PERMANENT RULES
Effective Date of Rule: Thirty-one days after filing.
Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: RCW 41.135.055 requires a majority vote of the legislature to raise or add fees. On February 18, 2011, the legislature authorized ecology to increase fees in ESB [ESHB] 1086.
Purpose: Ecology is adopting amendments to chapter 173-455 WAC, Air quality fee regulation. These amendments revise air quality permitting fees to cover the cost of processing preconstruction permits and other actions under the federal and state new source review program. The amendments also provide incentives to streamline permitting. Additionally, housekeeping revisions to the solid fuel retail sales fee change the title reseller "certificate" to reseller "permit" based on a change made by the department of revenue. Other changes provide consistency with recent amendments to chapter 173-400 WAC. This action is revenue neutral because a general fund reduction in our budget offsets the anticipated increase from fees.
Citation of Existing Rules Affected by this Order: Amending chapter 173-455 WAC.
Statutory Authority for Adoption: RCW 70.94.152.
Other Authority: Section 301(28), chapter 5, Laws of 2011, partial veto (ESHB 1086).
Adopted under notice filed as WSR 11-06-057 on March 1, 2011.
Changes Other than Editing from Proposed to Adopted Version: We made a number of changes to ensure clarity and consistency in the rule. "Minimal" engineering evaluation or review was changed to "one hour or less" of engineering evaluation or review. "Make a final determination" was changed to "issue a final decision." The nonroad engine permit fee language was aligned with rule language in WAC 173-400-035.
RCW 34.05.325 (6)(b)(ii) requires ecology to describe the differences between the text of the proposed rule as published in the Washington State Register and the text of the rule as adopted, other than editing changes, stating the reasons for the differences.
There are some differences between the proposed rule filed on March 1, 2011, and the adopted rule filed on May 31, 2011.
Ecology made these changes for all or some of the following reasons:
• In response to comments we received.
• To ensure clarity and consistency.
• To meet the intent of the authorizing statute.
The following content shows the changes and describes
ecology's reasons for making them. Changes to the proposed
rule language are underlined and struck out. WAC 173-455-140
and the following subsections of WAC 173-455-120 contain
changes: (1)(d) and (f); (2)(a) and (b); (3)(b) and (c); (7);
(9); (10)(a) and (b); (11)(a) and (b); (13)(a) and (b);
(15)(a); and (16)(a).
WAC 173-455-120(1).
(d) An applicant must submit initial fees with an
application, notice or request. An application, notice or
request is incomplete until any permit application initial
fees have has been paid.
(f) Ecology cannot finalize an action covered approve an
order of approval or make a final determination under this
chapter section until all fees are paid.
WAC 173-455-120(2) Review of new source or modification of an existing source with an emissions increase.
(b) Complex project ...
(iii) Ecology may determine that a project is complex based on consideration of a number of factors, that include, but are not limited to:
(A) Number and complexity of emission units;
(B) Volume of emissions, including toxicity of emissions;
(C) Amount and complexity of modeling; or
(D) Number and kind of applicable state and federal requirements.
WAC 173-455-120 (3)(c) All other Complex changes: Eight
hundred seventy-five dollars plus an hourly rate of
ninety-five dollars after ten hours.
(i) This fee covers up to ten hours of staff time to
review the request and make a final determination decision.
Ecology will bill the applicant ninety-five dollars per hour
for each additional hour spent on the request above ten hours.
(ii) This fee excludes an administrative or simple change and changes to an existing permit that result in an emissions increase.
(iii) Examples of all other complex changes include, but
are not limited to:
(A) Changes requiring more than minimal one hour of
engineering review;
(B) Consolidation of permits not allowed under simple change;
(C) Request for review of a permit action that is exempt under WAC 173-400-110(5) (Table 110(5) emission-based exemption levels); or
(D) Changes requiring mandatory public comment under WAC 173-400-171.
Reason for Changes: We clarified the intent of the language.
WAC 173-455-120(3), change to an existing order of approval.
(a) Ecology will not charge a fee for correcting a mistake by ecology in a permit.
(b) Administrative or Ssimple change: Two hundred
dollars plus an hourly rate of ninety-five dollars after three
hours.
WAC 173-455-120 (3)(c)(ii), this fee excludes an administrative or simple change and changes to an existing permit that result in an emissions increase.
WAC 173-455-120 (3)(b)(ii), Administrative or simple change means:
(A) An action not subject to a mandatory public comment period in WAC 173-400-171; and
(B) The reissued approval order requires minimal one hour
or less of engineering evaluation and no physical modification
of equipment; and
(C) Changes in permit conditions are based on actual
operating conditions and the operating conditions require
minimal one hour or less of engineering evaluation and the
change does not cause a change in allowable emissions.
Reason for Changes: We clarified the intent of the language. Users of our rule may be more familiar with the term administrative rather than simple. Changing "minimal" engineering review to "one hour or less" was in response to a specific comment.
"Make a final determination" phrase was changed in the following locations in WAC 173-455-120.
WAC 173-455-120(1), general requirements.
(f) Ecology cannot approve an order of approval or make a
final determination finalize an action covered under this
chapter section until all fees are paid.
WAC 173-455-120(2), review of new source or modification of an existing source with an emissions increase.
(a) Basic project: This fee covers up to sixteen hours
of staff time to review the application and make issue a final
determination decision. Ecology will bill the applicant
ninety-five dollars per hour for each additional hour spent on
the application above sixteen hours.
(b) Complex project: Ten thousand dollars plus an hourly rate of ninety-five dollars after one hundred six hours.
(i) This fee covers up to one hundred six hours of staff
time to review the application and make issue a final
determination decision. Ecology will bill the applicant
ninety-five dollars per hour for each additional hour spent on
the application above one hundred six hours.
WAC 173-455-120(3), change to an existing order of approval.
(b)(i) This fee covers up to three hours of staff time to
review the request and make issue a final determination
decision. Ecology will bill the applicant ninety-five dollars
per hour for each additional hour spent on the request above
three hours.
(c)(i) This fee covers up to ten hours of staff time to
review the request and make issue a final determination
decision. Ecology will bill the applicant ninety-five dollars
per hour for each additional hour spent on the request above
ten hours.
WAC 173-455-120(7), request to establish a voluntary emissions limit. Five hundred dollars plus an hourly rate of ninety-five dollars after six hours.
(a) This fee covers up to six hours of staff time to
review the request and make issue a final determination
decision. Ecology will bill the applicant ninety-five dollars
per hour for each additional hour spent on the request above
six hours.
WAC 173-455-120(9), request for a written prevention of
significant deterioration applicability determination: Five
hundred dollars plus an hourly rate of ninety-five dollars
after six hours. This fee covers up to six hours of staff
time to review the request and make issue a final
determination decision. Ecology will bill the applicant
ninety-five dollars per hour for each additional hour spent on
the request above six hours.
WAC 173-455-120(10), prevention of significant deterioration (PSD).
(a) PSD permit application: Fifteen thousand dollars
plus an hourly rate of ninety-five dollars after one hundred
fifty-eight hours. This fee covers one hundred fifty-eight
hours of staff time to review the application and make issue a
final determination decision. Ecology will bill the applicant
ninety-five dollars per hour for each additional hour spent on
the application above one hundred fifty-eight hours.
(b) PSD permit application where greenhouse gases are the
sole PSD pollutant being reviewed: Seven thousand five
hundred dollars plus an hourly rate of ninety-five dollars
after seventy-nine hours. This fee covers seventy-nine hours
of staff time to review the application and make issue a final
determination decision. Ecology will bill the applicant
ninety-five dollars per hour for each additional hour spent on
the application above seventy-nine hours.
WAC 173-455-120(11), revision to a prevention of significant deterioration permit.
(a) Administrative revision as defined in WAC 173-400-750(3): One thousand nine hundred dollars plus an
hourly rate of ninety-five dollars after twenty hours. This
fee covers twenty hours of staff time to review the
application and make issue a final determination decision.
Ecology will bill the applicant ninety-five dollars per hour
for each additional hour spent on the application above twenty
hours.
(b) All other revisions (except major modification):
Seven thousand five hundred dollars plus an hourly rate of
ninety-five dollars after seventy-nine hours. This fee covers
seventy-nine hours of staff time to review the application and
make issue a final determination decision. Ecology will bill
the applicant ninety-five dollars per hour for each additional
hour spent on the application above seventy-nine hours.
WAC 173-455-120(13), nonattainment area major new source review.
(a) A notice of construction application subject to major
source nonattainment area permitting requirements in WAC 173-400-830: Fifteen thousand dollars plus an hourly rate of
ninety-five dollars after one hundred fifty-eight hours. This
fee covers one hundred fifty-eight hours of staff time to
review the application and make issue a final determination
decision. Ecology will bill the applicant ninety-five dollars
per hour for each additional hour spent on the application
above one hundred fifty-eight hours.
(b) Change to an approval order issued under WAC 173-400-830 major source nonattainment area major permitting
requirements (WAC 173-400-111 (3)(c) and 173-400-830):
(i) Request to change permit conditions under WAC 173-400-111(8) that is not subject to mandatory public comment
in WAC 173-400-171: One thousand nine hundred dollars plus an
hourly rate of ninety-five dollars after twenty hours. This
fee covers twenty hours of staff time to review the
application and make issue a final determination decision.
Ecology will bill the applicant ninety-five dollars per hour
for each additional hour spent on the application above twenty
hours.
(ii) All other permit changes (except major
modification): Seven thousand five hundred dollars plus an
hourly rate of ninety-five dollars after seventy-nine hours.
This fee covers seventy-nine hours of staff time to review the
application and make issue a final determination decision.
Ecology will bill the applicant ninety-five dollars per hour
for each additional hour spent on the application above
seventy-nine hours.
Reason for Changes: The changes clarify the intent of the language. Changing to "issue a final decision" was in response to a specific comment.
WAC 173-455-120(15), second tier review.
(15)(a) This fee covers up to one hundred six hours of
staff time to evaluate the health impact assessment protocol
and second tier petition, and make a final recommendation.
Ecology will bill the applicant ninety-five dollars per hour
for each additional hour spent on the second tier petition
above one hundred six hours.
WAC 173-455-120(16), third tier review.
(16)(a) This fee covers up to one hundred six hours of
staff time to evaluate the health impact assessment protocol
and second tier petition, and make a final recommendation.
Ecology will bill the applicant ninety-five dollars per hour
for each additional hour spent on the second tier petition
above one hundred six hours.
Reason for Changes: This change ensures clarity and consistency with the language in WAC 173-460-090(10).
WAC 173-455-140 ((Portable and temporary source)) Nonroad
engine permit fee. The department shall charge a fee of
((sixty-five)) ninety-five dollars per hour to process a and
notification of intent to operate write (( under WAC 173-400-035.a portable or
temporary source permit)) an approval to operate for a nonroad
engine
Reason for Changes: This change ensures clarity and consistency with the language in WAC 173-400-035.
A final cost-benefit analysis is available by contacting Elena Guilfoil, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, phone (360) 407-6855, fax (360) 407-7534, e-mail Elena.Guilfoil@ecy.wa.gov.
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 3, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, 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: May 31, 2011.
Ted Sturdevant
Director
OTS-3765.6
AMENDATORY SECTION(Amending Order 06-14, filed 5/3/07,
effective 6/3/07)
WAC 173-455-060
Solid fuel retail sales fee.
(1) A
person selling a solid fuel burning device at retail shall
collect a fee from the buyer, pursuant to RCW 70.94.483.
(2) The fee shall be:
(a) Set at a minimum of thirty dollars on January 1, 1992. Thereafter, ecology may annually adjust the fee to account for inflation as determined by the office of the state economic and revenue forecast council. Adjustments in the fee should be rounded down to the nearest dollar.
(b) Applicable to all new and used solid fuel burning devices.
(c) Procedures for masonry fireplaces. Generally, contractors will collect, pay, and report the fee to the department of revenue on the combined excise tax return for the tax reporting period during which the retail sales tax is billed to the customer for the construction of the masonry fireplace. (See WAC 458-20-170 for a detailed explanation.) Collection and payment of the fee by contractors shall be in accordance with the following:
(i) A masonry contractor or other subcontractor who
builds a masonry fireplace. The retail sale occurs at the
time the general or prime contractor or customer is billed for
the work. The masonry contractor or other subcontractor must
collect the fee and pay it to the department of revenue,
unless the masonry contractor or other subcontractor has
received a ((resale certificate)) reseller permit from the
general or prime contractor. The fee shall be reported on the
combined excise tax return.
(ii) A general or prime contractor building a custom
building. The retail sale occurs at the time the customer is
billed for the construction. The fee is charged and reported
with the first progress payment after the masonry fireplace
has been substantially completed. If a general or prime
contractor subcontracts the work on a custom building to a
masonry or other contractor, the general or prime contractor
may give the masonry or other subcontractor a ((resale
certificate)) reseller permit. The general or prime
contractor is responsible to collect the fee and pay it to the
department of revenue. The fee is reported on the combined
excise tax return.
(iii) A general or prime contractor building a
speculation building. The fee is required to be paid at the
time the fireplace is complete. The fee must be reported to
the department of revenue on a combined excise tax return and
paid to the department of revenue. If the prime or general
contractor subcontracts the building of the masonry fireplace
to a masonry contractor or other subcontractor, the general or
prime contractor may not give a ((resale certificate))
reseller permit to the masonry or other subcontractor. The
masonry or other subcontractor must collect and pay the fee to
the department of revenue as provided in (c)(i) of this
subsection.
(d) Procedures for all other solid fuel burning devices. Collected by the retailer at the time of sale and remitted to the department of revenue in conjunction with the retail sales tax under chapter 82.08 RCW.
(3) If the retailer or contractor fails to collect and remit the fee to the department of revenue as prescribed in chapter 82.08 RCW, the retailer or contractor shall be personally liable to the state for the amount of the fee, with subsequent actions taken in accordance with the collection provisions of chapter 82.32 RCW.
(4) Beginning July 1, 1990, and each calendar quarter thereafter, the funds collected under RCW 70.94.483 shall be used solely for the purposes of public education and enforcement of the solid fuel burning device program. The department shall distribute the funds from the woodstove education and enforcement account as follows:
(a) Sixty-six percent of the funds shall be distributed to those local air authorities with enforcement programs, based upon the fraction of the total state population residing in the counties within their respective jurisdictions. Population figures used to establish this fraction shall be determined by the office of financial management. Where an activated local air authority does not exist or does not implement an enforcement program, or elects not to receive the funds, ecology shall retain the funds that would otherwise be distributed under this subsection; and
(b) Thirty-four percent of the funds shall be distributed to ecology for the purposes of enforcement and educating the public about:
(i) The effects of solid fuel burning device emissions upon health and air quality; and
(ii) Methods of achieving better efficiency and emission performance from solid fuel burning devices.
[Statutory Authority: RCW 70.94.181, [70.94.]152, [70.94.]331, [70.94.]650, [70.94.]745, [70.94.]892. 07-11-018 (Order 06-14), § 173-455-060, filed 5/3/07, effective 6/3/07.]
(2) Basic review fees. All owners or operators of proposed new sources are required to pay a basic review fee. The basic review fee covers the costs associated with preapplication assistance, completeness determination, BACT determination, technical review, public involvement and approval/denial orders. Complexity determination shall be based on the project described in the notice of construction application. The basic review fees are either (a) or (b) of this subsection:
(a) Basic new source review fees.
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(3) Additional charges. In addition to those fees required under subsection (2)(a) through (c) of this section, the following fees will be required as applicable:
(a) Major NSR actions under WAC 173-400-720 and 173-400-112.
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(a) The fees in this section apply to:
(i) Permit applications received on or after July 1, 2011.
(ii) Requests for ecology review of other actions covered by this section received by ecology on or after July 1, 2011.
(b) Components of permitting fees. Permit fees include initial fees and may include an hourly fee. The initial fee covers up to the number of review hours specified in each fee in this section.
(c) A project may be subject to multiple fees. For example, a project may be subject to both minor and major new source review permit fees and second or third tier review.
(d) An applicant must submit initial fees with an application, notice, or request. An application, notice or request is incomplete until initial fees have been paid.
(i) For purposes of WAC 173-400-111(1), initial fees are considered application fees.
(ii) If ecology determines a project is complex after an applicant submitted the basic project initial fee, then the application is incomplete until the applicant pays the initial complex project fee.
(iii) If ecology determines that a higher initial fee is due after an applicant submitted an application or request, the application or request is considered incomplete until the applicant pays the new initial fee.
(e) If the initial fee paid by an applicant does not cover the cost of processing the application, notice or request, then ecology shall assess a fee based on the actual costs for review in excess of the hours specified in each fee. The assessed fee must be a rate of ninety-five dollars per hour of ecology staff time expended.
(f) Ecology cannot finalize an action covered under this section until all fees are paid. (WAC 173-400-111(3).)
(g) An applicant must pay fees that are due by invoice from ecology within thirty days from the date of the invoice. Ecology will cease processing all applications for which the required fees have not been received within thirty days of an invoice.
(h) At the time of filing, an applicant must pay all delinquent air quality fees associated with the facility. This is in addition to the fees required by this section. Delinquent fees may include, but are not limited to, registration fees, civil penalties awarded to ecology, or other outstanding fees due under this section.
(i) All fees collected under this rule must be made payable to the department of ecology.
(j) Fees assessed under this section apply without regard to whether ecology approves or denies a request.
Permit fees.
Minor new source review.
(2) Review of new source or modification of an existing source with an emissions increase. (WAC 173-400-110 and 173-400-110(3).)
(a) Basic project: One thousand five hundred dollars plus an hourly rate of ninety-five dollars after sixteen hours.
This fee covers up to sixteen hours of staff time to review the application and issue a final decision. Ecology will bill the applicant ninety-five dollars per hour for each additional hour spent on the application above sixteen hours.
(b) Complex project: Ten thousand dollars plus an hourly rate of ninety-five dollars after one hundred six hours.
(i) This fee covers up to one hundred six hours of staff time to review the application and issue a final decision. Ecology will bill the applicant ninety-five dollars per hour for each additional hour spent on the application above one hundred six hours.
(ii) An application is considered complex if the emissions associated with the application include at least one pollutant for which emissions increases are greater than the levels in the following table:
Emission threshold table (WAC 173-400-030).
| Air Contaminant | Annual Emission Rate |
| Carbon monoxide | 100 tons per year |
| Nitrogen oxides | 40 tons per year |
| Sulfur dioxide | 40 tons per year |
|
25 tons per year of PM emissions |
| 15 tons per year of PM10 emissions | |
| 10 tons per year of PM2.5 emissions | |
| Volatile organic compounds | 40 tons per year |
| Fluorides | 3 tons per year |
| Lead | 0.6 tons per year |
| Sulfuric acid mist | 7 tons per year |
| Hydrogen sulfide (H2S) | 10 tons per year |
| Total reduced sulfur (including H2S) | 10 tons per year |
| Reduced sulfur compounds (including H2S) | 10 tons per year |
(A) Number and complexity of emission units;
(B) Volume of emissions, including toxicity of emissions;
(C) Amount and complexity of modeling; or
(D) Number and kind of applicable state and federal requirements.
(3) Change to an existing order of approval. (WAC 173-400-111(8).)
(a) Ecology will not charge a fee for correcting a mistake by ecology in a permit.
(b) Administrative or simple change: Two hundred dollars plus an hourly rate of ninety-five dollars after three hours.
(i) This fee covers up to three hours of staff time to review the request and issue a final decision. Ecology will bill the applicant ninety-five dollars per hour for each additional hour spent on the request above three hours.
(ii) An administrative or simple change means:
(A) An action not subject to a mandatory public comment period in WAC 173-400-171; and
(B) The reissued approval order requires one hour or less of engineering evaluation and no physical modification of equipment; and
(C) Changes in permit conditions are based on actual operating conditions and the operating conditions require one hour or less of engineering evaluation and the change does not cause a change in allowable emissions.
(c) Complex changes: Eight hundred seventy-five dollars plus an hourly rate of ninety-five dollars after ten hours.
(i) This fee covers up to ten hours of staff time to review the request and issue a final decision. Ecology will bill the applicant ninety-five dollars per hour for each additional hour spent on the request above ten hours.
(ii) This fee excludes an administrative or simple change and changes to an existing permit that result in an emissions increase.
(iii) Examples of complex changes include, but are not limited to:
(A) Changes requiring more than one hour of engineering review;
(B) Consolidation of permits not allowed under simple change;
(C) Request for review of a permit action that is exempt under WAC 173-400-110(5) (Table 110(5) emission-based exemption levels); or
(D) Changes requiring mandatory public comment under WAC 173-400-171.
(d) The fee for a permit modification (as defined in WAC 173-400-030) is located in subsection (2)(a) or (b) of this section.
(4) Request to extend approval to construct or modify a stationary source issued under minor new source review that is set to expire (WAC 173-400-111(7)): One hundred dollars.
An applicant may request an eighteen-month extension of an approval to construct.
(5) Review of general order of approval (WAC 173-400-560).
(a) Category A general order.
(i) SEPA review complete: Five hundred dollars.
(ii) SEPA review required: Seven hundred eighty-five dollars.
(iii) Category A consists of the following general order of approval, including any subsequent updating or replacement:
(A) Concrete batch plants (No. 08-AQG-002);
(B) Diesel-powered emergency electrical generators (No. 06-AQG-006);
(C) Rich burn, spark ignition, gaseous fossil fuel-powered emergency electrical generators (No. 06-AQG-005);
(D) Perchloroethylene dry cleaners using less than 2100 gallons per year (No. 06-AQG-003);
(E) Rock crusher, stationary (06-AQG-004);
(F) Rock crusher, portable (07-AQG-001);
(G) Small water heaters and steam generating boilers (No. 08-AQG-003); and
(H) Automobile body repair and refinishing shops (No. 08-AQG-001).
(b) Category B general order.
(i) SEPA review complete: Eight hundred seventy-five dollars.
(ii) SEPA review required: One thousand one hundred sixty dollars.
(iii) Category B includes a general order of approval developed on or after January 1, 2011. This covers, but is not limited to, portable and stationary asphalt plants (No. 10AQ-G0-01).
(6) Review of relocation of portable source under WAC 173-400-036, 173-400-110 or 173-400-560.
(a) This fee applies to a portable source who intends to relocate in ecology's jurisdiction with an approval order from another permitting authority.
(i) SEPA review complete: One hundred fifty dollars.
(ii) SEPA review required: Four hundred thirty-five dollars.
(b) This fee applies to a portable source who intends to relocate in ecology's jurisdiction and has operated under an ecology issued approval order or is approved for coverage under an ecology issued general order of approval.
(i) SEPA review complete: No fee.
(ii) SEPA review required: Two hundred eighty-five dollars.
(7) Request to establish a voluntary emission limit (WAC 173-400-091): Five hundred dollars plus an hourly rate of ninety-five dollars after six hours.
(a) This fee covers up to six hours of staff time to review the request and issue a final decision. Ecology will bill the applicant ninety-five dollars per hour for each additional hour spent on the request above six hours.
(b) This fee applies to a regulatory order issued under WAC 173-400-091 that places a limit on emissions.
(i) This fee applies to a request to establish the emission limit in a stand-alone regulatory order.
(ii) This fee does not apply when an emission limit is included as a condition in an approval order for a notice of construction application.
(8) Request to replace or substantially alter control technology: Refer to WAC 173-455-100(4) for fee schedule.
Major new source review preapplication and permit fees.
(9) Request for a written prevention of significant deterioration applicability determination (WAC 173-400-720): Five hundred dollars plus an hourly rate of ninety-five dollars after six hours.
This fee covers up to six hours of staff time to review the request and issue a final decision. Ecology will bill the applicant ninety-five dollars per hour for each additional hour spent on the request above six hours.
(10) Prevention of significant deterioration (PSD) (WAC 173-400-720 and 173-400-730).
(a) PSD permit application: Fifteen thousand dollars plus an hourly rate of ninety-five dollars after one hundred fifty-eight hours.
This fee covers one hundred fifty-eight hours of staff time to review the application and issue a final decision. Ecology will bill the applicant ninety-five dollars per hour for each additional hour spent on the application above one hundred fifty-eight hours.
(b) PSD permit application where greenhouse gases are the sole PSD pollutant being reviewed: Seven thousand five hundred dollars plus an hourly rate of ninety-five dollars after seventy-nine hours.
This fee covers seventy-nine hours of staff time to review the application and issue a final decision. Ecology will bill the applicant ninety-five dollars per hour for each additional hour spent on the application above seventy-nine hours.
(11) Revision to a prevention of significant deterioration permit (WAC 173-400-750).
(a) Administrative revision as defined in WAC 173-400-750(3): One thousand nine hundred dollars plus an hourly rate of ninety-five dollars after twenty hours.
This fee covers twenty hours of staff time to review the application and issue a final decision. Ecology will bill the applicant ninety-five dollars per hour for each additional hour spent on the application above twenty hours.
(b) All other revisions (except major modification): Seven thousand five hundred dollars plus an hourly rate of ninety-five dollars after seventy-nine hours.
This fee covers seventy-nine hours of staff time to review the application and issue a final decision. Ecology will bill the applicant ninety-five dollars per hour for each additional hour spent on the application above seventy-nine hours.
(c) The fee for a major modification of a PSD permit (as defined in WAC 173-400-720) is located in subsection (10)(a) of this section.
(12) Request to extend the following major source approvals that are set to expire: Five hundred dollars. This provision applies to each of the following:
(a) PSD permit, including a major modification;
(b) PSD permit revision;
(c) Approval order for major source nonattainment area permitting; and
(d) A change to an approval order for major source nonattainment area permitting.
(13) Nonattainment area major new source review.
(a) A notice of construction application subject to WAC 173-400-830: Fifteen thousand dollars plus an hourly rate of ninety-five dollars after one hundred fifty-eight hours.
This fee covers one hundred fifty-eight hours of staff time to review the application and issue a final decision. Ecology will bill the applicant ninety-five dollars per hour for each additional hour spent on the application above one hundred fifty-eight hours.
(b) Change to an approval order issued under WAC 173-400-830:
(i) Request to change permit conditions under WAC 173-400-111(8) that is not subject to mandatory public comment in WAC 173-400-171: One thousand nine hundred dollars plus an hourly rate of ninety-five dollars after twenty hours.
This fee covers twenty hours of staff time to review the application and issue a final decision. Ecology will bill the applicant ninety-five dollars per hour for each additional hour spent on the application above twenty hours.
(ii) All other permit changes (except major modification): Seven thousand five hundred dollars plus an hourly rate of ninety-five dollars after seventy-nine hours.
This fee covers seventy-nine hours of staff time to review the application and issue a final decision. Ecology will bill the applicant ninety-five dollars per hour for each additional hour spent on the application above seventy-nine hours.
(iii) The fee for a major modification (as defined in WAC 173-400-810) of an approval order is located in subsection (13)(a) of this section.
(14) Plant-wide applicability limits (WAC 173-400-720).
(a) Request to establish new plant-wide applicability limits: Fifteen thousand dollars plus an hourly rate of ninety-five dollars after one hundred fifty-eight hours.
This fee covers up to one hundred fifty-eight hours of staff time to review the request and establish a plant-wide applicability limit. Ecology will bill the applicant ninety-five dollars per hour for each additional hour spent on the request above one hundred fifty-eight hours.
(b) All other requests, such as increase or renew plant-wide applicability limits; or process an expired plant-wide applicability limit: Seven thousand five hundred dollars plus an hourly rate of ninety-five dollars after seventy-nine hours.
This fee covers up to seventy-nine hours of staff time to increase, renew or process a retired plant-wide applicability limit. Ecology will bill the applicant ninety-five dollars per hour for each additional hour spent on the request above seventy-nine hours.
Other fees.
(15) Second tier review (WAC 173-460-090): Ten thousand dollars plus an hourly rate of ninety-five dollars after one hundred six hours.
(a) This fee covers up to one hundred six hours of staff time to evaluate the health impact assessment protocol and second tier petition, and make a recommendation. Ecology will bill the applicant ninety-five dollars per hour for each additional hour spent on the second tier petition above one hundred six hours.
(b) A second tier petition that becomes subject to third tier review during the course of evaluation continues as a second tier petition for billing purposes. Staff must sum the time spent on this petition and bill the applicant if the total hours exceed one hundred six hours.
(16) Third tier review (WAC 173-460-100): Ten thousand dollars plus an hourly rate of ninety-five dollars after one hundred six hours.
(a) This fee covers up to one hundred six hours of staff time to evaluate the health impact assessment protocol and third tier petition, and make a recommendation. Ecology will bill the applicant ninety-five dollars per hour for each additional hour spent on the second tier petition above one hundred six hours.
(b) This fee does not apply to a second tier petition that becomes a third tier petition.
(17) Ecology may enter into a written cost-reimbursement agreement with an applicant as provided in RCW 70.94.085. Ecology will be reimbursed at a rate of ninety-five dollars per hour.
(18) Small business fee reduction. The new source review
fee identified in subsections (2) ((and (3))) through (7) of
this section may be reduced for a small business.
(a) To qualify for the small business new source review fee reduction, a business must meet the requirements of "small business" as defined in RCW 19.85.020. In RCW 19.85.020, "small business" means any business entity, including a sole proprietorship, corporation, partnership, or other legal entity, that is owned and operated independently from all other businesses, that has the purpose of making a profit, and that has fifty or fewer employees.
(b) To receive a fee reduction, the owner or operator of a small business must include information in the application demonstrating that the conditions of (a) of this subsection have been met. The application must be signed:
(i) By an authorized corporate officer in the case of a corporation;
(ii) By an authorized partner in the case of a limited or general partnership; or
(iii) By the proprietor in the case of a sole proprietorship.
(c) Ecology may verify the application information and, if the owner or operator has made false statements, deny the fee reduction request and revoke previously granted fee reductions.
(d) For small businesses determined to be eligible under (a) of this subsection, the new source review fee shall be reduced to the greater of:
(i) Fifty percent of the new source review fee; or
(ii) Two hundred fifty dollars.
(e) If, due to special economic circumstances, the fee reduction determined under (d) of this subsection imposes an extreme hardship on a small business, the small business may request an extreme hardship fee reduction. The owner or operator must provide sufficient evidence to support a claim of an extreme hardship. The factors which ecology may consider in determining whether an owner or operator has special economic circumstances and in setting the extreme hardship fee include: Annual sales; labor force size; market conditions which affect the owner's or operator's ability to pass the cost of the new source review fees through to customers; and average annual profits. In no case will a new source review fee be reduced below one hundred dollars.
(((5))) (19) Fee reductions for pollution prevention
initiatives. Ecology may reduce the fees defined in
subsections (2) ((and (3))) through (7) of this section where
the owner or operator of the proposed source demonstrates that
approved pollution prevention measures will be used.
(((6) Fee payments. Fees specified in subsections (2)
through (5) of this section shall be paid at the time a notice
of construction application is submitted to the department. A
notice of construction application is considered incomplete
until ecology has received the appropriate new source review
payment. Additional charges assessed pursuant to subsection
(3) of this section shall be due thirty days after receipt of
an ecology billing statement. All fees collected under this
regulation shall be made payable to the Washington department
of ecology.
(7) Dedicated account. All new source review fees collected by the department shall be deposited in the air pollution control account.
(8))) (20) Tracking revenues, time, and expenditures. Ecology ((shall)) must track revenues collected under this
subsection on a source-specific basis. ((Ecology shall track
time and expenditures on the basis of complexity categories.
(9))) (21) Periodic review. To ensure that fees cover
the cost of processing the actions in this section, ecology
shall review and((, as appropriate,)) update this section ((at
least once every two years)) as necessary.
[Statutory Authority: RCW 70.94.181, [70.94.]152, [70.94.]331, [70.94.]650, [70.94.]745, [70.94.]892. 07-11-018 (Order 06-14), § 173-455-120, filed 5/3/07, effective 6/3/07.]
[Statutory Authority: RCW 70.94.181, [70.94.]152, [70.94.]331, [70.94.]650, [70.94.]745, [70.94.]892. 07-11-018 (Order 06-14), § 173-455-140, filed 5/3/07, effective 6/3/07.]