(a) The Department shall collect an annual fee from sources that are required to obtain a Title V Operating Permit pursuant to the Title
V Program and from sources who voluntarily limit their potential to emit to below Title V applicability thresholds as set forth in § 6095
of this title (i.e., a synthetic minor facility). The annual fees shall be utilized solely to pay for all direct and indirect costs required to
develop, administer and implement the Program.
(b) The fee schedule must result in the collection and retention of revenues sufficient to cover the permit program costs. These costs
include, but are not limited to, the costs of the following activities, as they relate to the operating permit program for stationary sources:
preparing generally applicable regulations or guidance documents regarding the permit program or its implementation or enforcement;
reviewing and acting on any application for a permit, permit revision or permit renewal, including the development of an applicable
requirement as part of the processing of a permit or permit revision or renewal; general administrative costs of implementing the permit
program, including the supporting and tracking of data; implementing and enforcing the terms of any Title V Operating Permit (not
including any court costs or other costs associated with an enforcement action), including adequate resources to determine which sources
are subject to the program; emissions and ambient monitoring; modeling; preparing inventories and tracking emissions; and supporting the
ombudsman established pursuant to the Small Business Stationary Source Technical and Environmental Compliance Program ("SBTCP")
to assist sources covered by the SBTCP in determining and meeting their obligations under the Title V Operating Permit Program.
(c) The Department shall collect annual fees, payable annually or in 2 installments, as set forth in subsection (i) of this section, during
calendar years 2024, 2025, and 2026, 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 3 component fees: a base fee as set forth in subsection (d) of
this section, a user fee as set forth in subsection (e) of this section, and a program fee as set forth in subsection (g) of this section. For
any source that becomes subject to the Program after December 31, 2023, the base fee, user fee, and program fee shall be calculated as
set forth in subsections (f) and (g) of this section.
(d) (1) 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 administration of the Small Business Stationary Source Technical and Environmental Compliance Program.
(2) In calendar years 2024, 2025, and 2026, the Department will place each subject source into 1 of the following categories:
Category A Greater than 6,000 hours will pay $ 277,020
Category B from 5,001 to 6,000 hours will pay $ 108,300
Category C from 4,001 to 5,000 hours will pay $ 93,480
Category D from 3,001 to 4,000 hours will pay $ 80,940
Category E from 2,001 to 3,000 hours will pay $ 57,000
Category F from 1,501 to 2,000 hours will pay $ 42,180
Category G from 1,001 to 1,500 hours will pay $ 28,500
Category H from 667 to 1,000 hours will pay $ 18,240
Category I from 334 to 666 hours will pay $ 9,120
Category J up to 333 hours will pay $ 5,700.
(3) The Department's category determination pursuant to paragraph (d)(2) of this section shall be based upon 5 years' data of
engineering, compliance, and enforcement hours expended for each facility from 2018 to 2022. 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, 2026.
(e) (1) The user fee relates to activities not identified in subsection (d) of this section for the Program, such as: administration of the
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, nitrogen oxides (NO ); particulate matter less
X
than 10 microns (PM ); sulfur dioxides (SO ); volatile organic compounds (VOC), in whole tons and in the aggregate, excluding carbon
10 2
monoxide (CO) and particulate matter less than 2.5 microns (PM ), as listed in the 2020 Delaware Point Source Emission Inventory
2.5
of Estimated Actual Regulated Air Contaminants.
(2) In calendar years 2024, 2025, and 2026, the Department will place each subject source into 1 of the following categories:
Category 1 Greater than 2,000 tons will pay $ 350,000
Category 2 from 1,001 to 2,000 tons will pay $ 100,000
Category 3 from 501 to 1,000 tons will pay $ 60,000
Category 4 from 201 to 500 tons will pay $ 28,000
Category 5 from 101 to 200 tons will pay $ 12,000
Category 6 from 51 to 100 tons will pay $ 9,000
Category 7 from 26 to 50 tons will pay $ 6,000
Category 8 from 6 to 25 tons will pay $ 4,100
Category 9 up to 5 tons will pay $3,950.
(f) The Department shall assess a base fee that is consistent with the categories and amounts specified in subsection (d) of this section
for any source that becomes subject to the Program after December 31, 2023. 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. The Department shall
assess a user fee based upon allowable emissions specified in the source's permit that is consistent with the categories and amounts
specified in subsection (e) of this section for any source that becomes subject to the Program after December 31, 2023.
(g) The Department shall assess a program fee based on the source's combined base and user fees. In calendar years 2024, 2025, and
2026, the Department will place each subject source into 1 of the following categories:
Category PF1 Total base and user fees greater than $125,000 will pay $38,250
Category PF2 Total base and user fees $100,000 - $124,999 will pay $34,425
Category PF3 Total base and user fees $50,000 - $99,999 will pay $22,950
Category PF4 Total base and user fees $25,000 - $49,999 will pay $11,475
Category PF5 Total base and user fees $15,000 - $24,999 will pay $6,120
Category PF6 Total base and user fees $10,000 - $14,999 will pay $3,825
Category PF7 Total base and user fees < $10,000 will pay $3,060
(h) These fees may be increased on an annual basis by no more than the Federal Consumer Price Index for the previous calendar year.
Any increases in fees are subject to review and approval by the committee established pursuant to § 6099 of this title. After December
31, 2026, no fees shall be collected pursuant to this section unless authorized by a further act of the General Assembly. The Department
shall consult with the Title V Operating Permit Program Advisory Committee prior to any proposed increase to the complement of full-
time equivalent employees funded in whole or in part by the Program.
(i) Annual fees must be paid in full by June 30 of each calendar year 2024, 2025, and 2026. Installment payments, due March 31 and June
30, are allowed upon written request and Department approval. A subject source is considered delinquent if payment is not received by the
aforementioned due dates depending on the elected payment option. Any delinquent subject source shall be subject to a 2% compounding
monthly interest rate for each month overdue. Each source is required to pay its annual fee. The Department has the authority to revoke
a Title V or synthetic minor permit on the sole basis that the annual fee has not been paid. Sources that have not paid their annual fee
may be given notice that their Title V or synthetic minor permit will be revoked for nonpayment of the fee. No permit shall be revoked
without 60 days written notice or prior to 3 months past the due date for the fee. Cancellation of the permit shall not relieve the source
of the obligation to pay the delinquent fees and interest. The Department shall track payment records of overdue and delinquent sources
and shall document actions taken to recover delinquent fees. The Department shall include a detailed summary of delinquent facilities in
the Title V annual status report, including the amount owed and the documented action taken by the Department to collect such fees.
(j) In determining the amount of tons of actual emissions, the Department shall not be required to include any amount of air contaminant
emitted by any source in excess of 4,000 tons per year of that air contaminant. The determination of common control or common ownership
shall be consistent with the requirements of 40 C.F.R. Part 70.
(k) Any funds collected under this section shall be deposited in the account as described in § 6096 of this title, shall be interest earning,
and shall be used solely to administer the Program. The Secretary shall cause an internal audit of the fiscal affairs to be made each calendar
year and shall incorporate the audit report together with such additional information or data with respect to the affairs as the Secretary
may deem desirable to the Title V Operating Permit Program Advisory Committee via the requirements of subsection (l) of this section.
(l) 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 Division of Air Quality will develop an annual report, by May 1 of each year, that includes the
overall program costs, the fees collected, current staffing levels, program accomplishments, and each subject source's total hours for the
preceding calendar year and present this report at an annual meeting with the Title V Operating Permit Program Advisory Committee. The
Division of Air Quality shall publish a notice announcing the availability of the report in a paper of general circulation throughout the State.
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