Current through March 14, 2024
(a)
Definitions. For the
purposes of this section:
(1) " Annual fee"
means the fee required by section 22a-174a of the Connecticut General
Statutes.
(2) " Applicant" means
the person filing an application.
(3) " Application" means an application for a
permit, or for renewal or modification thereof, under section 22a-174 of the
Connecticut General Statutes.
(4) "
Application fee" means the fee required by subsection (b) of this
section.
(5) " Modification" means
a modification as defined in section 22a-174-1 of the Regulations of
Connecticut State Agencies.
(6) "
Permit fee" means the fee required by subsection (c)(1) of this
section.
(7) "PTE" means "potential
to emit" as defined in section 22a-174-1 of the Regulations of Connecticut
State Agencies.
(8) " Tentative
determination" means a tentative determination issued by the commissioner under
section 22a-6h of the Connecticut General Statutes.
(9) "TPY" means tons per year.
(10) The date of issuance of any notice or
other document by the commissioner is the date of mailing or hand delivery,
whichever is earlier.
(b)
Application fees.
(1) Any person who is required to file an
application under section 22a-174-3 a or section 22a-174-19 of the Regulations
of Connecticut State Agencies shall submit with such application an application
fee of seven hundred and fifty dollars ($750.00).
(2) In addition to the application fee
submitted under subdivision (1) of this subsection, each person for whom the
commissioner reviews an application for a permit pursuant to section 22a-174-3
a of the Regulations of Connecticut State Agencies, shall pay an additional
application fee of one thousand five hundred dollars ($1,500.00) for:
(A) Each best available control technology
(BACT) review required under section 22a-174-3 a of the Regulations of
Connecticut State Agencies for a stationary source or modification thereof,
unless the stationary source or modification will have potential emissions of
less than fifty (50) tons per year of each pollutant for which the permit is
required or the impact on ambient air quality of each of these pollutant
emissions is not significant as listed in Table 3a(i)-1 set forth in section
22a-174-3 a(i)(1) of the Regulations of Connecticut State Agencies;
and
(B) Each lowest achievable
emission rate (LAER) review required under section 22a-174-3 a of the
Regulations of Connecticut State Agencies.
(3) Notwithstanding subdivision (1) of this
subsection, the fees for an application to change the fuel used to natural gas
or liquefied propane gas, or to implement a process that will allow the use of
A cleaner fuel shall be three hundred and seventy-five dollars
($375.00).
(4) There is no fee to
correct a clerical error in a permit made by the commissioner.
(5) The commissioner shall apply the
application fee under subdivision (1) or (3) of this subsection to any permit
fee required by subsection (c) of this section.
(6) Notwithstanding the prior payment of an
application fee, an applicant shall pay another application fee in accordance
with subdivisions (1), (2) and (3) of this subsection under either of the
following circumstances:
(A) After the
commissioner has issued his tentative determination on the subject application
but before he has taken final action thereon, the applicant revises the
application so as to reflect an anticipated increase in emissions; or
(B) After the commissioner has issued his
tentative determination on the subject application but before he has taken
final action thereon, the applicant revises the application so as to reflect a
change in process.
(c)
Permit fees.
(1) Each person to whom the commissioner
issues a permit, or a modification or renewal thereto, under section 22a-174-3
a, section 22a-174-2 a and section 22a-174-19 of the Regulations of Connecticut
State Agencies shall pay a permit fee as prescribed in the fee schedule in
subdivision (2) of this subsection.
(2) The fee schedule is set forth in Table
26-1.
|
TABLE 26-1 PERMIT FEE SCHEDULE |
|
REGULATION UNDER WHICH PERMIT IS
ISSUED |
MAJOR SOURCE (PTE) |
LESS THAN MAJOR SOURCE (PTE) |
|
New major stationary source |
22a-174-3a(a)(1)(A) |
$6,000 |
NA |
|
Major modification |
22a-174-3a(a)(1)(B) |
$6,000 |
NA |
|
New or reconstructed major source of hazardous air
pollutants |
22a-174-3a(a)(1)(C) and (m) |
$6,000 |
NA |
|
New emission unit with potential emissions of fifteen
(15) tons or more per year of any individual air pollutant |
22a-174-3a(a)(1)(D) |
NA |
$3,000 |
|
Modification to an existing emission unit which
increases potential emissions of any individual air pollutant from such unit by
fifteen (15) tons or more per year |
22a-174-3a(a)(1)(E) |
NA |
$3,000 |
|
Stationary source modification that becomes a major
stationary source or major modification solely by virtue of a relaxation in any
enforceable |
22a-174-3a(a)(1)(F) |
$6,000 |
NA |
|
Limitation which was established after August 7, 1980
on the capacity of the source or modification otherwise to emit a pollutant
|
|
New source review non-minor permit
modification |
22a-174-2a(d) |
$3,000 |
$1,500 |
|
New source review minor permit
modification |
22a-174-2a(e) |
$3,000 |
$1,500 |
|
Permit revision |
22a-174-2a(f) (2)(B) to (G), inclusive |
$1,500 |
$1,500 |
|
Permit renewal |
22a-174-2a (i) |
$3,000 |
$3,000 |
|
Permit for use of solid fuel |
22a-174-(19)(a)(2) (i) |
$6,000 |
$3,000 |
|
Permit for air pollution control energy
trade |
22a-174-(19)(a)(3) |
$15,000 |
$7,500 |
(3)
Reserved.
(4) Reserved.
(5) There is no fee, other than the fees
under subsections (d) and (e) of this section, payable to the commissioner by
the owner or operator of a Title V source to apply for, revise, modify or renew
a Title V permit issued under section 22a-174-33 of the Regulations of
Connecticut State Agencies.
(6)
Each person who pays to the commissioner a license transfer fee pursuant to
subsection (e) of this section shall not be subject to a permit revision fee
pursuant to this subsection provided that the transfer of ownership and related
administrative information are the only changes being proposed to the subject
permit.
(d)
Emission fees.
(1) For the
purposes of this subsection, the following definitions shall apply: "Title V
source" means:
(A) Any stationary source, or
any group of stationary sources, where such source is located on one or more
contiguous or adjacent properties, that is under common control of the same
person, or persons under common control, and such source or sources have
potential emissions, including fugitive emissions to the extent quantifiable,
of, In the aggregate, ten (10) tons or more per year of any hazardous air
pollutant which has been listed pursuant to section 112 (b) of the Clean Air
Act, or twenty-five (25) tons or more per year of any combination of such
hazardous air pollutants; or
(B)
Any stationary source, or any group of stationary sources, where such source is
located on one or more contiguous or adjacent properties, that is under common
control of the same person, or persons under common control, and such source or
sources belong to the same two digit Standard Industrial Classification code,
as published by the United States Office of Management and Budget (OMB) in the
Standard Industrial Classification Manual of 1987, and such source or sources
have potential emissions, including fugitive emissions to the extent
quantifiable, of:
(i) One hundred (100) tons
or more per year of any air pollutant;
(ii) Fifty (50) tons or more per year of any
volatile organic compounds or nitrogen oxides in a serious ozone nonattainment
area; or
(iii) Twenty-five (25)
tons or more per year of volatile organic compounds or nitrogen oxides in a
severe ozone nonattainment area.
"1990 inventory" means the inventory submitted by the
Department to the U.S. Environmental Protection Agency on January 13, 1994
which for stationary source is emissions of 133,665 tons per year for
1990.
(2) The owner or operator of a Title V source
shall pay an emission fee each year to the Department. The emission fee paid
shall be the amount calculated under subdivision (4) of this subsection, unless
the provisions of subdivision (6) of this subsection apply, in which case the
emission fee paid shall be the amount specified in subdivision (6) of this
subsection. Commencing July 1, 1995, payment to the Department shall be due by
July 1 each year, based on the emissions during the previous calendar
year.
(3) The emission fee shall be
based on emissions of the following:
(A)
Nitrogen oxides;
(B) Any volatile
organic compound;
(C) Any pollutant
for which an ambient air quality standard has been listed in subsections (d) to
(l), inclusive, of section 22a-174-24 of the Regulations of
Connecticut State Agencies;
(D) Any
pollutant that is subject to any standard promulgated under section 111 of the
Clean Air Act;
(E) Any Class I or
II substance, listed in
42 U.S.C.
7671a, subject to a standard promulgated
under or established by Title VI of the Clean Air Act; and
(F) Any hazardous air pollutant subject to a
standard promulgated or other requirement established under section 112 of the
Clean Air Act (
42 U.S.C.
7412 ).
(4) Emission fee determination. The emission
fee shall be based upon the actual emissions of all regulated air pollutants as
identified in subdivision (3) of this subsection, from any emission units at
the source according to the following equation:
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Where:
(A) Is the
Total Actual Premise Emissions, which is the premise's actual emissions of the
pollutants specified in subdivision (3) of this subsection from all emitting
units located at the premise as reported in the emissions inventory for the
previous calendar year which is on file with the Department. The sum of the
Total Actual Premise Emissions shall be raised to the next whole ton;
(B) Is the per ton fee, which is equal to
twenty-five dollars ($25.00) per ton in 1989 dollars multiplied by the ratio of
the Consumer Price Index for all-urban consumers published by the United States
Department of Labor, as of August 31 of the previous calendar year, to the
Consumer Price Index for August 1989; and
(C) Is the Inventory Stabilization Factor,
which is a value equal to the total actual emissions of 133,665 tons per year
from stationary sources in the 1990 Inventory divided by the total statewide
stationary source actual emissions from the previous calendar year. The
quotient shall be rounded to the second decimal place. If the Inventory
Stabilization Factor is less than one (1.00), one (1.00) shall be used as the
Inventory Stabilization Factor. The commissioner shall, thirty days prior to
application of the Inventory Stabilization Factor, file with the Secretary of
the Office of Policy and Management a report describing the calculation of the
Inventory Stabilization Factor with relevant supporting documentation. Such
report shall also describe expenditures of the previous year's emission based
fees collected pursuant to this subsection.
(5) The commissioner may reduce the Inventory
Stabilization Factor set forth in subdivision (4)(C) of this subsection
applicable to the prior calendar year emissions, if the commissioner finds that
the Air Emissions Permit Operating Fee account balance, by itself, will be
sufficient on or about July 1st to cover two years
of Title V program expenses. The Inventory Stabilization Factor shall not be
reduced to less than one (1.00). The commissioner shall not adjust the
Inventory Stabilization Factor in such a manner as to collect fees that will
result in the balance in the Air Emissions Permit Operating Fee account being
insufficient to cover two years of Title V program expenses. The determination
of what constitutes a Title V program expense under this subdivision shall be
in the sole discretion of the commissioner and in accordance with section
502(b)(3) of the Clean Air Act.
(6)
Notwithstanding subdivision (4) of this subsection, the emission fee shall be:
(A) Effective July 1, 2004, one thousand
dollars ($1,000.00) for each Title V source for which the emission fee
calculated under subdivision (4) of this subsection was less than one thousand
dollars ($1,000.00). Effective July 1, 2005, two thousand five hundred dollars
($2,500.00) for each Title V source for which the emission fee calculated under
subdivision (4) of this subsection was less than two thousand five hundred
dollars ($2,500.00). Effective July 1, 2006, five thousand dollars ($5,000.00)
for each Title V source for which the emission fee calculated under subdivision
(4) of this subsection was less than five thousand dollars ($5,000.00);
and
(B) Five hundred thousand
dollars ($500,000.00), adjusted for inflation from August 31, 1989, for each
Title V source for which the emission fee calculated under subdivision (4) of
this subsection was more than five hundred thousand dollars ($500,000.00),
adjusted for inflation from August 31, 1989. "Adjusted for inflation" for the
purposes of this subparagraph means, an increase to the emission fee by
multiplying such fee by the ratio of the Consumer Price Index for all urban
consumers published by the United States Department of Labor as of August 31 of
the previous calendar year, to the Consumer Price Index for August
1989.
(7) Late fee. A
late fee of ten percent (10%) of the emission fee or fifty dollars ($50),
whichever is greater, shall be charged, in addition to any other fee required
by this subsection, if an owner or operator of a Title V source fails to submit
the required emission fee when due. The owner or operator of such Title V
source shall pay an additional one and one quarter percent (1.25%) per month of
the amount of all emission fees required by this subsection which remain unpaid
after the first day of each month. This subdivision shall not prevent the
commissioner from pursuing other remedies available by statute or
regulation.
(8) Municipal emission
fees. Any emission fee charged to a municipality pursuant to this subsection
shall be fifty percent (50%) of the emission fee owed pursuant to subdivisions
(4) or (6) of this subsection, whichever subdivision is applicable.
(9) An emission fee required under this
subsection shall be paid in an amount rounded to the nearet whole
dollar.
(e)
Transfer fee. Each person registering a proposed transfer of a
license with the commissioner under section 22a-6o of the Connecticut General
Statutes shall submit with such registration a transfer fee of seven hundred
and fifty dollars ($750.00).
(f)
General permit fee. Each person filing a registration for approval
to operate under a general permit issued under subsection (l) of section
22a-174 of the Connecticut General Statutes shall submit with such registration
the fee required by section 22a-6f(b) of the Connecticut General
Statutes.
(g)
Annual
inspection fees.
There is no fee for any annual inspection conducted under
section 22a-174a of the Connecticut General Statutes.
(h)
Emission test fees. In
addition to any other fee required by this section, the owner or operator of a
stationary source who is required by any statute, regulation, permit or order
administered or issued by the commissioner to conduct an emission test or to
install or operate a continuous emission monitor shall pay three-hundred and
seventy-five dollars ($375.00) to the commissioner per day or part thereof for
each Department employee who conducts or observes such test or the installation
of such continuous emission monitor; provided that if such owner or operator is
subject to section 22a-232 of the Connecticut General Statutes, he shall not be
required to pay the fee established by this subsection.
(i)
Payment of fees.
(1) Any fee required under this section shall
be paid by check or money order payable to the Department of Environmental
Protection, which shall state on its face, for an application fee, "Air
Management Application Fee", for an emission fee, "Air Management Emission
Fee", and for any other fee, "Air Management Fee."
(2) Except as otherwise provided by this
section, any fee required by this section shall be submitted within the time
specified by the commissioner. If neither this section nor the commissioner
specifies a time for submitting payment, payment shall be due within 30 days of
written notice by the commissioner that such fee is required.
(j)
Failure to pay
fee. The commissioner shall not process an application for a permit or
other authorization under section 22a-174 of the Connecticut General Statutes
unless all fees required by this section have been paid in full.
(k)
Late fee. Except as
otherwise provided in this section, an applicant or permittee who fails to pay
when due any fee required by this section shall pay an additional five percent
(5%) of the amount of such fee for each month or part thereof that such fee is
overdue.
(l)
Municipal
fees. In accordance with subsection (i) of section 22a-174 of the
Connecticut General Statutes, any fee under this section due from a
municipality shall be reduced by fifty percent (50%).
(m)
Refunds.
(1) If (A) the commissioner determines that
the permit or other authorization or approval sought by an application is not
required by law, or an applicant revises a pending application so as to
decrease the permit fee that would otherwise be required by this section if the
permit sought by such applicant were granted, and (B) the commissioner has not
yet published his tentative determination on such application, the commissioner
shall retain one half of the application fee or general permit fee paid and
shall refund to the applicant the balance thereof.
(2) If an application fee is submitted with
an application for an individual permit under section 22a-174 of the
Connecticut General Statutes, and the commissioner determines (A) that a
general permit has been issued under subsection (l) of such section with
respect to the activity for which such application seeks a permit, and (B) that
the general permit fee for authorization under such general permit is less than
the application fee paid with the individual permit application, the
commissioner shall deduct the general permit fee from the application fee paid,
retain such deducted amount, and refund the remainder to the
applicant.
(3) If, immediately
prior to permit issuance, all fees paid by an applicant exceed the sum of all
fees required under this section, the commissioner shall refund the excess
payment to the applicant.
(4) If
the owner or operator of a Title V source pays an emission fee under subsection
(d) of this section in excess of the fee actually due, the commissioner shall
refund to such owner or operator the portion of the fee paid which is
excessive.
(5) The owner or
operator of a source subject to the emission fee in subsection (d) of this
section may dispute the amount of such fee only by submitting, in writing, to
the commissioner an explanation of the reason for the dispute. If the
commissioner determines that he erroneously calculated emissions from the
subject source, he shall refund to such owner or operator the excess amount,
provided such owner or operator timely paid the entire fee assessed under
subsection (d) of this section and submitted such written explanation prior to
or simultaneously with such payment.
(6) There shall be no refunds other than as
specified in this subsection.
