WSR 01-19-039

PROPOSED RULES

SPOKANE COUNTY AIR

POLLUTION CONTROL AUTHORITY

[ Filed September 14, 2001, 9:24 a.m. ]

Original Notice.

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

Title of Rule: SCAPCA Regulation I, Article X, Section 10.06 Registration and Operating Permit Fees for Air Contaminant Sources.

Purpose: 1. Amend fee regulation to change fee structure for air operating permit sources to an emission based fee.

2. Adjust fees for full cost recovery of air operating permit program.

Statutory Authority for Adoption: RCW 70.94.141, 70.94.380(2), 70.94.161.

Statute Being Implemented: RCW 70.94.161, 70.94.162, WAC 173-401-905, 173-401-915(1).

Summary: 1. Air operating permit fee structure is being amended to an emission based fee.

2. The amount of the fee is being amended to comply with full cost recovery requirements of the RCW.

Reasons Supporting Proposal: SCAPCA is projecting that fees will fall short of expenses again this year if not raised.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Ron Edgar, 1101 West College, Room 403, Spokane, WA 99201, (509) 477-4727.

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: The amendments to the rule change the fee structure from a set fee for a particular source to a set base fee for all sources in the program plus a fee for each source based on tons of pollution emitted to the atmosphere. The purpose for the regulation being amended is to obtain full cost recovery as required in chapter 173-401 WAC and chapter 70.94 RCW. The effect of the change will be to obtain full cost recovery and place the cost of the program with those sources that emit the most pollution.

Proposal Changes the Following Existing Rules: Sections specifying fees by source type are being deleted and replaced with a base fee plus a fee per ton of emissions.

No small business economic impact statement has been prepared under chapter 19.85 RCW. SCAPCA is not required under chapter 19.85 RCW to file small business economic impact statements.

RCW 34.05.328 does not apply to this rule adoption. This is a local agency rule and RCW 34.05.328 has not been made voluntarily applicable to this rule.

Hearing Location: Spokane County Public Works Building, 1026 West Broadway, Hearing Room, Lower Level, Spokane, WA 99201, on November 1, 2001, at 8:30 a.m.

Submit Written Comments to: Ron Edgar, Spokane County Air Pollution Control Authority, 1101 West College, Room 403, Spokane, WA 99201, fax (509) 477-6828, by October 24, 2001, by 4:30 p.m.

Date of Intended Adoption: November 1, 2001.

September 5, 2001

Ronald J. Edgar

Chief of Technical Services

ARTICLE X



FEES AND CHARGES

AMENDATORY SECTION


SECTION 10.06 REGISTRATION AND OPERATING PERMIT FEES FOR AIR CONTAMINANT SOURCES


A. Each source required by Article IV, Section 4.01 to be registered, each air operating permit source, and each source required by Article V, Section 5.02 to obtain an approved Notice of Construction and Application for Approval is subject to an annual fee for each year, or portion of each year, during which it operates. The owner or operator shall pay the fee, pursuant to the requirements in Section 10.02. 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; and

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

c. an emission fee of $20 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; and

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

c. an emission fee of $20 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, a share of the assessment by the Department of Ecology, pursuant to RCW 70.94.162(3), determined according to Section 10.06.D of this regulation, plus:

a. for bulk gasoline loading terminals, Standard Industrial Classification 5171, a fee of $11,500 an annual base fee of $3000 and;

b. for secondary aluminum facilities, Standard Industrial Classification 3341, a fee of $21,100; an emission fee of $31.11 per ton of actual emissions for the previous calendar year.

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

1) which have total annual actual emissions of less than 50 tons, a fee of $3000;

2) which have total annual actual emissions of greater than or equal to 50 tons but less than 100 tons, a fee of $4000; or

3) which have total actual annual emissions of 100 tons or greater, a fee of $5000.

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.

C. The Board of Directors shall annually review the fee schedule for air operating permit sources 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 = FI x AE

FT


Where,


I is the individual share of the assessment, and


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


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


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

Reviser's note: The typographical errors in the above material occurred in the copy filed by the Spokane County Air Pollution Control Authority and appear in the Register pursuant to the requirements of RCW 34.08.040.

Washington State Code Reviser's Office