reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-323 - Grants And Loans › Section 173-323-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
Agreement effective date
means the date on which
				the grant or loan agreement becomes effective, as specified in the grant or
				loan agreement. This is the earliest date eligible costs can be
				incurred.
Agreement expiration date
means the latest date
				eligible costs can be incurred, as specified in the grant or loan
				agreement.
Competitive grants and loans
mean grants or loans
				that are evaluated and awarded based on prioritization, scoring, or
				ranking.
Ecology
means the Washington state department of
				ecology.
Eligible costs
mean costs that meet all criteria
				established in the agreement and grant or loan program funding
				guidelines.
Formula grants and loans
mean grants or loans
				awarded based on distribution factors, such as population.
Grant
means an award of financial assistance given
				to a recipient to carry out work for a public purpose or public good authorized
				by law.
Grant or loan agreement or agreement
means the
				formal, written, contractual document that details the terms and conditions,
				scope of work, budget, and schedule of the grant or loan, and that is signed by
				the authorized signatories of the recipient and ecology.
Grant or loan program
means a financial assistance
				program with a distinct set of requirements that provides grant or loan funding
				to eligible applicants.
Loan
means an agreement involving lending money to
				a recipient.
One-time grant or loan
means a grant or loan that
is not formula or competitive and
involves one or more of the
				following:
(a) Designation by the legislature or governor; such as a
				recipient, project, or type of work.
(b) Identification of recipient(s) based on input from an
				advisory or stakeholder group(s).
(c) An environmental or human health emergency, priority, or
				concern.
Signature date
means the date the ecology
				authorized signatory signs the agreement.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-323 - Grants And Loans › Section 173-323-030 - Grant and loan announcements

Current through Register Vol. 24-14, July 15, 2024
Competitive and formula grants and loans
(1) Ecology must announce the availability of
			 funding opportunities for competitive and formula grants and loans. The
			 announcement must include, at a minimum, a description of:
(a) Purpose of the grant or loan.
(b) Funding cycle for the grant or
			 loan.
(c) Amount of funding
			 available, if known.
(d)
			 Eligibility criteria for the grant or loan.
(e) Information about how to apply.
(f) Application deadlines.
(g) Ecology contact information.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-323 - Grants And Loans › Section 173-323-040 - Application

Current through Register Vol. 24-14, July 15, 2024
(1) All applicants
			 must use the electronic system identified by ecology to apply for grants and
			 loans. Applicants without access to the electronic system must use a process
			 approved by ecology.
(2) The
			 applicant must complete the application process and provide all required
			 information, including:
(a) Applicant
			 information.
(b) Project location
			 and description.
(c) Scope of work
			 and tasks for the project.
(d)
			 Requested funding amount for the project.
(e) Any other information required by ecology
			 for the specific type of grant or loan.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-323 - Grants And Loans › Section 173-323-050 - Evaluation process

Current through Register Vol. 24-14, July 15, 2024
(1) Ecology
			 reviews and evaluates applications to determine eligibility and
			 funding.
(2) Ecology determines
			 project funding based on a grant or loan program evaluation process.
(3) Ecology evaluates all applications
			 submitted within all required deadlines.
Competitive and formula grants and loans
(4) When evaluating competitive and formula
			 grant and loan applications, ecology considers:
(a) Eligibility of the applicant and whether
			 the project meets the eligibility criteria.
(b) Whether the application demonstrates all
			 of the following:
(i) Readiness to
			 proceed.
(ii) Feasibility of the
			 project.
(iii) Availability of
			 matching funds, if applicable.
(c) The applicant's past grant or loan
			 performance.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-323 - Grants And Loans › Section 173-323-060 - Awarding funds

Current through Register Vol. 24-14, July 15, 2024
(1) Ecology must
			 award grants and loans:
(a) Consistent with
			 all federal and state laws and rules authorizing the funding and any specific
			 direction by the legislature.
(b)
			 Subject to available funds.
(c)
			 Based on evaluations of grant or loan applications submitted.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-323 - Grants And Loans › Section 173-323-070 - Grant or loan agreement

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Ecology works with the recipient to prepare the grant or loan
			 agreement.
(2) A grant or loan
			 agreement issued and managed in ecology's electronic system must include, at a
			 minimum:
(a) Project description.
(b) Expected outcomes.
(c) Project budget and funding
			 distribution.
(d) Agreement
			 effective date and expiration date.
(e) Description of tasks and
			 deliverables.
(f) Contact
			 information for ecology and the recipient.
(g) Signatures of authorized
			 signatories.
(h) General terms and
			 conditions that specify requirements related, but not limited to:
(i) Amendments and modifications.
(ii) Assignment limits on transfer of rights
			 or claims.
(iii) Inadvertent
			 discovery of human remains and/or cultural resources.
(iv) Compliance with all laws.
(v) Conflict of interest.
(vi) Disputes.
(vii) Environmental data standards.
(viii) Governing law.
(ix) Indemnification.
(x) Independent status of the parties to the
			 agreement.
(xi) Order of precedence
			 for laws, rules, and the agreement.
(xii) Property rights, copyrights, and
			 patents.
(xiii) Records, audits,
			 and inspections.
(xiv) Recovery of
			 funds.
(xv) Severability.
(xvi) Suspension.
(xvii) Sustainable practices.
(xviii) Termination.
(xix) Third-party beneficiary.
(xx) Waiver of agreement
			 provisions.
(i) Special
			 terms and conditions, if any.
(j)
			 Agreement-specific terms and conditions, if any.
(k) General federal conditions, if any.
(l) Other items, if any, necessary
			 to meet the goals of the grant or loan program.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-323 - Grants And Loans › Section 173-323-080 - Amendments to the grant or loan agreement

Current through Register Vol. 24-14, July 15, 2024
(1) A change to any of the following items
			 requires an amendment to the agreement:
(a)
			 Scope of work or the objectives of the project.
(b) Budget, whether for an increase or
			 decrease.
(c) Funding, whether for
			 an increase or decrease.
(d)
			 Redistributing costs among budget tasks that exceed ten percent deviation of
			 the total eligible costs of the funding distribution.
(e) Funding distributions, including share
			 percentages.
(f) Agreement
			 effective or expiration date, whether to shorten or extend.
(g) Special terms and conditions or
			 agreement-specific terms and conditions.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-323 - Grants And Loans › Section 173-323-090 - Performance standards

Current through Register Vol. 24-14, July 15, 2024
General provisions
(1) Nothing in this chapter influences,
			 affects, or modifies existing ecology programs, rules, or enforcement of
			 applicable laws and rules relating to activities funded by a grant or
			 loan.
(2) Ecology and the recipient
			 must fulfill their obligations under the terms of a grant or loan
			 agreement.
(3) Ecology, or an
			 auditor authorized by the state of Washington, may audit or inspect a
			 recipient's grant or loan agreements and records.
(4) New ecology grant and loan agreements
			 signed after the effective date of this chapter must be managed using ecology's
			 designated electronic system. A recipient who cannot access the electronic
			 system to meet a deadline or agreement requirements must use a process approved
			 by ecology.
(5) Ecology may perform
			 site visits to monitor the project, evaluate performance, and document
			 compliance or any other conditions of the agreement.
Recipient standards
(6) Recipients must:
(a) Follow all applicable accounting and
			 auditing laws and rules related to grants and loans.
(b) Use funds according to the
			 agreement.
(c) Use funds according
			 to the recipient's own policies and procedures, and according to all applicable
			 laws and rules.
(d) Comply with all
			 applicable laws, rules, orders, and permits when carrying out activities
			 authorized by the agreement.
(e)
			 Obtain preapproval for equipment purchases over the amount specified in the
			 agreement.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-323 - Grants And Loans › Section 173-323-100 - Reimbursement

Current through Register Vol. 24-14, July 15, 2024
(1) Ecology will
			 only reimburse eligible costs incurred between the effective date and the
			 expiration date of an agreement.
(a) Ecology
			 will not reimburse costs until on or after the signature date of an
			 agreement.
(b) Any costs incurred
			 before the signature date are at the recipient's risk.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-323 - Grants And Loans › Section 173-323-110 - Closing out the agreement

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 recipient must follow the closeout requirements in the agreement.
(2) Ecology is not obligated to reimburse the
			 recipient the final payment if the recipient does not meet all closeout
			 requirements within the time frames in the agreement.
(3) Ecology will close out the grant or loan
			 agreement when it determines the recipient has met the closeout requirements or
			 when the agreement has been terminated (see WAC 173-323-120).
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-323 - Grants And Loans › Section 173-323-120 - Termination of agreement

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Failure by the recipient to comply with a grant or loan agreement may result in
			 termination of the agreement.
(2)
			 Ecology will attempt to contact the recipient regarding any issues with
			 agreement compliance prior to terminating an agreement.
(3) Ecology's ability to make payments is
			 contingent on availability of funding. In the event funding from state,
			 federal, or other sources is withdrawn, reduced, or limited in any way after
			 the effective date and prior to completion or expiration date of the agreement,
			 ecology, at its sole discretion, may elect to terminate the agreement, in whole
			 or part, or renegotiate the agreement, subject to new funding limitations or
			 conditions. Ecology may also elect to suspend performance of the agreement
			 until ecology determines the funding insufficiency is resolved.
(4) Ecology will document the termination of
			 an agreement.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-326 - Commercial low-level radioactive waste disposal - Site use permits › Section 173-326-030 - Requirements for generators and brokers using the Hanford low-level radioactive waste disposal facility (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-328 - Mixed waste management fees › Section 173-328-010 - Purpose and authority

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 purpose of this chapter is to implement the provisions of
			 RCW
			    70.105.280, by establishing a means for the
			 department of ecology to assess reasonable mixed waste management fees against
			 facilities that treat, store, or dispose of mixed waste and against mixed waste
			 facilities undergoing closure under
			 chapter
			 70.105 RCW. The fee
			 collected shall be sufficient to fund all costs of carrying out the
			 department's duties under
			 chapter
			 70.105 RCW at mixed waste
			 facilities.
(2) This chapter
			 establishes the method by which the department shall assess fees, describes
			 entities subject to such fees, establishes provisions for appealing and
			 enforcing fee assessments, and delineates associated responsibilities of the
			 department and facility owners and operators.
Statutory Authority:
				  RCW
				  70.105.280. 93-09-065 (Order 91-24), §
				  173-328-010, filed 4/20/93, effective
				  5/21/93.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-328 - Mixed waste management fees › Section 173-328-020 - Applicability

Current through Register Vol. 24-14, July 15, 2024
This chapter applies to any person who owns or operates a
				facility that treats, stores, or disposes of mixed waste. This also applies to
				mixed waste facilities undergoing closure under
				chapter
				70.105 RCW. This chapter
				does not apply to facilities managing only low-level radioactive
				waste.
Statutory Authority:
				  RCW
				  70.105.280. 93-09-065 (Order 91-24), §
				  173-328-020, filed 4/20/93, effective
				  5/21/93.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-328 - Mixed waste management fees › Section 173-328-030 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) The following
			 terms are used and shall have meanings as defined in
			 chapter
			 70.105 RCW or WAC
			 173-303-040 as amended:
(a) Closure;
(b) Dangerous waste;
(c) Department;
(d) Disposal;
(e) Facility;
(f) Operator;
(g) Permit;
(h) Storage; and
(i) Treatment.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-328 - Mixed waste management fees › Section 173-328-040 - Fee establishment

Current through Register Vol. 24-14, July 15, 2024
The department shall, on a biennial basis, determine all
				reasonable program costs necessary to carry out the department's duties under
				chapter 173-303 WAC for each mixed waste facility. The fee may be assessed at a
				mixed waste facility for the department's regulation of both mixed waste and
				nonradioactive dangerous waste. The department shall include, but not be
				limited to, the following items to determine fee amounts:
(1) Direct and indirect cost of:
(a) Office space and supplies, administrative
			 staff, support staff, and staff training;
(b) The development of associated regulations
			 and guidelines;
(c) Determination,
			 assessment, and collection of fees;
(d) Tracking and accounting
			 services;
(e) Public involvement,
			 education, and outreach; and
(f)
			 Data management.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-328 - Mixed waste management fees › Section 173-328-050 - Fee review and comment

Current through Register Vol. 24-14, July 15, 2024
Fee review process.
(1) On or before July 1st of even-numbered
			 calendar years, the department shall notify, by registered mail, each facility
			 owner/operator of its biennial estimated fee assessment and provide the
			 opportunity to review and comment prior to submittal of the department's budget
			 to the legislature.
(2) The
			 facility owner/operator shall have forty-five days to submit written comments
			 to the department for consideration in the fee assessment.
(3) Prior to submittal of the department's
			 budget to the legislature, the department shall notify the facility
			 owner/operator of any changes to their estimated fee assessment.
Statutory Authority:
				  RCW
				  70.105.280. 93-09-065 (Order 91-24), §
				  173-328-050, filed 4/20/93, effective
				  5/21/93.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-328 - Mixed waste management fees › Section 173-328-060 - Fee assessment

Current through Register Vol. 24-14, July 15, 2024
(1)
			 After legislative approval of a budget for the department, the department may
			 bill the facility owner/operator the required fees necessary to fund all mixed
			 waste management costs.
(2)
			 Anticipated fees. Anticipated fees include, but are not limited to, costs for
			 permit issuance, permit maintenance, closure plan approval, and compliance
			 audits.
(a) The department shall annually
			 bill the owners/operators of all mixed waste facilities on or before October
			 1st for anticipated department activities to be performed that fiscal
			 year.
(b) The department shall
			 notify a facility owner/operator of any changes to the biennial estimate prior
			 to sending each annual bill.
(c)
			 The fee shall be submitted by the facility owner/operator to the department
			 within thirty days after receipt of the bill.
(d) Any fees collected in excess of the
			 department's actual costs will be adjusted in the subsequent billing to reflect
			 the department's actual activities.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-328 - Mixed waste management fees › Section 173-328-070 - Appeals and enforcement

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 owner/operator of a facility who is assessed a fee under this chapter may
			 appeal the fee to the department. The appeal must be received by the department
			 within thirty days after the facility owner/operator's receipt of the bill. Any
			 appeal shall state the name and address of the facility to which the fee was
			 assessed, and shall state reasons for challenging the fee.
(2) After receipt of an appeal, the
			 department shall consider the reasons stated in the appeal and either issue a
			 revised bill or a statement upholding the original bill. The issuance of either
			 document shall constitute the final decision of the department.
(3) The department shall not take any
			 enforcement action for failure to pay the assessed fee until resolution of the
			 appeal.
(4) The fee stated in the
			 department's final decision shall be submitted by the facility owner/operator
			 to the department within thirty days after receipt of the final
			 decision.
(5) Any person who fails
			 to pay fees as required by this chapter shall be subject to enforcement actions
			 consistent with
			 chapter
			 70.105 RCW. Such
			 enforcement may include penalties in accordance with
			 RCW
			    70.105.080,
			 70.105.090, and
			 70.105.095.
(6) Payment of enforcement penalties shall
			 not be deemed as payment of fees. Payment of fees after the assessment of an
			 enforcement penalty shall not be deemed as a cause for reducing or eliminating
			 the penalty.
Statutory Authority:
				  RCW
				  70.105.280. 93-09-065 (Order 91-24), §
				  173-328-070, filed 4/20/93, effective
				  5/21/93.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-330 - Used automotive oil recycling sign requirements for automotive oil sellers › Section 173-330-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
Pursuant to chapter 19.114 RCW it is recognized by the
				legislature that used automotive oil is a limited resource that can be
				collected and recycled. Further, improper disposal results in undesirable
				effects upon the economy and the environment.
These rules provide minimum requirements for the posting and
				maintaining of durable and legible signs informing the public of proper
				collection and disposal of used oil.
Statutory Authority: Chapter 19.114 RCW. 84-16-005 (Order DE
				  84-24), § 173-330-010, filed
				  7/19/84.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-330 - Used automotive oil recycling sign requirements for automotive oil sellers › Section 173-330-020 - Applicability

Current through Register Vol. 24-14, July 15, 2024
All sellers as defined in WAC
				173-330-030 shall conform to the
				provisions of this chapter.
Statutory Authority: Chapter 19.114 RCW. 84-16-005 (Order DE
				  84-24), § 173-330-020, filed
				  7/19/84.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-330 - Used automotive oil recycling sign requirements for automotive oil sellers › Section 173-330-030 - Definitions

Current through Register Vol. 24-14, July 15, 2024
Unless the context clearly requires otherwise, the definitions
				in this section apply throughout this chapter.
(1) "Used oil" means automotive oil which
			 through use, storage, or handling has become unsuitable for its original
			 purpose due to the presence of impurities or the loss of original
			 properties.
(2) "Recycle" means to
			 prepare used oil for reuse as a petroleum product by refining, rerefining,
			 reclaiming, reprocessing, or other means or to use used oil as a substitute for
			 a petroleum product made from new oil, provided that the preparation or use is
			 operationally safe, environmentally sound, and complies with all laws and
			 rules.
(3) "Department" means the
			 department of ecology.
(4)
			 "Director" means the director of the department of ecology.
(5) "Person" means an individual, private or
			 public corporation, partnership, cooperative, association, estate,
			 municipality, political subdivision or governmental agency or
			 instrumentality.
(6) "Seller" means
			 any person selling oil within the state of Washington who sells 100 gallons or
			 more of automotive oil per year for use off their premises.
Statutory Authority: Chapter 19.114 RCW. 84-16-005 (Order DE
				  84-24), § 173-330-030, filed
				  7/19/84.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-330 - Used automotive oil recycling sign requirements for automotive oil sellers › Section 173-330-040 - Responsibility to procure and post sign

Current through Register Vol. 24-14, July 15, 2024
It shall be the responsibility of all sellers to procure, post
				and maintain a sign in accordance with the provisions within this chapter.
				Signs will be provided by the department.
Statutory Authority: Chapter 19.114 RCW. 84-16-005 (Order DE
				  84-24), § 173-330-040, filed
				  7/19/84.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-330 - Used automotive oil recycling sign requirements for automotive oil sellers › Section 173-330-050 - Sign criteria

Current through Register Vol. 24-14, July 15, 2024
(1) A sign shall
			 be constructed of white card stock - 80# or of equal or better weight and
			 quality material and:
a.Be commercially
			 printed;
b.Be size 11" x 14" or 3"
			 x 5" shelf hangers;
c.Have type
			 style - Helvetica;
d.Have type
			 color - Green #345; and e. Carry the recycling logo.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-330 - Used automotive oil recycling sign requirements for automotive oil sellers › Section 173-330-060 - Posting and maintenance of signs

Current through Register Vol. 24-14, July 15, 2024
(1) Signs shall be posted in a location
			 visible to the public at or near the point of sale. This location shall either
			 be at the automotive oil display location within the store, at the cash
			 register or on the exterior window facing.
(2) Signs shall be maintained at the required
			 location and shall remain fully visible and legible at all times.
(3) Requests for replacement of damaged, lost
			 or misplaced signs will be made in a timely manner not to exceed two business
			 days. Seller-provided signs should be replaced as soon as practical but not to
			 exceed fourteen days.
Statutory Authority: Chapter 19.114 RCW. 84-16-005 (Order DE
				  84-24), § 173-330-060, filed
				  7/19/84.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-330 - Used automotive oil recycling sign requirements for automotive oil sellers › Section 173-330-070 - Effective date and compliance

Current through Register Vol. 24-14, July 15, 2024
(1) This chapter shall become effective
			 October 1, 1984. Sellers shall post signs in accordance with the provisions of
			 this chapter as of that date.
(2)
			 Sellers shall notify the department in writing by January 1, 1985 of
			 compliance.
Statutory Authority: Chapter 19.114 RCW. 84-16-005 (Order DE
				  84-24), § 173-330-070, filed
				  7/19/84.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-330 - Used automotive oil recycling sign requirements for automotive oil sellers › Section 173-330-900 - Logo and sign

Current through Register Vol. 24-14, July 15, 2024
Click to view
							 image
Statutory Authority: Chapter 19.114 RCW. 84-16-005 (Order DE
				  84-24), § 173-330-900, filed
				  7/19/84.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-455 - Air quality fee rule › Section 173-455-010 - Overview

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to consolidate most of the air
				quality related fees into one chapter. This will allow the regulated community
				easier access to applicable fees.
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. 12-24-051 (Order 11-07), § 173-455-010,
				  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 . 07-11-018 (Order 06-14), §
				  173-455-010, filed 5/3/07, effective
				  6/3/07.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-455 - Air quality fee rule › Section 173-455-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The definitions of terms contained in chapter 173-400 WAC are
				incorporated by reference. Unless a different meaning is clearly required by
				context, the following words and phrases as used in this chapter shall have the
				following meanings:
(1)
"Fossil
			 fuel"
means natural gas, petroleum, coal, or any form of solid, liquid,
			 or gaseous fuel derived from such material to produce heat for the generation
			 of electricity.
(2)
"Solid
			 fuel burning device"
(same as solid fuel heating device) means a device
			 that burns wood, coal, or any other nongaseous or nonliquid fuels, and includes
			 any device burning any solid fuel except those prohibited by WAC
			 173-433-120. This also includes
			 devices used for aesthetic or space-heating purposes in a private residence or
			 commercial establishment, which has a heat input less than one million British
			 thermal units per hour.
(3)
"Weather modification and control"
means changing or attempting to
			 change or control by artificial methods, the natural development of any or all
			 atmospheric cloud forms or precipitation forms which occur in the
			 troposphere.
Statutory Authority:
				  RCW
				  70.94.181, [70.94.]152,[70.94.]331, [70.94.]650, [70.94.]745, [70.94.]892. 07-11-018 (Order 06-14), §
				  173-455-020, filed 5/3/07, effective
				  6/3/07.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-455 - Air quality fee rule › Section 173-455-030 - Applicability

Current through Register Vol. 24-14, July 15, 2024
(1) The provisions
			 of this chapter apply to air quality related activities regulated by the
			 department of ecology.
(2) The
			 solid fuel retail sales fee in WAC
			 173-455-060 and the weather
			 modification fee in WAC
			 173-455-070 apply statewide. All
			 other provisions of this chapter do not apply in counties regulated by a local
			 air agency.
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. 12-24-051 (Order 11-07), § 173-455-030,
				  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 . 07-11-018 (Order 06-14), §
				  173-455-030, filed 5/3/07, effective
				  6/3/07.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-455 - Air quality fee rule › Section 173-455-031 - Process to update fees

Current through Register Vol. 24-14, July 15, 2024
(1) New source
			 review and other air permitting fees for year 2024 and beyond.
(a) Fee schedule:
(i) Starting in 2023, ecology must prepare an
			 annual budget that reflects the cost of the program;
(ii) Ecology will base the budget on the
			 program costs per
			 RCW
			    70A.15.2210(2);
(iii) Ecology may choose to establish fees to
			 cover program costs for a two-year period;
(iv) If increases of permitting fees are
			 necessary, ecology must evenly distribute the increased program cost as a
			 percentage of the increased costs across all sources subject to the
			 program.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-455 - Air quality fee rule › Section 173-455-035 - Fee requirement

Current through Register Vol. 24-14, July 15, 2024
All programs and services in this chapter require a fee. Unless
				otherwise stated, no approval of a permit or service for any activity covered
				in this chapter will be valid until the required fee is paid in
				full.
Statutory Authority:
				  RCW
				  70.94.181, [70.94.]152,[70.94.]331, [70.94.]650, [70.94.]745, [70.94.]892. 07-11-018 (Order 06-14), §
				  173-455-035, filed 5/3/07, effective
				  6/3/07.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-455 - Air quality fee rule › Section 173-455-036 - Fee increases

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Ecology may adjust fees for the registration program based on the cost of
			 administering the registration program consistent with
			 RCW
			    70.94.151(2), and WAC
			 173-455-039 and
			 173-455-040.
(2) Ecology may propose fee increases based
			 on a workload analysis for increasing any of the following fees:
(a) Carbon dioxide mitigation program fees in
			 WAC
			 173-455-050;
(b) Weather modification fees in WAC
			 173-455-070;
(c) Control technology fees in WAC
			 173-455-100;
(d) New source review fees in WAC
			 173-455-120;
(e) Air pollution standards variance fee in
			 WAC
			 173-455-130;
			 and
(f) Nonroad engine permit fee
			 in WAC
			 173-455-140.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-455 - Air quality fee rule › Section 173-455-038 - Fees not included

Current through Register Vol. 24-14, July 15, 2024
This chapter contains all fees required by the air quality
				program except the following:
(1) Air
			 operating permit - Fees can be found in chapter 173-401 WAC.
(2) Agricultural burning - Fees can be found
			 in chapter 173-430 WAC.
(3)
			 Reporting of emissions of greenhouse gases - Fees can be found in chapter
			 173-441 WAC.
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. 12-24-051 (Order 11-07), § 173-455-038,
				  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 . 07-11-018 (Order 06-14), §
				  173-455-038, filed 5/3/07, effective
				  6/3/07.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-455 - Air quality fee rule › Section 173-455-039 - Source registration tiers

Current through Register Vol. 24-14, July 15, 2024
(1) A source loses its registration status
			 when a registration fee has not been paid.
(2) Source registration tiers. For the
			 purpose of assessing registration fees, ecology must assign sources required to
			 register with ecology to one of six tiers based on emissions in Table 1 in (b)
			 of this subsection.
(a) Ecology must use the
			 following emissions inventory for each source:
(i) Emissions in an inventory include
			 particulate matter 10 (PM10), volatile organic compound
			 (VOC), carbon monoxide (CO), nitrogen oxide (NOx) and sulfur dioxide
			 (SO2).
(ii)
			 If emissions information is unavailable, ecology will use the enforceable
			 emissions limitations for the source and/or will estimate emissions using the
			 source's maximum capacities and production rates.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-455 - Air quality fee rule › Section 173-455-040 - Source registration fees

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Registration fee. Each source required to register with ecology must pay an
			 annual fee based on the source registration tier to which it is assigned in WAC
			 173-455-039.
(2) Source closure. A
			 source that closes or shuts down temporarily must pay its registration fee to
			 maintain active registration status.
(3) Registration fee schedule for years 2019,
			 2020, 2021.
(a) Table 2 lists annual
			 registration fees for 2019, 2020, and 2021.
Table 2 Registration Fee Schedule for 2019 Through
				2021
Tier
Fee 2019
Fee 2020
Fee 2021
1
$200
$200
$200
2
$400
$575
$700
3
$700
$1,000
$1,300
4
$1,100
$1,300
$1,500
5
$5,000
$5,500
$7,000
6
$7,000
$7,500
$8,000
(b) The
			 registration fee for mint distilleries is $200 for 2019, 2020, and 2021. For
			 2022 and beyond, the registration fee for mint distilleries will be assessed
			 according to their total emissions.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-455 - Air quality fee rule › Section 173-455-050 - Carbon dioxide mitigation program fees

Current through Register Vol. 24-14, July 15, 2024
(1)
Statutory
			 authorization.
RCW
			    70A.15.6270 authorizes ecology to determine,
			 assess, and collect fees sufficient to cover costs to review and approve or
			 deny the carbon dioxide mitigation plan components of an order of approval for
			 a facility. Ecology may also collect fees sufficient to cover the additional
			 costs to monitor the source's conformance to the carbon dioxide mitigation
			 plan.
(2)
Fees.
Table
			 1 in this subsection lists the fees for the carbon dioxide mitigation program
			 for 2023. These fees are additional to the fees established in WAC
			 173-455-120, when the carbon
			 dioxide mitigation plan requirements are triggered.
Table 1 Carbon Dioxide Mitigation Program 2023 Fee
				Schedule
Activity
Fee
Application review
$119.00/hr. not to exceed $595.00
Mitigation plan approval Payment to third party
$125.001
Mitigation plan approval Purchase of CO2 credits
$119.00/hr.2
Mitigation plan approval Direct investment
$119.00/hr.
Routine compliance monitoring Payment to third
						  party
$125.00 annually until full amount paid
Routine compliance monitoring Purchase of CO2
						  credits
$119.00/hr.3
Routine compliance monitoring Applicant controlled
						  project
$119.00/hr.3
1 Fee to cover the cost of checking
				the accuracy of calculations and that the source is using an independent
				qualified organization approved by the energy facility site evaluation council
				per RCW
				   80.70.050.
2 Fee to cover cost of checking that
				the credits will be purchased from a reputable trading or marketing
				organization and will be derived from mitigation that is real, verified,
				permanent, enforceable, and additional per
				RCW
				   80.70.030.
3 Fee to cover the cost of verifying
				and confirming with the trading or marketing organization that the purchased
				credits derive from mitigation that is real, verified, permanent, enforceable,
				and additional per
				RCW
				   80.70.030.
(3) Ecology will post a new fee schedule for
			 the fees in this section starting in 2024 in accordance with WAC
			 173-455-031(2).
(4) The department or authority may use
			 RCW
			    70A.15.1570 to structure a cost-reimbursement
			 agreement with the applicant.
Statutory Authority:
				  RCW
				     70.94.181, [70.94.]152,[70.94.]331, [70.94.]650, [70.94.]745, [70.94.]892. 07-11-018 (Order 06-14), §
				  173-455-050, filed 5/3/07, effective
				  6/3/07.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-455 - Air quality fee rule › Section 173-455-070 - Weather modification fees

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Procedures for issuing license. In accordance with WAC
			 173-495-060, an applicant shall
			 pay a fee of one hundred dollars to the state of Washington to obtain a
			 license.
(2) Period of license. In
			 accordance with WAC
			 173-495-060, an applicant shall
			 pay a fee of one hundred dollars made payable to the state of Washington for a
			 license renewal.
(3) Permit
			 requirements. In accordance with WAC
			 173-495-070, the applicant shall
			 pay a permit fee of one and one-half percent of the estimated cost of the
			 operation. The estimated cost will be computed by ecology from available
			 data.
Statutory Authority:
				  RCW
				  70.94.181, [70.94.]152,[70.94.]331, [70.94.]650, [70.94.]745, [70.94.]892. 07-11-018 (Order 06-14), §
				  173-455-070, filed 5/3/07, effective
				  6/3/07.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-455 - Air quality fee rule › Section 173-455-100 - Fees related to reasonably available control technology (RACT)

Current through Register Vol. 24-14, July 15, 2024
(1) General.
			 Ecology will assess and collect fees as authorized in
			 RCW
			    70A.15.2230(7) and described
			 in subsections (2) through (4) of this section.
(2) Fee schedule for source-specific
			 determinations where ecology performs RACT analysis and determination.
(a) Basic RACT analysis and determination
			 fee:
(i) Low complexity (the analysis
			 addresses one type of emission unit) - One thousand five hundred
			 dollars;
(ii) Moderate complexity
			 (the analysis addresses two to five types of emissions units) - Seven thousand
			 five hundred dollars;
(iii) High
			 complexity (the analysis addresses more than five types of emission units) -
			 Fifteen thousand dollars.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-455 - Air quality fee rule › Section 173-455-120 - New source review and other air permitting fees

Current through Register Vol. 24-14, July 15, 2024
(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.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-455 - Air quality fee rule › Section 173-455-130 - Air pollution standards variance fee

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				     70.94.181, [70.94.]152,[70.94.]331, [70.94.]650, [70.94.]745, [70.94.]892. 07-11-018 (Order 06-14), §
				  173-455-130, filed 5/3/07, effective
				  6/3/07.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-455 - Air quality fee rule › Section 173-455-140 - Nonroad engine permit fee

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				     70.94.152 and   2011 c  5
										§
											301(28).
				  11-12-077 (Order 10-04), § 173-455-140, filed 5/31/11, effective 7/1/11.
				  Statutory Authority:
				  RCW
				     70.94.181,[70.94.]152, [70.94.]331,
				  [70.94.]650, [70.94.]745,[70.94.]892 . 07-11-018 (Order 06-14), §
				  173-455-140, filed 5/3/07, effective
				  6/3/07.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-455 - Air quality fee rule › Section 173-455-150 - Clean fuels program fees

Current through Register Vol. 24-14, July 15, 2024
(1) Fee
			 determination. Credit and deficit generators as defined in WAC
			 173-424-110 must pay an annual
			 fee. Ecology must establish fees based on workload using the process outlined
			 below. The fees must be sufficient to cover ecology's costs to administer the
			 clean fuels program.
(2) Fee
			 eligible activities. All costs of activities associated with implementing and
			 administering the clean fuels program are fee eligible.
(3) Ecology identifies deficit and credit
			 generators based on the following:
(a) In
			 2023, ecology determines deficit and credit generators based on registration
			 information.
(b) In 2024, ecology
			 determines deficit and credit generators based on quarterly reports submitted
			 in 2023.
(c) For all subsequent
			 years, ecology determines deficit and credit generators based on the annual
			 compliance reports required by WAC
			 173-424-430 and covering deficits
			 generated during the previous compliance year.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-455 - Air quality fee rule › Section 173-455-160 - Refrigerant management program fees

Current through Register Vol. 24-14, July 15, 2024
(1)
Entities subject to fees.
Each owner or operator of a
			 refrigeration system or an air conditioning system with a full charge greater
			 than or equal to 200 pounds of a high GWP refrigerant, as defined in WAC
			 173-443-030, in a single refrigerant circuit is subject to fees under the
			 refrigerant management program.
(2)
Types of fees.
Ecology will charge fees to cover the direct and
			 indirect costs of administering and enforcing the refrigerant management
			 program.
(a) Initial implementation fee.
			 Ecology will charge a one-time fee of $150 for each refrigeration or air
			 conditioning system with a full refrigerant charge greater than or equal to
			 1,500 pounds.
(b) Annual
			 implementation fee. Ecology will charge an annual implementation fee each year
			 based on the refrigeration or air conditioning system's refrigerant charge
			 size. For a facility with multiple refrigeration and/or air conditioning
			 systems, the owner or operator must pay an annual implementation fee for each
			 system pursuant to (b)(i) and (ii) of this subsection.
(i) The annual implementation fee is $370 for
			 a refrigeration or air conditioning system with a refrigerant charge greater
			 than or equal to 1,500 pounds.
(ii)
			 The annual implementation fee is $170 for a refrigeration or air conditioning
			 system with a refrigerant charge greater than or equal to 200 pounds, but less
			 than 1,500 pounds.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-460 - Controls for new sources of toxic air pollutants › Section 173-460-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
(1) Pursuant to
			 chapter
			 70.94 RCW, Washington
			 Clean Air Act, the purpose of this chapter is to establish the systematic
			 control of new or modified sources emitting toxic air pollutants (TAPs) in
			 order to prevent air pollution, reduce emissions to the extent reasonably
			 possible, and maintain such levels of air quality as will protect human health
			 and safety. Toxic air pollutants include carcinogens and noncarcinogens listed
			 in WAC 173-460-150.
(2) This chapter establishes three major
			 requirements:
(a) Best available control
			 technology for toxics;
(b) Toxic
			 air pollutant emission quantification;
(c) Human health and safety protection
			 demonstration.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-460 - Controls for new sources of toxic air pollutants › Section 173-460-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The definitions of terms contained in chapter 173-400 WAC are
				incorporated into this chapter by reference. Terms specific to this chapter are
				defined as follows:
(1) "Acceptable
			 source impact analysis" means a procedure for demonstrating compliance with WAC
			 173-460-070, that compares
			 maximum incremental ambient air impacts with applicable acceptable source
			 impact levels (ASIL).
(2)
			 "Acceptable source impact level (ASIL)" means a screening concentration of a
			 toxic air pollutant in the ambient air. The ASIL for each toxic air pollutant
			 is listed in WAC
			 173-460-150.
(3) "Best available control technology for
			 toxics (tBACT)" means best available control technology, as that term is
			 defined in WAC
			 173-400-030, as applied to toxic
			 air pollutants.
(4) "De minimis
			 emissions" means trivial levels of emissions that do not pose a threat to human
			 health or the environment. The de minimis emission threshold values are listed
			 in WAC 173-460-150.
(5) "Increased cancer risk of one in one
			 hundred thousand" means the 95th percent upper bound on the estimated risk of
			 one additional cancer above the background cancer rate per one hundred thousand
			 individuals continuously exposed to a carcinogenic toxic air pollutant at a
			 given average dose for a specified time.
(6) "New or modified toxic air pollutant
			 source" means the construction or modification of a stationary source that
			 increases the amount of any toxic air pollutant emitted by such source or that
			 results in the emission of any toxic air pollutant not previously
			 emitted.
(7) "Small quantity
			 emission rate (SQER)" means a level of emissions below which dispersion
			 modeling is not required to demonstrate compliance with acceptable source
			 impact levels. SQERs are listed in WAC
			 173-460-150.
(8) "Toxic air pollutant (TAP)" means any
			 toxic air pollutant listed in WAC
			 173-460-150.
Statutory Authority: Washington Clean Air Act,
				  RCW
				  70.94.152. 09-11-131 (Order 05-19), §
				  173-460-020, filed 5/20/09, effective 6/20/09. Statutory Authority:
				  Chapter
				  70.94 RCW. 94-03-072
				  (Order 93-19), § 173-460-020, filed 1/14/94, effective 2/14/94. Statutory
				  Authority:
				  RCW
				     70.94.331. 91-13-079 (Order 90-62), §
				  173-460-020, filed 6/18/91, effective
				  9/18/91.