Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-213 - OPERATION PERMITS FOR MAJOR SOURCES OF AIR POLLUTION › Section 62-213.205 - Annual Emissions Fee

Current through Reg. 50, No. 138; July 16, 2024
Each Title V source permitted to operate in this state must
				  pay between January 15 and April 1 of each year, upon written notice as
				  provided in the Title V permit, 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 actually
				emitted, as calculated in accordance with the department's emissions
				computation and reporting rules. The annual fee shall only apply to those
				regulated pollutants, except carbon monoxide and greenhouse gases, for which an
				allowable numeric emission-limiting standard is specified in the source's most
				recent construction permit or operation permit. The emissions fee factor is
				$30.00. Provided, however, that:
(a) For
				emissions occurring in calendar year 2013, the emissions fee factor is
				$27.00.
(b) The amount of each
				regulated air pollutant in excess of 4, 000 tons per year allowed to be
				emitted, in total, by any Title V source will not be included in the
				calculation of the fee. Any Title V source which does not emit any regulated
				air pollutant in excess of 4, 000 tons per year may request a one-time credit
				not to exceed 25 percent of its first annual emissions fee for the prorated
				portion of the existing air operation permit application fees remaining upon
				commencement of its annual emissions fees.
(c) If the Department has not received the
				fee by March 1 of the year following the calendar year for which the fee is
				calculated, the Department will send the primary responsible official of the
				Title V source a written warning of the consequences for failing to pay the fee
				by April 1. If the fee is not postmarked or electronically submitted by April 1
				of the year due, the Department shall impose, in addition to the fee, a penalty
				of 50 percent of the amount of the fee unpaid plus interest on such amount
				computed in accordance with Section
				 220.807, F.S. If the Department
				determines that a submitted fee was inaccurately calculated, the Department
				shall either refund to the permittee any amount overpaid or notify the
				permittee of any amount underpaid. The Department shall not impose a penalty or
				interest on any amount underpaid, provided that the permittee has timely
				remitted payment of at least 90 percent of the amount determined to be due and
				remits full payment within 60 days after receipt of notice of the amount
				underpaid. The Department shall waive the collection of underpayment and shall
				not refund overpayment of the fee, if the amount is less than one percent of
				the fee due, up to $50.00. The Department shall make every effort to provide a
				timely assessment of the adequacy of the submitted fee. Failure to pay timely
				any required annual emissions fee, penalty, or interest constitutes grounds for
				permit revocation pursuant to Rule
				 62-4.100, F.A.C.
(d) Notwithstanding any other provisions of
				this rule, the annual emissions fee for any Title V source, other than a Title
				V source authorized to operate under a Title V air general permit, shall not be
				less than $250.00.
(e) Any
				documentation of actual hours of operation, actual material or heat input,
				actual production amount, or actual emissions used to calculate the annual
				emissions fee shall be retained by the owner for a minimum of five years and
				shall be made available to the Department upon request.
(f) For an Acid Rain Part processed
				separately from a Title V permit, the Title V permit together with the Acid
				Rain Part shall be the most recent operation permit for Title V fee purposes.
				An Acid Rain Part processed separately from a Title V permit is not a separate
				permit and shall not be used as the most recent operation permit for Title V
				fee purposes.