Application Fee and Other Clarifying Updates, Chapters 173-455, 173-400, and 173-50 WAC

We propose to update three rules to support implementation of the Governor's Executive Order 25‑03, Improving Transparency and Building Efficiency in the State’s Permitting and Licensing Processes. The total fee amounts, eligibility criteria, and requirements for these permits and lab accreditation will not change as a result of this rulemaking.

This rulemaking applies to:

• Some air quality permits
  • Notice of construction (NOC) permit
  • Prevention of Significant Deterioration (PSD) permit
• Air quality general orders
  • Asphalt plant
  • Auto body shop
  • Concrete batch plant
  • Dry cleaner
  • Rock crusher
  • Small water heater and steam-generating boiler
• Environmental laboratory accreditation

With this rulemaking, we propose to:

• Clarify in WAC 173-455-120, New source review and other air permitting fees and WAC 173‑400‑111, Processing notice of construction applications for sources, stationary sources, and portable sources:
  • The definition of "application fee"
  • That any fee refunds cannot exceed the amount of the application fee that was originally paid
  • That Ecology will not charge additional fees to recover the cost of a refund
• Remove in WAC 173-455-120
  • Outdated fee language
  • Language about the rescinded general order of approval for dairy anaerobic digesters
• Remove language in WAC 173-50-190, Fee structure that:
  • Provides the fee structure for environmental laboratory accreditation program
  • Prohibits refunds for application fees

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.