Air Quality > New Source Review Fee Rulemaking

Revision of Chapter 173-455 WAC, Air Quality Fee Rule

Purpose
This rule revision proposes to update the fees Ecology charges for new source review.

Air quality agencies charge fees to cover the cost of administering permit programs. RCW 43.135.055 requires an agency to get legislative approval before increasing these fees. Our current fees do not cover the cost of operating the new source review program. The 2009 legislature authorized Ecology to increase new source review fees in the 2009-2011 biennium.

What is new source review?

New source review is a program Ecology uses to issue pre-construction permits for new sources of air pollution. Washington air quality law and regulations require new sources of air pollution to have pre-construction review and approval before beginning construction on a proposed project.

Ecology’s new source review program has three parts:

• Minor new source review applies to smaller sources that are located in counties under Ecology’s jurisdiction.
• *Prevention of Significant Deterioration (PSD) is a federal program for permitting large commercial and industrial sources.
• *Second and third tier review is a process used to review toxic air emissions that are higher than a specified level.

*Ecology has statewide responsibility for PSD and second tier review.

Which businesses pay fees to Ecology?

Ecology regulates business with air emissions that:

• are in certain locations:
  • Central Region: Chelan, Douglas, Kittitas, Klickitat, Okanogan Counties
  • Eastern Region: Adams, Asotin, Columbia, Ferry, Franklin, Garfield, Grant, Lincoln, Pend Oreille, Stevens, Walla Walla, Whitman Counties
  • Hanford Nuclear Reservation
  • San Juan County

or

• are specific types of businesses, such as:
  • pulp and paper mills
  • aluminum mills

Code Reviser Filings

1. Preproposal statement of inquiry (CR 101) filed April 21, 2010. WSR 10-09-102
2. Proposed rule making notice (CR 102) filed March 1, 2010. WSR 11-06-057

Links

1. Chapter 173-455 WAC, Air Quality Fee Rule
2. WAC 173-400-112, New Source Review Fees
3. RCW 70.94.152, Washington Clean Air Act
4. Engrossed Substitute Senate Bill 1244, Section 302(10), page 106
5. Section 301(28), Chapter 5, Laws of 2011 (ESHB 1086), page 124