PROPOSED RULES
CLEAN AIR AGENCY
Original Notice.
Exempt from preproposal statement of inquiry under 70.94.141(1).
Title of Rule: Amend Regulation I, Sections 3.02, 5.07, and 7.07.
Purpose: To delete the reference to the board meeting time; and to increase fees for the Registration and Operating Permit programs.
Other Identifying Information: Section 3.02 pertains to Meetings of the Board of Directors; Section 5.07 pertains to Registration Fees; and Section 7.07 pertains to Operating Permit Fees.
Statutory Authority for Adoption: Chapter 70.94 RCW.
Statute Being Implemented: RCW 70.94.141.
Summary: This proposal will remove the reference to the start time of the monthly meeting held by the agency's board of directors; and increase the Registration and Operating Permit fees.
Reasons Supporting Proposal: For flexibility in the future, the agency would be able to change the start time of the monthly board meetings without the necessary of a rule change. The Registration and Operating Permit fees need to be increased to cover the cost of these two programs.
Name of Agency Personnel Responsible for Drafting: Jim Nolan, 110 Union Street, #500, Seattle, WA 98101, (206) 689-4053; 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 would allow the agency to change the start time of the monthly board meetings without the necessity of a rule change; and it will adjust the Registration and Operating Permit fees to cover program costs.
Proposal Changes the Following Existing Rules: The reference to the start time of the monthly board of directors meeting would be removed; the fees for the Registration and Operating Permit programs will increase.
No small business economic impact statement has been prepared under chapter 19.85 RCW. 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: PSCAA Offices, 110 Union Street, #500, Seattle, WA 98101, on June 14, 2001, at 1:00 p.m.
Assistance for Persons with Disabilities: Contact Agency Receptionist, (206) 689-4010, by June 7, 2001, TDD (800) 833-6388, or (800) 833-6385 (Braille).
Submit Written Comments to: Dennis McLerran, PSCAA, 110 Union Street, #500, Seattle, WA 98101, fax (206) 343-7522, by June 4, 2001.
Date of Intended Adoption: June 14, 2001.
April 30, 2001
James Nolan
Director - Compliance
AMENDATORY SECTION
REGULATION I SECTION 3.02 MEETINGS OF THE BOARD OF DIRECTORS
(a) Regular Meetings. The Agency Board of Directors shall
meet at least ten (10) times per year. All Board of Director
meetings are open to the public. Regular meetings of the Board
shall be held on the second Thursday of each month ((at 9:00
a.m.)) at the Agency's offices. The Agency's offices are located
at 110 Union Street, Suite 500, Seattle, WA 98101-2038. The
Agency may be reached by telephone at (206) 343-8800 or
1-800-552-3565, or by facsimile at (206) 343-7522.
Notice of the meetings shall be published in the State Register, as well as in the local newspapers of general circulation of the largest city within each member county. The notices shall state the time, date, and place of each meeting. Notice shall be provided at least ten (10) days prior to each meeting. The agenda for any meeting may be obtained by contacting the Agency directly.
During any meeting, the Board may retire to Executive Session, at which time all members of the public shall be excluded from the meeting.
Written communications to the Board or individual Board members may be made by contacting the Agency at the above address and facsimile number.
(b) Special Meetings. The Chair or majority of the members of the Board may call a special meeting at any time. Notice of such meetings shall be provided as required by the Open Public Meetings Act, chapter 42.30 RCW.
(c) Public Records. All minutes and records of all regular and special Board meetings, including written communications provided to the Board, shall be available for public inspection and copying as provided in the Public Disclosure Law, chapter 42.17 RCW. Any person wishing to review or copy such records should contact the Agency's records administrator.
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 this paragraph
shall be charged an annual registration fee of (($1,000)) $1,200
plus an additional emission rate fee of:
(($15)) $20 for each ton of CO when the CO emissions are
equal to or exceed 100 tons in the previous calendar year, and
(($35)) $40 for each ton of NOx when the NOx emissions are
equal to or exceed 25 tons in the previous calendar year, and
(($35)) $40 for each ton of PM10 when the PM10 emissions are
equal to or exceed 25 tons in the previous calendar year, and
(($35)) $40 for each ton of SOx when the SOx emissions are
equal to or exceed 25 tons in the previous calendar year, and
(($35)) $40 for each ton of VOC when the VOC emissions are
equal to or exceed 25 tons in the previous calendar year, and
(($35)) $40 for each ton of HAP 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.
(2) Emission reporting sources under Section 5.05(d) that
equal or exceed any of the emission thresholds in this paragraph
shall be charged the annual registration fee of (($2,000)) $2,500
plus an additional emission rate fee of:
(($15)) $20 for each ton of CO when the CO emissions are
equal to or exceed 200 tons in the previous calendar year, and
(($35)) $40 for each ton of NOx when the NOx emissions are
equal to or exceed 50 tons in the previous calendar year, and
(($35)) $40 for each ton of PM10 when the PM10 emissions are
equal to or exceed 50 tons in the previous calendar year, and
(($35)) $40 for each ton of SOx when the SOx emissions are
equal to or exceed 50 tons in the previous calendar year, and
(($35)) $40 for each ton of VOC when the VOC emissions are
equal to or exceed 50 tons in the previous calendar year, and
(($35)) $40 for each ton of HAP when the facility total HAP
emissions are equal to or exceed 12 tons in the previous calendar
year or when any single individual HAP emissions are equal to or
exceed 4 tons in the previous calendar year.
(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 . . . . . . . . . . . . $50
(4) Perchloroethylene ((D))dry-cleaning plants, except rug
cleaning (SIC = 7216, NAICS = 812322)
((without refrigerated condenser)) vented . . . . . . . . . . . . $500
((with refrigerated condenser)) unvented . . . . . . . . . . . . (($150)) $50
(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
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
(Standard Industrial Classification Manual, Executive Office of
the President, Office of Management and Budget, 1987) shall be
charged an annual registration fee of (($1,000)) $1,200:
| NAICS | SIC | NAICS Description |
| 212312 | 1422 | Crushed and Broken Limestone Mining and Quarrying |
| 212319 | 1429 | Other Crushed and Broken Stone Mining and Quarrying |
| 212321 | 1442 | Construction Sand and Gravel Mining |
| 212322 | 1446 | Industrial Sand Mining |
| 221122 | 4911 | Electric Power Distribution |
| 22132 | 4952 | Sewage Treatment Facilities |
| 23411 | 1611 | Highway and Street Construction |
| 311421 | 2035 | Fruit and Vegetable Canning |
| 311613 | 2077 | Rendering and Meat Byproduct Processing |
| 311999 | 2099 | All Other Miscellaneous Food Manufacturing |
| 321114 | 2491 | Wood Preservation |
| 324121 | 2951 | Asphalt Paving Mixture and Block Manufacturing |
| 324122 | 2952 | Asphalt Shingle and Coating Materials Manufacturing |
| 325311 | 2873 | Nitrogenous Fertilizer Manufacturing |
| 325314 | 2875 | Fertilizer (Mixing Only) Manufacturing |
| 325412 | 2834 | Pharmaceutical Preparation Manufacturing |
| 325612 | 2842 | Polish and Other Sanitation Good Manufacturing |
| 32591 | 2893 | Printing Ink Manufacturing |
| 326291 | 3061 | Rubber Product Manufacturing for Mechanical Use |
| 327211 | 3211 | Flat Glass Manufacturing |
| 32731 | 3241 | Cement Manufacturing |
| 32732 | 3273 | Ready-Mix Concrete Manufacturing |
| 32739 | 3272 | Other Concrete Product Manufacturing |
| 32742 | 3275 | Gypsum Product Manufacturing |
| 32791 | 3291 | Abrasive Product Manufacturing |
| 327992 | 3295 | Ground or Treated Mineral and Earth Manufacturing |
| 327999 | 3292, 3299 | All Other Miscellaneous Nonmetallic Mineral Product Manufacturing |
| 331111 | 3312 | Iron and Steel Mills |
| 331222 | 3315 | Steel Wire Drawing |
| 331312 | 3334 | Primary Aluminum Production |
| 331492 | 3341 | Secondary Smelting, Refining, and Alloying of Nonferrous Metal (except Copper and Aluminum) |
| 331511 | 3321 | Iron Foundries |
| 331512 | 3324 | Steel Investment Foundries |
| 331513 | 3325 | Steel Foundries (except Investment) |
| 331524 | 3365 | Aluminum Foundries (except Die-Casting) |
| 331525 | 3366 | Copper Foundries (except Die-Casting) |
| 331528 | 3369 | Other Nonferrous Foundries (except Die-Casting) |
| 332811 | 3398 | Metal Heat Treating |
| 332812 | 3479 | Metal Coating, Engraving (except Jewelry and Silverware), and Allied Services to Manufacturers |
| 332813 | 3471 | Electroplating, Plating, Polishing, Anodizing, and Coloring |
| 333414 | 3433 | Heating Equipment (except Warm Air Furnaces) Manufacturing |
| 333999 | 3599 | All Other Miscellaneous General Purpose Machinery Manufacturing |
| 334413 | 3674 | Semiconductor and Related Device Manufacturing |
| 334418 | 3679 | Printed Circuit Assembly (Electronic Assembly) Manufacturing |
| 335312 | 7694 | Motor and Generator Manufacturing |
| 336611 | 3731 | Ship Building and Repairing |
| 42251 | 5153 | Grain and Field Bean Wholesalers |
| 42269 | 5169 | Other Chemical and Allied Products Wholesalers |
| 48691 | 4613 | Pipeline Transportation of Refined Petroleum Products |
| 48821 | 4013 | Support Activities for Rail Transportation |
| 562111 | 4953 | Solid Waste Collection |
| 62221 | 8063 | Psychiatric and Substance Abuse Hospitals |
| 62231 | 8069 | Specialty (except Psychiatric and Substance Abuse) Hospitals |
| 81391 | 8611 | Business Associations |
| NAICS | SIC | NAICS Description |
| 115112 | 0711 | Soil Preparation, Planting, and Cultivating |
| 212325 | 1459 | Clay and Ceramic and Refractory Minerals Mining |
| 22132 | 4952 | Sewage Treatment Facilities |
| 22133 | 4961 | Steam and Air-Conditioning Supply |
| 23321 | 1521 | Single-Family Housing Construction |
| 23499 | 1629 | All Other Heavy Construction |
| 23531 | 1731 | Electrical Contractors |
| 311111 | 2047 | Dog and Cat Food Manufacturing |
| 311119 | 2048 | Other Animal Food Manufacturing |
| 311211 | 2041 | Flour Milling |
| 311422 | 2032 | Specialty Canning |
| 311612 | 2013 | Meat Processed from Carcasses |
| 311711 | 2091 | Seafood Canning |
| 311821 | 2052 | Cookie and Cracker Manufacturing |
| 311822 | 2045 | Flour Mixes and Dough Manufacturing from Purchased Flour |
| 311823 | 2098 | Dry Pasta Manufacturing |
| 311919 | 2096 | Other Snack Food Manufacturing |
| 31192 | 2095 | Coffee and Tea Manufacturing |
| 312111 | 2086 | Soft Drink Manufacturing |
| 31212 | 2082 | Breweries |
| 321113 | 2421, 2429 | Sawmills |
| 321213 | 2439 | Engineered Wood Member (except Truss) Manufacturing |
| 321219 | 2493 | Reconstituted Wood Product Manufacturing |
| 32191 | 2431 | Millwork |
| 321912 | 2426 | Cut Stock, Resawing Lumber, and Planing |
| 32192 | 2441, 2448 | Wood Container and Pallet Manufacturing |
| 321992 | 2452 | Prefabricated Wood Building Manufacturing |
| 32213 | 2631 | Paperboard Mills |
| 322211 | 2653 | Corrugated and Solid Fiber Box Manufacturing |
| 322212 | 2657 | Folding Paperboard Box Manufacturing |
| 322213 | 2652 | Setup Paperboard Box Manufacturing |
| 322231 | 2675 | Die-Cut Paper and Paperboard Office Supplies Manufacturing |
| 32311 | 2759 | Printing |
| 323110 | 2752 | Commercial Lithographic Printing |
| 325188 | 2819 | All Other Basic Inorganic Chemical Manufacturing |
| 325199 | 2869 | All Other Basic Organic Chemical Manufacturing |
| 325211 | 2821 | Plastics Material and Resin Manufacturing |
| 32551 | 2851 | Paint and Coating Manufacturing |
| 326112 | 2671 | Unsupported Plastics Packaging Film and Sheet Manufacturing |
| 326199 | 3089 | All Other Plastics Product Manufacturing |
| 326212 | 7534 | Tire Retreading |
| 327331 | 3271 | Concrete Block and Brick Manufacturing |
| 332112 | 3463 | Nonferrous Forging |
| 332116 | 3469 | Metal Stamping |
| 332312 | 3441, 3449 | Fabricated Structural Metal Manufacturing |
| 332322 | 3444 | Sheet Metal Work Manufacturing |
| 332323 | 3446 | Ornamental and Architectural Metal Work Manufacturing |
| 33242 | 3443 | Metal Tank (Heavy Gauge) Manufacturing |
| 332618 | 3496 | Other Fabricated Wire Product Manufacturing |
| 332993 | 3483 | Ammunition (except Small Arms) Manufacturing |
| 332996 | 3498 | Fabricated Pipe and Pipe Fitting Manufacturing |
| 332999 | 3499 | All Other Miscellaneous Fabricated Metal Product Manufacturing |
| 333294 | 3556 | Food Product Machinery Manufacturing |
| 333515 | 3545 | Cutting Tool and Machine Tool Accessory Manufacturing |
| 333994 | 3567 | Industrial Process Furnace and Oven Manufacturing |
| 334111 | 3571 | Electronic Computer Manufacturing |
| 33422 | 3663 | Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing |
| 334412 | 3672 | Bare Printed Circuit Board Manufacturing |
| 334513 | 3823 | Instruments and Related Products Manufacturing for Measuring, Displaying, and Controlling Industrial Process Variables |
| 334518 | 3873 | Watch, Clock, and Part Manufacturing |
| 335129 | 3648 | Other Lighting Equipment Manufacturing |
| 335228 | 3639 | Other Major Household Appliance Manufacturing |
| 335911 | 3691 | Storage Battery Manufacturing |
| 335999 | 3629 | All Other Miscellaneous Electrical Equipment and Component Manufacturing |
| 336211 | 3713 | Motor Vehicle Body Manufacturing |
| 336411 | 3721 | Aircraft Manufacturing |
| 336413 | 3728 | Other Aircraft Parts and Auxiliary Equipment Manufacturing |
| 33651 | 3743 | Railroad Rolling Stock Manufacturing |
| 33711 | 2434 | Wood Kitchen Cabinet and Countertop Manufacturing |
| 337122 | 5712 | Nonupholstered Wood Household Furniture Manufacturing |
| 42132 | 5032 | Brick, Stone, and Related Construction Material Wholesalers |
| 42151 | 5051 | Metal Service Centers and Offices |
| 42169 | 5065 | Other Electronic Parts and Equipment Wholesalers |
| 42193 | 5093 | Recyclable Material Wholesalers |
| 42261 | 5162 | Plastics Materials and Basic Forms and Shapes Wholesalers |
| 42271 | 5171 | Petroleum Bulk Stations and Terminals |
| 422720 | 5172 | Petroleum and Petroleum Products Wholesalers (except Bulk Stations and Terminals) |
| 42299 | 5199 | Other Miscellaneous Nondurable Goods Wholesalers |
| 44419 | 5039 | Other Building Material Dealers |
| 454312 | 5984 | Liquefied Petroleum Gas (Bottled Gas) Dealers |
| 481111 | 4512 | Scheduled Passenger Air Transportation |
| 48411 | 4212 | General Freight Trucking, Local |
| 48819 | 4581 | Other Support Activities for Air Transportation |
| 48832 | 4491 | Marine Cargo Handling |
| 48833 | 4492 | Navigational Services to Shipping |
| 48849 | 4173 | Other Support Activities for Road Transportation |
| 49312 | 4222 | Refrigerated Warehousing and Storage |
| 51111 | 2711 | Newspaper Publishers |
| 51112 | 2721 | Periodical Publishers |
| 51113 | 2731 | Book Publishers |
| 51421 | 7374 | Data Processing Services |
| 53111 | 6513 | Lessors of Residential Buildings and Dwellings |
| 54171 | 8731 | Research and Development in the Physical, Engineering, and Life Sciences |
| 56121 | 8744 | Facilities Support Services |
| 61131 | 8221 | Colleges, Universities, and Professional Schools |
| 62211 | 8062 | General Medical and Surgical Hospitals |
| 62431 | 8331 | Vocational Rehabilitation Services |
| 712190 | 8422 | Nature Parks and Other Similar Institutions |
| 81221 | 7261 | Funeral Homes and Funeral Services |
| 81222 | 7261 | Cemeteries and Crematories |
| 812331 | 7219 | Linen Supply |
| 812332 | 7218 | Industrial Launderers |
| 922120 | 9221 | Police Protection |
| 92214 | 9223 | Correctional Institutions |
| 92811 | 9711 | National Security |
AMENDATORY SECTION
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.
(1) 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:
| 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 |
(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 |
(iii) Operating permit sources with NAICS/SIC codes other
than listed above . . . . . . . . . . . . (($7,000)) $10,000
(2) Additional emission rate fees shall be paid in addition to the annual operating permit fees of Section 7.07 (b)(1):
$15 for each ton of CO when the CO emissions are equal to or exceed 100 tons in the previous calendar year, and
$35 for each ton of NOx when the NOx emissions are equal to or exceed 25 tons in the previous calendar year, and
$35 for each ton of PM10 when the PM10 emissions are equal to or exceed 25 tons in the previous calendar year, and
$35 for each ton of SOx when the SOx emissions are equal to or exceed 25 tons in the previous calendar year, and
$35 for each ton of VOC when the VOC emissions are equal to or exceed 25 tons in the previous calendar year, and
$35 for each ton of HAP 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) $500 for administrative permit amendments, and
(((1))) (2) for the issuance, ((reissuance)) modification,
or renewal of an operating permit, a fee equal to 20% of the
annual operating permit fee, not to exceed (($5,000.00)) $10,000,
and
(((2))) (3) to cover the cost of public involvement under
WAC 173-401-800, and
(((3))) (4) 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 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.