PROPOSED RULES
POLLUTION CONTROL AUTHORITY
Original Notice.
Exempt from preproposal statement of inquiry under RCW 70.94.141(1).
Title of Rule: Spokane County Air Pollution Control Authority (SCAPCA) Regulation I, Article X, 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.
Purpose: To amend the existing fee regulation to clarify the definition on like-kind emission units and to establish a compliance investigation fee of $300 per emission unit or group of like-kind emission units.
Statutory Authority for Adoption: RCW 70.94.141 and 70.94.380.
Statute Being Implemented: Chapter 70.94 RCW and 42 U.S.C. 7401 et seq.
Summary: These amendments establish an equitable compliance investigation fee of $300 per emission unit or group of like-kind emission units. These amendments result in lower compliance investigation fees to the regulated community.
Reasons Supporting Proposal: The present compliance investigation fee results in inequity, when applying it to different types of sources. Since the present compliance investigation fee is two times the applicable fees according to Section 10.07.B and the fees in that section vary depending upon the type of emission unit, then resulting compliance investigation fees for different types of emission units vary. The amount of inspection time is approximately the same for any type of emission unit, therefore a variation in compliance investigation fees is not equitable.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Spokane County Air Pollution Control Authority, 1101 West College, #403, Spokane, WA 99201, (509) 477-4727.
Name of Proponent: Spokane County Air Pollution Control Authority, governmental.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Compliance investigation fees will be decreased to the regulated community.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: Purpose: To amend the existing fee regulation to clarify the definition on like-kind emission units and to establish a compliance investigation fee of $300 per emission unit or group of like-kind emission units.
Effect: This revision effectively reduces the compliance investigation fee for emission units that have been installed without an approval to operate. It also establishes a finite fee that is the same for all types of emission units. The previous wording allowed SCAPCA to charge varying compliance investigation fees depending upon the type of emission unit. This establishes equity among emission units.
Proposal Changes the Following Existing Rules: Clarifies the definition of like-kind.
Establishes a $300 compliance investigation flat fee.
Reduces the amount of the compliance investigation fee.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This is a local agency rule and RCW 34.05.328 has not been made voluntarily applicable to this rule.
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 amendment.
Hearing Location: Spokane County Public Works Building, 1206 West Broadway, Hearing Room, Lower Level, Spokane, WA 99201, on May 4, 2000, at 9:00 a.m.
Submit Written Comments to: Charles E. Studer, Spokane County Air Pollution Control Authority, 1101 West College, Suite #403, Spokane, WA 99201, fax (509) 477-6828, by May 1, 2000.
Date of Intended Adoption: May 4, 2000.
February 25, 2000
Charles E. Studer
Environmental Engineer
AMENDATORY SECTION (Amending WSR 99-19-014, filed 9/7/99)
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 each project 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, the applicant
shall pay a filing fee of $150 at the time of filing the
application.
B. IN ADDITION to the filing fee provided in Section 10.07.A, the applicant shall pay a fee, according to the following:
(1) Equipment fee. Sources for which an application is made for more than one emission point under one Notice of Construction application, as allowed in Section 5.02.C, the equipment fee, for each emission unit and/or air pollution control system being installed or modified, shall be as follows:
(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 | |||
| Capacity (ton/day) | Fee | |||||
| 0 | < | 12 | $1,000 | |||
| 12 | < | 250 | $1,500 | |||
| 250 | < | UP | $2,500 | |||
| 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 | |||
| 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 | ||
(2) In addition, except for projects subject to an equipment fee, pursuant to Section 10.07.B. (1)(e) above, for any new or modified source of air pollution to be constructed and anticipated to produce significant emissions, a significant emissions review fee of $250.
(3) In addition, except for projects subject to an equipment
fee, pursuant to Section 1.07.B. (1)(e) above, for any new or
modified source of air pollution which requires review pursuant
to Chapter 173-460 WAC, a toxic air pollutant review fee. For
sources with more than one emission point under one Notice of
Construction application, as allowed in Section 5.02.C, a
separate toxic air pollutant review fee applies to each emission
unit, or each group of like-kind emission units, being installed
or modified. A group of emission units shall be considered as
like-kind if ((one set of emission calculations adequately
represents emissions from all the emission units)) the same set
of emission calculations can be used to characterize emissions
from each of the emissions units. The toxic air pollutant review
fee shall be as follows:
(a) For a new or modified source using WAC 173-460-080 (2)(e), Small Quantity Emission Rates, to demonstrate that ambient impacts are sufficiently low to protect human health and safety, as required WAC 173-460-070 & WAC 173-460, an additional charge of $100;
(b) For a new or modified source using dispersion screening models (e.g., EPA SCREEN or TSCREEN) under WAC 173-460-080 (2)(c) to demonstrate that ambient impacts are sufficiently low to protect human health and safety, as required WAC 173-460-070, an additional charge of $150;
(c) For a new or modified source using more refined dispersion models (e.g., EPA ISC3) under WAC 173-460-080 (2)(c) to demonstrate that ambient impacts are sufficiently low to protect human health and safety, as required WAC 173-460-070, an additional charge of $400; or
(d) For a new or modified source using a second tier analysis under WAC 173-460-090 or a risk management decision under WAC 173-460-100 to demonstrate that ambient impacts are sufficiently low to protect human health and safety, as required WAC 173-460-070, an additional charge of $1000.
(4) In addition, except for projects subject to an equipment fee, pursuant to Section 10.07.B. (1)(e) above, for any new or modified source of air pollution, subject to a standard under WAC 173-400-115 (NSPS), an additional charge as follows:
(a) If subject to 40 CFR Part 60, Subpart Dc, Standards of Performance for Small Industrial-Commercial-Institutional Steam Generating Units, with only natural gas as a fuel, an additional charge of $50;
(b) If subject to 40 CFR Part 60, Subpart Dc, Standards of Performance for Small Industrial-Commercial-Institutional Steam Generating Units, using fuels other than solely natural gas, an additional charge of $100;
(c) If subject to 40 CFR Part 60, Subpart I, Standards of Performance for Hot Mix Asphalt Facilities, an additional charge of $100;
(d) If a volatile organic liquid storage tank subject to 40 CFR § 60.110b (b) or (c), no additional charge;
(e) If subject to 40 CFR Part 60, Subpart OOO, Standards of Performance for Nonmetallic Mineral Processing Plants, no additional charge; and
(f) If subject to a subpart of 40 CFR Part 60, other than those covered in (a) through (d) above, an additional charge of $250.
(5) In addition, except for projects subject to an equipment fee, pursuant to Section 10.07.B. (1)(e) above, for any new or modified source of air pollution, subject to a standard under WAC 173-400-075 (NESHAP), an additional charge as follows:
(a) If subject to 40 CFR Part 63, Subpart M, National Perchloroethylene Air Emissions Standards for Dry Cleaning Facilities, and/or WAC 173-400-075(6), Emission Standards for Perchloroethylene Dry Cleaners, no additional charge;
(b) If subject to 40 CFR Part 63, Subpart N, National Emission Standards for Chromium Emissions From Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks, an additional charge of $100;
(c) If subject to 40 CFR Part 63, Subpart T, National Emission Standards for Halogenated Solvent Cleaning, an additional charge of $150; and
(d) If subject to a subpart of 40 CFR Part 63, other than those covered in (a) through (c) above, an additional charge of $250.
(6) In addition, for integrated review of a Notice of Construction and Application for Approval, as allowed under Section 5.02.G of this regulation, an additional charge of $250.
C. Sources for which application is made for a change in conditions pursuant to Section 5.10.C of this regulation, the fee shall be one half the current fee for a Notice of Construction and Application for Approval or a Notice of Intent to Install and Operate a Temporary Source 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 $350, whichever is less.
D. 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.)) $300 per emission unit, or group of like-kind
emission units, being installed or modified. A group of emission
units shall be considered as like-kind if the same set of
emission calculations can be used to characterize emissions from
each of the emissions units.