Rule 7:8 - Annual Fee

a. Payment of Annual Fee [Reference: 40 CFR 70.9(b)]

A responsible official of a source subject to Regulation VII, or his or her delegee, shall pay an annual fee of $25 per ton of fee-based emissions, Consumer Price Index (CPI) adjusted.

1. "Fee-based emissions" means the actual rate of emissions in tons per year of any fee pollutant, including fugitive emissions, emitted from the stationary source over the preceding year or any other period determined by the APCO to be representative of normal operation. Fee-based emissions shall be calculated using each emission unit's actual operating hours, production rates, and in-place control equipment; types of material processed, stored, or combusted during the preceding calendar year, or other time period established by the APCO.

2. "Fee pollutant" means oxides of nitrogen, volatile organic compounds, any pollutant for which a national ambient air quality standard has been promulgated by the U.S. EPA (excluding carbon monoxide), and any other pollutant that is subject to a standard or regulation promulgated by the U.S. EPA under the CAA or adopted by the District pursuant to section 112(g) and (j) of the CAA. Any air pollutant that is regulated solely because of a standard or regulation under section 112(r) of the CAA for accidental release or under Title VI of the CAA for stratospheric ozone protection shall not be included. [Reference: 40 CFR 70.2 Regulated Pollutant (for Presumptive Fee Calculation)]

3. "Consumer Price Index (CPI) adjusted" means adjusted by the percentage, if any, by which the Consumer Price Index of the year exceeds the Consumer Price Index for calendar year 1989. The value for CPI adjusted shall be obtained from the U.S. EPA, the federal Department of Commerce, or the federal Department of Labor. [Reference: 40 CFR 70.9(b)(2)(iv)]

b. Submittal of Information

The responsible official, or his or her delegee, shall provide the APCO sufficient information to determine the annual fee. [Reference: 40 CFR 70.6(a)(7)]