which shall be enforced as provided in RCW 60.36.050.

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 ((that section)) this paragraph shall be charged an annual registration fee of $1,000 plus an additional emission rate fee of:

$((15)) 35 for each ton of CO when the CO emissions are equal to or exceed ((25)) 100 tons in ((1997)) 1998, and

$35 for each ton of NOx when the NOx emissions are equal to or exceed 25 tons in ((1997)) 1998, and

$35 for each ton of PM10 when the PM10 emissions are equal to or exceed 25 tons in ((1997)) 1998, and

$35 for each ton of SOx when the SOx emissions are equal to or exceed 25 tons in ((1997)) 1998, and

$35 for each ton of VOC when the VOC emissions are equal to or exceed 25 tons in ((1997)) 1998, and

$((15)) 35 for each ton of ((TAC)) HAP when the facility total ((TAC)) HAP emissions are equal to or exceed 6 tons in ((1997)) 1998 or when any single individual ((TAC)) HAP emissions are equal to or exceed 2 tons in ((1997)) 1998.

(2) Emission reporting sources under Section 5.05(d) that equal or exceed ((twice)) any of the emission thresholds in ((that section)) this paragraph shall be charged the annual registration fee of $2,000 plus an additional emission rate fee of: ((Section 5.07(c)(1) above plus an additional $1,000.))

$35 for each ton of CO when the CO emissions are equal to or exceed 200 tons in 1998, and

$35 for each ton of NOx when the NOx emissions are equal to or exceed 50 tons in 1998, and

$35 for each ton of PM10 when the PM10 emissions are equal to or exceed 50 tons in 1998, and

$35 for each ton of SOx when the SOx emissions are equal to or exceed 50 tons in 1998, and

$35 for each ton of VOC when the VOC emissions are equal to or exceed 50 tons in 1998, and

$35 for each ton of HAP when the facility total HAP emissions are equal to or exceed 12 tons in 1998 or when any single individual HAP emissions are equal to or exceed 4 tons in 1998.

(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(((as certified at the time of annual fee payment))). . . . . . . . $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) shall be charged an annual registration fee of $1,000:

SIC	NAICS	SIC Description
1422	212312	Crushed and Broken Limestone
1429	212319	Crushed and Broken Stone
1442	212321	Construction Sand and Gravel
1446	212322	Industrial Sand
1611	23411	Highway and Street Construction
2035	311421	Pickled Fruits & Vegetables, Vegetable Sauces & Seasonings, and Salad Dressings
2077	311613	Animal and Marine Fats and Oils
2099	311999	Food Preparations
2491	321114	Wood Preserving
2834	325412	Pharmaceutical Preparations
2842	325612	Specialty Cleaning, Polishing, and Sanitation Preparations
2873	325311	Nitrogenous Fertilizers
2875	325314	Fertilizers, Mixing Only
2893	32591	Printing Ink
2951	234110	Asphalt Paving Mixtures and Blocks
2952	324122	Asphalt Felts and Coatings
3061	326291	Molded, Extruded, and Lathe-Cut Mechanical Rubber Goods
3211	327211	Flat Glass
3241	32731	Cement, Hydraulic
3272	32739	Concrete Products, except Block and Brick
3273	32732	Ready-Mix Concrete
3275	32742	Gypsum Products
3291	32791	Abrasive Products
3292	327999	Asbestos Products
3295	327992	Minerals and Earths, Ground or Otherwise Treated
3299	327999	Nonmetallic Mineral Products
3312	331111	Steel Works, Blast Furnaces, and Rolling Mills
3315	331222	Steel Wiredrawing and Steel Nails and Spikes
3321	331511	Gray and Ductile Iron Foundries
3324	331512	Steel Investment Foundries
3325	331513	Steel Foundries
3334	331312	Primary Production of Aluminum
3341	331492	Secondary Smelting & Refining of Nonferrous Metals
3365	331524	Aluminum Foundries
3366	331525	Copper Foundries
3369	331528	Nonferrous Foundries, except Aluminum and Copper
3398	332811	Metal Heat Treating
3433	333414	Heating Equipment, except Electric and Warm Air Furnaces
3471	332813	Electroplating, Plating, Polishing, Anodizing, and Coloring
3479	332812	Coating, Engraving, and Allied Services
3599	333999	Industrial and Commercial Machinery & Equipment
3674	334413	Semiconductors and Related Devices
3679	334418	Electronic Components
3731	336611	Ship Building and Repairing
4013	48821	Railroad Switching and Terminal Establishments
4613	48691	Refined Petroleum Pipelines
4911	221122	Electric Services
4952	22132	Sewerage Systems, (Treatment Plants)
4953	562111	Refuse Systems
5153	42251	Grain and Field Beans
5169	42269	Chemicals and Allied Products
7694	335312	Armature Rewinding Shops
8063	62221	Psychiatric Hospitals
8069	62231	Specialty Hospitals, except Psychiatric
8611	81391	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 shall be charged an annual registration fee of $500:

0711	115112	Soil Preparation Services
1459	212325	Clay, Ceramic, and Refractory Minerals
1521	23321	General Contractor — Single-Family Homes
1629	23499	Heavy Construction
1731	23531	Electrical Work
2013	311612	Sausages and Other Prepared Meat Products
2032	311422	Canned Specialties
2041	311211	Flour and Other Grain Mill Products
2045	311822	Prepared Flour Mixes and Doughs
2047	311111	Dog and Cat Food
2048	311119	Prepared Feeds and Feed Ingredients for Animals and Fowls, except Dogs and Cats
2052	311821	Cookies and Crackers
2082	31212	Malt Beverages
2086	312111	Bottled and Canned Soft Drinks and Carbonated Water
2091	311711	Canned and Cured Fish and Seafoods
2095	31192	Roasted Coffee
2096	311919	Potato Chips, Corn Chips, and Similar Snacks
2098	311823	Macaroni, Spaghetti, Vermicelli, and Noodles
2421	321113	Sawmills and Planing Mills
2426	321912	Hardwood Dimension and Flooring Mills
2429	321113	Special Product Sawmills
2431	32191	Millwork
2434	33711	Wood Kitchen Cabinets
2439	321213	Structural Wood Members
2441	32192	Nailed and Lock-Corner Wood Boxes and Shook
2448	32192	Wood Pallets and Skids
2452	321992	Prefabricated Wood Buildings and Components
2493	321219	Reconstituted Wood Products
2631	32213	Paperboard Mills
2652	322213	Setup Paperboard Boxes
2653	322211	Corrugated and Solid Fiber Boxes
2657	322212	Folded Paperboard Boxes
2671	326112	Packaging Paper and Plastics Film, Coated and Laminated
2675	322231	Die-Cut Paper and Paperboard and Cardboard
2711	51111	Newspapers: Publishing, or Publishing and Printing
2721	51112	Periodicals: Publishing, or Publishing and Printing
2731	51113	Books: Publishing, or Publishing and Printing
2752	323110	Commercial Printing, Lithographic
2759	32311	Commercial Printing
2819	325188	Industrial Inorganic Chemicals
2821	325211	Plastic Materials, Synthetic Resins, and Non-vulcanizable Elastomers
2851	32551	Paints, Varnishes, Lacquers, Enamels, and Allied Products
2869	325199	Industrial Organic Chemicals
3089	326199	Plastics Products
3271	327331	Concrete Block and Brick
3441	332312	Fabricated Structural Metal
3443	33242	Fabricated Plate Work
3444	332322	Sheet Metal Work
3446	332323	Architectural and Ornamental Metal Work
3449	332312	Miscellaneous Structural Metal Work
3463	332112	Nonferrous Forgings
3469	332116	Metal Stampings
3483	332993	Ammunition, except for Small Arms
3496	332618	Miscellaneous Fabricated Wire Products
3498	332996	Fabricated Pipe and Pipe Fittings
3499	332999	Fabricated Metal Products
3545	333515	Cutting Tools, Machine Tool Accessories, and Machinists’ Precision Measuring Devices
3556	333294	Food Products Machinery
3567	333994	Industrial Process Furnaces and Ovens
3571	334111	Electronic Computers
3629	335999	Electrical Industrial Apparatus
3639	335228	Household Appliances
3648	335129	Lighting Equipment
3663	33422	Radio & Television Broadcasting and Communications Equipment
3672	334412	Printed Circuit Boards
3691	335911	Storage Batteries
3713	336211	Truck and Bus Bodies
3721	336411	Aircraft
3728	336413	Aircraft Parts and Auxiliary Equipment
3743	33651	Railroad Equipment
3823	334513	Industrial Instruments for Measurement, Display, and Control of Process Variables; and Related Products
3873	334518	Watches, Clocks, Clockwork Operated Devices, and Parts
4173	48849	Terminal and Service Facilities for Motor Vehicle Passenger Transportation
4212	48411	Local Trucking without Storage
4222	49312	Refrigerated Warehousing and Storage
4491	48832	Marine Cargo Handling
4492	48833	Towing and Tugboat Services
4512	481111	Air Transportation, Scheduled
4581	48819	Airports, Flying Fields, and Airport Terminal Services
4952	22132	Sewerage Systems, (Pump Stations)
4961	22133	Steam and Air-Conditioning Supply
5032	42132	Brick, Stone, and Related Construction Materials
5039	44419	Construction Materials
5051	42151	Metals Service Centers and Offices
5065	42169	Electronic Parts and Equipment
5093	42193	Scrap and Waste Materials
5162	42261	Plastics Materials and Basic Forms and Shapes
5171	42271	Petroleum Bulk Stations and Terminals
5172	422720	Petroleum and Petroleum Products Wholesalers, except Bulk Stations and Terminals
5199	42299	Nondurable Goods
5712	337122	Furniture Stores
5984	454312	Liquefied Petroleum Gas Dealers
6513	53111	Operators of Apartment Buildings
7218	812332	Industrial Launderers
7219	812331	Laundry and Garment Services
7261	81221, 81222	Funeral Service and Crematories
7374	51421	Computer Processing and Data Preparation and Processing Services
7534	326212	Tire Retreading and Repair Shops
8062	62211	General Medical and Surgical Hospitals
8221	61131	Colleges, Universities, and Professional Schools
8331	62431	Job Training and Vocational Rehabilitation Services
8422	712190	Arboreta and Botanical or Zoological Gardens
8731	54171	Commercial Physical and Biological Research
8744	56121	Facilities Support Management Services
9221	922120	Police Protection
9223	92214	Correctional Institutions
9711	92811	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 6.11 NEW SOURCE PERFORMANCE STANDARDS

It shall be unlawful for any person to cause or allow the operation of any source in violation of any provision of Part 60, Title 40, of the Code of Federal Regulations (CFR) in effect July 1, ((1998)) 1999 herein incorporated by reference.

AMENDATORY SECTION

REGULATION I 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):

SIC	NAICS	SIC Description
2911	32411	Petroleum Refining
3241	32731	Cement, Hydraulic
3312	331111	Steel Works, Blast Furnaces, and Rolling Mills
3721	336411	Aircraft
3728	336413	Aircraft Parts and Auxiliary Equipment
9711	92811	National Security

. . . . . . . . . . . . $21,000

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

1721	23521	Painting and Paper Hanging
2051	311812	Bread and other Bakery Products, except Cookies and Crackers
2431	32191	Millwork
2434	33711	Wood Kitchen Cabinets
2491	321114	Wood Preserving
2499	321999	Wood Products
2672	322222	Coated and Laminated Paper
3086	32614, 32615	Plastics Foam Products
3251	327121	Brick and Structural Clay Tile
3443	332313	Fabricated Plate Work
3498	332996	Fabricated Pipe and Pipe Fittings
3585	333415	Air Conditioning and Warm-Air Heating Equipment, and Commercial and Industrial Refrigeration Equipment
7641	81142	Reupholstery and Furniture Repair

. . . . . . . . . . . . $3,500

(iii) Operating permit sources with a SIC code 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)) 35 for each ton of CO when the CO emissions are equal to or exceed ((25)) 100 tons in ((1997)) 1998, and

$35 for each ton of NOx when the NOx emissions are equal to or exceed 25 tons in ((1997)) 1998, and

$35 for each ton of PM10 when the PM10 emissions are equal to or exceed 25 tons in ((1997)) 1998, and

$35 for each ton of SOx when the SOx emissions are equal to or exceed 25 tons in ((1997)) 1998, and

$35 for each ton of VOC when the VOC emissions are equal to or exceed 25 tons in ((1997)) 1998, and

$((15)) 35 for each ton of ((TAC)) HAP when the facility total ((TAC)) HAP emissions are equal to or exceed 6 tons in ((1997)) 1998 or when any single individual ((TAC)) HAP emissions are equal to or exceed 2 tons in ((1997)) 1998.

(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 WAC 246-247.

(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.

AMENDATORY SECTION

REGULATION III SECTION 2.02 NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS

It shall be unlawful for any person to cause or allow the operation of any source in violation of any provision of Part 61 or Part 63, Title 40, of the Code of Federal Regulations (CFR) in effect July 1, ((1998)) 1999 herein incorporated by reference.