Section Env-A 705.02 - Annual Emission Fee(a) In addition to other fees specified in this chapter, pursuant to RSA 125-C:12, IV or V, the owner or operator of a stationary source, area source, or device that is required to have a temporary permit, state permit to operate, or title V operating permit shall pay to the department an annual emission fee that includes: (1) A baseline emission fee as specified in Env-A 705.06 through Env-A 705.10; and(2) An emission-based fee calculated each calendar year pursuant to Env-A 705.03 and Env-A 705.04.(b) The owner or operator of a source or device that is operating pursuant to a general state permit for the source category of emergency generators/emergency engines described in Env-A 610.04(b)(1), a permit-by-notification, or a limitation on potential to emit pursuant to Env-A 625 shall not pay an annual emission-based fee or annual baseline emission fee with respect to that source or device.(c) Pursuant to 42 U.S.C. § 7661a(b)(3)(B)(ii)(III), carbon monoxide (CO) emissions shall not be considered a regulated pollutant for presumptive fee calculations for purposes of 40 CFR § 70.9(b)(2), and any fees collected under this part resulting from CO emissions shall not be used to support the title V program in this state.(d) Pursuant to 42 U.S.C. § 7661a(b)(3)(B)(iii) and 40 CFR §70.9(b)(2)(ii)(B), any fees collected under this part resulting from emissions of any one regulated pollutant in excess of 4,000 tons per year shall not be used to support the title V program in this state.N.H. Code Admin. R. Env-A 705.02
(See Revision Note at chapter heading for Env-A 700) #1865, eff 1-25-82; amd by #2092, eff 7-20-82; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90 (formerly Env-A 705.02); ss by #6057-B, eff 6-30-95; ss by #7880, eff 4-26-03; amd by #8111, eff 6-26-04; ss by #9792, eff 10-1-10; ss by #9911, eff 4-26-11
Amended by Volume XXXVIII Number 45, Filed November 8, 2018, Proposed by #12649, Effective 10/24/2018, Expires 10/24/2028.