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Comment Period

Air Quality Fee Rule, Chapter 173-455 WAC

Proposed rulemaking

Sept. 7, 2022 - Oct. 20, 2022, 11:59 p.m.

Ecology is revising Chapter 173-455 WAC, Air Quality Fee Rule which lists fees for most air quality-related actions.

The proposed rule:

  • Section -031 – Adds a section to establish a new process to update fees more frequently
  • Updates the hourly fee rate to reflect the new Ecology rate:
    • Section -050 – Carbon dioxide mitigation fee
    • Section -100 – Fee related to reasonably available control technology (RACT)
    • Section -120 – New source review fee
    • Section -130 – Air pollution standards variance fee
    • Section -140 – Nonroad engine permit fee
  • Section -038 – Updates to specify that greenhouse gas reporting fees are in Chapter 173-441 WAC, Reporting of Emissions of Greenhouse Gases.
  • Section -100 – Relocates hourly fee established by RCW 70A.15.2220 for replacement or substantial alteration of control technology to the permit fee section (-120) to improve usability.
  • Removes fees from the text of the rule language and places them in a fee table for improved readability and to facilitate regular fee updates.
  • Updates rule language to improve readability and clarity.
  • Updates outdated references throughout the rule from Chapter 70.94 RCW to Chapter 70A.15 RCW.

Updates are needed to recover program costs for permit issuance and to establish a new streamlined process for future fee revision. There is a widening gap between Ecology's air quality permit fees and permit program costs. The current fees were established based on program costs in 2012.
 

Background

We write rules to implement and enforce state and federal environmental laws and rules.  Ecology follows a three-phase process for rulemaking:

  1. Announcement and development
  2. Proposal
  3. Adoption

For each phase of the process, we update the rulemaking web page and notify interested parties. We also file notice in the Washington State Register. To learn more about Ecology’s rulemaking process, read the Frequently Asked Questions.

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Caitlin Cannon
Washington Department of Ecology
Air Quality Program
P.O. Box 47600
Olympia, WA 98504-7600
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Caitlin Cannon
Rulemaking Lead
caitlin.cannon@ecy.wa.gov
360-489-4046
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