Current through February 27, 2024
(a) For each period from July 1 through the
following June 30, the permittee, owner, or operator shall pay to the
department an annual emission fee based on the stationary source's assessable
emissions for that year for each stationary source that is subject to a permit
under this chapter. The emission fee is assessed per ton for total tonnage
projected, as reported on a per pollutant basis. All total projected tonnage
will be billed emission fees.
(b)
Except as provided in (c) and (g) of this section, emission fees will be
assessed as follows:
(1) for a stationary
source required to obtain an operating permit under
AS
46.14.130(b), an emission
fee rate of $84.29 per ton, that will be allocated to the clean air protection
fund under
AS
46.14.260;
(2) for a stationary source not subject to
(1) of this subsection but otherwise required to obtain a permit under
AS
46.14.130, the emission fee rate of $17.70
per ton; the amount will be allocated to the emission control permit receipts
account under
AS
46.14.265.
(c) The quantity of emissions for which fees
will be assessed is the lesser of the stationary source's
(1) potential to emit; or
(2) projected annual rate of emissions, as
that term is used in
AS
46.14.250, when demonstrated by credible
evidence of actual emissions based upon the most representative information
available from one or more of the following:
(A) an enforceable test method described in
18 AAC
50.220;
(B) material balance calculations;
(C) emission factors from the EPA's
Compilation of Air Pollutant Emission Factors, Volume I: Stationary
Point and Area Sources, adopted by reference in
18
AAC 50.035;
(D) other methods and calculations approved
by the department, including appropriate vendor-provided emissions factors when
sufficient documentation is provided.
(d) For a stationary source that needs an
operating permit only because that source contains an emissions unit that is
subject to a federal emission standard under
42 U.S.C.
7411 or
7412,
only emissions from the emission unit subject to that standard are subject to
emissions fees under (b)(1) of this section.
(e) In emissions projections prepared under
AS 46.14.250(h)(1)(B) and
(c)(2) of this section, the permittee, owner,
or operator shall account for emissions from equipment classified under
18 AAC
50.100 that temporarily replaces or substitutes for
permanently installed equipment at a stationary source.
(g) Notwithstanding (a) - (d) of this
section, for the projected annual rate of emissions for a portable oil and gas
operation under a general minor permit under
18 AAC
50.560, the emission fee is allocated to the emission
control permit receipts account under
AS
46.14.265, and the permittee shall pay the
emission fee
(1) at the time of application
or notification for operation that will occur in the same state fiscal
year;
(2) for operation that will
occur during more than one state fiscal year under a single application or
notification, after billing under
18 AAC
50.420 by the department for any subsequent state
fiscal year; and
(3) at the
following rates for a single portable oil and gas operation for which the owner
or operator submits a new application or notification for operation under a
general minor permit on or after December 3, 2005:
(A) for a portable oil and gas operation
north of 69 degrees, 30 minutes North latitude,
(i) $2,556, for operation at one or more ice
pads during a winter drilling season;
(ii) $7,668, for operation during a state
fiscal year at one or more sites not including a seasonal ice pad;
(B) for a portable oil and gas
operation outside the area described in (A) of this paragraph,
(i) $2,382, for drilling five or fewer wells
under the same application or notification during a state fiscal
year;
(ii) $4,764, for drilling no
fewer that six and no more than 10 wells under the same application or
notification during a state fiscal year;
(iii) $7,146, for drilling 11 or more wells
under the same application or notification during a state fiscal
year.
Authority:
AS
44.46.025
AS
46.03.020
AS
46.14.140
AS
46.14.250
