Section 173-455-040. Air contaminant source registration fees.

(1) Ecology will charge a yearly registration fee to cover the cost of implementing the registration program.

(2) Ecology will determine fee eligibility based on the most current emissions inventory information available for each source.

(3) A registration program source that shut down during the previous year and is not operating in the current year is not subject to a fee for the current calendar year.

(4) Periodic registration program source eligibility and fees are determined as follows:

(a) A source is a periodic registration program source if all of these statements are true:

(i) A source is included on the source classification list in WAC 173-400-100(1) or the equipment classification list in WAC 173-400-100(2);

(ii) The source emits at least one pollutant in Table 173-455-040 (4)(c) within the rates in the table; and

(iii) The source does not emit any pollutant at a rate higher than those in Table 173-455-040 (4)(c).

(b) The registration fee category and fee for periodic registration program source are determined as follows:

(i) Ecology will determine whether the periodic sources is in the small, medium, or large category based on the source's most current emissions inventory information.

(ii) Ecology will determine whether the source's category based on the emission rate of the air contaminant that falls in the category with the highest fee.

(c) A periodic registration program source must pay the applicable yearly registration fee on Table 173-455-040 (4)(c).

Table 173-455-040 (4)(c)

Periodic Registration Fee Table

*	"De minimis emissions" means trivial levels of toxic air emissions that do not pose a threat to human health or the environment. WAC 173-460-150 contains the de minimis emission rate of a toxic air pollutant in pounds per averaging period (year, 24-hour, 1-hour).

(5) Annual registration program source fees are determined as follows:

(a) Ecology will determine the annual registration fee based on the most current emissions inventory information.

(b) A source that is included on the source classification list in WAC 173-400-100(1) or the equipment classification list in WAC 173-400-100(2) is an annual registration program source if it meets any of the following criteria:

(i) The source emits one or more air pollutants in Table 173-455-040 (5)(b) at rates greater than those in the table; or

Table 173-455-040 (5)(b)

Annual Registration Emission Rate Table

(ii) Annual registration and reporting is necessary to comply with federal reporting requirements or emission standards; or

(iii) Annual registration and reporting is required in a reasonably available control technology determination for the source category; or

(iv) The director of ecology determines that the source poses a potential threat to human health and the environment.

(c) Annual registration program sources must pay a yearly registration fee comprised of the following three components:

Annual Registration Fee Components

(i) Flat fee component. Each source must pay the flat fee component plus the other fees.

(ii) Complexity component. Each source is assigned a complexity rating of 1, 3, or 5 which is based on the estimated amount of time needed by ecology to review and inspect the source. The source's complexity rating is multiplied by the complexity fee rate to determine the complexity portion of the yearly registration fee.

(iii) Emissions component. Billable emissions (in tons per year) include nitrogen oxides, sulfur dioxide, particulate matter (except total suspended particulate), and volatile organic compounds. The source's billable emissions are multiplied by the emissions fee rate to determine the emissions portion of the yearly registration fee.

(6) Registration fees for gasoline dispensing facilities. Gasoline dispensing facilities must pay a yearly registration fee of one hundred thirty dollars for each storage tank dispensing gasoline.

(7) Fee reductions for economic hardship. If a small business owner who is subject to a periodic registration program fee under subsection (4) of this section or a gasoline dispensing facility subject to subsection (6) of this section thinks the registration fee results in an extreme economic hardship, the small business owner may request a fee reduction. The owner or operator must provide sufficient evidence to support a claim of an extreme hardship. The registration fee may be reduced by no more than fifty percent.

(8) Fee payments.

(a) A source subject to fees in this section must pay those fees within thirty days of receipt of ecology's billing statement.

(b) A late fee of sixty-eight dollars or ten percent of the fee, whichever is more, may be assessed for any fee not received within the thirty-day period.

(c) A source may request to pay an ecology fee on a payment plan. A late fee will not apply for fees paid by a payment plan as long as the following two conditions are met:

(i) The source requests a payment plan within thirty days of the receipt of ecology's billing statement.

(ii) The source pays the fee on time as outlined in the payment plan.

(9) Additional registration fee for fossil-fueled electric generating facilities. Fossil-fueled electric generating facilities must pay registration fees required in this section in addition to carbon dioxide mitigation program fees required in WAC 173-455-050.

[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. WSR 12-24-051 (Order 11-07), § 173-455-040, 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. WSR 07-11-018 (Order 06-14), § 173-455-040, filed 5/3/07, effective 6/3/07.]

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. WSR 12-24-051 (Order 11-07), § 173-455-040, 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. WSR 07-11-018 (Order 06-14), § 173-455-040, filed 5/3/07, effective 6/3/07.

Rules

173-400-100,173-400-100,173-460-150,173-400-100,173-400-100,173-455-050,