Chapter 173-455 WAC – Air Quality Fee Rule

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  • Updates outdated references throughout the rule from Chapter 70.94 RCW to Chapter 70A.15 RCW.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.

Rulemaking timeline


Announcement phase (CR-101)

Filing date:
Sept. 23, 2021

Announcement documents

Rule development phase

September 23, 2021 – September 6, 2022

Public input & involvement

Ecology's meetings with stakeholders

Date Documents Location
May 18, 2022
2 p.m. – 4:30 p.m.
Draft rule language
Draft fee schedule
Meeting summary

webinar 1

June 8, 2022
1 p.m. – 3:30 p.m.
Meeting summary
webinar 1

1 Webinar information:
   Register for each webinar to get your meeting ID and passcode.
   To hear the webinar better or to call in only, use your phone (instead of the computer) to call 253‑215‑8782.

Rule proposal phase (CR-102)

Filing date:
Sept. 7, 2022

Rule proposal documents:

Comment period

Comments were due by October 20, 2022. We accepted comments in the following ways:

  • Attend a public hearing online (webinar):
    October 13, 2022 at 1 p.m.
  • Mail to:  Caitlin Cannon
       Department of Ecology
       Air Quality Program
       P.O. Box 47600
       Olympia, WA  98504-7600

Public hearing

Date/Time:  October 13, 2022 at 1 p.m. online webinar

Location:  online (webinar)
    Register for the webinar to get your access code and password.
    To hear the webinar better or to call in only, use your phone (instead of the computer) to call 253‑215‑8782.

AgendaPresentation, question-and-answer session, followed by public hearing

Accessibility:  To request ADA accommodation for the public hearing, email Ecology’s ADA coordinator by October 4, 2022.  Or call (360) 407-6831, 711 (relay service), or 877-833-6341 (TTY).

Additional languages

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To request ADA accommodation for disabilities, or printed materials in a format for the visually impaired, contact Ecology's ADA Coordinator by email at, or call 360-407-6831. People with impaired hearing may call Washington Relay Service at 711. People with speech disability may call TTY at 877-833-6341.