West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-30 - Requirements for Operating Permits › Section 45-30-8 - Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. All stationary
				sources subject to this rule shall pay annual fees in accordance with
				subsection 8.1. A source's Title V fee is calculated by adding the Consumer
				Price Index (CPI) adjusted base fee component (BF) under subdivision 8.1.a, the
				Consumer Price Index (CPI) adjusted complexity fee component (CF) under
				subdivision 8.1.a, and the emissions fee component (EF) under subdivision 8.1.b
				as follows:
Title V Fee = BF + CF + EF
8.1.a. Title V base fee (BF) and complexity
				fee (CF) components.
8.1.a.1. Permit Source
				Base Fee (PSBF). All sources required to obtain a Title V operating permit
				shall pay an annual base fee of $5,000.
8.1.a.2. Deferred Source Base Fee (DSBF). All
				sources subject to this rule that are deferred from the obligation to obtain a
				Title V operating permit shall pay an annual base fee of $0.
8.1.a.3. Complexity Fee (CF111). All sources
				subject to an applicable standard promulgated under CAA §111 and 45CSR16,
				45CSR18 and 45CSR23 shall pay an annual complexity fee of $1,000. The CF111 fee
				is independent of the number of standards to which the source is
				subject.
8.1.a.4. Complexity Fee
				(CF112). All sources subject to an applicable standard promulgated under CAA
				§112, except for §112(r) which is exempt, and 45CSR34 shall pay an
				annual complexity fee of $1,000. The CF112 fee is independent of the number of
				standards to which the source is subject.
8.1.a.5. Base and complexity fees required by
				paragraphs 8.1.a.1 through 8.1.a.4 shall be adjusted annually by the consumer
				price index (CPI) specified in paragraph 8.1.a.6.
8.1.a.6. Consumer price index (CPI) riser.
				Effective July 1, 2025, the Title V base and complexity fees shall be increased
				by the percentage, if any, by which the Consumer Price Index for the most
				recent calendar year, as defined in subparagraph 8.1.a.6.A, ending before the
				beginning of such year exceeds the Consumer Price Index for the reference
				calendar year 2023. For this rule:
8.1.a.6.A.
				The Consumer Price Index for any calendar year is the average of the Consumer
				Price Index for all-urban consumers (CPI-U) published by the U.S. Bureau of
				Labor Statistics, as of the close of the twelve (12) month period ending on
				August 31 of each calendar year.
8.1.a.6.B. The CPI-U area coverage is U.S.
				city average, the series title is all items, and the index base period is
				1982-84 equals 100 or the revision of the CPI most consistent with this
				paragraph.
8.1.a.6.C. On or before
				June 1, 2025, and each June 1 thereafter, the Secretary shall determine the CPI
				riser for the coming fiscal year. The fees adjusted pursuant to paragraph
				8.1.a.6 are not cumulative and shall remain adjusted for not more than one
				year.
8.1.a.6.D. The CPI riser
				shall be calculated using the formula specified in paragraph 8.1.a.7.
8.1.a.7. CPI Riser Calculation.
				The formula to determine the annual CPI Riser is:
CPI riser = ((CPI current year - CPI reference year)/(CPI
				  reference year)) + 1