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Description of the Proposed Changes to 18 AAC 50

Fee Study Regulations

May 2015

Section Discussion Reason for Change

18 AAC 50.230(c)(1)(I), 

18 AAC 50.230(d)(1)(E)

Amending 18 AAC 50.230(c)(1)(I) and 18 

AAC 50.230(d)(1)(E) to update crossreferences to the updated fee reference in 

18 AAC 50.400.

ADEC is amending the 

regulation to include an 

updated cross-reference 

to the correct updated fee 

reference.

18 AAC 50.260(p)

Amending 18 AAC 50.260(p) to update 

cross-reference to the updated fee reference

in 18 AAC 50.400.

ADEC is amending the 

regulation to include an 

updated cross-reference 

to the correct updated fee 

reference.

18 AAC 50.400

Adjusting fees throughout 18 AAC 

50.400(a) – (g) based on the FY10 – FY13

Fee Study Report. Additionally, the 

subsections are being re-lettered as 18 AAC 

50.400(c) and 18 AAC 50.400(f) of the 

existing regulations are being repealed.

New fees are being set 

based on the FY10 –

FY13 Fee Report. 

Significant changes are 

being made to this

section. Dept. of Law 

drafting manual 

recommends repeal and 

readoption of the whole 

section. 

18 AAC 50.400(a)(2)

Clarifying that the fees in this subsection do 

not apply to sources described under 18 

AAC 50.400(a)(3).

The FY10 – FY13 Fee 

Report recommend that 

this subsection should not 

include coal-fired plants.

18 AAC 50.400(a)(3)

Establishing a new subsection for fees for 

coal-fired plants.

The FY10 – FY13 Fee 

Report showed that a 

separate category for 

coal-fired plants was 

warranted.

18 AAC 50.400(a)(8)

Establishing a new subsection for 

compliance fees for general operating 

permits for asphalt plants (GP3s).

The FY10 – FY13 Fee 

Report showed that a new 

compliance fee for GP3s 

was necessary, as they 

are Title V permits.

18 AAC 50.400(b)

Amending the language in 18 AAC 

50.400(b) to indicate that a request for a 

refund of annual permit fees in this section 

must be requested in writing.

ADEC is amending the 

section to make it clear 

that refund requests must 

be in writing to reduce 

administrative burden.
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18 AAC 50.400(c)

Repealing this subsection in readopted 

section.

The FY10 – FY13 Fee 

Report showed service

work for permits under 

this subsection is more 

accurately billed on a 

time-and-expense basis. 

18 AAC 50.400(d)

*was 18 AAC 50.400(e)

Amending the language to clarify that the 

compliance review fee in 18 AAC 

50.400(e)(1) is an annual compliance 

review fee.

ADEC is amending the 

language to maintain 

consistency of terms 

throughout the section.

18 AAC 50.400(f)

Repealing this subsection in readopted 

section.

The fees under this 

subsection are more 

accurately billed within 

other fees depending on 

their permit type.

18 AAC 50.400(e)

*was 18 AAC 50.400(g)

Repealing the current 18 AAC 50.400(g)(1) 

– (2) and renumbering the remaining 

paragraphs.

As recommended in the

FY10 – FY13 Fee 

Report, the fees under 18 

AAC 50.400(g)(1) – (2) 

are now included in the 

annual compliance 

review fees found in 18 

AAC 50.400(a).

18 AAC 50.400(f)

*was 18 AAC 50.400(h)

Combining the fees in current 18 AAC 

50.400(h)(2) and (3) into one set of fees in 

new 18 AAC 50.400(f)(2).

The FY10 – FY13 Fee 

Report recommended that 

the administrative and 

compliance fees for the 

two types of permits were 

substantially the same 

and could be combined.

18 AAC 50.400(h)

*was 18 AAC 50.400(j)

Removing “designated regulatory services 

subject to this subsection include regulatory 

services for” list.

The list was originally 

developed to facilitate the 

possible development of 

additional fixed fees. 

The FY10 – FY13 Fee 

Report does not support 

the development of fixed 

fees for these services, so 

the list is being removed 

from the regulations to 

reduce administrative 

costs for tracking fees. 

18 AAC 50.400(i)(2)

*was 18 AAC 

50.400(k)(2)

Amending the definition to repeal language 

including coal-fired boilers in the definition 

of a large power plant.

As a result of the FY10 –

FY13 Fee Report, coalfired plants are being 

categorized separately 

from large power plants.
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18 AAC 50.400(i)(6) –

(9)

*new definitions

Adding new definitions for 18 AAC 50.400 

for “annual permit fee”, “annual 

compliance review fee”, “coal-fired plant”, 

and “routine compliance services”.

ADEC needs to add 

definitions to clarify 

additional terms used in 

this section.

18 AAC 50.403

Amending the language in 18 AAC 50.403 

to remove the retainer and list of permits 

for which a negotiated service agreement 

would be available and to indicate that all 

work done before a negotiated service 

agreement is in effect will be billed on a 

time-and-expense basis.

The FY10 – FY13 Fee 

Report indicated that 

negotiated service 

agreements (NSA) are 

more accurately billed on 

a time-and-expense basis 

for work done to develop 

and implement the NSA 

and reduce the 

administrative tracking 

costs.

18 AAC 50.405

Repealing this section. There are no longer any 

outstanding permit 

applications that would 

qualify under this section, 

so it is not necessary to 

retain it.

18 AAC 50.410(b) and 

(g)

Revising emission fee rates in 18 AAC 

50.410(b) and (g).

The FY10 – FY13 Fee 

Report indicated that 

emission fee rates needed 

to be adjusted.

18 AAC 50.410(f)

Repealing this section. ADEC is repealing this 

section to reduce the 

administrative tracking 

costs. 

18 AAC 50.420(a)

Amending the language in 18 AAC 

50.420(a) to include language on 

supplemental billing procedures for permit 

administration and emission fees to account 

for the difference between billed fees which 

occurs for FY16 based on current 

regulations and the updated fees which will 

be in effect for FY16 after the effective date 

of the new regulations.

ADEC will need to bill or 

credit for the revised fees 

that will come into effect 

when the new regulations 

become effective. This 

language is needed to 

explain how the 

additional billing will 

occur.
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18 AAC 50.420(b)

Amending the language in 18 AAC 

50.420(b) to update cross-reference to the 

updated fee reference in 18 AAC 50.400.

Amending the language in 18 AAC 

50.420(b) to remove the option for 

semiannual billing of excess emission 

reports.

ADEC is amending the 

regulation to include an 

updated cross-reference 

to the correct updated fee 

reference.

ADEC is repealing this 

section to reduce the 

administrative tracking 

costs. 

18 AAC 50.420(f)(2)

Amending the language of 18 AAC 

50.420(f)(2) to indicate that a request for a 

refund or credit due to a decrease in 

emission fees in this section must be done 

in writing.

ADEC is amending the 

section to make it clear 

that refund or credit

requests must be in 

writing and to reduce 

administrative costs.

18 AAC 50.420(g)

Amending the language of 18 AAC 

50.430(g) to indicate that a request for a 

refund in the case of a terminated or lapsed 

permit must be made in writing and that the 

refund will only be for emission fees for the 

current fiscal year.

ADEC is amending the 

language to make the 

language regarding 

requests for refunds 

consistent throughout the 

regulations.

18 AAC 50.420(h)

Amending the language in the lead in 

language to 18 AAC 50.420(h) and in 18 

AAC 50.420(h)(3) to update crossreferences to the updated fee reference

section in 18 AAC 50.400.

ADEC is amending the 

regulation to include an 

updated cross-reference 

to the correct updated fee 

section.

Please see the Report for further explanation of proposed changes.