N.H. Code Admin. R. Env-A 705.04

Current through Register No. 25, June 20, 2024

Section Env-A 705.04 - Calculation of Emission-Based Fee

(a) For purposes of this section, the following definitions shall apply:

(1) "Regulated air pollutant" means any air pollutant regulated under RSA 125-C or RSA 125-I;

(2) "Total adjusted annual actual emissions" means the total of all actual emissions of each regulated air pollutant emitted at a stationary source, area source, or device during the year for which the fees are being calculated, up to 6,000 tons per regulated air pollutant, excluding amounts of any hazardous air pollutant or regulated toxic air pollutant that has been included as particulate matter or as a volatile organic compound in the actual emissions, as adjusted per (c), below;

(3) "Consumer price index multiplier" means the percentage by which the 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 June 30 of the year for which the fees are being calculated, exceeds the average of that consumer price index for calendar year 2017;

(4) "Annual cost of permit program operation" means a total cost of $3,500,000 per year;

(5) "Annual emission-based fee" means the total adjusted annual actual emissions multiplied by the dollar per ton rate; and

(6) "Total administrative fees" means the sum of all annual baseline emission fees assessed statewide for the previous year.

(b) The "dollar per ton rate" for purposes of the emission-based fee shall be calculated by:

(1) Multiplying together the following:

a.The "annual cost of permit program operation" as calculated pursuant to (a)(4), above; and

b.The "consumer price index multiplier" as calculated pursuant to (a)(3), above; and

(2) Subtracting the total administrative fees; and

(3) Dividing the difference between (b)(1) and (b)(2), above, by the total statewide adjusted annual actual emissions from the previous year.

(4) Reducing the dollar per ton rate on a per-ton basis by the quotient, rounded to the nearest whole cent, of the dollar amount appropriated by the general court annually to the department's air emission-based fee program, if any, for the year for which the fees are being calculated divided by the statewide total adjusted annual actual emissions.

(c) If the total annual actual emissions are over 250 tons for a stationary source, area source, or device, the total emissions shall be adjusted by multiplying those emissions over 250 tons by a factor of 1.1.

(d) The department shall:

(1) Calculate the consumer price index multiplier; and

(2) Post the dollar per ton rate on the department's website at least 8 months prior to the due date of the emission-based fee.

N.H. Code Admin. R. Env-A 705.04

(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 705.04); ss by #6057-B, eff 6-30-95; ss by #7880, eff 4-26-03; amd by #8111, eff 6-26-04; 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.