CHAPTER 172

FORMERLY

SENATE BILL NO. 113

AN ACT TO AMEND TITLE 7, CHAPTER 60 OF THE DELAWARE CODE RELATING TO THE CLEAN AIR ACT TITLE V OPERATING PERMIT PROGRAM.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :

Section 1: Amend 7 Del. C § 6097 (c) by deleting the first sentence in its entirety and replacing it with the following:

“The Department shall collect annual fees, payable annually or in quarterly installments, during calendar years 2006, 2007 and 2008, from each source that is required to pay the annual fee as set forth in sub section (a) of this section.”

And replacing “1996 Delaware Point Source Emission Inventory” with “2002 Delaware Point Source Emission Inventory”

Section 2: Amend 7 Del. C § 6097 by striking paragraph (d) in its entirety and replacing it with the following:

“The base fee relates to services that are common to all sources subject to the Program. These services include activities such as permit issuance and renewals; stationary source regulation development; ambient monitoring; emission inventory; control strategy development; and development, administration and implementation of 2 additional programs: the Small Business Stationary Source Technical and Environmental Compliance Program and a portion of the accidental release prevention program. The Department will place each subject source into one of the following 6 categories.

Category A Greater than 5000 hours $200,000

Category B from 2500 to 5000 hours $ 60,000

Category C from 1200 to 2499 hours $ 30,000

Category D from 750 to 1199 hours $ 15,000

Category E from 300 to 749 hours $ 6,000

Category F from 0 to 299 hours $ 3,000

Determination shall be based upon the most recent five year’s data of engineering, compliance and enforcement hours expended for each facility. The Department will continue to track the actual hours spent processing Title V permits and performing other related services under the Title V Program. This information may be used in the evaluations of the Title V Program associated with the expiration of this statute on December 31, 2008.”

Section 3: Amend 7 Del. C § 6097(e) by striking the following:

“Such fees shall be based on the emissions of each air contaminant, in whole tons and in the aggregate, excluding carbon monoxide, as listed in the 1999 Delaware Point Source Emission Inventory of Estimated Actual Air Contaminants. The user fees are as follows:

(1) Emissions between 0 -- 25 tons: $1,000;

(2) Emissions between 26 -- 100 tons: $2,000;

(3) Emissions between 101 -- 300 tons: $5,000;

(4) Emissions between 301 -- 1000 tons: $10,000;

(5) Emissions between 1001 -- 2500 tons: $40,000;

(6) Emissions between 2501 -- 10,000 tons: $100,000;

(7) Emissions greater than 10,000 tons: $225,000.”

and replacing it with the following:

“Such fees shall be based on the emissions of each air contaminant, in whole tons and in the aggregate, excluding carbon monoxide, as listed in the 2002 Delaware Point Source Emission Inventory of Estimated Actual Air Contaminants. The emission fees are as follows:

(1) Emission Ban G from 0 to 75 tons $ 2,000

(2) Emission Ban H from 76 to 200 tons $ 5,000

(3) Emission Ban I from 201 to 500 tons $ 12,000

(4) Emission Ban J from 501 to 1000 tons $ 25,000

(5) Emission Ban K from 1001 to 2500 tons $ 50,000

(6) Emission Ban L from 2501 to 6000 tons $ 75,000

(7) Emission Ban M Greater than 6000 tons $125,000”

Section 4: Amend 7 Del. C § 6097(f) by replacing “1999 Delaware Point Source Emission Inventory” with “2002 Delaware Point Source Emission Inventory”

Section 5: Amend 7 Del. C § 6097(g) by replacing “December 31, 2005” with “December 31, 2008”

Section 6: This act shall become effective January 1, 2006.

Approved July 12, 2005