62-213.205: Annual Emissions Fee
PURPOSE AND EFFECT: The proposed rule development involves amendments to Chapter 62-213, F.A.C., to increase the annual Title V emissions fee factor, and to provide that the Title V permit serve as written notice to the Title V source of the annual requirement for submission of the emissions fee. This notice corrects the Notice of Rule Development that was published on July 13, 2007.
SUBJECT AREA TO BE ADDRESSED: The proposed rule amendment involves the department’s EPA-approved Title V air operation permit program.
SPECIFIC AUTHORITY: 403.061, 403.0872 FS.
LAW IMPLEMENTED: 403.087, 403.0872 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Ms. Trina Vielhauer at (850)921-9503 or trina.vielhauer@dep.state.fl.us
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
62-213.205 Annual Emissions Fee.
Each Title V source permitted to operate in this state must pay between January 15 and March 1 of each year, upon written notice, which is provided by Title V permit condition from the Department, an annual emissions fee in an amount determined as set forth in subsection 62-213.205(1), F.A.C.
(1) Emissions Fee Calculation and Payment. Each Title V source must calculate the annual fee, based upon the source’s previous year’s emissions, by multiplying the applicable annual emissions fee factor times the tons of each regulated air pollutant (except carbon monoxide) allowed to be emitted per hour by specific condition of the source’s most recent certification, construction permit or operation permit, times the annual hours of operation allowed by specific condition; provided, however, that:
(a) For emissions occurring prior to calendar year 2008, tThe emissions fee factor is $25. For emissions occurring in calendar year 2008 and thereafter, the emissions fee factor is $30. The emissions fee factor may be increased beyond $25 only if the Secretary of the Department affirmatively finds that a shortage of revenue for support of the Title V source operation permit program will occur in the absence of a fee factor adjustment. The annual emissions fee factor may never exceed $35 without legislative approval.
(b) through (k) No change.
(2) through (4) No change.
Specific Authority 403.061, 403.087 FS. Law Implemented 403.087, 403.0872 FS. History–New 12-21-92, Amended 11-25-93, Formerly 17-213.200, Amended 11-23-94, 1-1-96, 3-13-96, 6-25-96, 2-11-99, 1-3-01, 4-16-01, 6-2-02,_________.