Tenn. Comp. R. & Regs. 1200-03-26-.02 - CONSTRUCTION AND ANNUAL FEES
(1) Purpose.
(a) It is the purpose of this rule to
establish fees for sources subject to permitting pursuant to Division 1200-03
sufficient to supplement existing state and federal funding that covers
reasonable costs (direct and indirect) associated with the development,
processing, and administration of the air pollution control program. This will
provide for better quality evaluation of the impact of air emissions on the
citizens of Tennessee, and timely permitting services for sources subject to
permitting requirements.
(b) Such
costs shall include, but not be limited to, costs associated with review of
applications and reports, issuance of required permits and associated
inspections of sources, unit observation, review and evaluation of monitoring
results (stack and/or ambient), modeling, and costs associated with any
necessary enforcement actions (excluding penalties assessed).
(c) Annual emission fees collected from major
sources and all sources subject to paragraph (11) of Rule
1200-03-09-.02 shall be used to
pay for the direct and indirect costs of:
1.
Preparing generally applicable regulations or guidance regarding the permit
program or its implementation or enforcement;
2. Reviewing and acting on any application
for a permit, permit revision, or permit renewal, including the development of
an applicable requirement as part of the processing of a permit, or permit
revision or renewal;
3. General
administrative costs of running the permit program, including the supporting
and tracking of permit applications, compliance certification and related data
entry;
4. Implementing and
enforcing the terms of any 40 C.F.R. Part 70 permit (not including any court
costs or other costs associated with an enforcement action), including adequate
resources to determine which sources are subject to the program;
5. Emissions and ambient
monitoring;
6. Modeling, analyses,
or demonstrations;
7. Preparing
inventories and tracking emissions; and
8. Providing direct and indirect support to
sources under the Small Business Environmental Assistance Program.
(2) Definitions.
Unless specifically defined in this chapter, the definitions from Chapter 1200-03-02 will apply. All terms defined in this chapter apply only to the provisions of this chapter.
(a) "Air contaminant" is particulate matter,
dust, fumes, gas, mist, smoke, or vapor, or any combinations thereof.
(b) "A source subject to fees (source)" is
any and all sources of emission of air contaminants, whether privately or
publicly owned or operated, that is required to obtain a permit.
(c) "Annual accounting period" is a twelve
(12) consecutive month period. For sources subject to paragraph (11) of Rule
1200-03-09-.02, the annual
accounting period shall be either of the following: the calendar year (January
1 to December 31) or the state fiscal year (July 1 to June 30). For sources not
subject to paragraph (11) of Rule
1200-03-09-.02, the annual
accounting period is the twelve consecutive month period as specified in
paragraph (6) of this rule.
(d)
"Allowable emissions" mean the emissions rate of a source calculated at full
design capacity operating twenty-four (24) hours per day, every day of the
annual accounting period or calculated at the operating time and/or other
operating conditions specified in a legally enforceable permit, and the most
stringent of the following:
1. The applicable
standards under Division 1200-03;
2. The emission rate specified in a legally
enforceable permit condition established pursuant to Rule
1200-03-09-.01 including those
with a future compliance date; or pursuant to Rule
1200-03-09-.02; or
3. If no allowable emission rate is specified
pursuant to part 1. or part 2. above, the actual emissions will equal the
allowable emission rate solely for the purposes of fee computation. In no way
is this item to be considered the setting of a binding emission limitation
pursuant to the provisions of Chapter 1200-03-09. The actual emission rate will
be calculated as the maximum actual emissions expected of full design capacity
operating twenty-four (24) hours per day, every day of the annual accounting
period, or expected at the operating time specified in a legally enforceable
permit.
(e) "Division"
means the Tennessee Division of Air Pollution Control.
(f) "Legally enforceable" means all
limitations and conditions which are enforceable by the Technical Secretary,
including those under this Division 1200-03, Division 0400-30, the State
Implementation Plan, and any permit requirements established pursuant to
Chapter 1200-03-09. For major sources and sources subject to paragraph (11) of
Rule 1200-03-09-.02, legally
enforceable also includes a limitation or condition that is enforceable by the
United States Environmental Protection Agency or its administrator.
(g) "Major source" means any source or group
of sources located within a contiguous area, and under common control which is
regulated by one of the following:
1. A source
subject to the Prevention of Significant Deterioration (PSD) requirements,
paragraph
1200-03-09-.01(4).
2. A source subject to the requirements for
nonattainment areas, subparagraph
1200-03-09-.01(5)(b)
which must meet a lowest achievable emission rate (LAER) limitation.
3. "Major source" means any stationary source
(or any group of stationary sources that are located on one or more contiguous
or adjacent properties, and are under common control of the same person [or
persons under common control]) belonging to a single major industrial grouping
and that are described in subparts (i), (ii), or (iii) of this definition. For
the purposes of defining "major source," a stationary source or group of
stationary sources shall be considered part of a single industrial grouping if
all of the pollutant emitting activities at such source or group of sources on
contiguous or adjacent properties belong to the same Major Group (i.e., all
have the same two-digit code) as described in the Standard Industrial
Classification Manual, 1987.
(i) A major
source under section 112 of the Federal Act which is defined as:
(I) For pollutants other than radionuclides,
any stationary source or group of stationary sources 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 Federal 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
(II) For radionuclides, "major
source" shall have the meaning specified by the Administrator by
rule.
(ii) A major
stationary source of air pollutants, as defined in section 302 of the Federal
Act, that directly emits or has the potential to emit, 100 tpy or more of any
air pollutant (including any major source of fugitive emissions of any such
pollutant, as determined by rule by the Administrator). The fugitive emissions
of a stationary source shall not be considered in determining whether it is a
major stationary source for the purposes of section 302(j) of the Federal Act,
unless the source belongs to one of the following categories of stationary
sources:
(I) Coal cleaning plants (with
thermal dryers);
(II) Kraft pulp
mills;
(III) Portland cement
plants;
(IV) Primary zinc
smelters;
(V) Iron and steel
mills;
(VI) Primary aluminum ore
reduction plants;
(VII) Primary
copper smelters;
(VIII) Municipal
incinerators capable of charging more than 250 tons of refuse per
day;
(IX) Hydrofluoric, sulfuric,
or nitric acid plants;
(X)
Petroleum refineries;
(XI) Lime
plants;
(XII) Phosphate rock
processing plants;
(XIII) Coke oven
batteries;
(XIV) Sulfur recovery
plants;
(XV) Carbon black plants
(furnace process);
(XVI) Primary
lead smelters;
(XVII) Fuel
conversion plant;
(XVIII) Sintering
plants;
(XIX) Secondary metal
production plants;
(XX) Chemical
process plants;
(XXI) Fossil-fuel
boilers (or combination thereof) totaling more than 250 million British thermal
units per hour heat input;
(XXII)
Petroleum storage and transfer units with a total storage capacity exceeding
300,000 barrels;
(XXIII) Taconite
ore processing plants;
(XXIV) Glass
fiber processing plants;
(XXV)
Charcoal production plants;
(XXVI)
Fossil-fuel-fired steam electric plants of more than 250 million British
thermal units per hour heat input; or
(XXVII) All other stationary source
categories regulated by a standard promulgated under section 111 or 112 of the
Federal Act, but only with respect to those air pollutants that have been
regulated for that category;
(iii) A major stationary source as defined in
part D of title I of the Federal Act, including:
(I) For ozone nonattainment areas, sources
with the potential to emit 100 tpy or more of volatile organic compounds or
oxides of nitrogen in areas classified as "marginal" or "moderate," 50 tpy or
more in areas classified as "serious," 25 tpy or more in areas classified as
"severe," and 10 tpy or more in areas classified as "extreme"; except that the
references in this paragraph to 100, 50, 25, and 10 tpy of nitrogen oxides
shall not apply with respect to any source for which the Administrator has made
a finding, under section 182(f)(1) or (2) of the Federal Act, that requirements
under section 182(f) of the Federal Act do not apply;
(II) For ozone transport regions established
pursuant to section 184 of the Federal Act, sources with the potential to emit
50 tpy or more of volatile organic compounds;
(III) For carbon monoxide nonattainment areas
(1) that are classified as "serious," and (2) in which stationary sources
contribute significantly to carbon monoxide levels as determined under rules
issued by the Administrator, sources with the potential to emit 50 tpy or more
of carbon monoxide; and
(IV) For
particulate matter (PM-10) nonattainment areas classified as "serious," sources
with the potential to emit 70 tpy or more of PM-10.
(h) "Minor source"
means any source or group of sources located within a contiguous area, and
under common control which is not a major or conditional major source for the
purposes of this rule. However, for the sole purpose of emission fee
calculation, affected sources subject to the acidic precipitation requirements
of Title IV of the Federal Clean Air Act embodied at
42 U.S.C. §§
7401 et seq. shall be considered minor
sources subject to the provisions of paragraph
1200-03-26-.02(6)
until the year 2000. At that time, the affected sources will become major
sources subject to paragraph
1200-03-26-.02(9).
(i) "Regulated pollutant" means allowable
emissions (and/or actual emissions for major sources) of 4,000 tons per year or
less from a source for each of the following compounds or substances:
1. Each pollutant regulated under Chapter
0400-30-38 Emission Standards for Hazardous Air Pollutants (excluding
transitory asbestos from construction, demolition, and renovation).
2. Each regulated pollutant from a source
subject to the provisions of Chapter 1200-03-16 New Source Performance
Standards.
3. Volatile Organic
Compounds (VOC)
4.
Particulates
5. For major sources,
the following pollutants:
(i) Nitrogen oxides
or any volatile organic compounds;
(ii) Any pollutant for which a national
ambient air quality standard has been promulgated;
(iii) Any pollutant that is subject to any
standard promulgated under section 111 of the Federal Act; provided, however,
that any such pollutant shall not be a regulated pollutant solely because the
pollutant is a constituent of greenhouse gases;
(iv) Deleted.
(v) Any pollutant subject to a standard
promulgated under section 112 or other requirements established under section
112 of the Federal Act, including sections 112(g), and (j), of the Act,
including the following:
(I) Any pollutant
subject to requirements under section 112(j) of the Federal Act. If the
Administrator fails to promulgate a standard by the date established pursuant
to section 112(e) of the Federal Act, any pollutant for which a subject 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 Federal Act;
and
(II) Any pollutant for which
the requirements of section 112(g)(2) of the Federal Act have been met, but
only with respect to the individual source subject to section 112(g)(2)
requirement except that carbon monoxide, any pollutant regulated as a Class I
or Class II substance subject to a standard promulgated under Title VI of the
Federal Clean Air Act or any pollutant regulated solely because it is subject
to the provision of Section 112(r) of the Federal Clean Air Act shall not be
included in the compilation of pollutants at part 1200-03-09
-02(11)(b)19.
6. Sulfur Dioxide (SO2)
7. Nitrogen Oxides (NOx)
8. Lead (Pb)
9. Gaseous Fluorides expressed as Hydrogen
Fluoride (HF)
10. Carbon Monoxide
(no charge)
11. Hydrogen Chloride
(HCl)
12. Each hazardous air
pollutant actually emitted or allowed to be emitted from a source subject to
paragraph (11) of Rule
1200-03-09-.02.
(j) "Construction" means for the
purpose of this rule, any activities that require a source to obtain a
construction permit under the provisions of Rule
1200-03-02-.01 and Rule
1200-03-09-.01.
(k) Reserved.
(l) "Potential to emit" means the maximum
capacity of a stationary source to emit any air pollutant under its physical
and operational design. Any physical or operational limitation on the capacity
of a source to emit an air pollutant, including air pollution control equipment
and restrictions on hours of operation or on the type or amount of material
combusted, stored, or processed, shall be treated as part of its design if the
limitation is enforceable by the Administrator. This term does not alter or
affect the use of this term for any other purposes under the Federal Act, or
the term "capacity factor" as used in title IV of the Federal Act or the
Federal regulations promulgated thereunder.
(m) "Responsible official" means one of the
following:
1. For a corporation: a president,
secretary, treasurer, or vice-president of the corporation in charge of a
principal business function, or any other person who performs similar policy or
decision-making functions for the corporation, or a duly authorized
representative of such person if the representative is responsible for the
overall operation of one or more manufacturing, production, or operating
facilities applying for or subject to a permit and either:
(i) The facilities employ more than 250
persons or have gross annual sales or expenditures exceeding $25 million (in
second quarter 1980 dollars); or
(ii) The delegation of authority to such
representative is approved in advance by the Technical Secretary;
2. For a partnership or sole
proprietorship: a general partner or the proprietor, respectively;
3. For a municipality, State, Federal, or
other public agency: either a principal executive officer or ranking elected
official. For the purposes of this part, a principal executive officer of a
Federal agency includes the chief executive officer having responsibility for
the overall operations of a principal geographic unit of the agency (e.g., a
Regional Administrator of EPA); or
4. For affected sources:
(i) The designated representative in so far
as actions, standards, requirements, or prohibitions under title IV of the
Federal Act or the regulations promulgated thereunder are concerned;
and
(ii) The designated
representative for any other purposes under Division Rules. However, a person
other than the designated representative may serve as the responsible official
for non title IV activities.
(n) "Federal Act" means the Clean Air Act, as
amended, 42 U.S.C.
§§
7401, et seq. as amended by
Public Law No. 101-549 (November 15, 1990).
(o) "Affected source" shall have the meaning
given to it in the federal regulations promulgated under title IV of the
Federal Act.
(p) "EPA or the
Administrator" means the Administrator of the EPA or his designee.
(q) "Conditional major source" for the
purpose of fee payments, means a source that would otherwise be considered a
major source under potential to emit conditions if it were not for a mutually
agreed upon, more restrictive permit limit than that prescribed by regulation
or a more restrictive permit limitation upon operating hours and/or production
rates than that which would otherwise be possible at the source.
(r) "Permit review fee" is a fee charged to
conditional major sources to cover the costs associated with insuring the
source is operating below the major source emission thresholds. These costs
include, but are not limited to, inspections of the source, and review of
annual reports for this facility.
(s) "Greenhouse gases" means the air
pollutant defined in part 86.1818-12(a) of Chapter I of Title 40 of the Code of
Federal Regulations as the aggregate group of the following six greenhouse
gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons,
perfluorocarbons, and sulfur hexafluoride.
(t) "Permit amendment" is a permit revision
that:
1. Corrects typographical
errors;
2. Identifies a change in
the name, address, or phone number of any person identified in the permit, or
makes a similar minor administrative change at the source;
3. Requires more frequent monitoring or
reporting by the permittee;
4.
Allows for a change of ownership or operational control of a source where the
Technical Secretary determines that no other change in the permit is necessary,
provided that a transfer of ownership permit application is filed consistent
with the provisions of paragraph (6) of Rule
1200-03-09-.03;
5. Incorporates into a true minor source or
conditional major source operating permit the requirements of a construction
permit issued pursuant to Rule
1200-03-09-.01;
6. Extends the expiration date of a
construction permit;
7. Changes the
name of a source or facility;
8.
Changes a deadline established in a permit; or
9. Adds or revises a monitoring
parameter.
(u)
"Anticipated maximum emission rate" (AMER) means the maximum rate of actual
emissions, in tons per year, from all regulated air pollutants, as defined in
part (11)(b)19. of Rule
1200-03-09-.02, emitted from all
sources listed in a construction permit application, excluding sources that are
not required to obtain a permit in accordance with Rule
1200-03-09-.04. Except as
specified below, the responsible official shall calculate the AMER based on
each source operating at its maximum actual hourly emission rate, as listed in
the construction permit application, for 8,760 hours per year.
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Where:
m = number of pollutants emitted by sources included in the application;
n = total number of sources included in the application, excluding sources that are exempt from permitting in accordance with Rule 1200-03-09-.04;
E = emission rate in pounds per hour; and
h = hours per year (8,760 except as specified below).
For applications that do not list a maximum pound-per-hour emission rate for a particular pollutant or source, the responsible official shall use the potential emissions, in tons per year, as listed in the construction permit application. The responsible official may use a reduced emission rate or hours of operation if the same is limited by federal or state air quality regulation, limited by operational constraints within the process (i.e., a bottleneck), or the responsible official has requested a limitation of the same in the construction permit application. Emission of a greenhouse gas that is a regulated air pollutant solely because the pollutant is a constituent of greenhouse gases shall not be included when calculating the AMER. Emission of a hazardous air pollutant that is also a VOC or particulate matter shall be counted only as VOC or particulate matter. When calculating the AMER for particulate matter, the responsible official shall use the highest of the source's PM, PM10, or PM2.5 emission rate. For construction permit applications that include the retirement of existing sources or the reduction of emissions from existing sources, the AMER shall not include the emission reductions associated with such retirement or reduction of emissions.
(v) "Anticipated maximum increase in
emissions" means the AMER of the existing source following the change minus the
anticipated maximum emission rate prior to the change.
(3) General Provisions.
(a) A source must meet all provisions and
limitations specified in the permit(s) for construction and operation of the
source.
(b) All annual fees must be
paid in full by the due dates specified in subparagraph (6)(c) and paragraph
(9) of this rule.
(c) Any source
exempted by Rule
1200-03-09-.04 is exempt from
the annual emission fee requirements of this chapter, unless emissions from the
exempt source are included in a facility-wide emissions limit. However, the
emissions from any exempt source must comply with all rules and regulations of
the Tennessee Air Pollution Control Board.
(d) All construction fees required by
paragraph (5) of this rule must be paid in full upon submission of the
application.
(e) Any responsible
official who disagrees with the calculation or the applicability of the fee may
petition the Tennessee Air Pollution Control Board (Board) for a hearing. In
order to perfect a hearing, a petition for a hearing together with the total
amount of the fee due must be received by the Technical Secretary of the Board
not later than fifteen (15) days after the due date. Such hearing shall be in
accordance with contested case provisions set forth in Title 4, Chapter 5,
T.C.A. If the annual emission fee paid was improperly assessed, the Technical
Secretary shall return the amount determined to be improperly assessed plus
interest on the excess accrued from the date the emission fee was
paid.
(f) If a responsible official
requests an operating permit that is later determined by the Division to be
subject to the construction permit rule, the permit application submittal shall
not be subject to the time lines in this rule until complete construction
permit applications are submitted.
(g) Any responsible official impacted by the
decision in subparagraph (f) of this paragraph who disagrees with such decision
may petition the Tennessee Air Pollution Control Board for a hearing. The
hearing shall be in accordance with contested case provisions as set forth in
Title 4, Chapter 5, T.C.A. §§
4-5-301 et seq.
(h) In the event a fee is paid for a
construction permit and it is later determined that only an operating permit is
needed or the source is insignificant or otherwise exempt from permitting, 100%
of the fee will be forfeited for the permit review.
(i) Where more than one allowable emission
limit is applicable to a regulated pollutant, the allowable emissions for the
regulated pollutants shall not be double counted.
1. Major sources subject to the provisions of
paragraph (9) of this rule shall apportion their emissions as follows to ensure
that their fees are not double counted.
(i)
For fee purposes, hazardous air pollutants that are also in the family of
volatile organic compounds or the family of particulate matter will be included
in their respective family category when determining annual emission
fees.
(ii) For fee purposes,
hazardous air pollutants that are not in the family of volatile organic
compounds or the family of particulate matter will be reported
separately.
(iii) Each individual
hazardous air pollutant is subject to the 4,000-ton cap provisions of
subparagraph (2)(i) of this rule.
(iv) Major sources that wish to pay annual
fees for PM10 on an allowable emission basis may do so
if they have a specific PM10 allowable emission
standard. If a major source has a total particulate emission standard but
wishes to pay annual fees on an actual PM10 emission
basis, it may do so if the PM10 actual emission levels
are proven to the satisfaction of the Technical Secretary. The method to
demonstrate the actual PM10 emission levels must be made
as part of the source's major source operating permit in advance in order to
exercise this option. The PM10 emissions reported under
these options shall not be subject to fees under the family of particulate
emissions. The 4,000-ton cap provisions of subparagraph (2)(i) of this rule
shall also apply to PM10 emissions.
(j) No construction fee, annual
emission fee, or permit review fee under paragraph (1) of this rule shall be
imposed for review of notices of intent for authorization under a
permit-by-rule or issuance of a notice of authorization.
(4) Complete Applications.
(a) A construction permit application is not
considered complete unless the application filing/processing fee has been paid
in full. The application filing/processing fee is not refundable, except as
provided in paragraph (5)(f) of this rule. Any overpayment of the application
filing/processing fee is applied to the annual emission fee as a credit. The
effective date of this provision is October 24, 1991.
(b) For the purposes of determining whether
or not the Division has acted in the time frame established to process permit
applications set forth in paragraph (5), the evaluation period shall not begin
until a complete application has been filed in the Division of Air Pollution
Control's Nashville office.
(c) The
Division shall denote the date that all applications for construction permits
are received in its Central office. Applications received after 4:30 p.m. local
time will be considered as being received the next working day.
(d) Upon receipt of a construction permit
application, the Division must examine it to ensure that it is complete within
30 days. If the application is found to be incomplete, parts 1. through 4. of
this subparagraph apply. The 30 days completeness evaluation time period is
extended to 90 days for minor and conditional major sources of the
nonattainment pollutant or its precursor pollutants as identified in part
(4)(b)47. of Rule
1200-03-09-.01 located within
the boundary of a nonattainment area so designated by the Board and/or the
United States Environmental Protection Agency.
1. If an application for a construction
permit is determined to be incomplete, the Division must notify the applicant
in writing via certified mail of the finding with a brief explanation of the
deficiencies. The application filing/processing fee shall be retained by the
Division.
2. After receiving notice
from the Division that the application was incomplete, the applicant shall have
180 calendar days to correct the deficiencies. If properly corrected, the
application will be processed and no additional fee is required. The permit
will then be granted or denied in accordance with this chapter and Chapter
1200-03-09. If the deficiencies are not corrected within the 180-day correction
period, the fee will be forfeited in its entirety to the Division and the
Division will officially deny the permit based on the incomplete permit
application. If the applicant re-applies, a new application/processing fee must
be paid in full along with the re-application.
3. It is the express intent of the Board that
the 180-day permit application correction period is not to be construed by an
applicant as permission to construct or modify a source without the permit
required by Chapter 1200-03-09.
4.
Upon receipt of a corrected application revised pursuant to part 1., 2., or 3.
of this subparagraph, the Division shall re-evaluate the application and notify
the applicant of its finding as to whether or not the application is considered
to be complete. If the application is still deemed incomplete the applicant has
the remainder of the initial 180-day period to correct the deficiencies or
forfeit the fee in its entirety. Unless a determination that a corrected
application is not complete is made by the Division and communicated to the
applicant via certified mail within 30 days of receipt, the corrected
application shall be deemed to be complete for the purpose of starting the
Division's permit processing deadline schedule. However, if additional
information is still needed to process the permit, the applicant has a duty to
furnish said information or face denial of the permit.
(e) Revisions to a construction permit
application to reflect changes in the design of the source or the materials to
be processed therein will be accepted by the Division during the permit
processing period. However, the deadline for evaluation as to issuance of a
permit or denial of the request will restart upon each and every significant
revision as though it were an entirely new permit.
(5) Construction Fees.
(a) Construction Permit and Opt-Out Permit
Application Filing/Processing Fees
1. The fee
rates of this subparagraph effective on July 1, 2022, continue to apply until
July 1, 2024.
2. On and after July
1, 2024, a responsible official applying for the construction permit (i.e.,
construction as defined in subparagraph (2)(j) of this rule) required by Rule
1200-03-09-.01, or an opt-out
permit, must pay a construction permit application filing/processing fee as
follows:
(i) A responsible official of a
minor source or a conditional major source must pay construction permit
application fees as set forth in subparagraph (g), Schedule A of this
paragraph. The fee determined from subparagraph (g), Schedule A of this
paragraph shall be calculated based on the definitions of AMER and anticipated
maximum increase in emissions, as defined in subparagraphs (2)(u) and (v) of
this rule.
(ii) A responsible
official of a major source or a source subject to paragraph (11) of this rule
(hereinafter, "Paragraph 11 source") must pay a construction permit application
fee of $7,000.
(iii) Except as
specified in subpart (v) of this part, a responsible official applying for a
Prevention of Significant Air Quality Deterioration permit as required by
paragraph (4) of Rule
1200-03-09-.01 must pay a
construction application fee of $70,000.
(iv) Except as specified in subpart (v) of
this part, a responsible official applying for a permit under the provisions of
paragraph (5) of Rule
1200-03-09-.01, Growth Policy,
must pay a construction application fee of $70,000.
(v) A responsible official applying for a
plantwide applicability limit (PAL) under the provisions of subparagraph (4)(s)
of Rule 1200-03-09-.01 or part (5)(b)10.
of Rule 1200-03-09-.01 must pay an
application fee of $10,000 per pollutant.
(vi) A responsible official of an existing
Paragraph 11 source applying for an operating permit to opt out of being a
Paragraph 11 source, as described in subparagraph (11)(a) of Rule
1200-03-09-.02, by limiting the
potential to emit such that the potential emissions of all pollutants are below
the major source applicability thresholds, as defined in part (11)(b)14. of
Rule 1200-03-09-.02, must pay an
application fee of $18,000.
3. On and after July 1, 2024, an applicant
for a minor source or a conditional major source applying to make a change to
an existing source or permit such that a new construction permit is required
must pay a permit application fee as set forth in subparagraph (g), Schedule A
of this paragraph. This fee is determined by the anticipated maximum increase
in emissions, as defined in subparagraph (2)(v) of this rule, from the AMER of
the previous construction permit for the source. The fee rates in this part in
effect on July 1, 2022, continue to apply until July 1, 2024.
4. On and after July 1, 2024, an owner or
operator of a source that submits notice of intent for coverage under a general
permit serving as a construction permit shall pay a permit application fee
equal to that determined in accordance with the subparagraph (g) of this
paragraph, Schedule A fee corresponding to the applicant's AMER, unless an
alternate construction permit application fee is stipulated in the table below.
If Schedule A from subparagraph (g) of this paragraph is used to determine the
fee, it shall be determined by the anticipated maximum increase in emissions,
as defined in subparagraph (2)(v) of this rule, from the AMER of the previous
construction permit for the source.
|
General Permit Category |
Construction and Modification Permit Application Fee |
|
Perchloroethylene and Petroleum Solvent Dry Cleaners |
$100 |
|
Concrete batch plants |
$100 |
|
Portable rock crushers |
$100 |
|
Asphalt plants |
$250 |
|
Air Curtain Incinerators |
$500 |
5.
All application filing/processing fees required by this subparagraph are due
upon submission of the permit application.
(b)
1. The
fee rates required by this subparagraph effective July 1, 2022, continue until
July 1, 2024.
2. With the exception
of changes received during the initial construction permit evaluation period
(i.e., prior to the Division letter or email denoting application
completeness), all revisions under subparagraph (4)(e) of this rule that result
in an increase in allowable emissions sought by the applicant or an increase in
actual emissions declared in the original application for a permit shall be
subject to a fee equal to the following:
(i)
For minor sources and conditional major sources, one-half of the Schedule A fee
corresponding to the applicant's anticipated maximum emission rate, not to
exceed $500.
(ii) For Paragraph 11
sources, $3,500.
3. The
fee required by subparts 2(i) and (ii) of this subparagraph is determined by
the anticipated maximum increase in emissions from the anticipated maximum
emission rate of the previous construction permit for the source.
(c) Reserved.
(d) The Division must consider all
applications for construction that are received from a source in the Division's
Nashville office on the same date as a source submittal. The source submittal
is subject to the applicable permit filing/processing fee.
(e) The Division must make a decision to
issue or deny a request for a permit in one of the categories listed in parts
1. through 4. of this subparagraph and notify the applicant of that decision in
accordance with the following time-lines:
1.
Major source or Paragraph 11 source construction permit reviews must be
completed in 180 days, from receipt of a complete application unless a longer
period is agreed to in writing by the applicant.
2. Minor and conditional major source
construction permit reviews must be completed within 115 days from receipt of a
complete application.
3. PAL
reviews must be completed within 365 days from receipt of a complete
application unless a longer period is agreed to in writing by the
applicant.
4. Operating permit
reviews for an existing major source or Paragraph 11 source applying for an
operating permit to opt out of being a major source or Paragraph 11 source by
limiting the potential to emit such that they are below the major source
applicability thresholds must be completed within 365 days from receipt of a
complete application unless a longer period is agreed to in writing by the
applicant.
5. If a mutual agreement
letter required by part (6)(b)1. of this rule or subparagraph (11)(a) of Rule
1200-03-09-.02 has been
requested by the Division at least seven days prior to a deadline specified in
part 1., 2., 3., or 4. of this subparagraph, but is not received by that
deadline, the applicable deadline specified in part 1., 2., 3., or 4. of this
subparagraph shall be seven days after receipt of the agreement
letter.
6. If a source is required
to have a compliance schedule in their permit in accordance with paragraph (4)
of Rule 1200-03-09-.02 arises after an
application was deemed complete, the deadlines specified in part 1., 2., 3., or
4. of this subparagraph shall be extended as follows:
(i) 21 days after receipt of a compliance
schedule from the applicant that is acceptable to the Technical Secretary if
the draft permit is not required to have a public comment period.
(ii) 60 days after receipt of a compliance
schedule from the applicant that is acceptable to the Technical Secretary if
the draft permit is subject to an opportunity for public comment, and no public
hearing is held.
(iii) 60 days
after receipt of a compliance schedule from the application that is acceptable
to the Technical Secretary if the draft permit is subject to an opportunity for
public comment and a public hearing is announced along with the opportunity for
public comment on the draft permit.
(iv) 90 days after receipt of a compliance
schedule from the applicant that is acceptable to the Technical Secretary if
the draft permit is subject to an opportunity for public comment, if a public
hearing is requested during the public comment period, and the public hearing
is held after the close of the public comment period.
(f) In the event that the Division
fails to process the construction permit application within the time lines
established in subparagraph (e) of this paragraph, the Division will refund the
permit filing/processing fee to the applicant in full. The refund will be made
within 30 days following the date that the deadline for a decision on that
particular permit application was established. For refunds in excess of $1,000,
additional time to allow review and approval of the refund by the Office of the
Attorney General shall be allowed.
(g) The appropriate permit filing/processing
fee shall be determined by the applicant from the following schedules:
SCHEDULE A - CONSTRUCTION PERMIT FEES FOR MINOR AND CONDITIONAL MAJOR SOURCES
|
Anticipated Maximum Emission Rate |
(Filing/Processing) Permit Fee |
|
Less Than 10 Tons/Year |
$100 |
|
10 to < 100 Tons/Year |
$500 |
|
100 to < 250 Tons/Year |
$1,000 |
|
250 to < 500 Tons/Year |
$2,000 |
|
500 to< 1,000 Tons/Year |
$3,000 |
|
1,000 to < 5,000 Tons/Year |
$4,000 |
|
5,000 and Greater Tons/Year |
$5,000 |
(6) Annual Fees for Minor and Conditional
Major Sources.
(a) A responsible official of a
minor source and/or a conditional major source must pay an annual fee to the
State of Tennessee. The annual fee shall be based on the source's allowable
emissions as defined in subparagraph (2)(d) of this rule.
(b)
1. The
minor source and conditional major source annual emission fee must be
calculated using the sum of the allowable emissions of all regulated pollutants
at a source. Upon mutual agreement of the responsible official and the
Technical Secretary, a more restrictive regulatory requirement may be
established to minimize the allowable emissions and thus the annual emission
fee. The more restrictive requirement must be specified in the permit, and must
include the method(s) used to determine compliance with the limitation(s). The
documentation procedure to be followed by the source owner or operator must
also be included to ensure that the limit is not exceeded. Exceedances of the
mutual agreement limit will be considered by the Board as circumvention of the
required annual emissions fee and a matter in which enforcement action must be
pursued.
2. To reduce the amount of
the fee as provided in part 1. of this subparagraph, the responsible official
must submit a letter to the Technical Secretary requesting reduced allowable
emissions and providing the method or methods that will be used to ensure
compliance with the requested limit or limits. This request must be received at
least 90 days prior to the applicable due date of the annual fee. Any request
received after that deadline may only apply to the fee for the following year
and not for the year being invoiced.
(c) All minor and conditional major source
annual fees are due and payable to the State of Tennessee in full according to
Schedule I of this subparagraph. The county in which a source is located
determines when the source's annual fee is due. If a source is located on
contiguous property in more than one county, the county appearing earliest in
the calendar year shall be used to determine the due date of the annual fee.
Due to seasonal operations, cotton gin source annual fees are due and payable
annually to the State of Tennessee by December 1 of each year regardless of the
county in which the source is located. The fee must be paid to the State of
Tennessee in full by the first day of the month that the fee is due. The
Technical Secretary extends this due date by an appropriate period not to
exceed 90 days where the source owner or operator's fee notice was mailed by
the Department to an incorrect mailing address.
SCHEDULE I
Month the Annual Fee Is Due (Accounting Period) Counties in the Monthly Grouping
|
January |
Anderson, Bedford, Benton, Bledsoe, Blount, Bradley, and Campbell |
|
February |
Cannon, Carroll, Carter, Cheatham, Chester, Claiborne, Clay, and Cocke |
|
March |
Coffee, Crockett, Cumberland, Davidson, Decatur, DeKalb, Dickson, Dyer, and Fayette |
|
April |
Fentress, Franklin, Gibson, Giles, Grainger, Greene, and Grundy |
|
May |
Hamblen, Hamilton, Hancock, Hardeman, Hardin, Hawkins, Haywood, and Henderson |
|
June |
Henry, Hickman, Houston, Humphreys, Jackson, Jefferson, Johnson, Knox, Lake, Lauderdale, Lawrence, and Lewis |
|
July |
Lincoln, Loudon, McMinn, McNairy, Macon, and Madison |
|
August |
Marion, Marshall, Maury, Meigs, Monroe, Montgomery, Moore, and Morgan |
|
September |
Obion, Overton, Perry, Pickett, Polk, Putnam, and Rhea |
|
October |
Roane, Robertson, Rutherford, Scott, Sequatchie, Sevier, and Shelby |
|
November |
Smith, Stewart, Sullivan, Sumner, Tipton, Trousdale, Unicoi, and Union |
|
December |
Van Buren, Warren, Washington, Wayne, Weakley, White, Williamson, and Wilson |
(d)
1. A newly constructed minor or conditional
major source beginning operation subsequent to the annual accounting period for
the county in which it is located shall not be required to pay an annual fee
for the remainder of the annual accounting period. A minor or conditional major
source ceasing operations during the annual accounting period will not receive
a refund for annual fees paid.
2.
Sources issued a combination construction and operating permit in accordance
with paragraph (12) of Rule
1200-03-09-.02 shall pay annual
fees as if operation of the new or modified source began on the date of permit
issuance. This part does not apply to sources for which construction and
operation of the new source or modification began prior to receipt of a
construction permit.
(e)
Except for sources that are covered under a general permit issued in accordance
with Rule
1200-03-09-.06, the appropriate
annual emissions fee for minor and conditional major sources in operation on or
after July 1, 1993, shall be calculated at an emission fee rate of $18.75 per
ton of allowable emissions of regulated pollutants at the time of the fee
assessment by the Division based on the current active permit(s). Sources with
allowable emissions less than 10 tons will not be subject to this fee, provided
that such source has not taken a limitation on their permit that would render
them a conditional major source.
(f) A responsible official of a source
operating under a general permit shall pay an annual emissions fee as
stipulated in subparagraph (e) of this paragraph based on the allowable
emissions specified in the general permit unless different fee rates are
stipulated in the following table. These fees are due and payable by the date
established in subparagraph (c) of this paragraph:
|
General Permit Category |
Combined Annual Emission Fee and Base Fee |
Permit Review Fee |
|
Perchloroethylene and Petroleum Solvent Dry Cleaners |
$0 |
$0 |
|
Concrete Batch Plants with emissions less than 10 tons per calendar year |
$0 |
$0 |
|
Concrete Batch Plants with emissions greater than or equal to 10 tons per calendar year |
$400 |
$0 |
|
Portable rock crushers at True Minor Facilities |
$1,000 |
$0 |
|
Portable rock crushers at Conditional Major Facilities |
$1,000 |
$500 |
|
Asphalt Plants |
$1,000 |
$500 |
(g)
Deleted.
(h) Deleted.
(i) The annual emission fee will be
calculated on no more than 4,000 tons per year of each regulated pollutant. An
annual emission fee will not be charged for carbon monoxide or for emissions of
a pollutant solely because the pollutant is a constituent of greenhouse
gases.
(j) Deleted.
(k) Conditional major sources must pay an
annual permit review fee in accordance with the table below in addition to the
annual emission fees specified in subparagraph (e) of this paragraph. This fee
is due and payable to the State of Tennessee according to Schedule I found in
subparagraph (c) of this paragraph. When determining the permit review fee, the
allowable tons per year shall be calculated in accordance with subparagraph (b)
of this paragraph except that carbon monoxide emissions shall be included.
|
Allowable Tons Per Year |
Review Fee |
|
0-50 |
$250 |
|
50.1-100 TPY |
$500 |
|
100.1-250 TPY |
$1,000 |
|
250.1 and up |
$2,000 |
(7) Payment of Fees.
(a) All fees regulated by this chapter shall
be payable to the State of Tennessee.
(b) Fees not paid, late fees, and returned
checks are subject to the provisions of paragraph (8) of this rule.
(c) Returned checks for any reason (i.e.
insufficient funds, account closed, etc.) are considered failure to pay until
such time collected funds are forwarded to the State of Tennessee. Returned
checks are subjected to additional handling charges.
(d) Annual fee payments and permit review fee
payments shall be clearly identified with the "Emission Source Reference
Number" or "Facility ID" specified in the source's permit(s) and the invoice
number, if available, or by an alternative method proposed by the source and
agreed to by the Technical Secretary. Major sources paying fees on more than
one SIC code at their facility shall denote the SIC code on their check for the
account upon which they are paying. Delivery of the payment shall be to the
location prescribed by the Technical Secretary.
(e) When a fee overpayment has been made as a
result of an error by the source, an owner or operator may seek a credit or
refund for such fee overpayment within one year from the date on which the
State of Tennessee received payment of the fee.
(f) Online payment can be made to the State
of Tennessee for annual fees by following the established State of Tennessee
online payment process. Online payments require the inclusion of the customer
identification number and the invoice number, if available, to ensure proper
crediting of payment.
(8) Late Fees - Failure to Pay.
(a) The Technical Secretary will not issue
any permit or renewal of a permit to an applicant until all fees required by
this chapter have been paid in full to the State of Tennessee.
(b) If any part of any fee imposed under this
rule is not paid within 15 days of the due date, a late payment penalty of five
percent of the amount due shall at once accrue and be added thereto.
Thereafter, on the first day of each month during which any part of any fee or
any prior accrued late payment penalty remains unpaid, an additional late
payment penalty of five percent of the then unpaid balance shall accrue and be
added thereto. In addition, the fees not paid within 15 days after the due
date, shall bear interest at the maximum lawful rate from the due date to the
date paid, compounded monthly; however, the total of the penalties and interest
that accrue pursuant to this subparagraph shall not exceed three times the
amount of the original fee.
(c) It
is the express intent of the Tennessee Air Pollution Control Board that late
payment fees or interest accrued on an unpaid fee are not to be viewed by the
Technical Secretary as a mitigating factor in calculating a civil penalty for
construction or operating without the permits required by Rule
1200-03-09-.01 and/or Rule
1200-03-09-.02.
(9) Annual Fees for Major Sources
and Sources Subject to Paragraph (11) of Rule
1200-03-09-.02.
(a)
1. A
responsible official of a major source or a source subject to paragraph (11) of
Rule 1200-03-09-.02 (hereinafter,
"Paragraph 11 source") must pay an annual fee to the State of Tennessee. A
major source or Paragraph 11 source is not subject to the minor and conditional
major source annual fees of paragraph (6) of this rule on or after July 1,
1994. Prior to July 1, 2022, a major source or Paragraph 11 source paying major
source annual fees pursuant to this paragraph (9) will not be subject to the
construction permit fees of paragraph (5) of this rule for any additional
construction occurring at the source as long as the source remains a major
source or Paragraph 11 source. On or after July 1, 2022, all major sources and
Paragraph 11 sources are subject to the construction permit fees of paragraph
(5) of this rule.
2. Effective
January 1, 2018, the following shall apply:
(i) Sources choosing to pay annual fees on an
allowable emissions basis pursuant to subparagraph (b) of this paragraph shall
pay 100% of the fee due pursuant to subparagraph (d) of this paragraph:
(I) No later than April 1 of the year
immediately following the annual accounting period for which the fee is due for
sources paying on a calendar year basis pursuant to subparagraph (b) of this
paragraph; or
(II) No later than
April 1 of the current fiscal year for sources paying on a fiscal year basis
pursuant to subparagraph (b) of this paragraph.
(ii) Sources choosing to pay annual fees on
an actual emissions basis or a combination of actual and allowable emissions
basis and on a calendar year basis pursuant to subparagraph (b) of this
paragraph shall pay 100% of the fee due pursuant to subparagraph (d) of this
paragraph no later than April 1 of the year immediately following the annual
accounting period for which the fee is due, except as allowed by part (g)3. of
this paragraph.
(iii) Sources
choosing to pay annual fees on an actual emissions basis or a combination of
actual and allowable emissions basis and on a fiscal year basis pursuant to
subparagraph (b) of this paragraph shall pay an estimated 65% of the fee due
pursuant to subparagraph (d) of this paragraph no later than April 1 of the
current fiscal year. The remainder of the annual fee is due August 1 of each
year, except as allowed by part (g)3. of this paragraph.
(b)
1. On or before December 31 of the annual
accounting period, the responsible official must submit to the Division in
writing the responsible official's determination to pay the annual fee based
on:
(i) Either a calendar year or state fiscal
year; and
(ii) Actual emissions,
allowable emissions, or a mixture of actual and allowable emissions of
regulated pollutants.
2.
If the responsible official does not declare a fee payment choice as provided
in subparts 1.(i) or (ii) of this subparagraph, then the basis of the annual
fee payment shall be the same as the responsible official's most recent choice
of fee payment, or, if no such previous choice was made, the basis of the
annual fee payment shall be that specified in the source's current major source
operating permit.
3. If the
responsible official wishes to restructure allowable emissions for a major
source or Paragraph 11 source for the purpose of lowering the annual fee, then
an application must be filed at least 90 days prior to December 31 of the
annual accounting period as provided in subparagraph (g) of this
paragraph.
4. The responsible
official of a newly constructed major source, Paragraph 11 source, or minor
source modifying its operation such that the source becomes a major source or
Paragraph 11 source shall pay an initial annual fee based on a calendar year
and allowable emissions for the fractional remainder of the calendar year
commencing upon the source's start-up. However, in no case shall the annual fee
be less than the annual base fee established in part (d)1 of this paragraph.
Prior to July 1, 2024, in no case shall the annual fee be less than the minimum
fee established in subpart (d)2.(ii) of this paragraph effective on July 1,
2022.
5. For purposes of the
payment of annual fees due July 1, 2016, parts 1. and 2. of this subparagraph
shall not apply. Annual fees due July 1, 2016, shall be based on the state
fiscal year and the annual fee basis (actual emissions, allowable emissions, or
a mixture) specified in a source's current major source operating permit. If a
source does not have an effective major source operating permit on July 1,
2016, then the source's responsible official shall pay the annual fee based on
the state fiscal year and allowable emissions.
(c) Reserved.
(d)
1.
Notwithstanding the fee rates established by parts 2. and 4. of this
subparagraph, a responsible official of any source subject to this paragraph
shall pay an annual base fee which shall be calculated in accordance with
subparts (i) through (iii) of this part. This base fee shall be paid in
addition to the annual emission fee established by subpart 2.(iii) of this
subparagraph. The fee rates required by this part effective July 1, 2022,
continue to apply until July 1, 2024.
(i) The
base fee shall be determined by the number of federal air quality standards to
which a major source or Paragraph 11 source is subject. The following federal
air quality standards shall be considered if the standards have been
incorporated into a permit issued to the facility under the provisions of
Chapter 1200-03-09 or have been incorporated into Chapter 0400-30-38 or Chapter
0400-30-39:
(I) Standards of Performance for
New Stationary Sources as codified in 40 C.F.R. part 60, excluding subparts A,
B, Ba, C, Cb, Cc, Cd, Ce, Cf, AAA, DDDD, FFFF, MMMM, and UUUUa.
(II) National Emission Standards for
Hazardous Air Pollutants as codified in 40 C.F.R. part 61, excluding subpart
A.
(III) National Emissions
Standards for Hazardous Air Pollutants as codified in 40 C.F.R. part 63,
excluding subparts A, B, C, D, E, OO, PP, QQ, RR, SS, TT, UU, VV, and
XX.
(ii) If a facility
is subject to 40 C.F.R. part 60 subpart IIII or JJJJ, or 40 C.F.R. part 63
subpart ZZZZ or CCCCCC and is only subject to that subpart for air contaminate
sources that are not required to be included in a permit in accordance with
paragraph (4) of Rule
1200-03-09-.04, then such
subpart shall not be included when determining the number of federal air
quality standards that a source is subject.
(iii) The base fee is determined in
accordance with the following table:
|
Number of federal air quality standards |
Base Fee |
|
0 |
$10,000 |
|
1 |
$15,000 |
|
2 to 3 |
$20,000 |
|
4 to 5 |
$30,000 |
|
6 to 10 |
$40,000 |
|
11 to 20 |
$50,000 |
|
21 and up |
$75,000 |
2.
(i) For
purposes of this part, an electric utility generating unit (EGU) means any
steam electric generating unit or stationary combustion turbine that is
constructed for the purpose of supplying more than one-third of its potential
electric output capacity and more than 25 MW net-electrical output to any
utility power distribution system for sale. Also, any steam supplied to a steam
distribution system for the purpose of providing steam to a steam electric
generator that would produce electrical energy for sale is considered in
determining the electrical energy output capacity of the affected
EGU.
(ii) Notwithstanding the
annual emission fee rates established by subpart (iii) of this part, the annual
fee required to be paid by a responsible official of any source subject to this
paragraph shall be no less than:
(I) $5,500
for sources (Once in/Always in sources) subject to this paragraph solely due to
the May 16, 1995 EPA memorandum entitled, ''Potential to Emit for MACT
Standards-Guidance on Timing Issues,'' from John Seitz, Director, Office of Air
Quality Planning and Standards (OAQPS), to EPA Regional Air Division Directors,
provided that the source has permitted allowable emissions below the major
source thresholds found in part (11)(b)14. of Rule
1200-03-09-.02. If the source's
permitted allowable emissions are not below those major source thresholds as of
October 31 of the annual accounting period for which fees are due under this
part, then item (II) of this subpart applies; and
(II) $10,000 for all other sources subject to
this paragraph for fees due on and after January 1, 2023.
(iii) The emission fee rates applied to
calculate the annual fee assessed pursuant to subparagraph (a) of this
paragraph shall be as follows:
(I) Fee based
on actual emissions: $70.50 per ton for non-EGU sources and $98.50 per ton for
EGU sources; and
(II) Fee based on
allowable emissions: $48.50 per ton for non-EGU sources and $68.00 per ton for
EGU sources.
(iv) The
fees and fee rates enumerated in this subparagraph must be supported by the
Division's annual workload analysis that is approved by the Board.
(v) When subparts 1.(i) through (iii) of this
subparagraph become effective, subpart (ii) of this part will no longer be
applicable.
3. The fees
and fee rates specified in this subparagraph shall remain in effect until the
effective date of an amendment to this subparagraph. Any revision to the fees
and fee rates must result in the collection of sufficient fee revenue to fund
the activities identified in subparagraph (1)(c) of this rule and must be
supported by the Division's annual workload analysis that is approved by the
Board.
4. Notwithstanding the fee
rates established by part 1. or 2. of this subparagraph, a responsible official
of any source subject to this paragraph shall pay a Title V modification fee
calculated as follows:
(i) For each minor
permit modification issued in accordance with subpart (11)(f)5.(ii) of Rule
1200-03-09-.02 during the
calendar year preceding the year in which the annual fee is due, the
responsible official shall pay $2,800.
(ii) For each significant modification issued
in accordance with subpart (11)(f)5.(iv) of Rule
1200-03-09-.02 during the
calendar year preceding the year in which the annual fee is due, the
responsible official shall pay $5,000.
5. The Title V modification fee required by
part 4. of this subparagraph shall be paid in addition to the annual emission
fee established by subpart 2.(iii) of this subparagraph. The Title V
modification fee is not required for complete minor permit modification and
significant modification applications received prior to July 1, 2024.
(e)
1. An emission cap of 4,000 tons per year per
regulated pollutant per major source SIC code shall apply to actual or
allowable based emission fees. A major source annual emission fee will not be
charged for emissions in excess of the cap(s) or for carbon monoxide.
2. No annual fee under this paragraph (9)
will be charged for emissions of a pollutant solely because the pollutant is a
constituent of greenhouse gases.
(f) In the case where a source is shut down
such that it has operated only during a portion of the annual accounting period
and the source's permits are forfeited to the Technical Secretary, the
appropriate fee shall be calculated on a prorated basis over the period of time
that the source was operated in the annual accounting period. The responsible
official of a major source or Paragraph 11 source that is shut down, but wishes
to retain its permits, shall pay a maintenance fee equivalent to 40% of the fee
that would be charged had the responsible official determined to base the
annual fee on allowable emissions. If the responsible official chooses this
option in the midst of an annual accounting period, then the fee will be
prorated according to the number of months that the source was in the
maintenance fee status. However, in no case shall the annual fee be less than
the minimum annual fee established in subpart (d)2.(ii) of this paragraph. The
responsible official shall notify the Division no later than December 31 of the
annual accounting period so that the Division will have sufficient time to
adjust billing records for the maintenance fee status.
(g) Responsible officials required to pay the
major source or Paragraph 11 source annual fee pursuant to subparagraph (a) of
this paragraph must conform to the following requirements with respect to fee
payments:
1.
(i) If a responsible official paying the
annual fee based on allowable emissions wishes to restructure the allowable
emissions of a major source or Paragraph 11 source for the purpose of lowering
the annual fee, then upon mutual agreement of the responsible official and the
Technical Secretary, a more restrictive regulatory requirement may be
established to minimize the allowable emissions and thus the annual fee. The
more restrictive regulatory requirement, the method used to determine
compliance with the limitation, and the documentation procedure to be followed
by the major source or Paragraph 11 source to ensure that the limit is not
exceeded must be included in the application and specified in a permit through
either the permit modification processes of paragraph (11) of Rule
1200-03-09-.02, or the
construction permit processes of Rule
1200-03-09-.01, or both. The
more restrictive requirement shall be effective for purposes of lowering the
annual fee upon agreement by both the responsible official and the Technical
Secretary and for all other purposes shall be effective upon issuance of the
permit, modification, or both.
(ii)
To reduce the amount of the fee as provided in subpart (i) of this part, the
responsible official must file a complete permit modification or construction
permit application with the Division at least 90 days prior to December 31 of
the annual accounting period.
2. The responsible official shall file an
analysis of actual emissions, allowable emissions, or both actual and allowable
emissions, whichever is appropriate due to the basis of the annual fee payment,
with the Technical Secretary on or before the date the fee is due pursuant to
subparagraph (a) of this paragraph. The analysis shall summarize the emissions
of all regulated pollutants at the air contaminant sources of the major source
or Paragraph 11 source facility and shall be used to calculate the amount of
the annual fee owed pursuant to subparagraph (a) of this paragraph.
(i) An annual fee based on both actual
emissions and allowable emissions shall be calculated utilizing the 4,000 ton
per year cap specified in subparagraph (2)(i) of this rule. In determining the
tonnages to be applied toward the regulated pollutant 4,000 ton cap in a mixed
base fee, the responsible official shall first calculate the actual
emission-based fees for a regulated pollutant and apply that tonnage toward the
regulated pollutant's cap. The remaining tonnage available in the 4,000 ton
category of a regulated pollutant shall be subject to allowable emission-based
fee calculations. Once the 4,000 ton per year cap has been reached for a
regulated pollutant, no additional fee for that pollutant shall be
required.
(ii) If the responsible
official chooses to base the annual fee on actual emissions, then the
responsible official must prove the magnitude of the source's emissions to the
satisfaction of the Technical Secretary.
3.
(i)
Responsible officials choosing to pay the annual fee based on actual emissions
or a mixture of actual and allowable emissions may request an extension of time
for filing the emissions analysis with the Technical Secretary. The extension
may, for facilities paying fees on a calendar year basis, be granted by the
Technical Secretary for up to 90 days after the fee is due pursuant to
subparagraph (a) of this paragraph. The extension may, for facilities paying
fees on a fiscal year basis, be granted by the Technical Secretary for up to 60
days after the fee is due pursuant to subparagraph (a) of this paragraph. The
request for extension must be received by the Division no later than 4:30 p.m.
on April 1 or the request for extension shall be denied. The request for
extension to file must state the reason for the request and provide an adequate
explanation. An estimated annual fee payment of no less than 65% of the annual
fee must accompany the request for extension to avoid penalties and interest on
the underpayment of the annual fee. The remaining balance due must accompany
the emission analysis. If there has been an overpayment, the responsible
official may request a refund in writing to the Division or the amount of the
overpayment may be applied as a credit toward the next annual fee.
(ii) A responsible official choosing to pay
the annual fee based on allowable emissions is not eligible for the extension
of time authorized by subpart (i) of this part.
(h) Reserved.
(i) Reserved.
Notes
Authority: T.C.A. §§ 4-5-201, et seq.; 4-5-202, et seq.; 68-201-101, et seq.; 68-201-105, et seq.; and 68-203-103, et seq.
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