CLEAN AIR AGENCY
Exempt from preproposal statement of inquiry under RCW 70.94.141(1).
Title of Rule: Amend Regulation I, Sections 3.03 and 6.04.
Purpose: To adjust the general regulatory order and notice of construction fees to cover agency costs.
Other Identifying Information: Section 3.03 pertains to General Regulatory Orders; Section 6.04 pertains to Notice of Construction Fees.
Statutory Authority for Adoption: Chapter 70.94 RCW.
Statute Being Implemented: RCW 70.94.141.
Summary: This proposal will adjust the fees the agency charges for the notice of construction program and for general regulatory orders, which will help to cover agency costs.
Reasons Supporting Proposal: The fees charged for the notice of construction program and general regulatory orders need to cover agency costs.
Name of Agency Personnel Responsible for Drafting: Steve Van Slyke, 110 Union Street, #500, Seattle, WA 98101, (206) 689-4052; Implementation: Dave Kircher, 110 Union Street, #500, Seattle, WA 98101, (206) 689-4050; and Enforcement: Jim Nolan, 110 Union Street, #500, Seattle, WA 98101, (206) 689-4053.
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: See Purpose above.
Proposal Changes the Following Existing Rules: See Purpose above.
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 22, 2003, at 9:15 a.m.
Assistance for Persons with Disabilities: Contact Agency Receptionist, (206) 689-4010, by May 15, 2003, 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 12, 2003.
Date of Intended Adoption: May 22, 2003.
April 1, 2003
Steve M. Van Slyke
Supervisory EngineerAMENDATORY SECTION
REGULATION I SECTION 3.03 GENERAL REGULATORY ORDERS
(a) Purpose. The Board may, by regulatory order, apply to a specific source or sources any applicable provision of chapter 70.94 RCW or the rules adopted thereunder.
(b) Public Involvement Process. The Board may issue a regulatory order after the following public involvement process has been completed:
(1) Public notice of the proposed order shall be published in a newspaper of general circulation in the area where the source that is the subject of the order is located. Notice shall also be sent to the U.S. Environmental Protection Agency Regional Administrator. The public notice shall include, at a minimum, the following information:
(A) The name and address of the owner or operator and the source;
(B) A brief description of the purpose of the proposed order and the requirements included in the proposed order;
(C) The deadline for submitting written comments to the Agency; and
(D) The opportunity for a public hearing if the Agency determines that there is significant public interest in the proposed order.
(2) The initial public comment period shall be at least 30 days.
(3) During the initial 30-day public comment period, any person may request a public hearing be held. Any such request shall be submitted in writing to the Agency, shall indicate the interest of the entity filing it, and describe why a hearing is warranted. The Agency may, at its discretion, hold a public hearing if it determines significant public interest exists. Any such hearing shall be held before a hearing officer and upon such notice and at a time and place as the Agency deems reasonable. The hearing officer shall hear testimony at the public hearing and prepare a written summary of the testimony received at the hearing. The Agency shall provide at least 30 days prior notice of any hearing. If a public hearing is held, the public comment period shall extend through the hearing date.
(c) Board Action. The Board shall only issue an order under this section after:
(1) The public comment period has ended;
(2) Any public hearing scheduled has been held; and
(3) The Board has considered all information and data related to the proposed order received by the Agency, including all written comments received and any summary of testimony prepared by the hearing officer.
The Board shall take action on a proposed order at a Board meeting. Unless otherwise ordered by the Board, an order issued under this section shall be effective on the date the Board approves the order.
(d) Appeals. Orders issued by the Board under this section may be appealed to the Pollution Control Hearings Board pursuant to Section 3.17 of Regulation I and RCW 43.21B.310.
(e) Fees. The Agency shall assess a fee of ((
$4,000 to cover the costs of processing and issuing a general
regulatory order under this section. The Agency shall also
assess a fee equal to the cost of providing public notice in
accordance with Section 3.03(b) of this regulation. These
fees shall be due and payable within 30 days of the date of
the invoice and shall be deemed delinquent if not fully paid
within 90 days of the invoice.
REGULATION I SECTION 6.04 NOTICE OF CONSTRUCTION FEES
(a) A Notice of Construction application is incomplete until the Agency has received fees as shown below:
|Filing Fee (for each application, to be paid prior to any review) . . . . . . . . . . . .||
|Spray-Coating Booth (commercially manufactured) . . . . . . . . . . . .||$250|
|Coffee Roaster (less than 40 pounds/batch, with thermal oxidizer) . . . . . . . . . . . .||
|Hot Mix Asphalt Batch Plant . . . . . . . . . . . .||$7,000|
|Soil Thermal Desorption Unit . . . . . . . . . . . .||$5,000|
|Electric Generation Project: (combined heat input capacity)|
|10 - 100 million Btu/hr (2.9 - 29 MW) . . . . . . . . . . . .||$5,000|
|101 - 250 million Btu/hr (29 - 73 MW) . . . . . . . . . . . .||$10,000|
|> 250 million Btu/hr (> 73 MW) . . . . . . . . . . . .||((
|Composting Facility . . . . . . . . . . . .||((
|Commercial Solid Waste Handling Facility . . . . . . . . . . . .||((
|Landfill Gas System . . . . . . . . . . . .||$2,500|
|Refuse Burning Equipment: (rated charging capacity)|
|≤ 12 tons per day . . . . . . . . . . . .||$5,000|
|> 12 tons and ≤ 250 tons per day . . . . . . . . . . . .||$20,000|
|> 250 tons per day . . . . . . . . . . . .||$50,000|
|Other (not listed above) for each Piece of Equipment and Control Equipment . . . . . . . . . . . .||
|Additional Charges (for each application):|
|SEPA Threshold Determination . . . . . . . . . . . .||$500|
|(DNS, under Regulation I, Section 2.04)|
|SEPA Threshold Determination . . . . . . . . . . . .||$1,500|
|(MDNS, under Regulation I, Section 2.07)|
|Public Notice . . . . . . . . . . . .||$500|
|(under Regulation I, Section 6.06)||(+publication costs)|
|NSPS or NESHAP . . . . . . . . . . . .||$1,000|
|(per subpart of 40 CFR Parts 60, 61, and 63)|
|Refined Dispersion Modeling Analysis . . . . . . . . . . . .||$500|
|(under Regulation III, Section 2.07 (c)(2))|
|Major Source, Major Modification, or Emission Increases Greater than Prevention of Significant Deterioration (PSD) Thresholds . . . . . . . . . . . .||
|(under WAC 173-400-112 or WAC 173-400-113)||(+ Ecology fees)|
|Inapplicability Determination for PSD Program Requiring Written Coordination with Ecology . . . . . . . . . . . .||
|Approval Actions Pursuant to PSD Regulations Allowable through Notice of Construction Review and Approval . . . . . . . . . . . .||
|Construction or Reconstruction of a Major Source of Hazardous Air Pollutants (see Regulation I, Section 1.07) . . . . . . . . . . . .||
|Tier II Air Toxics Review . . . . . . . . . . . .||$5,000|
|(under WAC 173-460-090)||(+ Ecology fees)|
|Opacity/Grain Loading Correlation . . . . . . . . . . . .||$5,000|
(c) The Control Officer is authorized to enter into a
written cost-reimbursement agreement with an applicant ((
review of complex projects, which require an environmental
impact statement,)) as provided in RCW 70.94.085.
(d) Additional Fee for Service - Second Incomplete Application
Upon receipt of a second incomplete Notice of Construction application from the same applicant for the same project, the Control Officer may cease review of the application and provide written notification of that determination. The Control Officer may resume review of the application only if, within 30 days of the date of the notification describing the Agency's receipt of the second incomplete Notice of Construction application, the applicant has deposited $1,000 with the Agency, and executed a fee-for-service agreement with the Agency that allows the Agency to recover the reasonable direct and indirect costs that arise from processing the Notice of Construction application, including the requirements of other relevant laws such as the Washington State Environmental Policy Act (SEPA).
The agreement shall require that the applicant assume full responsibility for paying the Agency for the costs incurred under the fee-for-service agreement. The Agency shall credit the $1,000 deposit made by the applicant towards the costs required by a fee-for-service agreement. The fee-for-service agreement may require the applicant to make progress payments during the application review period. The $1,000 deposit referred to in this section and the costs provided for in a fee-for-service agreement are in addition to the fees required in Section 6.04(a).
If the applicant has not made a $1,000 deposit and executed such a fee-for-service agreement within 30 days of the date of the notification from the Agency describing its receipt of a second incomplete application, the Agency may issue an Intent to Disapprove an Application.
The $1,000 deposit required under this section is not refundable. In addition, any payments made to the Agency under a fee-for-service agreement are not refundable.
(e) Additional Fee - Revised Application
The Control Officer may assess an additional fee for processing a Notice of Construction application when a subsequent revised application is submitted after the original application was determined to be complete and prior to the Agency issuing an Order of Approval or Intent to Disapprove an Application regarding the original application. The revision fee shall be the amount of the fee that was charged for the original Notice of Construction application, including the filing fee. The resulting total fee is the fee for the original Notice of Construction application plus the revision fee.