Title 18 . Environmental Conservation

Chapter 50 . Administrative Enforcement

Section 400. Permit administration fees

18 AAC 50.400. Permit administration fees

(a) The permittee, owner, or operator of a Title V source described under 18 AAC 50.326 shall pay to the department the annual permit administration fees listed in this subsection. Permittees will be invoiced in July for each period from July 1 through the following June 30. Each annual permit fee is one-fifth of the total original permit cost or total cost of permit renewal. An annual permit fee listed in this subsection for an original permit is applicable for five years following the date of the application for the original permit. An annual permit fee listed in this subsection for renewal of a permit is collected in subsequent years after the fee for an original permit is paid in full. If a Title V source has been issued a Title V permit before January 29, 2005, the permittee, owner, or operator shall pay the applicable annual fee for permit renewal. The following permit administration fees apply to Title V sources:

(1) for renewal of a permit for an oil-and-gas source with the potential to emit more than 250 tons per year of any one pollutant, the

(A) annual permit fee is $1,633; and

(B) annual compliance review fee is $2,915;

(2) for renewal of a permit for a large power plant with the potential to emit more than 250 tons per year of any one pollutant, the

(A) annual permit fee is $1,485; and

(B) annual compliance review fee is $1,700;

(3) for renewal of a permit for a small power plant with the potential to emit more than 250 tons per year of any one pollutant, the

(A) annual permit fee is $1,315; and

(B) annual compliance review fee is $1,460;

(4) for an original permit for a Title V source, with the potential to emit more than 100 and less than 250 tons per year of any one pollutant, and that is an oil-and-gas source or thermal soil remediation unit, the

(A) annual permit fee is $2,020; and

(B) annual compliance review fee is $2,070;

(5) for renewal of a permit for a Title V source, with the potential to emit more than 100 and less than 250 tons per year of any one pollutant, and that is an oil-and-gas source or thermal soil remediation unit, the

(A) annual permit fee is $1,347; and

(B) annual compliance review fee is $2,070;

(6) for an original permit for a small power plant with the potential to emit more than 100 and less than 250 tons per year of any one pollutant, the

(A) annual permit fee is $1,989; and

(B) annual compliance review fee is $1,540;

(7) for renewal of a permit for a small power plant with the potential to emit more than 100 and less than 250 tons per year of any one pollutant, the

(A) annual permit fee is $1,326; and

(B) annual compliance review fee is $1,540;

(8) for a Title V source that is operating under the department's general operating permit for diesel engines, the annual compliance review fee is $160;

(9) for renewal of a permit for a Title V source, other than one described in (1) -(8) of this subsection, and that has the potential to emit less than 250 tons per year of any one pollutant, the

(A) annual permit fee is $1,326; and

(B) annual compliance review fee is $1,540.

(b) if the permittee, owner, or operator of a Title V source is subject to an annual permit fee listed in (a) of this section for renewal of a Title V permit, and does not apply to renew the Title V permit for that source, the department will refund any annual permit fees that had been paid for that renewal. Annual compliance review fees and annual permit fees for original permits are not refundable.

(c) Before the department takes action on any permit application received, and unless the minor permit is to be issued using the fast-track procedures in 18 AAC 50.542(b) - (c), the permittee, owner, or operator of a stationary source described in 18 AAC 50.502(b) who requests a minor permit must pay a nonrefundable one-time permit fee listed in this subsection. The following one-time permit fees apply to stationary sources listed in 18 AAC 50.502(b) :

(1) for an asphalt plant described in 18 AAC 50.502(b) (1), a permit fee of $3,975;

(2) for a thermal soil remediation unit described in 18 AAC 50.502(b) (2), a permit fee of $5,300;

(3) for a rock crusher described in 18 AAC 50.502(b) (3), a permit fee of $2,650;

(4) for an incinerator described in 18 AAC 50.502(b) (4), a permit fee of $7,950;

(5) for a Port of Anchorage stationary source, a permit fee of $7,950;

(6) for a coal preparation plant, a permit fee of $6,360.

(d) Before the department takes action on any permit application received, and if the minor permit is to be issued using the fast-track procedures in 18 AAC 50.542(b) - (c), the permittee, owner, or operator of a stationary source described in 18 AAC 50.326 or 18 AAC 50.502 not subject to (c) of this section who requests a minor permit must pay a nonrefundable one-time permit fee of $3,975. However, if fast-track procedures are not available under 18 AAC 50.542(b) (1), the permittee, owner, or operator must pay, for a stationary source other than one described in 18 AAC 50.502(b) , an additional nonrefundable permit fee of $2,650.

(e) Before the department takes action on an application received for a permit under 18 AAC 50.508(2) - (3), the permittee, owner, or operator of a stationary source must pay a nonrefundable one-time permit fee as follows:

(1) for a minor permit establishing or revising a plantwide applicability limitation (PAL) without an ambient air quality analysis, a permit fee of $3,975;

(2) for a minor permit establishing or revising a plantwide applicability limitation (PAL) with an ambient air quality analysis, a permit fee of $7,950;

(3) for a minor permit approving a pollution control project (PCP) exclusion, a permit fee of $4,770, except as provided in (f) of this section.

(f) With a notice submitted under 18 AAC 50.509 for a pollution control project (PCP) listed in 40 C.F.R. 52.21(b)(32)(i) - (vi), adopted by reference in 18 AAC 50.040, the owner or operator must submit a nonrefundable one-time fee of $795.

(g) If the department prepares a new general operating permit or a new general minor permit, the department will determine the cost of that permit by multiplying the number of hours the department spent to develop the permit by the hourly rate of salary and benefits of the department employees who developed the permit. This cost will be divided by the number of permittees who receive or are expected to receive the permit to determine the permit administration fee.

(h) The permittee, owner, or operator of a stationary source shall pay an annual compliance review fee of $530, to be paid for each period from July 1 through the following June 30, for a stationary source that is not classified as needing a Title V permit and that is

(1) subject to a minor permit under 18 AAC 50.502; the compliance review fee must be paid in addition to the one-time permit fees in (c) - (f) of this section or a general minor permit fee in (g) of this section; or

(2) required to have a minor permit under 18 AAC 50.502(b) , that is operating under an operating or general operating permit issued before October 1, 2004.

(i) Before the department takes action on any request or application received, the permittee, owner, or operator of a stationary source who requests a minor permit, review, action, or activity described in this subsection must pay a nonrefundable one-time permit fee as follows:

(1) to change a Title I permit by administrative amendment under AS 46.14.285 , a permit fee of $110;

(2) to change a Title V permit by administrative amendment under 18 AAC 50.326, or to add a minor permit to a Title V permit by administrative amendment under 18 AAC 50.542(e) , a permit fee of $110, except as provided in (3) of this subsection;

(3) to change a Title V permit by administrative amendment to incorporate, in accordance with 40 C.F.R. 71.7(d)(1)(v), adopted by reference in 18 AAC 50.040, the requirements from a construction permit issued under 18 AAC 50.316, a permit fee of $795;

(4) for department approval of a modeling protocol, a fee of $1,170.

(j) After the department completes a review, action, or activity described in this subsection, and sought by the permittee, owner, or operator of a stationary source described in 18 AAC 50.326 or 18 AAC 50.502, the permittee, owner, or operator will be invoiced for and shall pay a nonrefundable one-time fee as follows:

(1) for department review under 18 AAC 50.345(m) of a source test plan, a fee of $400;

(2) for department review under 18 AAC 50.345(o) of the results of a source test, a fee of $400;

(3) for department review and processing of an excess emission report or permit deviation report submitted in accordance with a stationary source's permit, a fee of $26.50;

(4) for a fee review under 18 AAC 15.190, a fee of $110; the department will waive the fee charged under this paragraph if the outcome of the fee review is a reduction of 50 percent or more in the amount of the disputed fee.

(k) The permittee, owner, or operator of a stationary source who requests an owner requested limit (ORL) under 18 AAC 50.225 or 18 AAC 50.508(5) or a preapproved emission limit under 18 AAC 50.230 must pay the following fees:

(1) for an ORL,

(A) a one-time administrative fee of $1,990, to be paid before the department takes action on any request received; and

(B) an annual compliance review fee of $110, unless the permittee, owner, or operator is required to pay an annual compliance review fee under (a) or (h) of this section;

(2) for a preapproved emission limit for diesel engines under 18 AAC 50.230(c) ,

(A) a one-time administrative fee of $110, to be paid before the limit takes effect; and

(B) an annual compliance review fee of $110;

(3) for a preapproved emission limit for a gasoline distribution facility considered under 18 AAC 50.230(d) to be a bulk gasoline plant,

(A) a one-time administrative fee of $110, to be paid before the limit takes effect; and

(B) an annual compliance review fee of $110.

( l ) Except as provided in (m)(10) of this section, the fee for department approval of open burning under 18 AAC 50.065 is $200.

(m) Unless the designated regulatory service is subject to a fixed fee set out in (a) - ( l ) of this section, or to the terms of a negotiated service agreement under AS 37.10.052 (b) and 18 AAC 50.403, the permittee, owner, or operator shall pay an hourly permit administration fee for a designated regulatory service. The department will calculate the total amount due under this subsection by multiplying the number of hours the department spent to provide the designated regulatory service by the hourly rate of salary and benefits of the department employees who provided the designated regulatory service, and by adding to the resulting amount any other direct costs. Designated regulatory services subject to this subsection include regulatory services for

(1) a minor permit under 18 AAC 50.502(c) (1), if a construction permit is not required under AS 46.14.130 (a) for that stationary source;

(2) a minor permit under 18 AAC 50.502(c) (3);

(3) an adjudicatory hearing under 18 AAC 15.195 - 18 AAC 15.340, if requested under 18 AAC 50.306(e) , 18 AAC 50.326(k) , or 18 AAC 50.542(d) by the permit applicant; at the request of the permittee, and if the permittee is current on all other billings in the department, the department will hold in abeyance a fee charged under this paragraph during the course of the adjudicatory hearing;

(4) a minor modification to a Title V permit under 40 C.F.R. 71.7(e)(1), adopted by reference in 18 AAC 50.040;

(5) a significant modification to a Title V permit under 40 C.F.R. 71.7(e)(3), adopted by reference in 18 AAC 50.040;

(6) a clean unit designation in accordance with 40 C.F.R. 52.21(y), adopted by reference in 18 AAC 50.040;

(7) revision or rescission of terms or conditions of a Title I permit;

(8) observation of a source test;

(9) pre-application assistance;

(10) department approval of open burning under 18 AAC 50.065, if the department determines that smoke incursion into a public place, into an airport, into a Class I area, into a nonattainment area for carbon monoxide or PM-10, or into a maintenance area for carbon monoxide or PM-10 is likely;

(11) compliance and enforcement activities, including preparation of a notice of violation, compliance order by consent, settlement agreement, or consent decree; however, for purposes of this paragraph, compliance and enforcement activities do not include activities after the filing of a complaint in court;

(12) completion of a permitting action that was requested before January 29, 2005, except as provided in 18 AAC 50.403;

(13) the reopening of permit terms or conditions at the request of the permittee, owner, or operator before issuance of a permit.

(n) In this section,

(1) "airport" has the meaning given in AS 02.25.100 ;

(2) "large power plant"

(A) means a Title V source

(i) that contains a coal-fired boiler;

(ii) the purpose of which is to generate electricity, and that contains a combustion turbine electric generator or natural gas-fired steam plant; or

(iii) that has a potential to emit a total greater than or equal to 500 tons per year of regulated air pollutants in the aggregate, and that contains emission units used to provide power to a mine or military base; and

(B) does not include a Title V source that operates under the department's general permit for diesel engines;

(3) "oil-and-gas source" means a Title V source not described in (2)(A) of this subsection, the purpose of which is the exploration for, extraction of, processing of, transportation of, or storage of crude oil, natural gas, or other petroleum products, or related activities; "oil-and-gas source" does not include a petroleum refinery or liquefied natural gas (LNG) plant;

(4) "public place" has the meaning given in AS 46.06.150 ;

(5) "small power plant"

(A) means a Title V source not described in (2)(A) or (3) of this subsection

(i) the purpose of which is to generate electricity, and that contains one or more diesel-fired internal combustion engines to generate power

(ii) the purpose of which is seafood processing; or

(iii) that has a potential to emit a total less than 500 tons per year of regulated air pollutants in the aggregate, and that contains emission units used to provide power to a mine or military base; and

(B) does not include a Title V source that operates under the department's general permit for diesel engines.

History: Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 10/1/2004, Register 171; am 12/1/2004, Register 172; am 1/29/2005, Register 173

Authority: AS 37.10.050

AS 37.10.052

AS 37.10.058

AS 44.46.025

AS 46.03.020

AS 46.14.140

AS 46.14.240