WSR 07-09-064

PERMANENT RULES

OLYMPIC REGION

CLEAN AIR AGENCY

[ Filed April 16, 2007, 2:31 p.m. , effective May 17, 2007 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: This change will enable the agency to collect additional revenue for the registration and notice of construction programs. The additional revenue is needed to more fully fund these programs.

Citation of Existing Rules Affected by this Order: Amending Olympic Region Clean Air Agency Regulations, Rules 3.1 and 3.3.

Statutory Authority for Adoption: Chapter 70.94 RCW.

Adopted under notice filed as WSR 07-05-071 on February 20, 2007.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: April 11, 2007.

Richard A. Stedman

Executive Director

REGULATION 3 - FEES

AMENDED SECTION

RULE 3.1 ANNUAL REGISTRATION FEES


(a) The Agency shall charge Initial and Annual registration fees pursuant to RCW 70.94.151. Annual registration fees shall be assessed according to the annual fee schedules set forth in Rule 3.1(b) below. Initial registration fees shall be assessed upon initial registration of a source subject to registration and shall equal the annual registration fee based on projected emissions and prorated for the remaining months in the fiscal year. Initial and Annual registration fees shall provide revenue to fund the Agency's ongoing Registration Program.

(b) All sources requiring registration shall be assessed an annual registration fee consisting of the sum of a "source fee," "generating equipment fee," "stack fee," "class fee," "emissions fee," and "source specific monitoring fee" according to items (1) through (8) of this rule and amounts as specified in Table 3.1a. Sources assessed annual operating permit fees under ((Regulation 5)) Rule 3.2 shall not be assessed annual fees under this rule.

(1) Source fee - All sources requiring registration shall pay an annual "source fee" of an amount as indicated in Table 3.1a; and

(2) A Generating Equipment Fee of an amount as indicated in Table 3.1a for each fee eligible generating equipment located at the source; and

(3) A Stack Fee of an amount as indicated in Table 3.1a for each fee eligible stack located at the source; and

(4) An Emissions Fee of an amount as indicated in Table 3.1a per ton of each air contaminant listed in Table 3.1b emitted by the source for air contaminants emitted in excess of ((10)) 5 tons, evaluated on a pollutant by pollutant basis, during the previous calendar year, or as contained in the file or permit; and

(5) A Class Fee of an amount as specified in Table 3.1a; and

(6) A Source Specific Monitoring Fee of an amount as specified in Table 3.1a if ambient monitoring is a requirement for the source;

(7) The Agency shall assess the emissions fee based on actual emissions from the source for the last calendar year when available;

(8) The annual registration fees required by this rule shall be based on process rates, equipment specifications, and emissions data from the previous calendar year on file with the Agency. For purposes of assessing annual registration fees, the Agency shall consider updates and revisions to any source's file, received prior to ((August)) July 1 of the current year. If process rates, equipment specifications, and emissions data from the previous calendar year is not on file with the Agency, the Agency may base the annual fee on the enforceable emissions limitations for the source and maximum capacities and production rates.

(9) For purposes of assessing annual registration fees, definitions for "fee eligible generating equipment" and "fee eligible stack" shall be consistent with the definitions in Rule 1.4, and fee eligible generating equipment and fee eligible stacks which are identical in size, capacity, function, and emissions may be counted as one unit as approved by the Agency.

(c) The Agency shall assess annual registration fees after August 1 of each year to cover the cost of administering the program for the current fiscal year commencing July 1 and ending June 30. The agency shall assess annual registration fees based on the most recent information on file with the Agency including any updates to the source's file received prior to ((August)) July 1 of that year.

(d) Upon assessment by the Agency, annual registration fees are due and payable and shall be deemed delinquent if not fully paid within thirty (30) days. However, sources classified as RC1 or RC2 shall be given the option to pay their annual fee in quarterly installments. RC1 and RC2 sources may choose to pay their annual fees in quarterly installments by indicating so on the first invoice received and remitting payment of the first installment to the Agency along with the duplicate copy of the invoice. Quarterly installments shall be equal to 25% of the total annual registration fee and shall be due within 30 days of each quarter following initial assessment by the Agency.

(e) Any source which fails to pay, in full, ((does not pay)) their annual registration fee or annual registration installment ((within thirty (30) days of)) by the due date, as stated on the invoice, shall be assessed a late penalty in the amount of 25% of their annual registration fee. This late penalty shall be in addition to the annual registration fee.

(f) Annual registration fees may be appealed according to the procedure specified in Rule 1.8.

(g) Failure to pay annual registration fees is a violation of these Regulations and will result in the issuance of a Notice of Violation and prescribed penalties.

Table 3.1a: Annual Registration Fees

ANNUAL FEE COMPONENT FEE COMPONENT DESCRIPTION FEE

AMOUNT

Facility Fee Fee assessed to all sources requiring registration ((or an operating permit)). (($107.00))

$135.00

Generating Equip. Fee Fee assessed per each fee eligible generating equipment located at the source.

$45.00

Stack Fee Fee assessed per each fee eligible stack located at the source. (($27.00))

$30.00

Emissions Fee Fee assessed per ton of particulate matter, SO2, NOx, VOC, and toxic air contaminants emissions which exceeded ((10)) 5 tons per year for the previous calendar year based on actual emissions. (($11.00))

$20.00

Class Fees:

RC1

Major sources (>100 tpy)

(($1345))

$1600.00

RC2 Major toxic sources (($1138))

$1600.00

RC3 Criteria pollutants > 30 tpy (($580))

$800.00

RC4 Criteria pollutants > 10 tpy (($124))

$250.00

RC5 Criteria pollutant < 10 tpy (($31))

$50.00

RC6 Toxic air contaminants < 10 tpy (($124))

$200.00

RC7 < 100 gal/mo VOC containing materials (($62))

$50.00

RC8 Incinerators < 30 tpy emissions (($217))

$210.00

RC9 Potential odor sources. (($62))

$400.00

RC10 Maj. gasoline terminals & bulk plants (($155))

$500.00

RC11 Min. gasoline terminals & bulk plants (($104))

$200.00

RC12 Gas stations requiring Stage II (($11))

$20.00

RC13 Gas stations ((> 100 thousand gal/yr)) $0
RC14 VACANT CLASSIFICATION
RC15 Other sources requiring registration (($104))

$100.00

Source Specific Ambient Air Monitoring Fees Fees charged a source for ORCAA to establish and operate a special purpose source specific monitoring station would be determined on a case-by-case basis when such monitoring is required.

Variable

Table 3.1b: Pollutants Considered For Fees

Total Particulates (TSP)
Sulfur Oxides (SOx)
Nitrogen Oxides (NOx)
Volatile Organic Compounds (VOC)
Toxic Air Pollutants

(h) On an annual basis, the Agency shall conduct a workload analysis to determine the adequacy of annual registration fees in funding the Agency's Registration Program. The workload analysis shall be based on the Agency's historical record of time and resource expenditures associated with the registration program. The workload analysis shall be made available if a request is made to the Agency. Any proposed revisions to the annual registration fee schedule shall be presented to the Board for adoption after public noticing pursuant to these Regulations public noticing requirements and opportunity for a public hearing.

Reviser's note: The typographical error in the above material occurred in the copy filed by the Olympic Region Clean Air Agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

AMENDED SECTION

Rule 3.3 Notice of Construction Fees


(a) ((The fee)) Fees for processing a Notice of Construction (NOC) application shall include ((a)) Filing Fees according to Rule 3.3(b)((, Plan Examination and Inspection)) and any applicable Additional NOC Processing Fees according to Rule 3.3(c)((, and any applicable Additional NOC Processing Fees according to Rule 3.3(d))). Other cost to the agency of work performed outside of the agency in conjunction with approving a NOC application shall be directly reimbursed to the agency according to Rule 3.3(d).

(b) Filing Fees. ((The Agency shall not commence processing a NOC application until it has received a filing fee of $100.00.)) A Filing Fee according to Table 3.3a shall be paid for each proposed piece of equipment or process, or for groups of identical equipment or processes that, if considered individually would be subject to a NOC. Filing Fees shall be assessed and paid as follows:

(1) A NOC application may not be deemed complete unless Filing Fees have been paid in full.

(2) Equipment or processes may be considered identical and subject to a single filing fee provided:

(i) They are identical in size and capacity;

(ii) Employ identical air pollution control technology;

(iii) Use the same fuel types;

(iv) Are subject to the same performance standards and air regulatory determinations; and,

(v) May be considered as a single emissions point for the purpose of determining ambient air quality impacts.

(3) Payment of NOC Filing Fees shall be due no later than thirty (30) days from the date of the invoice unless an alternative payment plan has been approved by the executive director.

(c) ((Plan Examination and Inspection Fees. A Plan Examination and Inspection Fee shall be paid for each piece of equipment or process proposed, which emits air pollutants and requires filing a NOC, and for certain fee eligible reviews and determinations as identified in Table 3.3a. The applicant may choose to determine applicable Plan Examination and Inspection Fees based on Rule 3.3 and include payment along with the NOC application, or may elect to have the Agency determine applicable Plan Examination and Inspection Fees during the NOC completeness review, in which case the applicant would be billed. In either case, the NOC application is incomplete until the Agency has received payment of applicable Plan Examination and Inspection Fees. Plan Examination and Inspection Fees shall be determined as follows:

(1) One Plan Examination and Inspection Fee shall be paid for each regulatory determination or review item identified in Table 3.3a which applies to the NOC;

(2) One Plan Examination and Inspection Fee shall be paid for each piece of equipment of process which emits air pollutants and requires filing a NOC except for equipment or processes which can be considered as identical equipment or processes;

(3) Equipment or processes may be considered identical provided that they have the same physical specifications and only one examination and/or inspection is required by the Agency;

(4) Identical equipment or processes may be accounted for collectively as a single piece of equipment or process subject to a single Plan Examination and Inspection Fee;

(5) The Plan Examination and Inspection Fee for a piece of equipment shall be based on the fee amount in Table 3.3a which most closely matches the equipment or process type; and,

(6) Any fee based on actual cost to the Agency shall be determined according to Rule 3.3(e).))

(c) Additional NOC Processing Fees. ((An)) Additional NOC Processing Fees shall be paid ((by the applicant for any work identified in Table 3.3b, which has been completed by the Agency for purposes of finalizing review and approval of a NOC.)) at a rate of $80 per hour of direct time expended by agency technical staff in completing any of the fee-eligible items or actions described in Table 3.3b. If required, Additional NOC Processing Fees shall be determined and paid as follows: ((The Agency shall not issue the Final Determination or Order of Approval for any NOC until applicable additional NOC Processing Fees have been paid. The Agency shall determine which additional NOC Processing Fees apply and shall bill an applicant after issuing a Preliminary Determination, but prior to issuing a Final Determination or Approval Order. Additional NOC Processing Fees shall be determined based on the Fee schedule contained in Table 3.3b. Any fee based on actual cost to the Agency shall be determined according to Rule 3.3(e).

Fee amounts in Table 3.3a and Table 3.3b which are based on the Agency's actual cost to complete a review or task shall be determined using the actual direct hours expended completing the specific review or task and the corresponding direct hourly salary rate of each Agency staff person directly involved. The following provisions shall apply:))

(1) ((Actual hours used in determining the amount of a fee shall be recorded on a daily basis by each Agency staff person directly involved in completing the specific task;)) Additional NOC Fees may be assessed periodically as work to complete the fee-eligible items in Table 3.3b incurs, but not more frequently than monthly.

(2) ((Time accrued for purposes of determining the amount of a fee for this rule shall be accounted for to the nearest 15 minutes;)) All Additional NOC Processing Fees shall be assessed and paid prior to issuing any Final Determination on a NOC application unless an alternative payment plan has been approved by the executive director.

(3) ((Current employee salary rates shall be used when calculating actual cost-based fees; and,)) Payment of any Additional NOC Processing Fee shall be due no later than thirty (30) days from the date of the invoice unless an alternative payment plan has been approved by the executive director.

(4) ((The bill issued for any fee based on the Agency's actual cost shall indicate the total hours expended and the hourly cost rates, which were used to determine the fee.)) The director may approve an alternative payment plan provided that the plan is submitted in writing by the applicant.

(5) In computing fees based on hourly rates, only hours of technical staff (Engineer and Air Quality Specialist classifications) attributed directly to completing fee-eligible tasks listed in Table 3.3b shall be used in computing fees.

(6) The total hours used in computing fees shall be based on the agency's official time accounting records.

(7) Invoices shall disclose the number of hours by employee classification that is the basis for any Additional NOC Processing Fee.

(d) Other Costs. The following other costs shall be borne by the applicant:

(1) The cost of publishing any required notice.

(2) Consulting cost incurred by the agency in conjunction with approving a NOC application.

(e) Late Payment Penalties. ((Payment of all NOC processing fees assessed by the Agency shall be due no later than thirty (30) days from receiving written notification of the fee assessment.)) Failure to pay, in full, any assessed NOC fee ((within thirty (30) days from the)) by the due date as stated on the invoice, ((payment is due)) shall incur a late payment penalty in the amount of 25% of the total amount due.

New Table

Table 3.3a Filing Fees

Fuel Burning Equipment
Design heat input rate in MMBtu/hr (maximum) Filing Fee Base-Fee Hours
Less than 10 $520 7
10 or more but less than 20 $700 9
20 or more but less than 50 $940 12
50 or more but less than 100 $1,900 24
100 or more $3,100 39
Fuel change or new fuel
Design heat input rate in MMBtu/hr (maximum) Filing Fee Base-Fee Hours
Less than 10 $310 4
10 or more but less than 20 $400 5
20 or more but less than 50 $520 7
50 or more but less than 100 $1,000 13
100 or more $1,600 20
Process and Control Equipment
Cubic feet per minute at design capacity Filing Fee Base-Fee Hours
Less than 10,000 $460 6
10,000 or more but less than 20,000 $580 7
20,000 or more but less than 50,000 $760 10
50,000 or more but less than 100,000 $1,120 14
100,000 or more but less than 250,000 $2,140 27
250,000 or more $3,100 39
Incinerators
Pounds per day at maximum design capacity Filing Fee Base-Fee Hours
Less than 100 $460 6
100 or more but less than 500 $760 10
500 or more but less than 1,000 $2,080 26
Refuse Combustion
Combustion rate in tons per day at design capacity Filing Fee Base-Fee Hours
Less than 12 $3,100 39
12 or more $8,500 106
Storage Tanks, Reservoirs and Containers

(Other than at retail gasoline dispensing facilities)

Gallons total capacity Filing Fee Base-Fee Hours
6,000 or more but less than 40,000 $520 7
40,000 or more but less than 100,000 $1,060 13
100,000 or more but less than 500,000 $1,600 20
500,000 or more $1,780 22
Miscellaneous Air Pollution Sources
Filing fee based on # of units Filing Fee Base-Fee Hours
Spray Painting Operation (per booth) $460 6
Dry Cleaner (per machine) $340 4
New Gasoline Station $460 6
Gasoline Station Upgrade or Modification $200 3
Asphalt Plant (initial) 1300 16
Soil Thermal Desorbtion Unit (initial) $3,100 39
Odor Source $700.00 9
Soil and Groundwater remediation $700 9
Autobody $460 6
Control Device Replacement or Substantial Alteration $200 3
Composter $200 3
Rock Crusher (initial ) $200 3
Other $340 4

New Table

Table 3.3b: Additional NOC Processing Fees

Fee-Eligible Item Description
NOC Application Assistance Direct technical assistance completing a NOC application, including, but not limited to calculating emissions, filling out standard forms, determining applicable requirements, completing a BACT analysis, performing an air toxics screening analysis pursuant to chapter 173-460 WAC, or selecting monitoring equipment. An NOC Application Assistance fee may only be assessed if the fee rate is disclosed to the applicant and applicant requests such assistance in writing.
Work Exceeding Base-Fee Hours Direct work attributed to processing a NOC application in excess of the sum of applicable base-fee hours stated in Table 3.3a for each piece of equipment or process subject to a NOC.
State Environmental Policy Act (SEPA) SEPA-related work such as reviewing Environmental Checklists, making threshold determinations, preparing Determinations of Nonsignificance (DNS) and other SEPA-related reports.
Public Noticing Work directly associated with issuing public notice pursuant to WAC 173-400-171 and Rule 6.1(e) of ORCAA's Regulations. Associated work includes issuing a press release if warranted, copying and posting the written Preliminary Determination for public viewing, and reviewing and responding to comments.
Public Hearing Work associated with conducting a public hearing including, but not limited to, preparation of summary materials, copying, issuing hearing notice, conducting the hearing, and responding to comments

((Table 3.3a: Plan Examination and Inspection Fees

((Description Fee
Fuel Burning Equipment (new installation) Fee based on Million Btu/hr heat input at design capacity
Less than 10 $350.00
10 or more but less than 20 $500.00
20 or more but less than 50 $700.00
50 or more but less than 100 $1,500.00
100 or more $2,500.00
Fuel change or new fuel 1/2 x new installation fee
Emissions from control equipment or from uncontrolled process equipment Fee based on Actual cubic feet per minute at design capacity
Less than 10,000 $300.00
10,000 or more but less than 20,000 $400.00
20,000 or more but less than 50,000 $550.00
50,000 or more but less than 100,000 $850.00
100,000 or more but less than 250,000 $1,700.00
250,000 or more $2,500.00
Incineration Fee based on rate in pounds per hour at design capacity
Less than 100 $300.00
100 or more but less than 500 $550.00
500 or more but less than 1,000 $1,650.00
Refuse Combustion Fee based on combustion rate in tons per day at design
Less than 12 $2,500.00
12 or more Actual Cost
Storage tanks, reservoirs, or containers other than retail gasoline or diesel fuel dispensing facilities Fees based on gallons total capacity
6,000 or more but less than 40,000 $350.00
40,000 or more but less than 100,000 $800.00
100,000 or more but less than 500,000 $1,250.00
500,000 or more $1,400.00
Spray Painting Operation (per booth) $300.00
Dry Cleaner (per machine) $200.00
New Gasoline Station $300.00
Gasoline Station Upgrade or Modification $200.00
Asphalt Plant (initial) $1,000.00
Soil Thermal Desorbtion Unit (initial) $2,500.00
Odor Source $500.00
Soil and Groundwater remediation $500.00
Air Toxics Screening Review (chapter 173-460 WAC) (provided by source)

$200.00

NOC Application Assistance (emission calculations, air toxics screening, etc)

$300.00

SEPA Threshold Determination $300.00
Approval Order Modification $100.00
Other (whichever is greater) $200.00 or Actual Cost

Table 3.3b: Fee Eligible Items

Fee Eligible Item Description Fee
Additional NOC Processing Fees for Major Sources Additional NOC processing fees shall equal the actual cost of processing the NOC for a Major Source less the NOC fees already paid Actual Costs
Environmental Impact Statements Preparing an Environmental Impact Statement (EIS) in order to comply with the State Environmental Policy Act (SEPA) Actual Costs
NOC Assistance Assistance in completing a NOC application including, but not limited to, assistance in calculating emissions, filling out standard forms, determining applicable requirements, completing a BACT analysis, performing an air toxics screening analysis pursuant to chapter 173-460 WAC, and selecting monitoring equipment Actual Costs
Emission Reduction Credits Review and approval of emission reduction credits pursuant to WAC 173-400-131 Actual Costs
Voluntary Emissions Limits (Synthetic Minors) Review and approval of voluntary limits on emissions requests pursuant to Rule 6.1.12 of ORCAA's Regulations Actual Costs
Alternative Opacity Limits Review and approval of alternative opacity limit requests pursuant to RCW 70.94.331 (2)(c) Actual Costs
Public Noticing Work associated with issuing public notice pursuant to WAC 173-400-171 and Rule 6.1(e) of ORCAA's Regulations. Associated work includes issuing a press release if warranted, copying and posting the written Preliminary Determination for public viewing, and reviewing and responding to comments. $350.00
Publishing Cost of publishing any legal public notices required pursuant to WAC 173-400-171 Actual Cost of publishing
Public Hearing Work associated with conducting a public hearing including, but not limited to, preparation of summary materials, copying, issuing hearing notice, conducting the hearing, and responding to comments $400.00))
))

Reviser's note: The typographical errors in the above material occurred in the copy filed by the Olympic Region Clean Air Agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

Washington State Code Reviser's Office