30 Tex. Admin. Code § 101.27 - Emissions Fees
(a) Applicability.
The owner or operator of an account that is required to obtain a federal
operating permit as described in Chapter 122 of this title (relating to Federal
Operating Permits Program) shall remit to the commission an emissions fee each
fiscal year. A fiscal year is defined as the period from September 1 through
August 31. A fiscal year, having the same number as the next calendar year,
begins on the September 1 prior to that calendar year. Each account will be
assessed a separate emissions fee. An account subject to both an emissions fee
and an inspection fee, under §
101.24 of this title (relating to
Inspection Fees), is required to pay only the greater of the two fees. The
commission will not initiate the combination or separation of accounts solely
for fee assessment purposes. If an account is operated at any time during the
fiscal year that a fee is being assessed, a full emissions fee is due. If the
commission is notified in writing that the account is not and will not be in
operation during that fiscal year, a fee will not be due.
(b) Self reported/billed information.
Emissions/inspection fees information packets will be mailed to each account
owner or operator prior to the fiscal year that a fee is due. The completed
emissions/inspection fees basis form must be returned to the address specified
on the emissions/inspection fees basis form within 60 calendar days of the date
the agency sends the emissions fees information packet. The completed
emissions/inspection fees basis form must include, at least, the company name,
mailing address, site name, all commission identification numbers, applicable
Standard Industrial Classification (SIC) category, the emissions of all
regulated air pollutants at the account for the reporting period, and the name
and telephone number of the person to contact in case questions arise regarding
the fee payment. If more than one SIC category can apply to an account, the
category reported must be the one with the highest associated fee as listed in
§
101.24 of this title. Subsequent
to a review of the information submitted, a billing statement of the fee
assessment will be sent to the account owner or operator.
(c) Requesting fee information packet. If an
account owner or operator has not received the fee information packet described
in subsection (b) of this section by June 1 prior to the fiscal year that a fee
is due, the owner or operator of the account shall notify the commission by
July 1 prior to the fiscal year that a fee is due. For accounts that begin or
resume operation after September 1, the owner or operator of the account shall
request an information packet within 30 calendar days prior to commencing
operation.
(d) Payment. Fees must
be remitted by check, certified check, electronic funds transfer, or money
order and sent to the address printed on the billing statement.
(e) Due date. Payment of the emissions fee is
due within 30 calendar days of the date the agency sends a statement of the
assessment to the account owner or operator.
(f) Basis for fees.
(1) The fee must be based on allowable levels
or actual emissions at the account. For purposes of this section, allowable
levels are those limits as specified in an enforceable document such as a
permit, certified registration of emissions, or Commission Order that are in
effect during the fiscal year that a fee is due and actual emissions are the
emissions of all regulated pollutants emitted from the account during the last
full calendar year preceding the beginning of the fiscal year that a fee is
due. Under no circumstances may the fee basis be less than the actual emissions
at the account. The fee applies to the regulated pollutant emissions at the
account, including those emissions from point and fugitive sources. The fee
basis must include emissions during all operational conditions, including all
emissions from emissions events and maintenance, startup, and shutdown
activities as described in Subchapter F of this chapter (relating to Emissions
Events and Scheduled Maintenance, Startup, and Shutdown Activities). Although
certain fugitive emissions are excluded for applicability determination
purposes under subsection (a) of this section, all fugitive emissions must be
considered for fee calculations after applicability of the fee has been
established. A maximum of 4,000 tons of each regulated pollutant will be used
for fee calculations. The fee for each fiscal year is set at the following
rates.
(2) The
emissions tonnage for the account for fee calculation purposes will be the sum
of those allowable levels or actual emissions for individual emission points or
process units at the account rounded up to the nearest whole number, as
follows.
(A) Where there is an enforceable
document such as a permit, certified registration of emissions, or a Commission
Order establishing allowable levels for individual emission points or process
units, the actual emissions from all individual emission points and process
units at the account may be used to calculate the fee basis only if a complete
and verifiable emissions inventory for the account is submitted as described in
§
101.10 of this title (relating to
Emissions Inventory Requirements). Where a complete and verifiable emissions
inventory is not submitted, the executive director may direct that the fee be
based on all of the allowable levels for the account.
(B) Where there is not an enforceable
document such as a permit, certified registration of emissions, or a Commission
Order establishing allowable levels for individual emissions points or process
units; actual emissions from all individual emission points and process units
must be used to calculate the fee basis. Actual production, throughput, or
measurement records must be submitted along with complete documentation of
calculation methods. Thorough justification is required for all assumptions
made and emission factors used in such calculations.
(3) For purposes of this section, the term
"regulated pollutant" includes any volatile organic compound, any pollutant
subject to Federal Clean Air Act (FCAA), §111, any pollutant listed as a
hazardous air pollutant under FCAA, §112, each pollutant that a national
primary ambient air quality standard has been promulgated (including carbon
monoxide), and any other air pollutant subject to requirements under commission
rules, regulations, permits, orders of the commission, or court orders. For
purposes of this section, the term "regulated pollutant" does not include
individual gases listed in the definition of greenhouse gases.
(g) Nonpayment of fees. Each
emissions fee payment must be paid at the time and in the manner and amount
provided by this subchapter. Failure to remit the full emissions fee by the due
date must result in enforcement action under Texas Water Code, §
7.178. The provisions of
this section, as first adopted and amended thereafter, are and must remain in
effect for purposes of any unpaid fee assessments, and the fees assessed in
accordance with such provisions as adopted or as amended remain a continuing
obligation.
(h) Late payments. The
agency shall impose interest and penalties on owners or operators of accounts
who fail to make payment of emissions fees when due in accordance with Chapter
12 of this title (relating to Payment of Fees).
Notes
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