The proposed rule involves amendments to Chapter 62-213, F.A.C., to increase the annual Title V emissions fee factor from $25.00 to $30.00, and to provide that the Title V permit serve as written notice to the Title V source of the annual ...

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO: RULE TITLE
62-213.205: Annual Emissions Fee
PURPOSE AND EFFECT: The proposed rule involves amendments to Chapter 62-213, F.A.C., to increase the annual Title V emissions fee factor from $25.00 to $30.00, and to provide that the Title V permit serve as written notice to the Title V source of the annual requirement for submission of the emissions fee.
SUMMARY: The proposed rule amendment involves the department’s EPA-approved Title V air operation permit program.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 403.0872 FS.
LAW IMPLEMENTED: 403.0872 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: Wednesday, December 12, 2007, 10:00 a.m.
PLACE: Florida Department of Environmental Protection, Division of Air Resource Management, 111 South Magnolia Drive, Suite 23, Directors Conference Room, Tallahassee, Florida
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Ms. Trina Vielhauer at [phone] or [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

       62-213.205 Annual Emissions Fee.

Each Title V source permitted to operate in this state must pay between January 15 and March 1 of each year, upon written notice as provided in the Title V permit from the Department, 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 (except carbon monoxide) allowed to be emitted per hour by specific condition of the source’s most recent certification, construction permit or operation permit, times the annual hours of operation allowed by specific condition; provided, however, that:

       (a) For emissions occurring prior to calendar year 2008, the emissions fee factor is $25. For emissions occurring in calendar year 2008 and thereafter, the emissions fee factor is $30. The emissions fee factor may be increased beyond $25 only if the Secretary of the Department affirmatively finds that a shortage of revenue for support of the Title V source operation permit program will occur in the absence of a fee factor adjustment. The annual emissions fee factor may never exceed $35 without legislative approval.

       (b) through (k) No change.

       (2) through (4) No change.

Specific Authority 403.061, 403.087 FS. Law Implemented 403.087, 403.0872 FS. History–New 12-21-92, Amended 11-25-93, Formerly 17-213.200, Amended 11-23-94, 1-1-96, 3-13-96, 6-25-96, 2-11-99, 1-3-01, 4-16-01, 6-2-02,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Mr. Joseph Kahn, Director, Division of Air Resource Management
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Mr. Michael W. Sole, Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 10, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 17, 2007