(1) General
requirements.
(a) The fees in this section
apply to:
(i) Permit applications received on
or after July 1, 2023.
(ii)
Requests for ecology review of other actions covered by this section received
by ecology on or after July 1, 2023.
(b) Components of permitting fees. Permit
fees include initial fees and may include an additional hourly fee. The initial
fee covers up to the number of review hours specified for each fee in this
section.
(c) A project may be
subject to multiple fees set forth in this section. For example, a project may
be subject to both minor and major new source review permit fees and second or
third tier review. In addition a project may be subject to fees under WAC
173-455-050 and
173-455-100.
(d) An applicant must submit initial fees
with the associated permit 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)(e),
application fees are considered initial fees under this section.
(ii) If ecology determines a project is
complex after an applicant paid the basic project initial fee, then the
application is incomplete until the applicant has paid 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 has paid the higher 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 must assess an additional fee based on the actual costs for review in
excess of the hours specified for the initial fee. The additional fee must be
assessed at a rate of $119 per hour of ecology staff time expended, or the rate
established under WAC
173-455-031.
(f) Ecology cannot finalize an action covered
under this section until all fees have been paid. (WAC
173-400-111(3)(i).)
(g) For fees assessed by invoice from
ecology, the applicant must pay fees that are due within 30 days from the date
of the invoice. Ecology will cease processing all applications for which the
required fees have not been received within 30 days of an invoice.
(h) At the time of filing a permit
application, notice, or request, an applicant must pay all delinquent air
quality fees associated with the facility in addition to the fees required by
this section. Delinquent fees may include, but are not limited to, registration
fees, civil penalties issued by ecology, or other outstanding fees due under
this section.
(i) All fees
collected under this section must be made payable to the department of
ecology.
(j) Fees assessed under
this section apply without regard to whether ecology approves or denies the
underlying permit application, notice, or request.
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).)
(a) Table 1 lists the 2023 fees for review of
an application for a new source or for the modification of an existing source
with an emissions increase.
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
|
(b) A
project 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 Table 2.
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
|
(c)
Ecology may also determine that a project is complex based on consideration of
factors that include, but are not limited to:
(i) Number and complexity of emission
units;
(ii) Volume of emissions,
including toxicity of emissions;
(iii) Amount and complexity of modeling;
or
(iv) Number and kind of
applicable state and federal requirements.
(d) Ecology will post a new fee schedule for
the fees in this section starting in 2024 in accordance with WAC
173-455-031.
(3) Fees for review of a requested change to
an existing order of approval. (WAC
173-400-111(7) and
(8).)
(a)
Ecology will not charge a fee for correcting a mistake by ecology in a
permit.
(b) "Administrative or
simple change" means:
(i) An action not
subject to a mandatory public comment period under WAC
173-400-171; and
(ii) The modified approval order requires one
hour or less of engineering evaluation by ecology and does not authorize
physical modification of equipment; and
(iii) Changes in permit conditions are based
on actual operating conditions and review of the operating conditions requires
one hour or less of engineering evaluation by ecology and the modification does
not cause a change in allowable emissions.
(c) Complex changes:
(i) This fee does not apply to an
administrative or simple change or to the modification of an existing permit
that results in an emissions increase.
(ii) Examples of complex changes include, but
are not limited to:
(A) Changes requiring more
than one hour of engineering review by ecology;
(B) Consolidation of permits not allowed
under simple change;
(C) Request
for review of whether a proposed action is exempt from new source review 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(3).
(d) Table 3 lists the 2023 fees for review of
a requested change to an existing order of approval.
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
|
(e)
Ecology will post a new fee schedule for the fees in this section starting in
2024 in accordance with WAC
173-455-031.
(4) Fees for review of an application for
coverage under a general order of approval (WAC
173-400-560).
(a) Category A consists of the following
general order of approval, including any subsequent updating or replacement:
(i) Concrete batch plants (No.
08-AQG-002);
(ii) Perchloroethylene
dry cleaners using less than 2100 gallons per year (No. 06-AQG-003);
(iii) Stationary and portable rock crushers
(No. 11AQ-GO-001);
(iv) Small water
heaters and steam generating boilers (No. 08-AQ-G003); and
(v) Automobile body repair and refinishing
shops (No. 08-AQG-001).
(b) Category B includes a general order of
approval developed on or after January 1, 2011. Category B covers, but is not
limited to, the following general order of approval, including any subsequent
updating or replacement:
(i) Portable and
stationary asphalt plants (No. 10AQ-GO-01); and
(ii) Dairy manure anaerobic digesters (No.
12AQ-GO-01).
(c) Table 4
lists the 2023 fees for Category A and B reviews of applications for coverage
under a general order of approval.
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
|
(d)
Ecology will post a new fee schedule for the fees in this section starting in
2024 in accordance with WAC
173-455-031.
(5) Fees for review of a relocation notice
for a portable source in ecology's jurisdiction under WAC
173-400-036
(a) Table 5 lists the 2023 fees for review of
a relocation notice for a portable source.
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
|
(b)
Ecology will post a new fee schedule for the fees in this section starting in
2024 in accordance with WAC
173-455-031.
(6) Fees for review of a request to establish
a voluntary emission limit (WAC
173-400-091).
(a) This fee applies to a regulatory order
issued under WAC
173-400-091 that places a limit
on emissions.
(i) This fee applies to the
review of 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.
(b) Table 6 lists the 2023 fees to establish
a voluntary emission limit.
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
|
(c)
Ecology will post a new fee schedule for the fees in this section starting in
2024 in accordance with WAC
173-455-031.
(7) Fees for review of a request to replace
or substantially alter control technology without an increase in emissions
(
RCW
70A.15.2220).
(a) Table 7 lists the 2023 fees for review of
a request to replace or substantially alter control technology without an
increase in emissions.
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
|
(b)
Ecology will post a new fee schedule for the fees in this section starting in
2024 in accordance with WAC
173-455-031.
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).
(a) Table 8 lists the 2023 fees for the
review of a request for prevention of significant deterioration (PSD)
determination.
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
|
(b)
Ecology will post a new fee schedule for the fees in this section starting in
2024 in accordance with WAC
173-455-031.
(9) Fees for nonattainment area major new
source review.
(a) Table 9 lists the 2023 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
|
(b)
Ecology will post a new fee schedule for the fees in this section starting in
2024 in accordance with WAC
173-455-031.
(10) Fees for review of plant-wide
applicability limits (WAC
173-400-720).
(a) Table 10 lists the 2023 fees for review
of requests to establish plant-wide applicability limits.
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
|
(b)
Ecology will post a new fee schedule for the fees in this section starting in
2024 in accordance with WAC
173-455-031.
Other fees.
(11) Table 11 lists the 2023 fees for all
other permitting actions, including second and third tier reviews.
(a) A second tier petition (WAC
173-460-090) 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 85 hours.
(b) The fee listed in Table 11 for third tier
review (WAC
173-460-100) does not apply to a
second tier petition that becomes a third tier petition under (a) of this
subsection.
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
|
(c)
Ecology will post a new fee schedule for the fees in this section starting in
2024 in accordance with WAC
173-455-031.
(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.
(a) Small business reduction.
(i) To qualify for a small business
permitting 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 section,
demonstrating that the business meets the requirements of a small business as
required under subsection (1)(a) of this section.
(iii) For small businesses that ecology
determines are eligible for a small business fee reduction under (a)(ii) of
this subsection, ecology shall reduce the permitting fee to the greater of:
(A) Fifty percent of the permitting 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 permitting 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
permitting fee below $125.
(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.
