PROPOSED RULES
CLEAN AIR AGENCY
Original Notice.
Exempt from preproposal statement of inquiry under RCW 70.94.141(1).
Title of Rule: Amend Regulation I, Section 5.07.
Purpose: To increase the registration fees to cover the cost of the program and to add a 25% delinquency fee to any registration fees that are over ninety days past due.
Other Identifying Information: Regulation I, Section 5.07 pertains to Registration Fees.
Statutory Authority for Adoption: Chapter 70.94 RCW.
Statute Being Implemented: RCW 70.94.141.
Summary: Increases the registration fees to cover the cost of the program; and adds a 25% delinquency fee to any registration fees that are over 90 days past due.
Reasons Supporting Proposal: Registration fees need to cover the cost of the program.
Name of Agency Personnel Responsible for Drafting and Enforcement: Jim Nolan, 110 Union Street, #500, Seattle, WA 98101, (206) 689-4053; and Implementation: Tina Laing, 110 Union Street, #500, Seattle, WA 98101, (206) 689-4013.
Name of Proponent: Puget Sound Clean Air Agency, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: This proposal would increase the registration fees to cover the cost of the program; and add a 25% delinquency fee to any registration fees that are over ninety days past due.
Proposal Changes the Following Existing Rules: Registration fees would increase to cover program costs, and a 25% delinquency fee would be added to any registration fee charges that are over ninety days past due.
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: Puget Sound Clean Air Agency, 110 Union Street, Suite 500, Seattle, WA 98101, on May 23, 2002, at 9:15 a.m.
Assistance for Persons with Disabilities: Contact Agency Receptionist, (206) 689-4010, by May 16, 2002, TDD (800) 833-6388, or (800) 833-6385 (Braille).
Submit Written Comments to: Dennis McLerran, Puget Sound Clean Air Agency, 110 Union Street, Suite 500, Seattle, WA 98101, fax (206) 343-7522, by May 13, 2002.
Date of Intended Adoption: May 23, 2002.
April 16, 2002
James Nolan
Director - Compliance
AMENDATORY SECTIONREGULATION 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 and will be subject to an additional delinquent fee equal to 25% of the original fee, not to exceed $1,000.
(c) Annual registration fees are assessed either by the emission reporting thresholds or, if below emission thresholds, by the primary 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):
(1) Emission reporting sources under Section 5.05(d) that
equal or exceed any of the emission thresholds in ((this)) that
paragraph shall be charged an annual registration fee of
(($1,200)) $1,750 plus an additional emission rate fee of:
$((20)) 22 for each ton of CO ((when the CO emissions are
equal to or exceed 25 tons)) reported in the previous
calendar year, and
$((40)) 44 for each ton of NOx ((when the NOx emissions are
equal to or exceed 25 tons)) reported in the previous
calendar year, and
$((40)) 44 for each ton of PM10 ((when the PM10 emissions are
equal to or exceed 25 tons)) reported in the previous
calendar year, and
$((40)) 44 for each ton of SOx ((when the SOx emissions are
equal to or exceed 25 tons)) reported in the previous
calendar year, and
$((40)) 44 for each ton of VOC ((when the VOC emissions are
equal to or exceed 25 tons)) reported in the previous
calendar year, and
$((40)) 44 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)) reported in the previous
calendar year.
(2) Emission reporting sources under Section 5.05(d) that
equal or exceed twice any of the emission thresholds in ((this))
that paragraph shall be charged the annual registration fee of
(($2,500)) $3,500 plus an additional emission rate fee of:
$((20)) 22 for each ton of CO ((when the CO emissions are
equal to or exceed 50 tons)) reported in the previous
calendar year, and
$((40)) 44 for each ton of NOx ((when the NOx emissions are
equal to or exceed 50 tons)) reported in the previous
calendar year, and
$((40)) 44 for each ton of PM10 ((when the PM10 emissions are
equal to or exceed 50 tons)) reported in the previous
calendar year, and
$((40)) 44 for each ton of SOx ((when the SOx emissions are
equal to or exceed 50 tons)) reported in the previous
calendar year, and
$((40)) 44 for each ton of VOC ((when the VOC emissions are
equal to or exceed 50 tons)) reported in the previous
calendar year, and
$((40)) 44 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 5 tons)) reported in the previous
calendar year.
(3) Automobile body repair and painting (SIC = 7532, NAICS = 811121)
without EnviroStar rating of 3, 4, or 5 stars . . . . . . . . . . . . $((250))
300
with EnviroStar rating of 3, 4, or 5 stars . . . . . . . . . . . . $50
(4) Perchloroethylene dry-cleaning plants, except rug cleaning (SIC = 7216, NAICS = 812322)
vented . . . . . . . . . . . . $500
unvented . . . . . . . . . . . . $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 6,000,000 ((1,200,000)) gallons . . . . . . . . . . . . (($400))
subject to Section 5.07 (c)(1) above
(ii) 3,600,001 to 6,000,000 ((840,001 to 1,200,000)) gallons
((in Kitsap County)) . . . . . . . . . . . . $((250)) 1,000
(iii) 1,200,001 to 3,600,000 ((600,001 to 1,200,000))
gallons
((in King, Pierce, or Snohomish County)) . . . . . . . . . . . . $((250)) 600
(iv) 840,001 to 1,200,000 ((600,001 to 840,000)) gallons
((in Kitsap County)) . . . . . . . . . . . . $((150)) 400
(v) 200,000 to 840,000 ((600,000)) gallons . . . . . . . . . . . . $((150)) 200
(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
NAICS or SIC codes, or as subsequently assigned to Section 5.07
(c)(6) by the Control Officer, shall be charged an annual
registration fee of (($1,200)) $1,600:
| 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 |
| 311111 | 2047 | Dog and Cat Food Manufacturing |
| 311119 | 2048 | Other Animal Food Manufacturing |
| Fruit and Vegetable Canning)) | ||
| 311612 | 2013 | Meat Processed from Carcasses |
| 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 |
| 326199 | 3089 | All Other Plastics Product 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 |
| 334412 | 3672 | Bare Printed Circuit Board Manufacturing |
| 334413 | 3674 | Semiconductor and Related Device Manufacturing |
| 334418 | 3679 | Printed Circuit Assembly (Electronic Assembly) Manufacturing |
| 335129 | 3648 | Other Lighting Equipment Manufacturing |
| 335312 | 7694 | Motor and Generator Manufacturing |
| 335911 | 3691 | Storage Battery Manufacturing |
| 336411 | 3721 | Aircraft Manufacturing |
| 336413 | 3728 | Other Aircraft Parts and Auxiliary Equipment Manufacturing |
| 336611 | 3731 | Ship Building and Repairing |
| 42251 | 5153 | Grain and Field Bean Wholesalers |
| Other Chemical and Allied Products Wholesalers)) | ||
| 42271 | 5171 | Petroleum Bulk Stations and Terminals |
| 422720 | 5172 | Petroleum and Petroleum Products Wholesalers (except Bulk Stations and Terminals) |
| 481111 | 4512 | Scheduled Passenger Air Transportation |
| 48691 | 4613 | Pipeline Transportation of Refined Petroleum Products |
| 48819 | 4581 | Other Support Activities for Air Transportation |
| 48821 | 4013 | Support Activities for Rail Transportation |
| 48849 | 4173 | Other Support Activities for Road Transportation |
| 562111 | 4953 | Solid Waste Collection |
| 62211 | 8062 | General Medical and Surgical Hospitals |
| 62221 | 8063 | Psychiatric and Substance Abuse Hospitals |
| 62231 | 8069 | Specialty (except Psychiatric and Substance Abuse) Hospitals |
| 81221 | 7261 | Funeral Homes and Funeral Services |
| 81222 | 7261 | Cemeteries and Crematories |
| 81391 | 8611 | Business Associations |
| 92214 | 9223 | Correctional Institutions |
All other sources requiring registration under Section 5.03
and not listed in Sections 5.07 (c)(1) through 5.07 (c)(6) or
Section 5.07 (c)(8), shall be charged an annual registration fee
of $800.
| National Security)) |
(8) All sources required to be registered by Section 5.07 (c)(7) that certify (using the procedures in WAC 296-27-00103: Partial Exemption for Employers With 10 or Fewer Employees) they did not employ more than 10 persons at any time during the previous calendar year, shall be charged an annual registration fee of $400.