D.C. Mun. Regs. tit. 20, r. 20-305

Current through Register Vol. 71, No. 36, September 6, 2024
Rule 20-305 - PERMIT FEES
305.1

Owners or operators of Part 70 sources shall pay a permit application fee (original and renewal applications) based on the total tons of potential emissions of each regulated pollutant (for presumptive fee calculation purposes) according to the schedule in the following table:

$5,000

Total potential emissions less than 100 tons per year

$7,500

Total potential emissions equal to or greater than 100 tons per year, but less than 250 tons per year

$15,000

Total potential emissions equal to or greater than 250 tons per year, but less than 1,000 tons per year

$30,000

Total potential emissions equal to or greater than 1,000 tons per year

305.2

Owners or operators of Part 70 sources shall pay annual fees (as adjusted pursuant to the criteria set forth in § 305.6) based on the total tons of actual emissions of each regulated pollutant (for presumptive fee calculation purposes) emitted from Part 70 sources following the schedule in the following table:

$1,000

Total actual emissions less than 10 tons per year

$5,000

Total actual emissions equal to or greater than 10 tons per year, but less than 25 tons per year

$10,000

Total actual emissions equal to or greater than 25 tons per year, but less than 100 tons per year

$30,000

Total actual emissions equal to or greater than 100 tons per year

305.3

Owners or operators of Part 70 sources with total actual annual emissions greater than 100 tons per year will pay an annual fee of three hundred dollars ($300) (as adjusted pursuant to the criteria set forth in § 305.6), in addition to the fees specified under § 305.2, for each ton of annual emissions in excess of one hundred (100) tons per year.

305.4

Owners or operators of Part 70 sources subject to annual fees pursuant to § 305.2 shall pay annual fees within twelve (12) months of the date on which the source first becomes subject to the program.

305.5

Owners or operators of sources that accept federally enforceable emission limits pursuant to § 200.6 and § 300.3(c) shall pay a permit application fee (original and renewal applications) of five thousand dollars ($5,000).

305.6

The fees described in §§ 305.2 and 305.3 shall be increased each year by the percentage, if any, by which the Consumer Price Index for the most recent calendar year ending before the beginning of the year exceeds the Consumer Price Index for the calendar year 2015:

(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 31st of each calendar year; and
(b) The revision of the Consumer Price Index which is most consistent with the Consumer Price Index for the calendar year 2015 shall be used. The Consumer Price Index for all- urban consumers for the month of August 2015 is 238.316.
305.7

Owners or operators that fail to pay a fee owed pursuant to §§ 305.1, 305.2, or 305.3 within sixty (60) days of the date that the Department issues an invoice or by September 1, whichever is earlier, unless another deadline is specified in a permit issued pursuant to this chapter, shall pay a penalty of fifty percent (50%) of t he fee amount, plus interest pursuant to § 502(b)(3)(C)(ii) of the Act.

305.8

All fees, penalties, and interest collected pursuant to this chapter shall be deposited by the Department in a special D.C. Treasury fund, subject to appropriation, to carryout Part 70 program activities solely.

D.C. Mun. Regs. tit. 20, r. 20-305

Final Rulemaking published at 40 DCR 8105, 8147 (November 19, 1993); as Final Rulemaking published at 48 DCR 4479 (May 18, 2001); Amended by Final Rulemaking published at 67 DCR 6789 (6/5/2020)