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 7.07.
Purpose: To adjust the fees for operating permits to cover program costs and to establish a fee for delinquent invoices to cover the cost of rebilling those facilities.
Other Identifying Information: Regulation I, Section 7.07 pertains to Operating Permit Fees.
Statutory Authority for Adoption: Chapter 70.94 RCW.
Statute Being Implemented: RCW 70.94.141.
Summary: The increases in the Operating Permit fees will help recover the cost of implementing the program. The addition of a delinquent fee will cover the cost of rebilling those facilities.
Reasons Supporting Proposal: The Operating Permit fees need to cover the cost of implementing 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 will increase the operating permit fees to cover the program costs and will establish a fee for delinquent invoices to cover the cost of having to rebill those facilities.
Proposal Changes the Following Existing Rules: Operating Permit base fees will be increased by 25% and emission fees by 10%. Also, a delinquent fee of 25% not to exceed $5,000 will be established.
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 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 and will be subject to an additional delinquent fee equal to 25% of the original fee, not to exceed $5,000.
(1) ((Facility Fees:)) Sources 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, or sources
subsequently determined by the control officer to be assigned to
either Section 7.07 (b)(1)(i) or 7.07 (b)(1)(ii) shall be subject
to the following 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:)) Operating
permit sources with the following NAICS/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 . . . . . . . . . . . . $((10,000)) 15,000
(2) Additional emission rate fees shall be paid in addition to the annual operating permit fees of Section 7.07 (b)(1):
$((20)) 22 for each ton of CO reported ((when the CO
emissions are equal to or exceed 25 tons)) in the previous
calendar year, and
$((40)) 44 for each ton of NOx reported ((when the NOx
emissions are equal to or exceed 25 tons)) in the previous
calendar year, and
$((40)) 44 for each ton of PM10 reported ((when the PM10
emissions are equal to or exceed 25 tons)) in the previous
calendar year, and
$((40)) 44 for each ton of SOx reported ((when the SOx
emissions are equal to or exceed 25 tons)) in the previous
calendar year, and
$((40)) 44 for each ton of VOC reported ((when the VOC
emissions are equal to or exceed 25 tons)) in the previous
calendar year, and
$((40)) 44 for each ton of HAP reported ((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) $250 for administrative permit amendments, and
(2) for minor permit modifications, a fee equal to 10% of the annual operating permit fee, not to exceed $5,000, and
(3) for the issuance, significant modification, or renewal of an operating permit, a fee equal to 20% of the annual operating permit fee, not to exceed $10,000, and
(4) to cover the cost of public involvement under WAC 173-401-800, and
(5) 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 Chapter ((WAC)) 173-401 WAC 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.