CSR 45-30-8. Fees

§45-30-8. Fees. 8.1. After the effective date of this rule, all stationary sources which are or will be required to obtain an operating permit under this rule shall pay fees in accordance with the following: 8.1.a. Transition fees. -- Annual fees for all stationary sources shall be due on or before July 1, 1994, in the amount of fifteen (15) dollars per ton for actual emissions of all regulated pollutants (for fee calculation) discharged during the calendar year 1993. 8.1.b. Title V operating permit fees. -- On July 1, 1995, and on July 1 of each year thereafter annual fees for all stationary sources requiring Title V operating permits shall be eighteen (18) dollars per ton subject to an adjustment enumerated in subdivision 8.1.c, for actual emissions of all regulated pollutants (for fee calculation) discharged during the most recent calendar year or portion thereof. 8.1.c. On or before May 1, 1995 and each May 1 thereafter, the Secretary shall determine whether to adjust the fees required under subdivision 8.1.b to adequately reflect the reasonable cost of the Title V operating permit program. The Secretary may make such an adjustment in fees of up to $2 per ton. The fees adjusted pursuant to this subdivision are not cumulative and shall remain adjusted for not more than one year. 8.1.d. No fee shall be required under this rule with respect to emissions from any affected unit under §404 of the Clean Air Act until the period beginning January 1, 2000. Thereafter, fees will be calculated in accordance with subdivision 8.1.b. 8.1.d.1. Facilities which contain only affected units under §404 of the Clean Air Act continue to be subject to fees under 45CSR22 until the period beginning January 1, 2000. 8.1.d.2. Facilities which contain affected units under §404 of the Clean Air Act and other affected units, under 45CSR33 and Title IV of the Clean Air Act, continue to be subject to fees under 45CSR22 for the entire facility until the period beginning January 1, 2000, and are subject to fees for such other affected units calculated in accordance with subdivisions 8.1.a and 8.1.b. 8.2. Fee cap. -- In determining fees under section 8, emissions of each regulated pollutant (for fee calculation) by a source in excess of four thousand tons per year (4,000 tpy) shall not be included in fee calculations. 8.3. Minimum fees. -- Any non-major source required to have a Title V operating permit under this rule shall pay fees in accordance with subsection 8.1, unless such calculated fees are less than the minimum fee of $200.00 per year. In such cases where the calculated fee is less than the minimum fee, the source shall be subject to the minimum fee. 8.4. Consumer price index riser. -- Fees calculated for each fiscal year under the fee schedule in subdivision 8.1.b shall be increased by the percentage, if any, by which the Consumer Price Index for the most recent calendar year ending before the beginning of such year exceeds the Consumer Price Index for the calendar year 1993. For purposes of this clause: 8.4.a. The Consumer Price Index for any calendar year is the average of the Consumer Price Index for all-urban consumers published by the Department of Labor, as of the close of the twelve (12) month period ending on August 31 of each calendar year, and 8.4.b. The revision of the Consumer Price Index, if any, which is most consistent with the Consumer Price Index for 1993 shall be used. 8.5. Fee merger. -- Any source subject to annual operating certificate fees under 45CSR22 “Air Quality Management Fee Program” and subject to fees under this rule shall be required to pay only the higher calculated fee. 8.6. Penalties and interest. -- Any person who operates a stationary source in violation of section 8 shall be subject to a penalty equal to five (5) percent of the Title V operating permit fee for each calendar month or portion thereof in which the violation continues in addition to the annual fee required to be paid under section 8. Fees due for the fiscal year beginning July 1 shall not be subject to any penalties if paid on or before July 31 of that fiscal year. This penalty for delinquent payment is separate from and unrelated to any other penalties assessed by a court or collected by the Secretary pursuant to W. Va. Code §22-5-1 et seq., or any rules of the West Virginia Department of Environmental Protection. 8.7. Certified emissions statement. 8.7.a. Fees will be based upon a certified emissions statement from a responsible official. The certified emissions statement shall contain an accurate accounting of the actual emissions of all regulated air pollutants and all regulated pollutants (for fee calculation) from the source as defined in subsections 2.33 and 2.34 for the most recent calendar year. 8.7.b. Each certified emissions statement shall be subject to review by the Secretary. The Secretary shall make or shall require the responsible official to make such adjustments or corrections to the certified emissions as the Secretary determines to be necessary. 8.7.b.1. The source shall be liable for any increased fees resulting from any adjustments to the certified emissions statements made pursuant to subdivision 8.7.b. 8.7.b.2. The Secretary shall not issue a Title V operating permit until such adjustments have been made and any such liability satisfied. 8.7.b.3. The Secretary shall credit the source with any decreasing adjustments to the certified emissions statement made pursuant to subdivision 8.7.b. 8.7.b.4. The Secretary shall periodically provide or publish information and criteria for the purpose of emission statement and permit application preparation. Such information may be provided by reference to available U.S. EPA or other documents. 8.7.c. Fees and certified emissions statements shall be due on July 1, 1994, and on July 1 of each year thereafter. 8.8. Beginning in 1995, the Secretary shall, on or before October 1 of each fiscal year, prepare an accounting of all Title V fees received in the previous fiscal year and the manner in which they were used to fund the Title V operating permit program.