Program Fees

Program Fees. A. Fees. The owner or operator of any stationary source that is required to hold a Title V permit shall pay to the Department an annual fee based on a fee schedule established by the Commission. The fee schedule for Title V program fees shall be set each year by order of the Commission in an amount sufficient to cover the costs of development and administration of the program. The Commission’s order shall follow receipt of the annual report and recommendation of the Title V Advisory Council, if timely received, and completion of a public hearing held to receive comments regarding the proposed annual fee. B. Fee System. Each owner or operator’s annual Title V program fee shall be calculated and assessed according to the following: (1) A portion of the fee shall be based on the source’s annual quantity of emissions. (a) Allowable emissions determined on the date of the fee calculation shall be used as the basis for this portion of the fee, except when the use of actual emissions is allowed under paragraph (b). Allowable emissions are those emissions limited by the Title V permit, as well as those emissions not expressly limited by the Title V permit but otherwise allowed by the permit, as represented in the Title V application (refer to R.6.2C.(3)). (b) Actual emissions may be used as the basis for this portion of the fee if the owner or operator submits a report of the source’s actual emissions for the previous calendar year by July 1. The report shall include, at a minimum, the completed annual fee reporting form provided by the Department and any calculations and supporting information used in completing the form. Supporting information shall include, but is not limited to, emissions monitoring data, direct emissions measurements, published emission factors, process data, or other data used to calculate the actual emissions reported on the annual fee reporting form. (c) Notwithstanding paragraphs (a) and (b) above, when calculating this portion of the fee, a minimum annual fee shall be assessed according to the fee schedule established by the Commission. (2) A portion of the fee shall be based on the complexity of the source, as determined by the number of air regulations applicable to the source on the date of the fee calculation, according to the fee schedule established by the Commission. Only air regulations required to be addressed by a Title V permit may be included in the annual fee schedule. (3) The Department shall provide an annual fee reporting form to be used in reporting the information necessary to calculate the appropriate annual fee for each owner or operator. The Department may require additional information to support the annual fee reporting form, where necessary, to determine the appropriate annual fee for any owner or operator. (a) The owner or operator shall submit the completed annual fee reporting form to the Department by close of business on July 1 of each year. It is incumbent upon the owner or operator to demonstrate any submittal was made in a timely manner. (b) The annual fee reporting form shall be certified by a responsible official according to Rule 6.2.E. (c) If the annual fee reporting form is not filled out completely and accurately, certified in accordance with Rule 6.2.E., accompanied by all necessary calculations and supporting information, and received by the Department by close of business on July 1, allowable emissions or other information necessary to determine the appropriate annual fee shall be used in the fee calculation. (d) If the Commission determines that there is not sufficient information available to the owner or operator to accurately complete and submit the annual fee reporting form by July 1, but such information becomes available and is submitted to the Department after July 1, the fee calculation and assessment may be altered according to the annual fee schedule. No fee actually paid to the Department shall be refunded due to a change in the fee calculation. If a fee is recalculated such that the amount assessed for an annual period is reduced and the source has already paid all or a portion of the fee, the revised fee assessment may not be reduced to an amount less than what the owner or operator has already paid regardless of the results of the recalculation. C. Excess Fees. If the annual fees collected exceed the cost of administering the Title V program for that fiscal year, then the excess shall be applied to the cost of administering the program for the succeeding fiscal year. If necessary, in the succeeding fiscal year, the assessment rates shall be adjusted to ensure that the excess anticipated to be retained in the fund does not exceed the current annual cost of administering the program. D. Disputed Fees. Any owner or operator required to pay the Title V program fee set forth under this chapter who disagrees with the calculation or applicability of the fee may petition the Commission in writing for a hearing in accordance with State Law. Any disputed portion of the fee for which a hearing has been requested will not incur any penalty or interest from and after the receipt by the Commission of the hearing petition. E. Due Dates. (1) The Title V program fee shall be due September 1 of each year. An owner or operator may elect a quarterly payment method of four (4) equal payments with the payments due September 1, December 1, March 1 and June 1. The owner or operator shall notify the Department that the quarterly payment method will be used by September 1. (a) If any part of the Title V program fee imposed is not paid within thirty (30) days after the due date, a penalty often percent (10%) of the amount due shall at once accrue and be added thereto. If the fee is not paid in full, including any interest and penalty within sixty (60) days of the due date, the Permit Board may revoke the permit upon proper notice and hearing as required by law. (b) If at any time within the year the Commission determines that the information submitted by the owner or operator is insufficient or incorrect, the owner or operator will be notified of the deficiencies and the adjusted fee assessment. Past due fees from the adjusted fee assessment will be due at the time of the next scheduled quarterly payment. (2) All newly applicable sources required to hold a Title V permit shall pay an annual fee to the Department in accordance with the following: (a) any source commencing operation or increasing emissions between and including January 1 and September 1 of any year, such that the Title V program becomes applicable, shall pay a Title V program fee on or before September 1 of that year; and (b) any source commencing operation or increasing emissions between and including September 2 and December 31 of any year, such that the Title V program becomes applicable, shall pay a Title V program fee on or before September 1 of the following year.