250-RICR-120-05-28
250-RICR-120-05-28. Air Pollution Control Regulation No. 28- Operating Permit Fees (version Amendment, 07/19/2007 to 01/31/2011)
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
OFFICE OF AIR RESOURCES
AIR POLLUTION CONTROL REGULATION NO. 28
OPERATING PERMIT FEES
Effective 23 January 1995
Last Amended 19 July 2007
AUTHORITY:
These regulations are authorized pursuant to R.I. Gen. Laws § 42-17.1-2(s) and 23-23,
as amended, and have been promulgated pursuant to the procedures set forth in the R.I. Administrative
Procedures Act, R.I. Gen. Laws Chapter 42-35.
RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
OFFICE OF AIR RESOURCES
AIR POLLUTION CONTROL REGULATION NO. 28
OPERATING PERMIT FEES
TABLE OF CONTENTS
28.1
Definitions....................................................................................................................................................1
28.2
Applicability and Exemptions .......................................................................................................................4
28.3
Requirement to Pay a Fee..............................................................................................................................5
28.4
Fee Determination.........................................................................................................................................5
28.5
Payment of Fees............................................................................................................................................7
28.6
Penalties .......................................................................................................................................................8
28.7
General Provisions........................................................................................................................................8
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RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
OFFICE OF AIR RESOURCES
AIR POLLUTION CONTROL REGULATION NO. 28
OPERATING PERMIT FEES
28.1
Definitions
Unless otherwise expressly defined in this section, the terms used in this regulation shall be
defined by reference to the Rhode Island Air Pollution Control General Definitions
Regulation. As used in this regulation, the following terms shall, where the context permits, be
construed as follows:
28.1.1
"Actual Emissions" means the actual rate of emissions in tons per year of
any regulated pollutant emitted by a stationary source. Actual emissions shall
be calculated using the stationary source's actual operating hours, production
rates, and in-place control equipment, types of materials processed, stored, or
combusted during the calendar year.
28.1.2
"Affected Source" shall have the meaning given to it in the regulations
promulgated under Title IV of the Act.
28.1.3
"Air Pollution Inventory Forms" means the forms the Division sends to
stationary sources for emissions information.
28.1.4
"Application Fee" means the fee stationary sources applying for an
emissions cap shall pay.
28.1.5
"Area Source" means any stationary source of hazardous air pollutants that
is not a major source.
28.1.6
"Calendar Year" means the period beginning 1 January and ending the
following 31 December.
28.1.7
"Compliance/assurance fee" means the annual fee which stationary
source's with emissions caps shall pay.
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28.1.8
“Emissions Cap" means any emission limitation or physical or operational
limitations, imposed in a federally enforceable document, that establishes
the maximum quantity of emissions which may be released from a
stationary source.
28.1.9
"Emissions Fee" means the fee assessed on an air pollution source based on
the stationary source's actual emissions calculated in accordance with
Section 28.4.
28.1.10
“General emissions cap" means an emissions cap that is issued to similar
stationary sources and contains the same terms and conditions. A general
emissions cap is initially made available for public comment. No
opportunity for public comment is provided when individual sources apply
to be covered by the general emissions cap.
28.1.11
Major source” means any of the following:
(a)
For pollutants other than radionuclides, all of the pollutant-emitting
activities located within a contiguous area and under common control
that emits or has the potential to emit, in the aggregate, 10 tons per
year (tpy) or more of any hazardous air pollutant which has been
listed pursuant to Section 112(b) of the Act, 25 tpy or more of any
combination of such hazardous air pollutants, or such lesser quantity
as the Administrator may establish by rule. Notwithstanding the
preceding sentence, emissions from any oil or gas exploration or
production well (with its associated equipment) and emissions from
any pipeline compressor or pump station shall not be aggregated with
emissions from other similar units, whether or not such units are in a
contiguous area or under common control, to determine whether such
units or stations are major sources; or
(b)
For radionuclides, “major source” shall have the meaning specified
by the Administrator by rule.
(c)
All the pollutant-emitting activities, which belong to the same
industrial grouping, are located on one or more contiguous or
adjacent properties and are under control of the same person or
persons under common control, that emits or has the potential to emit,
100 tpy or more of any air pollutant including any fugitive emissions,
to the extent they are quantifiable; or
Pollutant-emitting activities shall be considered as part of the same
industrial grouping if they belong to the same two-digit code as
described in the Standard Industrial Classification Manual, 1987.
(d)
All the pollutant-emitting activities, which belong to the same
industrial grouping, are located on one or more contiguous or
adjacent properties and are under control of the same person or
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persons under common control, that emits or has the potential to emit
50 tpy or more of volatile organic compounds or oxides of nitrogen
including any fugitive emission, to the extent they are quantifiable.
Pollutant-emitting activities shall be considered as part of the same
industrial grouping if they belong to the same two-digit code as
described in the Standard Industrial Classification Manual, 1987.
28.1.12
“Regulated pollutant” means the following:
(a)
Nitrogen oxides or any volatile organic compounds;
(b)
Any pollutant for which a national ambient air quality standard has
been promulgated;
(c)
Any pollutant that is subject to any standard promulgated under
Section 111 of the Act;
(d)
Any Class I or II substance subject to a standard promulgated under
or established by Title VI of the Act; or
(e)
Any pollutant subject to a standard promulgated under Section 112 or
other requirements established under Section 112 of the Act,
including Sections 112(g), (j), and I of the Act, including the
following:
(1)
Any pollutant subject to requirements under Section 112(j) of
the Act. If the Administrator fails to promulgate a standard by
the date established pursuant to Section 112(e) of the Act,
any pollutant for which the source would be major shall be
considered to be regulated on the date 18 months after the
applicable date established pursuant to Section 112(e) of the
Act; and
(2)
Any pollutant for which the requirements of Section
112(g)(2) of the Act have been met, but only with respect I
individual source subject to Section 112(g)(2) requirement.
(f)
Any substance which is listed in Table I of Air Pollution Control
Regulation No.22.
28.1.13 "
Standard emissions cap" means an emissions cap that is issued to a stationary
source and contains terms and conditions that are specific to that stationary
source. Each standard emissions cap is made available for public comment
prior to issuance.
28.1.14
"Start-up" means the setting in operation of an affected facility for any
purpose.
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28.2
Applicability and Exemptions
28.2.1 This regulation applies to the following stationary sources as defined below:
(a)
Any major source;
(b)
Any affected source under Title IV of the Act; or
(c)
Any stationary source in a source category designated by the EPA pursuant
to 40 CFR 70; or
(d)
Any stationary source, including an area source, subject to a standard,
limitation, or other requirement under Section 111 of the Act; and
(e)
Any stationary source, including an area source, subject to a standard or other
requirement under Section 112 of the Act, except that a source is not required
to pay a fee solely because it is subject to regulations or requirements under
Section 112(r) of this Act.
28.2.2 The following stationary sources are exempt from this regulation:
(a)
All stationary sources listed in Subsection 28.2.1 that are not major stationary
sources, affected sources or solid waste incineration units required to obtain a
permit pursuant to Section 129(e) of the Act.
(b)
In the case of stationary sources subject to a standard or other requirement
under either Section 111 or Section 112 of the Act after 21 July 1992, that are
not major sources, the EPA will determine whether to exempt any or all such
applicable stationary sources from the requirement to obtain an operating
permit at the time that the new standard is promulgated, and if such sources
must get a permit, they are subject to this regulation.
(c)
All stationary sources and stationary source categories that would be subject
to this regulation solely because they are subject to 40 CFR Part 60, Subpart
AAA (Standards of Performance for New Residential Wood Heaters).
(d)
All stationary sources and stationary source categories that would be subject
to this regulation solely because they are subject to 40 CFR Part 61, subpart
M (National Emission Standard for Hazardous Air Pollutants for Asbestos,
Section 61.145, Standard for Demolition and Renovation).
(e)
A stationary source is not required to pay a fixed fee and an annual emissions
fee solely because it is subject to regulations or requirements under Section
112 (r) of the Act.
28.2.3 Stationary sources that emitted or had the potential to emit any air pollutants in
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excess of the thresholds for a major source as defined in 28.1.11 at any time since 1
January 1990, shall be presumed to be a major source.
The owner or operator of a stationary source can rebut this presumption by
presenting evidence to demonstrate to the satisfaction of the Division that the
potential to emit of the stationary source has been reduced by means of a physical
change or change in the method of operation of the stationary source.
28.3
Requirement to Pay a Fee
28.3.1 Any owner or operator of a stationary source subject to the provisions of this
regulation shall pay a fee to the Department of Environmental Management.
28.3.2 Stationary sources required to obtain an operating permit pursuant to Air Pollution
Control Regulation No. 29 shall pay a fee in accordance with Subsection 28.4.1-
28.4.4.
28.3.3 Stationary sources that apply for an emissions cap pursuant to Air Pollution Control
Regulation No. 29 shall pay the applicable fees in subsection 28.4.1 - 28.4.4 due
prior to the date the emissions cap application is submitted and shall pay an
application fee. Those sources which are granted emissions caps shall pay an annual
compliance/assurance fee. The annual compliance/assurance fee shall be paid to the
Department of Environmental Management and is in lieu of that required by
subsection 28.4.2-28.4.4.
28.3.4 Failure to pay any of the fees required in this regulation shall be a violation of this
regulation.
28.4
Fee Determination
28.4.1 Fixed fee due 1 February 1995:
ACTUAL EMISSIONS
FEE
< 10 tons per year
$ 207
$ 10 tons per year < 20 tons per year
$ 488
$ 20 tons per year < 50 tons per year
$ 845
$ 50 tons per year
$ 1503
28.4.2 Fixed fee due 1 July 1995:
ACTUAL EMISSIONS:
FEE
< 10 tons per year
$ 372
$ 10 tons per year < 20 tons per year
$ 880
$ 20 tons per year < 50 tons per year
$ 1524
$ 50 tons per year
$ 2709
28.4.3 Fixed fee due 1 January 1996:
ACTUAL EMISSIONS:
FEE
< 10 tons per year
$ 480
$ 10 tons per year < 20 tons per year
$ 1134
$ 20 tons per year < 50 tons per year
$ 1962
$ 50 tons per year
$ 3488
28.4.4 Beginning 1 September 1996, stationary sources shall pay an annual emissions fee.
Sources whose actual emissions are less than 10 tons per year shall pay a fixed fee.
Fees for sources with actual emissions greater than or equal to 10 tons per year shall
be assessed on a per ton basis. All regulated pollutants shall be assessed at the same
rate. The Division will determine the fixed fee charge and dollar per ton fee by 31
January 1996 and 31 January of each subsequent year and provide public notice of
this preliminary fee determination. In all cases the fee must generate at least enough
revenue to cover the direct and indirect costs of running the Operating Permit
Program. The Division will determine the final fees by adjusting the preliminary fee
determination to account for any monies that may be carried over from the previous
fiscal year.
28.4.5 Stationary sources applying for a standard emissions cap shall pay an application fee
of $1100. Stationary sources applying for a general emissions cap shall pay an
application fee of $250.
28.4.6 Stationary sources with approved emissions caps shall pay an annual
compliance/assurance fee of $350.
28.4.7 All fees shall be calculated and assessed based on the actual emissions of all
regulated pollutants from the stationary source. The following shall be excluded from
the calculation of actual emissions:
(a)
Carbon monoxide;
(b)
Any pollutant that is a regulated air pollutant solely because it is a Class I or
II substance subject to a standard promulgated under or established by Title
VI of the Act;
(c)
Any pollutant that is a regulated air pollutant solely because it is subject to a
standard or regulation under section 112(r) of the Act;
(d)
The amount of a stationary source's actual emissions of each regulated
pollutant that the stationary source emits in excess of four thousand (4000)
tons per year.
(e)
The actual emissions from any emissions unit that has been listed as an
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insignificant activity in Appendix A of Air Pollution Control Regulation No.
29.
28.4.8 Actual emissions shall be calculated in accordance with procedures and methods
acceptable to the Division.
28.4.9 Stationary sources may amend their Air Pollution Inventory Forms provided the
source demonstrates to the satisfaction of the Division that the original submission
was incorrect. Amended forms must then be submitted on the date specified by the
Division. The Division may adjust a source's fee due to amended Air Pollution
Inventory forms.
28.5
Payment of Fees
28.5.1 The fixed fee in subsection 28.4.1 shall be paid on or before 1 February 1995.
28.5.2 The fixed fee in subsection 28.4.2 shall be paid on or before 1 July 1995.
28.5.3 The fixed fee in subsection 28.4.3 shall be paid on or before 1 January 1996.
28.5.4 The annual emissions fee in subsection 28.4.4 shall be paid on or before 1 September
of each year beginning in 1996 and shall be based on emissions for the most recent
calendar year inventory for which the Division has completed emission calculations.
In no event shall the calendar year inventory be more than four years older than the
fiscal year for which fees are being assessed. Stationary sources with an annual
emission fee of $5,000 (five thousand dollars) or greater may elect to make four
equal quarterly payments. Quarterly payments shall be submitted on or before the
dates listed in the following schedule:
Date Payment Due
1st Quarterly Payment
September 1
2nd Quarterly Payment
December 1
3rd Quarterly Payment
March 1
4th Quarterly Payment
June 1
28.5.5 The application fee in subsection 28.4.5, for stationary sources applying emissions
caps, shall be paid at the time the application for an emissions cap is submitted to the
Department.
28.5.6 The compliance/assurance fee in subsection 28.4.6 shall be paid on or before 1
September of each year beginning in 1996.
28.5.7 A form supplied by the Department shall be used when submitting all payments.
28.5.8 All fees shall be remitted to the Rhode Island Department of Environmental
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Management - Office of Business Affairs, 22 Hayes Street, Providence, Rhode Island
in the form of a check or money order and made payable to General Treasurer, State
of Rhode Island.
28.5.9 The Department will deposit all fees required by this regulation in the Clean Air
Operating Permit Fee Fund. The Fund shall be non-lapsing and shall be dedicated
solely for use by the Department in administering the operating permit program
required under the Clean Air Act. Monies in the fund may be used to hire and fund
positions and procure necessary equipment and services adequate to perform the
functions of the Department in administering the provisions of the operating permit
program.
28.6
Penalties
28.6.1 Stationary sources that fail to submit complete Air Pollution Inventory Forms, in the
time frame specified by the Department, will be required to pay an annual emissions
fee based on potential emissions.
28.6.2 Notwithstanding any enforcement action, the stationary source shall be subject to a
late payment charge of:
(a)
Ten percent (10%) of the fee due for payments postmarked more than seven
(7) or less than thirty (30) days late, and
(b)
Twenty percent (20%) of the fee due for payments postmarked on or over
thirty (30) days late.
28.6.3 All fees and late charges paid pursuant to the requirements of this regulation shall be
non-refundable.
28.7
General Provisions
28.7.1
Purpose
The purpose of this regulation is to establish a fee system for the operating
permits program.
28.7.2
Authority
These regulations are authorized pursuant to R.I. Gen. Laws § 42-17.1-2(s)
and 23-23, as amended, and have been promulgated pursuant to the
procedures set forth in the R.I. Administrative Procedures Act, R.I. Gen.
Laws Chapter 42-35
28.7.3
Application
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The terms and provisions of this regulation shall be liberally construed to
permit the Department to effectuate the purposes of state law, goals and
policies.
28.7.4
Severability
If any provision of this regulation or the application thereof to any person or
circumstance, is held invalid by a court of competent jurisdiction, the validity
of the remainder of the regulation shall not be affected thereby.
28.7.5
Effective Date
The foregoing regulation, "Operating Permit Fees”, as amended, after due
notice, is hereby adopted and filed with the Secretary of State this _________
day of _______________, 20___ to become effective twenty (20) days
thereafter, in accordance with the provisions of Chapters 23-23, 42-35, 42-
17.1, 42-17.6, of the General Laws of Rhode Island of 1956, as amended.
W. Michael Sullivan, PhD., Director
Department of Environmental Management
Notice Given on: February 21, 2007
Public Hearing held: March 23, 2007
Filing Date: June 29, 2007
Effective Date: July 19, 2007