[COMMERCIAL REQUIREMENTS]
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What are the requirements if my business is a new source of air pollution in Benton County, or is modifying our existing source of air pollution?
Facilities that are permanently located in Benton County and are:
- installing new equipment that produces air pollution, or
- modifying existing equipment that produces air pollution, or
- changing fuel type (e.g. diesel to natural gas) or usage rates, or
- changing an operation that would change the amount of air pollution produced,
There are several steps to this process. First, a SEPA Checklist and a Determination of Non-Significance (DNS) are required before the BCAA can allow the facility to operate. This is a state requirement on the BCAA. Generally, other agencies, such as the county or cities, will have already issued a DNS for a project. If not, then the BCAA can issue a DNS ($100.00 processing fee). Usually if a DNS does not exist, the process will take a minimum of fourteen (14) days to issue the DNS. Facilities should plan for this potential delay.
Once the DNS is in place, the owner or operator of the facility next files a Notice of Construction, or NOC, application to the BCAA, using forms downloadable from the previous page. The most common facility operations have forms specific to the operation; facilities that are not specifically listed can use the "General NOC" form. In addition to the form, other information, such as engineering drawings, process flow diagrams, modeling, or emission testing, may be required.
After the NOC application has been submitted and the application fee paid, the BCAA has 30 days to review the application and to determine if it is complete. If the application is determined to be incomplete, the 30-day clock is reset. Therefore, it is in the best interest of the source that the application is complete and accurate.
Once determined to be complete, the BCAA has 60 days to issue an Order of Approval (permit) to operate. Usually the process is less than 60 days, but in some cases, especially in unusual or complicated facilities, the process may last longer. The facility should consider this during the planning phase. In preparing the Order, BCAA staff and engineering time will be billed to the applicant at a rate of $70/hour. In some cases, it may be beneficial to the facility to hire a consultant to complete and submit the NOC application.
The final product is an Order of Approval to operate, which will outline the specific requirements under federal, state, and local air quality regulations that will allow the source to operate in compliance with the law. The source can expect several inspections, both announced and unannounced, and may be required to register as an air pollution source.
Sources that do not follow the NOC process are subject to enforcement action under Washington State law. If a facility has any questions about the process, a representative should contact the BCAA.
BCAA Regulation 1 has two sections of interest to sources. Article 9 outlines the engineering program and expectations from sources and Article 10.05 outlines appropriate fees.
