Current through Register Vol. 24-06, March 15, 2024
(1) General.
Ecology will assess and collect fees as authorized in
RCW
70A.15.2230(7) and described
in subsections (2) through (4) of this section.
(2) Fee schedule for source-specific
determinations where ecology performs RACT analysis and determination.
(a) Basic RACT analysis and determination
fee:
(i) Low complexity (the analysis
addresses one type of emission unit) - One thousand five hundred
dollars;
(ii) Moderate complexity
(the analysis addresses two to five types of emissions units) - Seven thousand
five hundred dollars;
(iii) High
complexity (the analysis addresses more than five types of emission units) -
Fifteen thousand dollars.
(b) Additional charges based on criteria
pollutant emissions: In addition to those fees required under (a) of this
subsection, ecology will require a fee for a RACT analysis and determination
for an emission unit or multiple emission units of uniform design that,
individually or in the aggregate, emit one hundred tons per year or more of any
criteria pollutant - Two thousand dollars.
(c) Additional charges based on toxic air
pollutant emissions: In addition to those fees required under (a) and (b) of
this subsection, ecology will require the following fees as applicable:
(i) RACT analysis and determination for an
emissions unit or multiple emissions units of uniform design that, individually
or in the aggregate, emit more than two tons per year but not more than 10 tons
per year of any toxic air pollutant - One thousand dollars; or
(ii) RACT analysis and determination for an
emissions unit or multiple emissions units of uniform design that, individually
or in the aggregate, emit more than 10 tons per year of any toxic air pollutant
- Two thousand dollars.
(3) Fee schedule for source-specific
determinations where the source performs the RACT analysis and ecology conducts
review and issues a determination.
(a) Basic
RACT review and determination fees:
(i) Low
complexity (the analysis addresses one type of emission unit) - One thousand
dollars;
(ii) Moderate complexity
(the analysis addresses two to five types of emissions units) - Five thousand
dollars;
(iii) High complexity (the
analysis addresses more than five types of emission units) - Ten thousand
dollars.
(b) Additional
charges based on criteria pollutant emissions: In addition to those fees
required under (a) of this subsection, ecology will require a fee for a RACT
analysis and determination for an emission unit or multiple emissions units of
uniform design that, individually or in the aggregate, emit 100 tons per year
or more of any criteria pollutant - One thousand dollars.
(c) Additional charges based on toxic air
pollutant emissions: In addition to those fees required under (a) and (b) of
this subsection, ecology will require the following fees as applicable:
(i) RACT analysis and determination for an
emissions unit or multiple emissions units of uniform design that, individually
or in the aggregate, emit more than two tons per year but not more than 10 tons
per year of any toxic air pollutant - Five hundred dollars; or
(ii) RACT analysis and determination for an
emissions unit or multiple emissions units of uniform design that, individually
or in the aggregate, emit more than 10 tons per year of any toxic air pollutant
- One thousand dollars.
(4) Fee schedule for categorical RACT
determinations. Ecology shall assess fees for categorical RACT determinations
(for categories with more than three sources) as shown below. Ecology shall
base the fees described in (a) of this subsection on the most complex source
within a category. When determining complexity level for the most complex
source in the category, the emission rate or number of types of emission units
that results in the highest complexity level will determine the fee for the
source category. Except as provided in (b) and (d) of this subsection, ecology
will determine fees for individual sources in the category by dividing the
total source category fee by the number of sources within the category.
(a) RACT analysis and determination (RACT
analysis performed by ecology with assistance from sources):
(i) Low complexity source category (average
source emissions of individual criteria pollutants are all less than 20 tons
per year, average source emissions of individual toxic air pollutants are all
less than two tons per year, or the analysis addresses one type of emission
unit) - Twenty-five thousand dollars;
(ii) Moderate complexity source category
(average source emissions of one or more individual criteria pollutants are
greater than 20 tons per year and less than 100 tons per year, average source
emissions of one or more individual toxic air pollutants are greater than two
tons per year and less than 10 tons per year, or the analysis addresses two to
five types of emissions units) - Fifty thousand dollars; or
(iii) High complexity source category
(average source emissions of one or more individual criteria pollutants exceed
100 tons per year, average source emissions of one or more individual toxic air
pollutants exceed 10 tons per year, or the analysis addresses more than five
types of emission units) - One hundred thousand dollars.
(b) If ecology is evaluating an emission unit
for more than one categorical RACT determination within a five-year period,
ecology will charge the owner or operator of that emission unit one fee and the
fee will reflect the higher complexity categorical RACT
determination.
(c) Ecology may
adjust the fee to reflect workload savings from source involvement in source
category RACT determination.
(d)
Ecology may approve alternate methods for allocating the fee among sources
within the source category.
(5) RACT fee reductions for small businesses.
Ecology may reduce the RACT analysis/review and determination fees identified
in subsections (2) through (4) of this section for a small business as provided
in this subsection.
(a) Small business
reduction.
(i) To qualify for a small business
RACT fee reduction, a business must meet the requirements of "small business"
as defined in
RCW
19.85.020.
(ii) To receive a small business fee
reduction, the owner or operator of a small business must include sufficient
information in an application submitted in accordance with (c) of this
subsection demonstrating that the business meets the requirements of a small
business as required under (a)(i) of this subsection.
(iii) For small businesses that ecology
determines are eligible for a small business fee reduction under (a)(i) of this
subsection, ecology shall reduce the RACT analysis/review and determination fee
to the greater of:
(A) Fifty percent of the
RACT analysis/review and determination fee; or
(B) Three hundred twelve
dollars.
(b)
Extreme hardship reduction.
(i) If the fee
assessed after a reduction granted under (a)(iii) of this subsection imposes an
extreme hardship on a small business due to special economic circumstances, the
small business may request an extreme hardship fee reduction.
(ii) To receive an extreme hardship
reduction, the owner or operator of a small business must provide sufficient
evidence to support a claim of special economic circumstances and extreme
hardship in an application submitted in accordance with (c) of this
subsection.
(iii) Ecology may
consider the following factors in determining whether an owner or operator has
demonstrated special economic circumstances and extreme hardship, and in
determining the amount of the fee reduction:
(A) Annual sales;
(B) Labor force size;
(C) Market conditions which affect the
owner's or operator's ability to pass the cost of the RACT analysis and
determination fees through to customers; and
(D) Average annual profits.
(c) Application for fee
reduction.
(i) One of the following
representatives of the small business must sign the application:
(A) An authorized corporate officer in the
case of a corporation;
(B) An
authorized partner in the case of a limited or general partnership;
or
(C) The proprietor in the case
of a sole proprietorship.
(ii) Ecology may request additional
information as needed to verify the application information. If ecology
determines the owner or operator has made false statements in the application,
ecology may deny the fee reduction request and revoke any previously granted
fee reductions for that business.
(d) In no case will ecology reduce a RACT
analysis/review and determination fee to an amount below $125.
(6) Fee reductions for pollution
prevention initiatives. Ecology may reduce RACT analysis and determination fees
for an individual source if that source is using approved pollution prevention
measures.
(7) Fee payments. A
source shall pay fees specified in subsection (3)(a) of this section when the
source submits a notice of construction application to ecology. Sources shall
pay other fees specified in subsections (2) through (6) of this section no
later than 30 days after receipt of an ecology billing statement. For fees
specified in subsection (4) of this section, ecology will mail a billing
statement for one-half of the payment from each source when the source category
rule-making effort is commenced as noted by publication of the CR-101 form in
the Washington State Register. Ecology will mail a billing
statement for the second half of the payment when the proposed rule is
published in the Washington State Register. Ecology will not
issue an order of approval or other action approving or identifying a source to
be at RACT until the source has paid all fees. A source shall make all fees
collected under this regulation payable to the Washington department of
ecology.
(8) Dedicated account.
Ecology shall deposit all control technology fees it collects from air
operating permit program sources in the air operating permit account created
under RCW
70.94.015. Ecology shall deposit all control
technology fees collected from nonair chapter 173-401 WAC program sources in
the air pollution control account.
(9) Tracking revenues, time, and
expenditures. Ecology shall track revenues on a source-specific basis. For
purposes of source-specific determinations under subsections (2) through (3) of
this section, ecology shall track time and expenditures on the basis of source
complexity categories. For purposes of categorical determinations under
subsection (4) of this section, ecology shall track time and expenditures on a
source-category basis.
(10)
Periodic review. Ecology shall review and, as appropriate, update this section
at least once every two years.
Statutory Authority:
RCW
70.94.151,
chapter
70.94 RCW,
2011 1st sp.s. c
50§ 302(2), and section 302(9), chapter 158,
2012 2nd sp.s. c
7 . 12-24-051 (Order 11-07), § 173-455-100,
filed 11/30/12, effective 12/31/12. 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), §
173-455-100, filed 5/3/07, effective
6/3/07.