**STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS DEPARTMENT OF ENVIRONMENTAL MANAGEMENT** 

**OFFICE OF AIR RESOURCES** 

### AIR POLLUTION CONTROL REGULATION NO. 28

**OPERATING PERMIT FEES**

Effective 23 January 1995 Last Amended 19 July 2007

AUTHORI TY: These regulations are authorized pursuant to R.I. Gen. Laws § 42

- 17.1
- 2(s) and 23

- 23 , as amended, and have been promulgated pursuant to the procedures set forth in the R.I. Administrative Procedures Act, R.I. Gen. Law s Chapter 42

- 35.RHODE I S LAND DEPARTMENT OF ENVI RONMENTAL MANAGEMENT OFFICE OF AIR RESOURCES AI R POL LUTION CONTROL REGULATION NO. 28

OPERATI

NG PERMI T FEES **TABLE OF CONTENTS**
28.1 Definitions
................................ ................................ ................................ ................................ .................... 1
28.2 Applicability and Exemptions
................................ ................................ ................................ ....................... 4
28.3 Requirement to Pay a Fee
................................ ................................ ................................ ............................. 5
28.4 Fee Determination
................................ ................................ ................................ ................................ ........ 5
28.5 Payment of Fees
................................ ................................ ................................ ................................ ............ 7
28.6 Penalties
................................ ................................ ................................ ................................ ....................... 8
28.7 General Provisions
................................ ................................ ................................ ................................ ........ 8Page 1 of 9

**RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT**

**OFFICE OF AIR RESOURCES AIR POLLUTION CONTROL REGULATION NO. 28** 

**OPERATING PERMIT FEES 28.1**  **Definitions** Unless otherwise expressly defined in this section, the terms used in this regulation shall be defined by

reference to the Rhode I sland Air Pollution Control General Definitions Regulation. As used in this regulation, the following terms shall, where the context permits, be construed as follows : 28.1. 1 **"Actual E missions"**  means the actual rate of emissions in tons per y ear of any regulated pollutant emitted by a stationary

source. Actual emissions shall be calculated using the stationary source's actual operating hours, production rates, and in

- place control equip ment, ty pes of materials processed, stored, or combusted during the calendar y ear. 28.1. 2 **"Affected Source"** shall have the meaning given to it in the regulations

promulgated under Title I V of the Act. 28.1. 3 **"Air Pollution Inventory Forms"** means the forms the Division sends to

stationary sources for emissions information. 28.1. 4 **"Application Fee"** means the fee stationary sources apply

ing for an emissions cap shall pay
. 28.1. 5 **"Area Source"** means any stationary

source of hazardous air pollutants that is not a major source. 28.1. 6 **"Calendar Year"** means the period beginning 1 January and ending the following 31 December. 28.1. 7 **"Compliance/assurance fee"** means the annual fee which stationary

source's with emissions caps shall pay
.Page 2 of 9

28.1. 8 **“ E**  **missions Cap"** means any emission limitation or phy sical or operational limitations, imposed in a federally enforceable document, that establishes the maximum quantity

of emissions which may

be released from a stationary source. 28.1.9 **"Emissions Fee"** mea ns the fee assessed on an air pollution source based on the stationary

source's actual emissions calculated in accordance with Section 28.4. 28.1. 10 **“ General emissions cap"**  means an emissions cap that is issued to similar

stationary sources and contains the same terms and conditions. A general emissions cap is initially

made available for public comment. No opportunity

for public comment is provided when individual sources apply to be covered by

the general emissions cap. 28.1.11 **Major source ”**  means a ny of the following: (a) For pollutants other than radionuclides, all of the pollutant

- emitting activities located within a contiguous area and under common control that emits or has the potential to emit, in the aggregate, 10 tons per year (tpy

) or mo re of any

hazardous air pollutant which has been listed pursuant to Section 112(b) of the Act, 25 tpy or more of any combination of such hazardous air pollutants, or such lesser quantity as the Administrator may establish by

rule. Notwithstanding the prece ding sentence, emissions from any oil or gas exploration or production well (with its associated equipment) and emissions from any pipeline compressor or pump station shall not be aggregated with emissions from other similar units, whether or not such unit s are in a contiguous area or under common control, to determine whether such units or stations are major sources; or (b) For radionuclides, “ major source ” shall have the meaning specified by the Administrator by

rule. (c) All the pollutant

- emittin g activities, which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties and are under control of the same person or persons under common control, that emits or has the potential to emit, 100 tpy

or more of a

ny air pollutant including any fugitive emissions, to the extent they are quantifiable; or Pollutant

- emitting activities shall be considered as part of the same industrial grouping if they belong to the same two

- digit code as described in the Standard In dustrial Classification Manual, 1987. (d) All the pollutant

- emitting activities, which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties and are under control of the same person orPage 3 of 9 persons under common control, that emits or has the potential to emit 50 tpy

or more of volatile organic compounds or oxides of nitrogen including any

fugitive emission, to the extent they are quantifiable. Pollutant

- emitting activities shall be considered as part of the same industrial grouping if they belong to the same two

- digit code as described in the Standard I ndustrial Classification Manual, 1987. 28. 1
. 12 **“ Regulated pollutant**  **”** means the following:

(a) Nitrogen oxides or any volatile organic compounds; (b) Any

pollutant for which a national ambient air quality standard has been promulgated; (c) Any

pollutant that is subject to any standard promulgated under Section 111 of the Act; (d) Any

Class I or I I substance subject to a standard promulgated und er or established by

Title VI of the Act; or (e) Any

pollutant subject to a standard promulgated under Section 112 or other requirements established under Section 112 of the Act, including Sections 112(g), (j), and I of the Act, including the following : (1) Any

pollutant subject to requirements under Section 112(j) of the Act. I f the Administrator fails to promulgate a standard by the date established pursuant to Section 112(e) of the Act, any pollutant for which the source would be major shall be considered to be regulated on the date 18 months after the applicable date established pursuant to Section 112(e) of the Act; and (2) Any

pollutant for which the requirements of Section 112(g)(2) of the Act have been met, but only with respect I indi vidual source subject to Section 112(g)(2) requirement. (f) Any

substance which is listed in Table I of Air Pollution Control Regulation No.22. 28.1 .13 " Standard emissions cap" means an emissions cap that is issued to a

stationary source and contains terms and conditions that are specific to that stationary source. Each standard emissions cap is made available for public comment prior to issuance. 28.1.14 **"Start -**  **up"** means the setting in operation of an affected facility for anyPage 4 of 9 purpose.
**28.2 Appl**  **icability and Exemptions** 28.2.1 This regulation applies to the following stationary sources as defined below: (a) Any

major source; (b) Any

affected source under Title I V of the Act; or (c) Any

stationary

source in a source category designated by

the EPA pursuant to 40 CFR 70; or (d) Any

stationary

source, including an area source, subject to a standard, limitation, or other requirement under Section 111 of the Act; and (e) Any

stationary

source, including an area source, subject to a stan dard or other requirement under Section 112 of the Act, except that a source is not required to pay

a fee solely

because it is subject to regulations or requirements under Section 112(r) of this Act. 28.2.2 The following stationary sources are exempt fr om this regulation: (a) All stationary

sources listed in Subsection 28.2.1 that are not major stationary sources, affected sources or solid waste incineration units required to obtain a permit pursuant to Section 129(e) of the Act. (b) In the case of stationary

sources subject to a standard or other requirement under either Section 111 or Section 112 of the Act after 21 July 1992, that are not major sources, the EPA will determine whether to exempt any or all such applicable stationary sources from th e requirement to obtain an operating permit at the time that the new standard is promulgated, and if such sources must get a permit, they are subject to this regulation. (c) All stationary

sources and stationary

source categories that would be subject t o this regulation solely

because they

are subject to 40 CFR Part 60, Subpart AAA (Standards of Performance for New Residential Wood Heaters). (d) All stationary

sources and stationary

source categories that would be subject to this regulation solely

bec ause they

are subject to 40 CFR Part 61, subpart M (National Emission Standard for Hazardous Air Pollutants for Asbestos, Section 61.145, Standard for Demolition and Renovation). (e) A stationary

source is not required to pay a fixed fee and an annual e missions fee solely

because it is subject to regulations or requirements under Section 112 (r) of the Act.Page 5 of 9

28.2.3 Stationary

sources that emitted or had the potential to emit any air pollutants in excess of the thresholds for a major source as defined in 28.1
. 11 at any time since 1 January 1990, shall be presumed to be a major source. The owner or operator of a stationary source can rebut this presumption by presenting evidence to demonstrate to the satisfaction of the Division that the potential to em it of the stationary source has been reduced by means of a phy sical change or change in the method of operation of the stationary source. **28.3 Requirement to Pay a Fee**  28.3.1 Any

owner or operator of a stationary source subject to the provisions of this regulation shall pay

a fee to the Department of Environmental Management. 28.3.2 Stationary

sources required to obtain an operating permit pursuant to Air Pollution Control Regulation No. 29 shall pay a fee in accordance with Subsection 28.4.1

- 28.4.4. 28.3.3 Stationary

sources that apply

for an emissions cap pursuant to Air Pollution Control Regulation No. 29 shall pay the applicable fees in subsection 28.4.1

- 28.4.4 due prior to the date the emissions cap application is submitted and shall pay an app lication fee. Those sources which are granted emissions caps shall pay an annual compliance/assurance fee. The annual compliance/assurance fee shall be paid to the Department of Environmental Management and is in lieu of that required by subsection 28.4.2

- 28.4.4. 28.3.4 Failure to pay

any of the fees required in this regulation shall be a violation of this regulation. **28.4 Fee Determination**  28.4.1 Fixed fee due 1 February 1995: ACTUAL EMI SSI ONS FEE < 10 tons per year $ 207 $ 10 t ons per year < 20 tons per year $ 488 $ 20 tons per year < 50 tons per year $ 845 $ 50 tons per year $ 1503 28.4.2 Fixed fee due 1 July 1995: ACTUAL EMI SSI ONS: FEE < 10 tons per year $ 372 $ 10 tons per year < 20 tons per ye ar $ 880 $ 20 tons per year < 50 tons per year $ 1524 $ 50 tons per year $ 2709Page 6 of 9

28.4.3 Fixed fee due 1 January 1996: ACTUAL EMI SSI ONS: FEE < 10 tons per year $ 480 $ 10 tons per year < 20 tons per year $ 1134 $ 20 tons per year < 50 tons p er year $ 1962 $ 50 tons per year $ 3488 28.4.4 Beginning 1 September 1996, stationary sources shall pay

an annual emissions fee. Sources whose actual emissions are less than 10 tons per year shall pay a fixed fee. Fees for sources with actual emissio ns greater than or equal to 10 tons per year shall be assessed on a per ton basis. All regulated pollutants shall be assessed at the same rate. The Division will determine the fixed fee charge and dollar per ton fee by 31 January 1996 and 31 January

of ea ch subsequent year and provide public notice of this preliminary

fee determination. I

n all cases the fee must generate at least enough revenue to cover the direct and indirect costs of running the Operating Permit Program. The Division will determine the final fees by adjusting the preliminary fee determination to account for any monies that may

be carried over from the previous fiscal year. 28.4.5 Stationary

sources apply

ing for a standard emissions cap shall pay an application fee of $1100. Stationary sources apply ing for a general emissions cap shall pay an application fee of $250. 28.4.6 Stationary

sources with approved emissions caps shall pay an annual compliance/assurance fee of $350. 28.4.7 All fees shall be calculated and assessed based on t he actual emissions of all regulated pollutants from the stationary source. The following shall be excluded from the calculation of actual emissions: (a) Carbon monoxide; (b) Any

pollutant that is a regulated air pollutant solely because it is a Clas s I

or II substance subject to a standard promulgated under or established by Title VI of the Act; (c) Any

pollutant that is a regulated air pollutant solely because it is subject to a standard or regulation under section 112(r) of the Act; (d) The a

mount of a stationary

source's actual emissions of each regulated pollutant that the stationary source emits in excess of four thousand (4000) tons per year. (e) The actual emissions from any emission s unit that has been listed as an insignificant activ ity

in Appendix A of Air Pollution Control Regulation No.Page 7 of 9 29. 28.4.8 Actual emissions shall be calculated in accordance with procedures and methods acceptable to the Division
. 28.4.9 Stationary

sources may

amend their Air Pollution I nventory Forms prov ided the source demonstrates to the satisfaction of the Division that the original submission was incorrect. Amended forms must then be submitted on the date specified by the Division. The Division may adjust a source's fee due to amended Air Pollution I nventory forms. **28.5 Payment of Fees**  28.5.1 The fixed fee in subsection 28.4.1 shall be paid on or before 1 February 1995. 28.5.2 The fixed fee in subsection 28.4.2 shall be paid on or before 1 July 1995. 28.5.3 The fixed fee in subsection 28.4.3 sh all be paid on or before 1 January 1996. 28.5.4 The annual emissions fee in subsection 28.4.4 shall be paid on or before 1 September of each year beginning in 1996 and shall be based on emissions for the most recent calendar year inventory for which the Division has completed emission calculations. I

n no event shall the calendar y ear inventory

be more than four years older than the fiscal year for which fees are being assessed. Stationary sources with an annual emission fee of $5,000 (five thousand doll ars) or greater may elect to make four equal quarterly pay ments. Quarterly

pay ments shall be submitted on or before the dates listed in the following schedule: Date Pay ment Due 1st Quarterly

Pay ment September 1 2nd Quarterly

Pay ment Dece mber 1 3rd Quarterly

Pay ment March 1 4th Quarterly

Pay ment June 1 28.5.5 The application fee in subsection 28.4.5, for stationary sources apply

ing emissions caps, shall be paid at the time the application for an emissions cap is submitted to th e Department. 28.5.6 The compliance/assurance fee in subsection 28.4.6 shall be paid on or before 1 September of each year beginning in 1996. 28.5.7 A form supplied by the Department shall be used when submitting all pay ments. 28.5.8 All fees shall b e remitted to the Rhode I sland Department of Environmental Management
- Office of Business Affairs, 22 Hayes Street, Providence, RhodePage 8 of 9 Is land in the form of a check or money order and made payable to General Treasurer, State of Rhode I sland. 28.5.9 The D epartment will deposit all fees required by this regulation in the Clean Air Operating Permit Fee Fund. The Fund shall be non

- lapsing and shall be dedicated solely for use by

the Department in administering the operating permit program required under the Clean Air Act. Monies in the fund may be used to hire and fund positions and procure necessary equipment and services adequate to perform the functions of the Department in administering the provisions of the operating permit program. **28.6 Penalties**  28 .6.1 Stationary

sources that fail to submit complete Air Pollution I nventory Forms, in the time frame specified by the Department, will be required to pay an annual emissions fee based on potential emissions. 28.6.2 Notwithstanding any enforcement acti on, the stationary source shall be subject to a late pay ment charge of: (a) Ten percent (10%) of the fee due for pay ments postmarked more than seven (7) or less than thirty

(30) day s late, and (b) Twenty

percent (20%) of the fee due for pay ments post

marked on or over thirty (30) day s late. 28.6.3 All fees and late charges paid pursuant to the requirements of this regulation shall be non

- refundable. **28.7 General Provisions**  28.7.1 Purpose

The purpose of this regulation is to establish a fee sy stem for the ope rating permits program. 28.7.2 Authority

These regulations are authorized pursuant to R.I . Gen. Laws § 42
- 17.1
- 2(s) and 23

- 23 , as amended, and have been promulgated pursuant to the procedures set forth in the R.I . Administrative Procedures Act, R.I . Gen. Laws C hapter 42

- 35 28.7.3 Application

The terms and provisions of this regulation shall be liberally construed toPage 9 of 9 permit the Department to effectuate the purposes of state law, goals and policies.
28.7.4 Severability

If any provision of this regulation or the application thereof to any person or circumstance, is held invalid by a court of competent jurisdiction, the validity of the remainder of the regulation shall not be affected thereby
. 28.7.5 Effective Date

The foregoing regulation, "Operating Permit Fees”, as amended, af ter due notice, is hereby

adopted and filed with the Secretary of State this _29th

_ day of __June______, 20 07 _ to become effective twenty (20) day s thereafter, in accordance with the provisions of Chapters 23

- 23, 42
- 35, 42
- 17.1, 42
- 17.6, of the General Law s of Rhode I sland of 1956, as amended. W. Michael Sullivan, PhD., Director Department of Environmental Management

**Notice Given on: February 21, 2007**  **Public Hearing held: March 23, 2007**  **Filing Date: June 29, 2007**  **Effective Date: July 19, 2007**