Section 18.50.410. Emission fees.

	(a)  For each period from July 1 through the following June 30, the permittee, owner, or operator shall pay to the department an annual emission fee based on the stationary source's assessable emissions for that year for each stationary source that is subject to a permit under this chapter. The emission fee is assessed per ton for each air pollutant for which projected emissions are 10 tons per year or greater.  
	(b)  Except as provided in (c) and (g) of this section, emission fees will be assessed as follows:  
		(1) for stationary sources required to obtain an operating permit under AS 46.14.130(b), an emission fee rate of $42.95 per ton; of that per-ton amount, $33.16 will be allocated to the clean air protection fund under AS 46.14.260, and $9.79 will be allocated to the emission control permit receipts account under AS 46.14.265;  
		(2) for stationary sources not subject to (1) of this subsection but otherwise required to obtain a permit under AS 46.14.130, the emission fee rate of $9.79 per ton; the amount will be allocated to the emission control permit receipts account under AS 46.14.265.  
	(c)  The quantity of emissions for which fees will be assessed is the lesser of the stationary source's  
		(1) potential to emit; or  
		(2) projected annual rate of emissions, as that term is used in AS 46.14.250, when demonstrated by credible evidence of actual emissions based upon the most representative information available from one or more of the following:  
			(A) an enforceable test method described in 18 AAC 50.220;  
			(B) material balance calculations;  
			(C) emission factors from the EPA's Compilation of Air Pollutant Factors, Volume I: Stationary Point and Area Sources, adopted by reference in 18 AAC 50.035;  
			(D) other methods and calculations approved by the department, including appropriate vendor-provided emissions factors when sufficient documentation is provided.  
	(d)  For a stationary source that needs an operating permit only because that source contains an emission unit that is subject to a federal emission standard under 42 U.S.C. 7411 or 7412, only emissions from the emission unit subject to that standard are subject to emission fees under (b)(1) of this section.  
	(e)  In emissions projections prepared under AS 46.14.250(h)(1)(B) and (c)(2) of this section, the permittee, owner, or operator shall account for emissions from equipment classified under 18 AAC 50.100 that temporarily replaces or substitutes for permanently installed equipment at a stationary source.  
	(f)  Repealed 9/26/2015.  
	(g)  Notwithstanding (a) - (d) of this section, for the projected annual rate of emissions for a portable oil and gas operation under a general minor permit under 18 AAC 50.560, the emission fee is allocated to the emission control permit receipts account under AS 46.14.265, and the permittee shall pay the emission fee  
		(1) at the time of application or notification for operation that will occur in the same state fiscal year;  
		(2) for operation that will occur during more than one state fiscal year under a single application or notification, after billing under 18 AAC 50.420 by the department for any subsequent state fiscal year; and  
		(3) at the following rates for a single portable oil and gas operation for which the owner or operator submits a new application or notification for operation under the general minor permit on or after December 3, 2005:  
			(A) for a portable oil and gas operation north of 69 degrees, 30 minutes North latitude,  
				(i) $1,414, for operation at one or more ice pads during a winter drilling season;  
				(ii) $4,241, for operation during a state fiscal year at one or more sites not including a seasonal ice pad;  
			(B) for a portable oil and gas operation outside the area described in (A) of this paragraph,  
				(i) $1,318, for drilling five or fewer wells under the same application or notification during a state fiscal year;  
				(ii) $2,635, for drilling no fewer that six and no more than 10 wells under the same application or notification during a state fiscal year;  
				(iii) $3,953, for drilling 11 or more wells under the same application or notification during a state fiscal year.  
	(h)  Repealed 9/26/2015.  

Authorities

44.46.025;46.03.020;46.14.140;46.14.250

Notes

Reference

18 AAC 50.326
18 AAC 50.420

Authority

AS 44.46.025 AS 46.03.020 AS 46.14.140 AS 46.14.250

History

Eff. 1/18/97, Register 141; am 5/3/2002, Register 162; am 10/16/2003, Register 168; am 10/1/2004, Register 171; am 1/29/2005, Register 173; am 12/3/2005, Register 176; am 12/14/2006, Register 180; am 6/18/2009, Register 190; am 7/1/2010, Register 194; add'l am 7/1/2010, Register 194; am 9/26/2015, Register 215; am 8/20/2016, Register 219