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24.0541 Annual Fees.

Cite as [A.S.A.C. § 24.0541]

(a) Annual fees shall be paid in full within sixty days after the end of each calendar year and within thirty days after the permanent discontinuance of the air pollution emission source;

(b) The executive secretary, upon written request from the owner or operator of an air pollution emission source, may extend the annual fee submittal deadline if the executive secretary determines that reasonable justification exists for the extension. The written request for an extension shall be submitted at least fifteen days prior to the required submission due date, and include the following information:

(1) Justification for the extension, including a showing that reasonable effort and resources have been and are being utilized in the calculation of annual emissions and the corresponding annual fee as calculated pursuant to this section;

(2) description of the problems being encountered and reasons for any delays in meeting the annual fee deadline;

(3) The current status of emission calculations; and

(4) The projected date of submitting the annual fee. If the executive secretary disapproves an extension for the annual fee submittal, the owner or operator shall pay the required annual fees within thirty days of receipt of the disapproval notification or the original submittal deadline, whichever is later. If the executive secretary approves an extension for the annual fee submittal, the owner or operator shall pay the required annual fees by the extended approval date. Any part of the annual fee that is not paid within the required time shall at once be assessed the late penalty fee pursuant to section 24.0537.

(c) Annual fees due within sixty days after the end of each calendar year shall be based upon the calculated tons of regulated air pollutants emitted during the prior calendar year in which the annual fees are due.

(d) Annual fees due within thirty days after permanent discontinuance of the air pollution emission source shall be based upon the calculated tons of regulated air pollutants emitted after the last calendar year for which annual fees were paid.

(e) Annual fees shall be assessed for each ton of regulated air pollutant emitted by an air pollution emission source except for:

(1) Carbon monoxide emissions;

(2) Fugitive emissions if fugitive emissions are not included in the applicable requirements or AP-42.

(f) For the calendar year 2003 the dollar per ton charge shall be the base rate of $18 per ton for each regulated air pollutant emitted by an air pollution emission source, and 10 times the base rate for each ton of hazardous air pollutants emitted by an air pollution emission source.

(g) The calculated emissions in tons per year shall be determined by using the following parameters:

(1) An emission factor derived from the allowable emission rate;

(2) The actual production, operating hours, amount of materials processed or stored, or fuel usage of the air pollution emission source during the prior calendar year the annual fees are due, as applicable; and

(3) If not already considered in the allowable emission rate, a percentage reduction factor based upon the efficiency of the air pollution control equipment. Other operating parameters of the air pollution emission source may be used in the fee calculation if approved by the executive secretary.

(h) The allowable emission rate referenced in subsection (g)(1) is based upon the emission rate specified in an air pollution control permit or applicable requirement. If the allowable emission rate is not specified in the stationary air pollution source permit or applicable requirement, the appropriate AP-42 air pollutant emission factor shall be used to determine the calculated emissions in tons per year.

(i) the parameters referenced in subsection (g)(2) shall be based upon verifiable documentation presented by the owner or operator of the air pollution emission source. If an owner or operator of an air pollution emission source cannot provide verifiable documentation on the parameters referenced in subsection (g)(2), the maximum allowable production, operating hours, amount of material processed or stored, or fuel usage shall be used in calculating the total annual tonnage of regulated air pollutants emitted form the air pollution emission source. Any fraction of a ton calculated shall be rounded up to the next whole ton to obtain the annual tonnage of each regulated air pollutant subject to annual fees.

(j) The percentage reduction factor referenced in subsection (g)(3) shall be based upon the percentage reduction provided by AP-42 or an applicable requirement. The executive secretary shall establish the appropriate percentage reduction factor, and may adjust the reduction factor based on actual performance of the air pollution control equipment.

(k) Annual fees shall be calculated on fee worksheets furnished by the executive secretary. If a fee worksheet is not provided for a particular air pollution emission source, the owner or operator of an air pollution emission source shall provide the worksheet, showing the method, assumptions, emissions factors, and calculations used to obtain the calculated emission in tons per year, for each regulated air pollutant emitted.

History: 2005