CHAPTER 312

FORMERLY

HOUSE BILL NO. 418

AN ACT TO AMEND TITLE 7 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 § 6097(c), Title 7 of the Delaware Code by striking paragraph “(c)” in its entirety and replacing thereto as follows:

“(c) The Department shall collect annual fees, payable annually or in quarterly installments, during calendar years 2009, 2010 and 2011, from each source that is required to pay the annual fee as set forth in subsection (a) of this Section. The annual fee for each subject source will be determined by the sum of two (2) component fees: a base fee and a user fee. For sources that are identified in the 2005 Delaware Point Source Emission Inventory of Estimated Actual Air Contaminants or sources that have applied for a Title V Operating Permit or synthetic minor facility permit by December 31, 2008, the base fee and the user fee shall be calculated as set forth in subsections (d) and (e) of this Section. For all other sources the base fee and user fee shall be calculated as set forth in subsection (f) of this Section.”.

Section 2: Amend § 6097(d), Title 7 of the Delaware Code by striking paragraph “(d)” in its entirety and replacing it with the following:

“(d) 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 two (2) additional programs: the Small Business Stationary Source Technical and Environmental Compliance Program and a portion of the accidental release prevention program.

In calendar year 2009 the Department will place each subject source into one (1) of the following eleven (11) categories:

Category A Greater than 6,000 hours $207,842

Category B from 5,001 to 6,000 hours $ 81,255

Category C from 4,001 to 5,000 hours $ 70,136

Category D from 3,001 to 4,000 hours $ 60,728

Category E from 2,001 to 3,000 hours $ 42,766

Category F from 1,501 to 2,000 hours $ 31,647

Category G from 1,001 to 1,500 hours $ 21,383

Category H from 667 to 1,000 hours $ 13,685

Category I from 334 to 666 hours $ 6,843

Category J from 0 to 333 hours $4,277

Category K New sources that have applied for a permit by December 31, 2008 $5,132

In calendar years 2010 and 2011 the Department will place each subject source into one (1) of the following eleven (11) categories:

Category A Greater than 6,000 hours $243,000

Category B from 5,001 to 6,000 hours $ 95,000

Category C from 4,001 to 5,000 hours $ 82,000

Category D from 3,001 to 4,000 hours $ 71,000

Category E from 2,001 to 3,000 hours $ 50,000

Category F from 1,501 to 2,000 hours $ 37,000

Category G from 1,001 to 1,500 hours $ 25,000

Category H from 667 to 1,000 hours $ 16,000

Category I from 334 to 666 hours $ 8,000

Category J from 0 to 333 hours $5,000

Category K New sources that have applied for a permit by December 31, 2008 $6,000

Determination shall be based upon the most recent five (5) 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, 2011.”.

Section 3: Amend § 6097(e), Title 7 of the Delaware Code by striking paragraph “(e)” in its entirety and replacing thereto as follows:

“(e) The user fee relates to activities not identified in subsection (d) of this Section for the Program, such as: development, administration and implementation of a compliance and enforcement program; implementation and enforcement of the terms of any Title V Operating Permit or synthetic minor permit; permit revisions or amendments, including the development of an applicable requirement as part of the processing of the permit issuance, revision or amendment; the supporting and tracking of data; modeling; and adequate resources to determine which sources are subject to the Program. Such fees shall be based on the emissions of each air contaminant, in whole tons and in the aggregate, excluding carbon monoxide (CO) and particulate matter less than 2.5 microns (PM2.5), as listed in the 2005 Delaware Point Source Emission Inventory of Estimated Actual Air Contaminants.

In calendar year 2009 the Department will place each subject source into one (1) of the following ten (10) categories:

Category 1 Greater than 6,500 tons $ 149,681

Category 2 from 2,001 to 6,500 tons $ 106,915

Category 3 from 1,001 to 2,000 tons $ 42,766

Category 4 from 501 to 1,000 tons $ 25,660

Category 5 from 201 to 500 tons $ 11,974

Category 6 from 101 to 200 tons $ 5,132

Category 7 from 51 to 100 tons $ 3,849

Category 8 from 26 to 50 tons $ 2,566

Category 9 from 0 to 25 tons $ 1,711

Category 10 New sources that have applied for a permit by December 31, 2008 $2,566

In calendar years 2010 and 2011 the Department will place each subject source into one (1) of the following ten (10) categories:

Category 1 Greater than 6,500 tons $ 175,000

Category 2 from 2,001 to 6,500 tons $ 125,000

Category 3 from 1,001 to 2,000 tons $ 50,000

Category 4 from 501 to 1,000 tons $ 30,000

Category 5 from 201 to 500 tons $ 14,000

Category 6 from 101 to 200 tons $ 6,000

Category 7 from 51 to 100 tons $ 4,500

Category 8 from 26 to 50 tons $ 3,000

Category 9 from 0 to 25 tons $ 2,000

Category 10 New sources that have applied for a permit by December 31, 2008 $3,000.”.

Section 4: Amend § 6097(f), Title 7 of the Delaware Code by striking paragraph “(f)” in its entirety and replacing thereto as follows:

“(f) Sources not included in the 2005 Delaware Point Source Emission Inventory of Estimated Actual Regulated Air Contaminants or sources that have not applied for a Title V Operating Permit or synthetic minor facility permit by December 31, 2008 shall be assessed a base fee that is consistent with the categories and amounts specified in subsection (d) of this Section. The estimated hours on which the base fee assessment is calculated shall include an evaluation of specific regulatory applicability to the source. This shall include, but is not limited to, the following: new source review; new source performance standards; toxic requirements, to include maximum achievable control technology and National Emission Standards for Hazardous Air Pollutants; and continuous emission monitoring requirements. Such sources shall also be assessed a user fee based upon allowable emissions specified in its permit that is consistent with the categories and amounts specified in subsection (e) of this Section.”.

Section 5: Amend § 6097(g), Title 7 of the Delaware Code by replacing “December 31, 2008” with “December 31, 2011”.

Section 6: Amend § 6097(i), Title 7 of the Delaware Code by adding the following sentence:

“The Secretary shall cause an audit of the fiscal affairs to be made annually and shall furnish a copy of such audit report together with such additional information or data with respect to the affairs as he or she may deem desirable to the Title V Operating Permit Program Advisory Committee.”.

Section 7: Amend § 6097(j), Title 7 of the Delaware Code by striking paragraph “(j)” in its entirety and replacing thereto as follows:

“(j) The Department will continue to track for each source the actual hours spent processing Title V permits and performing other related services under the Title V program and shall, as part of the annual fee assessment, provide each source with the number of said hours expended during the preceding year. The Air Quality Management Section will develop, by May 1 of each year, the overall program costs, the fees collected, current staffing levels, program accomplishments, and each subject source’s total hours for the preceding calendar year in report form and present this report at an annual meeting with the Title V Operating Permit Program Advisory Committee. The Division of Air and Waste Management shall publish a notice announcing the availability of the report in a paper of general circulation throughout the State. Additionally, the Division shall mail a copy of said notice to the personnel on the Air Quality Management Section's mailing lists.”.

Section 8: Amend § 6099, Title 7 of the Delaware Code by replacing “February 1, 2006” with “February 1, 2009”.

Section 9: This Act shall become effective January 1, 2009.

Approved July 3, 2008