STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 28

OPERATING PERMIT FEES 

Effective 23 January 1995

Last Amended   19 July 2007

AUTHORITY:	These regulations are authorized pursuant to R.I. Gen. Laws
§ 42-17.1-2(s) and 23-23, as amended, and have been promulgated
pursuant to the procedures set forth in the R.I. Administrative
Procedures Act, R.I. Gen. Laws Chapter 42-35.

RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 28

OPERATING PERMIT FEES

TABLE OF CONTENTS  TOC \o "1-3" \h \z \u  

  HYPERLINK \l "_Toc168812767"  28.1	Definitions	  PAGEREF _Toc168812767
\h  1  

  HYPERLINK \l "_Toc168812768"  28.2	Applicability and Exemptions	 
PAGEREF _Toc168812768 \h  4  

  HYPERLINK \l "_Toc168812769"  28.3	Requirement to Pay a Fee	  PAGEREF
_Toc168812769 \h  5  

  HYPERLINK \l "_Toc168812770"  28.4	Fee Determination	  PAGEREF
_Toc168812770 \h  5  

  HYPERLINK \l "_Toc168812771"  28.5	Payment of Fees	  PAGEREF
_Toc168812771 \h  7  

  HYPERLINK \l "_Toc168812772"  28.6	Penalties	  PAGEREF _Toc168812772
\h  8  

  HYPERLINK \l "_Toc168812773"  28.7	General Provisions	  PAGEREF
_Toc168812773 \h  8  

 

RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 28

OPERATING PERMIT FEES

28.1	Definitions

	Unless otherwise expressly defined in this section, the terms used in
this regulation shall be defined by reference to the Rhode Island Air
Pollution Control General Definitions Regulation.  As used in this
regulation, the following terms shall, where the context permits, be
construed as follows:

	28.1.1		"Actual Emissions" means the actual rate of emissions in tons
per year of any regulated pollutant emitted by a stationary source.
Actual emissions shall be calculated using the stationary source's
actual operating hours, production rates, and in-place control
equipment, types of materials processed, stored, or combusted during the
calendar year.

	28.1.2		"Affected Source" shall have the meaning given to it in the
regulations promulgated under Title IV of the Act.

	28.1.3		"Air Pollution Inventory Forms" means the forms the Division
sends to stationary sources for emissions information.

	28.1.4		"Application Fee" means the fee stationary sources applying for
an emissions cap shall pay.

	28.1.5		"Area Source" means any stationary source of hazardous air
pollutants that is not a major source. 

	28.1.6		"Calendar Year" means the period beginning 1 January and ending
the following 31 December.

	28.1.7		"Compliance/assurance fee" means the annual fee which
stationary source's with emissions caps shall pay.

28.1.8		“Emissions Cap" means any emission limitation or physical or
operational limitations, imposed in a federally enforceable document,
that establishes the maximum quantity of emissions which may be released
from a stationary source.

28.1.9 	"Emissions Fee" means the fee assessed on an air pollution
source based on the stationary source's actual emissions calculated in
accordance with Section 28.4.

28.1.10 	“General emissions cap" means an emissions cap that is issued
to similar stationary sources and contains the same terms and
conditions.  A general emissions cap is initially made available for
public comment.  No opportunity for public comment is provided when
individual sources apply to be covered by the general emissions cap.

28.1.11 	Major source” means any of the following:

			(a)	For pollutants other than radionuclides, all of the
pollutant-emitting activities located within a contiguous area and under
common control that emits or has the potential to emit, in the
aggregate, 10 tons per year (tpy) or more of any hazardous air pollutant
which has been listed pursuant to Section 112(b) of the Act, 25 tpy or
more of any combination of such hazardous air pollutants, or such lesser
quantity as the Administrator may establish by rule. Notwithstanding the
preceding sentence, emissions from any oil or gas exploration or
production well (with its associated equipment) and emissions from any
pipeline compressor or pump station shall not be aggregated with
emissions from other similar units, whether or not such units are in a
contiguous area or under common control, to determine whether such units
or stations are major sources; or

			(b)	For radionuclides, “major source” shall have the meaning
specified by the Administrator by rule.

			(c)	All the pollutant-emitting activities, which belong to the same
industrial grouping, are located on one or more contiguous or adjacent
properties and are under control of the same person or persons under
common control, that emits or has the potential to emit, 100 tpy or more
of any air pollutant including any fugitive emissions, to the extent
they are quantifiable; or

				Pollutant-emitting activities shall be considered as part of the
same industrial grouping if they belong to the same two-digit code as
described in the Standard Industrial Classification Manual, 1987.

			(d)	All the pollutant-emitting activities, which belong to the same
industrial grouping, are located on one or more contiguous or adjacent
properties and are under control of the same person or persons under
common control, that emits or has the potential to emit 50 tpy or more
of volatile organic compounds or oxides of nitrogen including any
fugitive emission, to the extent they are quantifiable.

				Pollutant-emitting activities shall be considered as part of the
same industrial grouping if they belong to the same two-digit code as
described in the Standard Industrial Classification Manual, 1987.

	28.1.12	“Regulated pollutant” means the following:

			(a)	Nitrogen oxides or any volatile organic compounds;

			(b)	Any pollutant for which a national ambient air quality standard
has been promulgated;

(c)	Any pollutant that is subject to any standard promulgated under
Section 111 of the Act;

			(d)	Any Class I or II substance subject to a standard promulgated
under or established by Title VI of the Act; or

			(e)	Any pollutant subject to a standard promulgated under Section 112
or other requirements established under Section 112 of the Act,
including Sections 112(g), (j), and I of the Act, including the
following:

				(1)	Any pollutant subject to requirements under Section 112(j) of
the Act. If the Administrator fails to promulgate a standard by the date
established pursuant to Section 112(e) of the  Act, any pollutant for
which the source would be major shall be considered to be regulated on
the date 18 months after the applicable date established pursuant to
Section 112(e) of the Act; and

				(2)	Any pollutant for which the requirements of Section 112(g)(2) of
the Act have been met, but only with respect I individual source subject
to Section 112(g)(2) requirement.

			(f)	Any substance which is listed in Table I of Air Pollution Control
Regulation No.22.

28.1.13	"	Standard emissions cap" means an emissions cap that is issued
to a stationary source and contains terms and conditions that are
specific to that stationary source.  Each standard emissions cap is made
available for public comment prior to issuance.

28.1.14 	"Start-up" means the setting in operation of an affected
facility for any purpose.

28.2	Applicability and Exemptions

	28.2.1	This regulation applies to the following stationary sources as
defined below:

		(a)	Any major source;

		(b)	Any affected source under Title IV of the Act; or 

		(c)	Any stationary source in a source category designated by the EPA
pursuant to 40 CFR 70; or

		(d)	Any stationary source, including an area source, subject to a
standard, limitation, or other requirement under Section 111 of the Act;
and

		(e)	Any stationary source, including an area source, subject to a
standard or other requirement under Section 112 of the Act, except that
a source is not required to pay a fee solely because it is subject to
regulations or requirements under Section 112(r) of this Act.

	28.2.2	 The following stationary sources are exempt from this
regulation:

		(a)	All stationary sources listed in Subsection 28.2.1 that are not
major stationary sources, affected sources or solid waste incineration
units required to obtain a permit pursuant to Section 129(e) of the Act.

		(b)	In the case of stationary sources subject to a standard or other
requirement under either Section 111 or Section 112 of the Act after 21
July 1992, that are not major sources, the EPA will determine whether to
exempt any or all such applicable stationary sources from the
requirement to obtain an operating permit at the time that the new
standard is promulgated, and if such sources must get a permit, they are
subject to this regulation.

		(c)	All stationary sources and stationary source categories that would
be subject to this regulation solely because they are subject to 40 CFR
Part 60, Subpart AAA (Standards of Performance for New Residential Wood
Heaters).

		(d)	All stationary sources and stationary source categories that would
be subject to this regulation solely because they are subject to 40 CFR
Part 61, subpart M (National Emission Standard for Hazardous Air
Pollutants for Asbestos, Section 61.145, Standard for Demolition and
Renovation).

		(e)	A stationary source is not required to pay a fixed fee and an
annual emissions fee solely because it is subject to regulations or
requirements under Section 112 (r) of the Act.

	28.2.3	Stationary sources that emitted or had the potential to emit any
air pollutants in excess of the thresholds for a major source as defined
in 28.1.11 at any time since 1 January 1990, shall be presumed to be a
major source.

		The owner or operator of a stationary source can rebut this
presumption by presenting evidence to demonstrate to the satisfaction of
the Division that the potential to emit of the stationary source has
been reduced by means of a physical change or change in the method of
operation of the stationary source.

28.3	Requirement to Pay a Fee

	28.3.1	Any owner or operator of a stationary source subject to the
provisions of this regulation shall pay a fee to the Department of
Environmental Management.

	28.3.2	Stationary sources required to obtain an operating permit
pursuant to Air Pollution Control Regulation No. 29 shall pay a fee in
accordance with Subsection 28.4.1-28.4.4.

	28.3.3	Stationary sources that apply for an emissions cap pursuant to
Air Pollution Control Regulation No. 29 shall pay the applicable fees in
subsection 28.4.1 - 28.4.4 due prior to the date the emissions cap
application is submitted and shall pay an application fee. Those sources
which are granted emissions caps shall pay an annual
compliance/assurance fee.  The annual compliance/assurance fee shall be
paid to the Department of Environmental Management and is in lieu of
that required by subsection 28.4.2-28.4.4.

	28.3.4	 Failure to pay any of the fees required in this regulation
shall be a violation of this regulation.

28.4	Fee Determination

	

	28.4.1	 Fixed fee due 1 February 1995:

		ACTUAL EMISSIONS				  FEE

		

		< 10 tons per year					$ 207

		$ 10 tons per year < 20 tons per year			$ 488

		$ 20 tons per year < 50 tons per year			$ 845

		$ 50 tons per year					$ 1503

	

	28.4.2	 Fixed fee due 1 July 1995:

		ACTUAL EMISSIONS:				  FEE	

	

		< 10 tons per year					$ 372

		$ 10 tons per year < 20 tons per year			$ 880

		$ 20 tons per year < 50 tons per year			$ 1524

		$ 50 tons per year					$ 2709

Fixed fee due 1 January 1996:

ACTUAL EMISSIONS:	FEE



	< 10 tons per year	$ 480

$ 10 tons per year < 20 tons per year	$ 1134

$ 20 tons per year < 50 tons per year	$ 1962

$ 50 tons per year	$ 3488



	28.4.4	Beginning 1 September 1996, stationary sources shall pay an
annual emissions fee.  Sources whose actual emissions are less than 10
tons per year shall pay a fixed fee. Fees for sources with actual
emissions greater than or equal to 10 tons per year shall be assessed on
a per ton basis. All regulated pollutants shall be assessed at the same
rate.  The Division will determine the fixed fee charge and dollar per
ton fee by 31 January 1996 and 31 January of each subsequent 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
Division 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.

	28.4.5	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.

	28.4.6	Stationary sources with approved emissions caps shall pay an
annual compliance/assurance fee of $350.

	28.4.7	All fees shall be calculated and assessed based on the actual
emissions of all regulated pollutants from the stationary source. The
following shall be excluded from the calculation of actual emissions:

		(a)	Carbon monoxide;

		(b)	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 Title VI of the Act;

		(c)	Any pollutant that is a regulated air pollutant solely because it
is subject to a standard or regulation under section 112(r) of the Act;

		(d)	The amount of a stationary source's actual emissions of each
regulated pollutant that the stationary source emits in excess of four
thousand (4000) tons per year.

		(e)	The actual emissions from any emissions unit that has been listed
as an insignificant activity in Appendix A of Air Pollution Control
Regulation No. 29.

	28.4.8	Actual emissions shall be calculated in accordance with
procedures and methods acceptable to the Division.

	28.4.9	Stationary sources may amend their Air Pollution Inventory Forms
provided the source demonstrates to the satisfaction of the Division
that the original submission was incorrect.  Amended forms must then be
submitted on the date specified by the Division.  The Division may
adjust a source's fee due to amended Air Pollution Inventory forms.

28.5	Payment of Fees

	28.5.1	The fixed fee in subsection 28.4.1 shall be paid on or before 1
February 1995.

	28.5.2	The fixed fee in subsection 28.4.2 shall be paid on or before 1
July 1995.

	28.5.3	The fixed fee in subsection 28.4.3 shall be paid on or before 1
January 1996.

	28.5.4	The annual emissions fee in subsection 28.4.4 shall be paid on
or before 1 September of each year beginning in 1996 and shall be based
on emissions for the most recent calendar year inventory for which the
Division has completed emission calculations.  In no event shall the
calendar year inventory be more than four years older than the fiscal
year for which fees are being assessed.  Stationary sources with an
annual emission fee of $5,000 (five thousand dollars) or greater may
elect to make four equal quarterly payments. Quarterly payments shall be
submitted on or before the dates listed in the following schedule:

								Date Payment Due

			1st Quarterly Payment			September 1

			2nd Quarterly Payment		December 1

			3rd Quarterly Payment			March 1

			4th Quarterly Payment			June 1

	28.5.5	The application fee in subsection 28.4.5, for stationary sources
applying emissions caps, shall be paid at the time the application for
an emissions cap is submitted to the Department.

	28.5.6	The compliance/assurance fee in subsection 28.4.6 shall be paid
on or before 1 September of each year beginning in 1996.

	28.5.7	A form supplied by the Department shall be used when submitting
all payments.

	28.5.8	All fees shall be remitted to the Rhode Island Department of
Environmental Management - Office of Business Affairs, 22 Hayes Street,
Providence, Rhode Island in the form of a check or money order and made
payable to General Treasurer, State of Rhode Island.

	28.5.9	The Department will deposit all fees required by this regulation
in the Clean Air Operating Permit Fee Fund.  The Fund shall be
non-lapsing and shall be dedicated solely for use by the Department in
administering the operating permit program required under the Clean Air
Act.  Monies in the fund may be used to hire and fund positions and
procure necessary equipment and services adequate to perform the
functions of the Department in administering the provisions of the
operating permit program.

28.6	Penalties

	28.6.1	 Stationary sources that fail to submit complete Air Pollution
Inventory Forms, in the time frame specified by the Department, will be
required to pay an annual emissions fee based on potential emissions.

	28.6.2	 Notwithstanding any enforcement action, the stationary source
shall be subject to a late payment charge of:

		(a)	Ten percent (10%) of the fee due for payments postmarked more than
seven (7) or less than thirty (30) days late, and

		(b)	Twenty percent (20%) of the fee due for payments postmarked on or
over thirty (30) days late.

	28.6.3	 All fees and late charges paid pursuant to the requirements of
this regulation shall be non-refundable.

General Provisions

Purpose

The purpose of this regulation is to establish a fee system for the
operating permits program.

Authority

These regulations are authorized pursuant to R.I. Gen. Laws §
42-17.1-2(s) and 23-23, as amended, and have been promulgated pursuant
to the procedures set forth in the R.I. Administrative Procedures Act,
R.I. Gen. Laws Chapter 42-35

Application

The terms and provisions of this regulation shall be liberally construed
to permit the Department to effectuate the purposes of state law, goals
and policies.

Severability

If any provision of this regulation or the application thereof to any
person or circumstance, is held invalid by a court of competent
jurisdiction, the validity of the remainder of the regulation shall not
be affected thereby.

Effective Date

The foregoing regulation, "Operating Permit Fees”, as amended, after
due notice, is hereby adopted and filed with the Secretary of State this
_29th_ day of __June______, 2007_ to become effective twenty (20) days
thereafter, in accordance with the provisions of Chapters 23-23, 42-35,
42-17.1, 42-17.6, of the General Laws of Rhode Island of 1956, as
amended.

W. Michael Sullivan, PhD., Director

Department of Environmental Management

Notice Given on:	February 21, 2007

Public Hearing held:	  March 23, 2007

Filing Date:	June 29, 2007

Effective Date:  July 19, 2007

 

 

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