Md. Code Regs. 26.11.02.19 - Fee Schedule: Title V Permit or a State Permit to Operate
A. Annual Fees.
(1) The owner or operator of a source that is
required to obtain, and have in current effect, a permit issued under Title V
of the federal Clean Air Act Amendments of 1990,
42 U.S.C. §§
7661-
7661f, including a Part 70 permit,
shall pay an annual fee consisting of a base fee of $5,000 plus an
emission-based fee for each ton of regulated emissions from all installations
at the plant or facility.
(2) The
owner or operator of a Synthetic minor source that is required to obtain, and
have in current effect, a State permit to operate, shall pay an annual fee
consisting of a base fee of $1,000, plus an emission-based fee for each ton of
regulated emissions from all installations at the plant or facility.
(3) The owner or operator of all other
sources required to obtain, and have in current effect, a State permit to
operate, shall pay an annual fee consisting of a base fee of $500, plus an
emission-based fee for each ton of regulated emissions from all installations
at the plant or facility.
B. Method of Calculating Fees.
(1) The emission-based fee prescribed in §A
of this regulation shall be calculated by multiplying the total weight of
actual annual emissions in tons of regulated emissions times an amount in
dollars per ton as prescribed below:
(a) From
January 1, 1997 through September 30, 2008: $25 per ton as increased pursuant
to §B(6) of this regulation;
(b)
From October 1, 2008 through December 31, 2008: $50 per ton; and
(c) Beginning January 1, 2009: $50 per ton as
increased pursuant to §B(6) of this regulation.
(2) For the purposes of this regulation,
"regulated emissions" means the actual rate of emissions, in tons per year, of
a regulated air pollutant except for carbon monoxide and carbon dioxide emitted
by a source, to be calculated using criteria consistent with 40 CFR 70
(operating permit program).
(3)
Effective October 1, 2008 through December 31, 2009, the maximum annual permit
to operate fee for each plant or facility is $500,000.
(4) Except as provided in §B(5) of this
regulation, the total weight of annual emissions used to calculate the annual
permit fee is based on the total actual emission tonnages as certified by the
source and verified by the Department. Annual emissions shall be rounded off to
the nearest ton.
(5) Basis for
Annual Emissions. The annual emissions to be used to calculate the fee in §§A
and B of this regulation shall be as prescribed below:
(a) For sources that certify emissions of
less than 10,000 tons for calendar year 2008, the annual emissions shall be
based on the emissions certification required under §D of this regulation which
was submitted the previous calendar year; and
(b) For sources that certify emissions of
10,000 tons or greater for calendar year 2008, the annual emissions shall be
based on the actual emissions of the same calendar year as the annual
fee.
(6) Consumer Price
Index.
(a) The annual dollar per ton amount
prescribed in §B(1) of this regulation shall be increased on January 1 of each
year by the percentage, if any, by which the Consumer Price Index for the most
recent calendar year exceeds the Consumer Price Index of the previous calendar
year.
(b) The Consumer Price Index
for any calendar year is the 12-month average of the Consumer Price Index for
all urban consumers published by the U.S. Department of Labor, as of the close
of the 12-month period ending on August 31 of each calendar year.
C. Information Required
to be Maintained by a Source.
(1) Beginning
January 1, 1994, the owner or operator of a source for which a permit to
operate is required shall maintain records necessary to support the emission
certification, including the following information:
(a) The total amount of actual emissions of
each regulated pollutant and the total of all regulated pollutants;
(b) An explanation of the methods used to
quantify the emissions and the operating schedules and production data that
were used to determine emissions, including significant assumptions
made;
(c) Amounts, types, and
analyses of all fuels used;
(d)
Emission data from continuous emission monitors that are required by this
subtitle or EPA regulations, including monitor calibration and malfunction
information;
(e) Identification,
description, and use records of all air pollution control equipment and
compliance monitoring equipment, including significant maintenance performed,
malfunctions and downtime, and episodes of reduced efficiency of this
equipment;
(f) Limitations on
source operation or any work practice standards that significantly affect
emissions; and
(g) Other relevant
information as required by the Department.
(2) The logs and other records of information
required by §C(1) of this regulation shall be retained for a period of 5 years
and made available to the Department upon request.
(3) If the owner or operator of a source for
which a permit to operate is required fails to maintain or provide the data
required by this section, which the Department requests in order to verify the
emissions during the previous calendar year, the annual emission-based fee for
that source shall be based on the estimated allowable emissions, as defined in
COMAR 26.11.01.01B(4),
of that source, as determined by the Department.
D. Emission Certification.
(1) Beginning January 1, 1994, the
responsible official designated by the owner or operator of a source for which
a permit to operate is required shall certify, as provided at Regulation .02F
of this chapter, the actual emissions of regulated air pollutants from all
installations at the plant or facility.
(2) Certification shall be on a form obtained
from the Department and shall be submitted to the Department not later than
April 1 of the year following the year for which certification is
required.
(3) An emission
certification submitted pursuant to this section and which contains all
information required by COMAR
26.11.01.05-1, for NOx and VOC,
satisfies the requirements of COMAR
26.11.01.05-1.
E. The owner or operator of a
source for which a permit to operate is required is responsible for the timely
and complete payment of all permit fees required by this chapter.
Notes
Regulation .19 amended effective October 12, 1992 (19:20 Md. R. 1819)
Regulations .19 effective March 1, 1993 (20:4 Md. R. 373)
Regulations .19 adopted effective May 8, 1995 (22:9 Md. R. 648)
Regulation .19 amended effective June 16, 1997 (24:12 Md. R. 866); December 10, 2001 (28:24 Md. R. 2130)
Regulation .19A amended effective 40:16 Md. R. 1345, eff.
Regulation .19B amended effective October 1, 2008 (35:19 Md. R. 1717)
Regulation .19B amended as an emergency provision effective November 3, 2008 (35:24 Md. R. 2073); amended permanently effective February 23, 2009 (36:4 Md. R. 356)
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