SECTION 252:100-5-2.3. Annual operating fees for area sources of air pollution 1

(a)   Applicability. Area sources as defined in 40 CFR § 63.2 that are not subject to the permitting requirements in OAC 252:100-7 or 252:100-8 but are subject to one or more National Emission Standards for Hazardous Air Pollutants at 40 CFR Part 63, are subject to annual operating fees as provided in this section.

(b)   Fee schedule.

(1)   Gasoline dispensing facilities. Gasoline dispensing facility area sources that are subject to 40 CFR Part 63, Subpart CCCCCC, National Emission Standards for Hazardous Air Pollutants for Source Category: Gasoline Dispensing Facilities, but not subject to the permitting requirements in OAC 252:100-7 or 252:100-8 shall pay an annual operating fee based on average monthly gasoline throughput.

(A)   Gasoline stations with throughput of 10,000 gallons or less shall pay an annual operating fee of $250.

(B)   Gasoline stations with throughput of more than 10,000 gallons but less than 100,000 gallons shall pay an annual operating fee of $500.

(C)   Gasoline stations with throughput of 100,000 gallons or more shall pay an annual operating fee of $750.

(2)   Gasoline distribution bulk terminals, bulk plants, and pipeline facilities. Area source gasoline distribution bulk terminals, bulk plants, and pipeline facilities that are subject to 40 CFR Part 63, Subpart BBBBBB, National Emission Standards for Hazardous Air Pollutants for Source Category: Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities, but not subject to the permitting requirements in OAC 252:100-7 or 252:100-8 shall pay an annual operating fee of $500.

(3)   Other existing area sources. Area sources as defined in 40 CFR § 63.2 that are not subject to the permitting requirements in OAC 252:100-7 or 252:100-8 but are subject to an emission standard, equipment standard, or work practice standard in any federal NESHAP (40 CFR Part 63) shall pay an annual operating fee of $250.

(c)   Payment. Area sources that are assessed annual operating fees are subject to the provisions of OAC 252:100-5-2.2(c)(1).

(d)   Provisions for fee adjustment. The invoiced annual operating fees shall be discounted appropriately in any given year if the Department determines that other revenues, including appropriated state general revenue funds, have increased sufficiently to adequately fund the air program.

[Source: Added at 28 Ok Reg 1202, eff 7-1-11]

Note

AGENCY NOTE: The Department of Environmental Quality (DEQ) will continue delaying the implementation and assessment of the area source operating fees adopted in 2011. The Oklahoma Used Tire Recycling Act 27A O.S. Section 2-11-401 et seq., enacted in 2011 in HB 1939 (effective July 1, 2011) has worked as intended to supplant the fees that would have been derived from the agency’s area source program. DEQ evaluates the income derived from this bill on a yearly basis and will report to the Air Quality Council as appropriate if further action is necessary. DEQ will continue to defer implementation of the area source fee program until such time as the funds provided in HB 1939 are no longer sufficient.