KERAPCD RULE 305-1 EXCESS EMISSIONS FEES
LAST REVISED 06/01/93



RULE 305.1 Excess Emissions Fees - Adopted 6/1/93

I. Applicability

Requirements of this Rule shall apply to any person petitioning the Hearing Board for a variance from any Rule establishing specific emission rate limits, including Rule 401 (Visible Emissions).

II. Fees

A. Excess Emission Fee

Each applicant or petitioner for a variance from these Rules and Regulations shall pay to the Clerk of the Hearing Board, in addition to the filing fees required in Rule 305, an emission fee based on the difference between the emissions allowed by these Rules and Regulations and the maximum emissions, other than those described in Subsection II.B., allowed by the variance. The fee shall be determined in accordance with the schedule set forth in Subsection VII.A.

B. Excess Visible Emission Fee

Each applicant or petitioner for a variance from a Rule or restriction limiting the opacity of emissions shall pay to the Clerk of the Hearing Board, in addition to the filing fees required in Rule 305 and the excess emission fees required in Subsection II.A. (if any), an emissions fee based on the difference between the percent opacity allowed by the Rule and the maximum percent opacity of the emissions allowed from the source or sources operating under the variance, in accordance with the schedule set forth in Subsection VII.B.

C. Multiple Fees

In the event that more than one Rule limiting the discharge of the same contaminant is exceeded, the excess emission fee or excess visible emission fee shall consist of the fee for exceedence resulting in the payment of the greatest sum. For the purposes of this Part, opacity rules and particulate mass emission rules shall not be considered limiting the discharge of the same contaminant.

D. Minimum Fees

When a variance is granted from a rule or rules which limit the discharge of air contaminants such that an excess emission fee or excess visible emission fee is due, a fee of at least $100 shall apply.



III. Applicability

The provisions of Section II. shall apply only to those rules or permit conditions that specify quantitative emission limits.

IV. Fee Determination

A. Excess emission fees shall be calculated by the petitioner based upon the requested number of days of operation under the variance multiplied by the excess emissions per day allowed by the variance, as set forth in Section II. Calculations and proposed fees shall be set forth in the petition.

B. The Hearing Board may adjust the excess emission fee required by Section II. of this Rule based on evidence regarding emissions presented at the time of the Hearing.

V. Emission Fee Refunds

In the event the petition is withdrawn prior to the Hearing or the variance is not granted, the petitioner shall be entitled to a full refund of the excess emission fees. That portion of emission fees paid pursuant to Section II. beyond that required based on actual emissions, may be refunded provided the petitioner requests such a refund in writing within 30 days of the petitioner's final compliance date as granted by the Hearing Board.

VI. Fee Payment

Failure to pay the excess emission fees required by Section II. of this Rule within ten days of the effective date of the variance shall invalidate the variance.

VII. Emission Fee Schedules

A. Schedule of Excess Emission Fees

Air Contaminant Dollars per Ton of

Excess Emissions

Organic Gases, except methane $300

Oxides of Nitrogen (as NOx) $300

Sulfur Compounds (as SO2) $100

Particulate Matter $200



B. Schedule of Excess Visible Emission Fees

For each source with excessive visible emissions the fee is calculated as follows:

Fee ($) = (Opacity* allowed by variance - opacity allowed by rules)

x number of days allowed in variance x 2.5



* Where opacity equals the maximum opacity of emissions in percent (not decimal equivalent) and where emissions are darker than the degree of darkness equivalent to the allowed Ringelmann number, the percentage equivalent of the excess degree of darkness shall be used as "opacity".