Section 250-RICR-120-05-28.7 - Fee DeterminationA. Stationary sources shall pay an annual emissions fee. Sources whose actual emissions are less than ten (10) tons per year shall pay a fixed fee. Fees for sources with actual emissions greater than or equal to ten (10) tons per year shall be assessed on a per ton basis. All regulated air pollutants shall be assessed at the same rate. The Office of Air Resources will determine the fixed fee charge and dollar per ton fee by January 31 of each year and provide public notice of this preliminary fee determination. In all cases, the fee must generate at least enough revenue to cover the direct and indirect costs of running the Operating Permit Program. The Office of Air Resources will determine the final fees by adjusting the preliminary fee determination to account for any monies that may be carried over from the previous fiscal year.B. Stationary sources applying for a standard emissions cap shall pay an application fee of $1100. Stationary sources applying for a general emissions cap shall pay an application fee of $250.C. Stationary sources with approved emissions caps shall pay an annual compliance/assurance fee of $350.D. All fees shall be calculated and assessed based on the actual emissions of all regulated air pollutants from the stationary source. The following shall be excluded from the calculation of actual emissions: 2. Any pollutant that is a regulated air pollutant solely because it is a Class I or II substance subject to a standard promulgated under or established by 42 U.S.C. §§ 7671 through 7671q (CAA §§ 601 through 618);3. Any pollutant that is a regulated air pollutant solely because it is subject to a standard or regulation under U.S.C. §7412(r) (CAA §112(r));4. The amount of a stationary source's actual emissions of each regulated air pollutant that the stationary source emits in excess of four thousand (4000) tons per year.5. The actual emissions from any emissions unit that has been listed as an insignificant activity in § 29.20 of this Subchapter (Operating Permits).E. Actual emissions shall be calculated in accordance with procedures and methods acceptable to the Office of Air Resources.F. Stationary sources may amend their Air Pollution Inventory Forms provided the source demonstrates to the satisfaction of the Office of Air Resources that the original submission was incorrect. Amended forms must then be submitted on the date specified by the Office of Air Resources. The Office of Air Resources may adjust a source's fee due to amended Air Pollution Inventory forms.250 R.I. Code R. 250-RICR-120-05-28.7
Amended effective 1/10/2019