Washington Administrative Code › Title - Northwest Clean Air Agency › 300 - CONTROL PROCEDURES › Sec2 322 - AIR OPERATING PERMIT PROGRAM (AOP)

Current through Register Vol. 24-14, July 15, 2024
322.1 Purpose. The
			 purpose of this section is to provide for a comprehensive operating permit
			 program consistent with the requirements of Title V of the Federal Clean Air
			 Act (FCAA) Amendments of 1990 and its implementing regulation  40 CFR Part 70, and RCW  70.94.161 and its implementing regulation Chapter 173-401 of the
			 Washington Administrative Code (WAC).
322.2 Applicability. The provisions of this
			 section shall apply to all sources within the NWCAA jurisdiction excluding
			 those regulated by the Washington State Department of Ecology Industrial
			 Section subject to the requirements of Section 7661(a) of the FCAA or Chapter
			 173-401-300 WAC.
322.3 Compliance.
			 It shall be unlawful for any person to cause or allow the operation of any
			 source subject to the requirements of Chapter 173-401 WAC without complying
			 with the provisions of Chapter 173-401 WAC and any permit issued under its
			 authority.
322.4 Air Operating
			 Permit Fees.
a) The NWCAA shall levy annual
			 operating permit program fees as set forth in this section to cover the cost of
			 administering its operating permit program.
b) Commencing with the effective date of the
			 operating permit program, the NWCAA shall assess and collect annual air
			 operating permit fees in its jurisdiction for any source specified in Section
			 7661(a) of Title V of the FCAA or Chapter 173-401-300 WAC (excluding sources
			 regulated by the Washington State Department of Ecology Industrial Section).
			 The total fees required by the NWCAA to administer the program shall be
			 determined by a workload analysis conducted by the staff and approved annually
			 by a resolution by the Board of Directors. Allocation of the fees to individual
			 affected sources shall be based on the following:
1) Ten percent (10%) of the total fees shall
			 be allocated equally among all affected sources.
2) Ninety percent (90%) of the total fees
			 shall be allocated based on actual emissions of regulated pollutants identified
			 in the most recent annual emission inventory or potential emissions if actual
			 data are unavailable. A regulated pollutant for fee calculation shall include:
Nitrogen oxides (NOX);
Volatile organic compounds (VOC's);
Particulate matter with an aerodynamic particle diameter less
				than or equal to 10 micrometers (PM10);
Sulfur dioxide (SO2);
Lead; and
Any pollutant subject to the requirements under Section 112(b) of the FCAA not included in any of the above categories.
c) Upon assessment by the NWCAA,
			 fees are due and payable and shall be deemed delinquent if not fully paid
			 within 90 days. Any source that fails to pay a fee imposed under this section
			 within 90 days of the due date shall be assessed a late penalty in the amount
			 of 50 percent of the fee. This late penalty shall be in addition to the fee
			 assessed under this section.
d) The
			 NWCAA shall collect and transfer to the Washington State Department of Ecology
			 a surcharge established by the Department of Ecology to cover the Department of
			 Ecology's program development and oversight costs attributable to subject
			 sources within the NWCAA jurisdiction. Fees for the Department of Ecology shall
			 be allocated to affected sources in the same manner specified in this
			 section.
e) An affected source
			 subject to the operating permit program that is required to pay an annual
			 operating permit program fee shall not be required to pay a registration fee as
			 specified in Section 324.