Chapter 173-455 WAC

On March 3, 2023, Ecology adopted Chapter 173-455 WAC, Air Quality Fee Rule which lists fees for most air quality-related actions.  This rulemaking updated sections -038, -050, -100, -120, -130, and -140. Ecology also added a new section -031.

The adopted rule:

• Adds Section -031 – Establishes 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
• Updates Section -038 – Specifies that greenhouse gas reporting fees are in Chapter 173-441 WAC, Reporting of Emissions of Greenhouse Gases
• Moves the following sections to improve usability
  • Section -100 – Hourly fees established by RCW 70A.15.2220 for replacement or substantial alteration of control technology to the permit fee section (-120)
  • Section -130 – Air pollution standards variance fee to the permit fee section (-120)
  • Section -140 – Nonroad engine permit fee to the permit fee section (-120)
• 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• Updates outdated references throughout the rule from Chapter 70.94 RCW to Chapter 70A.15 RCW.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 were 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.