Original Notice.

     Title of Rule and Other Identifying Information: Regulation 1 Article 10, the changes are proposed revisions to the fee schedule adopted in CY2000. The current fee schedules have not been updated since adoption in 2000. The Benton Clean Air Agency (BCAA) is seeking program cost recovery.

     Hearing Location(s): 526 South Clodfelter Road, Kennewick, WA 99336, on November 20, 2008, at 5:00 p.m.

     Date of Intended Adoption: November 20, 2008.

     Submit Written Comments to: Terry Flores, 526 South Clodfelter Road, Kennewick, WA 99336, e-mail tflo@bcaa.net, fax (509) 783-6562, by September 22, 2008.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The changes are proposed revisions to the fee schedule adopted in CY2000. The current fee schedules have not been updated since adoption in 2000. The BCAA is seeking program cost recovery.

     Reasons Supporting Proposal: The current fee schedules have not been updated since adoption in 2000. The BCAA is seeking cost recovery for program services.

     Statutory Authority for Adoption: Chapter 70.94 RCW.

     Statute Being Implemented: Chapter 70.94 RCW.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Benton Clean Air Agency, governmental.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Not required under chapter 70.94 RCW.

     A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 does not apply.

September 22, 2008

Terry Flores

Administrative Assistant III

EFFECTIVE: 9-Apr-2005

     Section 1.01 Fees and Charges Required

     A. Unless otherwise provided, any fee assessed by the BCAA shall be paid within thirty (30) days of assessment. Failure to pay a fee may result in the commencement of a formal enforcement action.

     B. Upon approval by the Board as part of the annual budget process, fees may be increased annually by at least the fiscal growth factor as determined by the Washington State Office of Financial Management.

     Section 1.02 Fees Otherwise Provided

     All fees and charges provided for in this Article shall be in addition to fees otherwise provided for or required to be paid by Regulation 1, provided the Control Officer shall waive payment of any fee or service charge hereby required if such fee duplicates a fee charged or required to be paid by another Article of Regulation 1.

     Section 1.03 Fee Waiver, Indigence

     Except for fees required under Section 10.09, the Control Officer shall waive payment of all or a portion of any fee or service charge required by this Article to be paid upon a showing deemed sufficient by the Control Officer that the permit or service requested is necessary and payment of the fee would cause hardship upon the applicant. An applicant may apply for a fee waiver by filing a Fee Waiver due to Indigence Request Form supplied by the BCAA.

     Section 1.04 General Administrative Fees

     A. Administrative fees shall be due and payable at the time service is rendered, unless otherwise specified by BCAA.

     1. A fee of fifteen cents ($0.15) per page shall be charged for photocopies.

     2. A fee of twenty dollars ($20.00) per hour shall be charged for research time for requests covering more than one-hour of staff time.

     3. A fee of ten dollars ($10.00) shall be charged per copy of audio or video materials.

     4. The actual cost of postage or shipping shall be charged for all material requested to be mailed.

     B. For other administrative services requested and performed by BCAA staff persons that are not provided to the public generally, the Control Officer shall determine such charge as reasonably reimburses the BCAA for time and materials expended in providing the service.

     C. A fifty dollar ($50.00) fee will be assessed for any check written to the BCAA returned due to non-sufficient funds.

     Section 1.05 Registered Source Fees

     A. The BCAA shall charge an annual registration fee pursuant to RCW 70.94.151 for services provided in administering the registration program. Fees received under the registration program shall not exceed the cost of administering the registration program. The Board shall review the registration program on an annual basis.

     B. All air contaminant sources required by Section 9.04 or 9.05 to be registered are subject to the following fees:

     1. Class 1 and Class 1 Toxic sources shall pay an annual registration fee of:

     a. A base fee of threewo hundred fifty dollars ($32500.00);

     b. Fifty Ten dollars ($510.00) per ton of criteria pollutant emitted;

     c. One hundred fifty dollars ($1500.00) per ton or prorated on fraction of a ton of toxic air pollutant emitted; and

     d. Fiftyeen ($5015.00) dollars per emission process unit or emission point.

     2. Class 2 and, Class 2 Toxic , and Synthetic Minorsources shall pay an annual registration fee of:

     a. A base fee of seven six hundred fifty dollars ($75600.00);

     b. Fifty dollars ($50.00) per ton of criteria pollutant emitted;

     c. One hundred fifty dollars ($150.00) per ton or prorated on fraction of a ton of toxic air pollutant emitted; and

     b. Ten dollars ($10.00) per ton of criteria pollutant emitted;

     c. One hundred dollars ($100.00) per ton of toxic air pollutant emitted; and

     d. Fifteen ($15.00) dollars per emission point. Fifty ($50.00) dollars per emission process unit or emission point

     3. Synthetic Minor sources shall pay an annual registration fee of:

     a. A base fee of fifteen hundred dollars ($1500.00);

     b. Fifty dollars ($50.00) per ton of criteria pollutant emitted;

     c. One hundred fifty dollars ($150.00) per ton or prorated on fraction of a ton of toxic air pollutant emitted; and

     d. Fifty ($50.00) dollars per emission process unit or emission point

     3. 4. Gasoline facilities shall pay an annual registration fee of:

     a. Gasoline Loading Terminals: two two thousand dollars ($21,000.00) plus fifty ten dollars ($510.00) per ton of pollutant emitted;

     b. Bulk Gasoline Plants: eight four hundred dollars ($8400.00) plus fifty ten dollars ($510.00) per ton of pollutant emitted; and

     c. Gasoline Dispensing Facilities:

     i. Fee is determined by multiplying current annual gasoline throughput (greater than 400,000) in gallons times $0.0005 per gallon.

     ii. Fee for stations with annual throughput less than 400,000 gallons shall be two hundred dollars ($200.00).

     i. Throughput of less than five hundred thousand (500,000) gallons/yr, the fee shall be one hundred fifty dollars ($150.00);

     ii. Throughput of five hundred thousand (500,000) gallons/yr, but less than 1.5 million gallons/yr, the fee shall be four hundred fifty dollars ($450.00); and

     iii. Throughput greater than 1.5 million gallons/yr, the fee shall be $900.00.

     d. Once classified, a gasoline dispensing facility shall remain in a higher throughput classification for a period of two (2) consecutive years before reassignment to a lower classification.

     C. Fee Payment

     1. Fee Payment. The annual registration fee shall be due and payable on February 28 of each year, unless otherwise specified in writing to the source by the BCAA.

     2. Late Payment of Fees. A late fee shall be charged to a source for late payment of all or part of its annual registration fee at the following rates:

     a. Ten percent (10%) of the annual registration fee for payment received up to the thirtieth (30th) day past the due date;

     b. Fifteen percent (15%) of the annual registration fee for payment received between the thirty-first (31st) day and the sixtieth (60th) day past the due date; and

     c. Twenty-five percent (25%) of the annual registration fee for payment received between the sixty-first day (61st) and the ninetieth (90th) day past the due date.

     d. Failure to pay all or part of an annual registration fee after the ninety-first (91st) day past the due date may result in the commencement of a formal enforcement action.

     3. Transfer in Ownership. Transfer in ownership of a source shall not affect that source's obligation to pay registration fees. Any liability for fee payment, including payment of late payment and other penalties shall survive any transfer in ownership of a source.

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

     Section 1.06 Fees for Application for Notice of Construction (NOC) and Application for Notice of Intent to Install and Operate a Temporary Source (NIO)

     A. NOC or NIO Application Filing Fee. An application filing fee shall be due and payable at the time of filing the NOC or NIO application. The filing fee is non-refundable.

     1. Permanent stationary source. The filing fee shall be four one hundred fifty dollars ($41050.00)

     2. Temporary or portable source. The filing fee shall be fiveour hundred dollars ($5400.00).

     3. Relocation of a temporary or portable or source. The filing fee shall be two hundred fifty dollars ($2500.00) and shall be charged each time the source relocates within the boundaries of Benton County.

     B. NOC or NIO Engineering Examination and Inspection Fee.

     1. An examination and inspection fee shall be charged according to Table 10-1. The engineering and inspection fee shall be due and payable at the time of filing the NOC or NIO, unless otherwise specified to the applicant by the BCAA.

     2. Emergency application or expedited review fee shall be two (2) times the normal application and review fee.

     C. Additional Fees

     C. . Additional fees may be charged according to Table 10-2. Table 10-2 fees are cumulative. The additional fees shall be due and payable at the time of filing the NOC or NIO, unless otherwise specified to the applicant by the BCAA.

     1. Fee amounts in Table 10-1 and 10-2 listed as "Actual" are based upon the BCAA's actual cost to complete a review or task and shall be determined using the actual or direct hours expended completing the specific review or task.

     and the corresponding hourly rate of each BCAA staff person directly involved. If the staff time required to review a permit application exceeds the listed amounts associated with the applicable review fee specified in Table 10-1 and 10-2, the applicant will be invoiced for each additional work hour at the current engineering charge rate in dollars per hour.

     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 BCAA staff person directly involved in completing the specific task;

     2. Time accrued shall be accounted to the nearest fifteen (15) minutes;

     3. Current BCAA staff person salary and overhead rates shall be used when calculating fees; and,

     1. The bill issued for any fee based on the BCAA's actual cost shall indicate the total hours expended and the hourly cost rates that were used to determine the fee.

     E. 2. If an NOC or NIO applicability determination fee is received by the BCAA and an NOC or NIO is determined not to be required, the Engineering Examination and Inspection Fee shall be the actual time expended at the current engineering charge rate in dollars per hour waived.

     F. D. Any NOC or NIO application received by the BCAA without the accompanying fee shall be rejected and returned to sender. Such action shall not constitute a determination of completeness or incompleteness as per WAC 173-400-110.

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

     Section 1.07 State Environmental Policy Act (SEPA) Fees

     A. Where review of an Environmental Impact Statement (EIS), Environmental Checklist, or an addendum to, or adoption of, an existing environmental document pursuant to WAC 197-11 is required, in association with an NOC or a NIO, the applicant shall pay a review fee of the greater of:

     1. One-hundred fifty dollars ($1500.00), due and payable at the time of submittal; or

     2. Actual costs to complete the review or task and shall be determined using the actual or direct hours expended completing the specific review and the corresponding hourly rate of each BCAA staff person directly involved. Actual costs shall be billed by the BCAA to the owner, operator, or applicant after a threshold determination has been made and/or a preliminary determination has been issued

     B. Additional fees may be charged according to Table 10-2. Table 10-2 fees are cumulative. The additional fees shall be due and payable at the time of filing, unless otherwise specified to the applicant by the BCAA.

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

     Section 1.08 Asbestos Fees

     A. Any fee required under Table 10-3 for asbestos projects shall be due and payable at the time of filing, unless otherwise specified to the applicant by the BCAA.

     B. Failure to pay all or part of the fee may result in the commencement of a formal enforcement action.

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

     Section 1.10 Special Burning Permit Fees

     A. An application fee of fifty dollars ($7550.00) is due and payable at the time of submittal of a request for special burning permit. The application fee is non-refundable.

     B. An additional fee for inspection and oversight costs shall be charged for each submittal of a request for special burning permit. The additional fee shall be calculated based upon the volume of the material to be burned. The additional fee shall not exceed eight dollars and fifty cents ($8.50) per cubic yard or the adjusted amount according to WAC 173-425.

     C. The additional fee shall be due and payable within thirty (30) days of issuance of the special burning permit. Special burning permit fees shall be due within thirty (30) days of issuance of the special burning permit.

     D. A late fee of twenty-five dollars ($25.00) may be charged for special burning permit fees that have not been paid within thirty (30) days of issuance of the special burning permit. Failure to pay said fee within sixty (60) days of the issuance of the special burning permit may result in the commencement of a formal enforcement action.

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

     Section 1.11 Agricultural Burning Permit Fees

     A. An application fee for an agricultural burning permit shall be due and payable at the time of submittal of the application. Refunds may be issued by the BCAA for acres not burned under each permit provided the adjusted fee after subtracting refunds is no less than twenty-five dollars..

     B. Upon approval of any agricultural burning permit application, the BCAA shall charge a fee not to exceed two dollars and fifty cents ($2.50) per acre for each acre permitted to be burned. at a maximum fee level as set by statute at two dollars and fifty cents per acre (RCW 70.94.650(2)) and as established by the agricultural burning practices and research task force (RCW 70.94.650(4)).

     A portion of this fee shall go directly to Ecology to be divided among administration, oversight costs, and the research fund. The remainder of the fee shall go to the BCAA for local administration and implementation of the program.. The permitting authority may set the fee as an amount per agricultural operation per calendar year, a set amount per fire, or a set rate no greater than one dollar and twenty-five cents per acre burned. The Ecology administration portion of the fee shall be used to off-set the statewide administrative, education, and oversight costs of the department for the agricultural burning program.

     The agricultural burning applied research portion of the fee shall be no greater than one dollar per acre burned. The amount assessed may be less than one dollar per acre burned as periodically determined by the agricultural burning practices and research task force based on applied research needs, regional needs and the research fund budget. The agricultural burning practices and research task force may also establish discounted assessment rates based on the use of best management practices.

     C. The local portion of the agricultural burning permit fee shall be seventy-five cents ($0.75 one dollar and twenty-five cents) per acre ($1.25).

     D. The minimum permit fee shall be no less than twenty-five dollars ($25.00).

     D. Minimum and variable fee levels are as follows:

     1. Twenty-five dollars ($25.00) per calendar year per agricultural operation based on burning up to ten acres or equivalent;

     2. Fifty dollars ($50.00) for orchard tear-out burning per calendar year per agricultural operation based on burning debris from up to twenty acres or equivalent.

     3. The variable fee is two dollars and twenty-five cents per acre ($2.25).

     4. The chart below shows the permit fee break-out per category:

Fee Level	Section	Local Administration	Research	Ecology Administration
$25.00	WAC 173-430-040 (4)(a)(i)	$12.50	$12.50	-0-
$50.00	WAC 173-430-040 (4)(a)(ii)	$12.50	$12.50	$25.00
2008 and beyond - $2.25 per acre	WAC 173-430-040 (4)(b)(ii)	Up to $1.25 per acre	50 cents per acre	50 cents per acre

     E. The agricultural burning practices and research task force may set acreage equivalents, for non-field style agricultural burning practices, based on the amount of emissions relative to typical field burning emissions. Any acreage equivalents, established by rule, shall be used in determining fees. For agricultural burning conducted by irrigation or drainage districts, each mile of ditch (including banks) burned is calculated on an equivalent acreage basis..

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

© Washington State Code Reviser's Office