Md. Code Regs. 26.11.02.19

Current through Register Vol. 51, No. 11, May 31, 2024

Section 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.

Md. Code Regs. 26.11.02.19

Regulations .19 adopted effective November 28, 1989 (16:21 Md. R. 2264)
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.8/19/2013
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)