Washington Administrative Code
Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508)
Chapter 173-455 - Air quality fee rule
Section 173-455-120 - New source review and other air permitting fees
Current through Register Vol. 24-06, March 15, 2024
(1) General requirements.
Permit fees.
Minor new source review.
(2) Fees for review of a permit application for a new source or for the modification of an existing source with an emissions increase. (WAC 173-400-110(3).)
Table 1: 2023 Fees for review of a permit application for a new source or for the modification of an existing source with an emissions increase (WAC 173-400-110(3))
Action |
Initial Fee |
Hourly Rate |
Basic Project |
$1,904.00 for up to 16 hours of review |
$119.00 per hour starting at 17 hours |
Complex Project |
$12,614.00 for up to 106 hours of review |
$119.00 per hour starting at 107 hours |
Table 2: Emission Threshold Table (WAC 173-400-030)
Pollutant |
Annual Emission Rate |
Carbon monoxide |
100 tons per year |
Nitrogen oxides |
40 tons per year |
Sulfur dioxide |
40 tons per year |
Particulate matter (PM) |
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 |
(3) Fees for review of a requested change to an existing order of approval. (WAC 173-400-111(7) and (8).)
Table 3: 2023 Fees for review of a requested change to an existing order of approval (WAC 173-400-111(7) and (8))
Action |
Initial Fee |
Hourly Rate |
Correcting a mistake by ecology in a permit |
No fee |
No fee |
Administrative or simple change |
$357.00 for up to 3 hours of review |
$119.00 per hour starting at 4 hours |
Complex change |
$1,190.00 for up to 10 hours of review |
$119.00 per hour starting at 11 hours |
Permit extension request (WAC 173-400-111(7)) |
$119.00 |
Not applicable |
(4) Fees for review of an application for coverage under a general order of approval (WAC 173-400-560).
Table 4: 2023 Fees for review of an application for coverage under a general order of approval (WAC 173-400-560)
Type of source seeking coverage under a general order of approval |
SEPA review complete |
SEPA review required |
Portable and stationary concrete batch plants (No. 08-AQG-002) |
$625.00 |
$981.00 |
Perchloroethylene dry cleaners using less than 2,100 gallons per year (No. 06-AQG-003) |
$625.00 |
$981.00 |
Stationary and portable rock crushers (No. 11AQ-GO-001) |
$625.00 |
$981.00 |
Small water heaters and steam generating boilers (No. 08-AQ-G003) |
$625.00 |
$981.00 |
Automobile body repair and refinishing shops (No. 08-AQG-001) |
$625.00 |
$981.00 |
Portable and stationary asphalt plants (No. 10AQ-GO-01) |
$1,093.00 |
$1,450.00 |
Dairy manure anaerobic digesters (No. 12AQ-GO-01) |
$1,093.00 |
$1,450.00 |
Any other source seeking coverage under a general order of approval |
$1,093.00 |
$1,450.00 |
(5) Fees for review of a relocation notice for a portable source in ecology's jurisdiction under WAC 173-400-036
Table 5: 2023 Fees for review of a relocation notice for a portable source (WAC 173-400-036)
Action |
SEPA Review Complete |
SEPA Review Required |
Portable source has approval order issued by a clean air agency |
$187.00 |
$543.00 |
Portable source has approval order issued by ecology |
No fee |
$365.00 |
(6) Fees for review of a request to establish a voluntary emission limit (WAC 173-400-091).
Table 6: 2023 Fees for review of a request to establish a voluntary emission limit (WAC 173-400-091)
Action |
Initial Fee |
Hourly Rate |
Review of request to establish a voluntary emission limit (WAC 173-400-091) |
$714.00 for up to 6 hours of review |
$119.00 per hour starting at 7 hours |
(7) Fees for review of a request to replace or substantially alter control technology without an increase in emissions (RCW 70A.15.2220).
Table 7: 2023 Fees for review of a request to replace or substantially alter control technology without an increase in emissions (RCW 70A.15.2220)
Action |
Initial Fee |
Hourly Rate |
Review notice of construction application |
No initial fee |
$119.00 per hour |
Review RACT analysis and determination for affected emission unit |
No initial fee |
$119.00 per hour |
Major new source review preapplication and permit fees.
(8) Fees for review of a prevention of significant deterioration (PSD) determination (WAC 173-400-720, 173-400-730, and 173-400-750).
Table 8: 2023 Fees for review of a request for prevention of significant deterioration (PSD) determination
Action |
Initial Fee |
Hourly Rate |
Written PSD applicability determination (WAC 173-400-720) |
$4,760.00 for up to 40 hours of review |
$119.00 per hour starting at 41 hours |
Preapplication assistance beyond the application assistance meeting ecology provides |
$714.00 for up to 6 hours of review |
$119.00 per hour starting at 7 hours |
PSD permit application - New (WAC 173-400-720 and 173-400-730) |
$18,802.00 for up to 158 hours of review |
$119.00 per hour starting at 159 hours |
PSD permit application - Limited to greenhouse gases |
$9,401.00 for up to 79 hours of review |
$119.00 per hour starting at 80 hours |
PSD permit revision - Administrative (as defined in WAC 173-400-750(3)) |
$2,380.00 for up to 20 hours of review |
$119.00 per hour starting at 21 hours |
PSD permit revisions - Revision not administrative or major modification |
$4,760.00 for up to 40 hours of review |
$119.00 per hour starting at 41 hours |
PSD permit revision - Major modification (WAC 173-400-720) |
$18,802.00 for up to 158 hours of review |
$119.00 per hour starting at 159 hours |
Permit extension request (WAC 173-400-730(5)) |
$625.00 |
No hourly fee |
(9) Fees for nonattainment area major new source review.
Table 9: 2023 Fees for nonattainment area major new source review
Action |
Initial Fee |
Hourly Rate |
Notice of construction application (WAC 173-400-830) |
$18,802.00 for up to 158 hours of review |
$119.00 per hour starting at 159 hours |
Change in permit conditions - Major modifications for an order issued under WAC 173-400-830 |
$18,802.00 for up to 158 hours of review |
$119.00 per hour starting at 159 hours |
Change in permit conditions under WAC 173-400-111(8) - Action not subject to mandatory public comment under WAC 173-400-171(3) |
$2,380.00 for up to 20 hours of review |
$119.00 per hour starting at 21 hours |
Changes in permit conditions - All other changes |
$9,401.00 for up to 79 hours of review |
$119.00 per hour starting at 80 hours |
Permit extension request (WAC 173-400-111(7)) |
$625.00 |
No hourly fee |
(10) Fees for review of plant-wide applicability limits (WAC 173-400-720).
Table 10: 2023 Fees for review of plant-wide applicability limits (WAC 173-400-720)
Action |
Initial Fee |
Hourly Rate |
Plant-wide applicability limits - Establish new limits |
$18,802.00 for up to 158 hours of review |
$119.00 per hour starting at 159 hours |
Plant-wide applicability limits - All other requests |
$9,401.00 for up to 79 hours of review |
$119.00 per hour starting at 80 hours |
Other fees.
(11) Table 11 lists the 2023 fees for all other permitting actions, including second and third tier reviews.
Table 11: Other fees for 2023
Action |
Initial Fee |
Hourly Rate |
Second tier review (WAC 173-460-090) |
$9,996.00 for up to 84 hours of review |
$119.00 per hour starting at 85 hours |
Third tier review (WAC 173-460-100) |
$9,996.00 for up to 84 hours of review |
$119.00 per hour starting at 85 hours |
Cost reimbursement agreement as provided in RCW 70A.15.1570 |
No initial fee |
$119.00 per hour |
Review of a request for a variance under WAC 173-400-180 |
No initial fee |
$119.00 per hour |
Review of a notification of intent to operate under WAC 173-400-035 |
No initial fee |
$119.00 per hour |
Hourly rate for other permitting actions |
No initial fee |
$119.00 per hour |
(12) Fee reductions for small businesses. Ecology may reduce the permitting fees identified in subsections (2) through (6) of this section for a small business as provided in this subsection.
(13) Fee reductions for pollution prevention initiatives. Ecology may reduce the permitting fees identified in subsections (2) through (6) of this section where the owner or operator of the proposed source demonstrates that approved pollution prevention measures will be used.
(14) Tracking revenues, time, and expenditures. Ecology must track revenues from the fees collected under this subsection on a source-specific basis.
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), § 173-455-120, filed 11/30/12, effective 12/31/12. Statutory Authority: RCW 70.94.152 and 2011 c 5 § 301(28). 11-12-077 (Order 10-04), § 173-455-120, filed 5/31/11, effective 7/1/11. 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.