Regulatory Text: 
Louisiana Administrative Code, Title 33 ENVIRONMENTAL QUALITY, Part III Air (LAC 33:III)

Chapter 65. Rules and Regulations for the Fee System of the Air Quality Control Program
As approved by EPA 
   03/08/89 (54 FR 09795) at 52.970(c)(49) effective 05/08/89;
   03/25/94 (59 FR 14114) at 52.970(c)(61) effective 05/24/94; and
   10/23/95 (60 FR 54308) at 52.970(c)(66) effective 12/22/95 as Chapter 2.
Replaced in Louisiana SIP by LAC 33:III, Chapter 2, Rules and Regulations for the Fee System of the Air Quality Control Programs, Approved by EPA 4/21/2016 (81 FR 23425, SIP effective 6/20/2016 (LAd48), Regulations.gov docket EPA-R06-OAR-2016-0132 [LA051].

Outline: 
§ 6501. Scope and Purpose (LAc49)
§ 6503. Authority (LAc49)
§ 6505. Definitions (LAc49)
§ 6507. Application Fees (LAc49)
§ 6509. Annual Fees (LAc49)
§ 6511. Methodology (LAc49)
§ 6513. Determination of Fee 1989-05-08 (LAc49)
§ 6515. Method of Payment (LAc49)
§ 6517. Late Payment (LAc49)
§ 6519. Failure to Pay (LAc49)
§ 6521. Effective Date (LAc49)
§ 6523. Fee Schedule Listing (LAc49), (LAc61), (LAc66) [§223]

Section 6501. Scope and Purpose
Approved by EPA 03/08/89 (54 FR 09795) at 52.970(c)(49) effective 05/08/89.

     It is the purpose of these regulations to establish a fee system for funding the monitoring, investigation and other activities required to be conducted for the maintenance of a safe and healthful environment by the Department of Environmental Quality in accordance with the Louisiana Environmental Quality Act (La. R.S. 30:1051 et seq.). Fees are required for all permits, licenses, registrations, and variances authorized by the Act.

   AUTHORITY NOTE:  Promulgated in accordance with R.S. 30:1084.
   HISTORICAL NOTE:  Promulgated by the Department of Environmental Quality, Office of Air Quality and Nuclear Energy, Air Quality Division in LR 13:741 (December 1987).

********************** end section 6501 ******************86t**

Section 6503. Authority
Approved by EPA 03/08/89 (54 FR 09795) at 52.970(c)(49) effective 05/08/89.

     These regulations provide fees as required by La. R.S. 30:1065.

   AUTHORITY NOTE:  Promulgated in accordance with R.S. 30:1084.
   HISTORICAL NOTE:  Promulgated by the Department of Environmental Quality, Office of Air Quality and Nuclear Energy, Air Quality Division in LR 13:741 (December 1987).

********************** end section 6503 ******************86t**

Section 6505. Definitions
Approved by EPA 03/08/89 (54 FR 09795) at 52.970(c)(49) effective 05/08/89.

     All terms used in these rules, unless the context otherwise requires or unless specifically defined in the Louisiana Environmental Quality Act, or in other regulations promulgated by the administrative authority of the Department of Environmental Quality or the predecessor, shall have their usual meaning.

   AUTHORITY NOTE:  Promulgated in accordance with R.S. 30:1084.
   HISTORICAL NOTE:  Promulgated by the Department of Environmental Quality, Office of Air Quality and Nuclear Energy, Air Quality Division in LR 13:741 (December 1987).

********************** end section 6505 ******************86t**

Section 6507. Application Fees
Approved by EPA 03/08/89 (54 FR 09795) at 52.970(c)(49) effective 05/08/89.

     Each application or amendments thereto for which a fee is prescribed shall be accompanied by a remittance in the full amount of the fee.  No application or amendments thereto shall be accepted or processed prior to payment of the full amount specified.  No permit, license, registration, or variance, unless otherwise authorized by the administrative authority, shall be issued until such check or draft, has been accepted by the bank or drawee and the department's account has been credited with the amount of the fee.

   AUTHORITY NOTE:  Promulgated in accordance with R.S. 30:1084.
   HISTORICAL NOTE:  Promulgated by the Department of Environmental Quality, Office of Air Quality and Nuclear Energy, Air Quality Division in LR 13:741 (December 1987).

********************** end section 6507 ******************86t**

Section 6509. Annual Fees
Approved by EPA 03/08/89 (54 FR 09795) at 52.970(c)(49) effective 05/08/89.

     Unless otherwise provided herein, all activities for which an annual fee is shall be subject to the payment of such fee within 30 days from receipt of billing.

   AUTHORITY NOTE:  Promulgated in accordance with R.S. 30:1084.
   HISTORICAL NOTE:  Promulgated by the Department of Environmental Quality, Office of Air Quality and Nuclear Energy, Air Quality Division in LR 13:741 (December 1987).

********************** end section 6509 ******************86t**

Section 6511. Methodology
Approved by EPA 03/08/89 (54 FR 09795) at 52.970(c)(49) effective 05/08/89.

A.  Formula to Apportion Fees:

B.  Fee Methodology

     1.  All persons required to obtain a new or modified permit shall be subject to a permit fee (See Fee Schedule).  This fee shall be submitted with any application for a new or modified permit.  The annual maintenance fee for a new or modified source shall be paid during the fiscal year in which the process specified in the permit comes on line.

     2.  The Standard Industrial Classification (SIC) codes listed in the Fee Schedule shall be used to assess fees.

     3.  The permit fee for multiple source permits shall be equal to the total amounts required by the individual processes involved, as listed in the Table.

     4.  All invoices for annual maintenance fees for major sources shall be submitted to those sources during the fiscal year and remittances are due 30 days after receipt of the invoice.  The annual maintenance fee shall be applicable to the fiscal year beginning the same July 1st of each year and ending the following June 30th. Failure to timely remit the annual maintenance fee in accordance with the above shall be considered ground for revoking an existing permit. Maintenance fees not received for prior fiscal years are due upon receipt of new or duplicate invoices.  Minor sources may or may not receive an annual compliance inspection.  In this case the maintenance fee must be paid within 30 days of the notification by the agency of the amount due.  Only one such fee shall be charged annually.

     5.  If a conditional permit is issued in accordance with adopted procedures, fees, submitted with that application for permit shall be retained and be applicable to the regular permit when it is acted upon.

     6.  If a process is not listed in the Fee Schedule and is not a source type exempted from fees by this regulation, then the department shall assign a fee based on the most similar processes and negotiated separately.  The Air Quality Division (AQD) shall analyze each permit request to determine the number of processes involved and the permit fee associated with each.

     7.  Periodically, the Air Quality Division (AQD) shall reevaluate the permit fee schedule based upon the previous fiscal year reasonable costs and shall adjust fees in the Table so as to recover the reasonable costs, and submit such revised schedule to the ;administrative authority for approval action.

     8.  A permit fee exempt list shall be presented to the administrative authority annually for approval.  The permit fee exempt list shall be in the offices of the Air Quality Division and shall be available for public inspection.  Any person may request permit fee exemption for a source class by application to the administrative authority.  Sources listed in the permit fee exempt list shall be exempt from the permit fee (Fee Schedule) and from having to obtain a permit.  The administrative authority may grant initial approval and denial of the class exemption pending consideration by the administrative authority.

     9.  When a company withdraws its application and claims refund for the permit fee, no refund shall be made, if the review of the application is essentially completed at the time of withdrawal. However up to 50 percent refund may be made when the review is just initiated but not completed.

     10.  Although a process unit or a plant is operated at a reduced level or is operated during certain months only, the annual maintenance fee will not be prorated.  The annual maintenance fee is charged on the rated capacity and not the actual output/throughput level.

     11.  When a permanent shutdown occurs and a company properly notifies the Air Quality Division, by official change in the Emission Inventory Questionnaire (EIQ) and permit, the maintenance fee would be dropped for that shutdown portion of the process/plant in the appropriate fiscal year only if that portion of the process/plant does not operate at any time during that fiscal year.

     12.  Unless otherwise stated, generally, the minor modification fee is equal to the Annual Maintenance Fee (AMF), the major modification is three times the AMF and new application fee is five times the AMF.  Where there is a minimum and/or maximum AMF established in a particular category, the same rationale shall apply to minimum and maximum permit fees.

     13.  NSPS fees may be waived when a PSD application fee is imposed.

     14.  The AQD administrator and his staff will determine the type of fee.  This determination will be based on the work load and on the factors described as follows:

     a.  New application fee (based on new capacity or incremental capacity)  applies when:

          i.  A new facility is added;

          ii.  A new operation in an existing facility is added;

          iii.  An existing operation is expanded by more than 80 percent in capacity.

     b.  Major modification fee (based on existing capacity) applies when:

          i.  The modification will trigger PSD review;

          ii.  The modification would have triggered PSD review without the use of contemporaneous emission reductions or banked emissions;

          iii.  The modification will increase 25 tons/year or more of non-attainment pollutant;

          iv.  The modification will change emissions over 100 tons/year;

          v.  The modification will increase capacity of an existing operation by 40 percent.

     c.  Minor modification fee (based on existing capacity) applies when a modification is not qualified under a new application fee or major modification fee.

     d.  If a modification is such that it does not increase capacity and changes emissions by less than 25 tons/year, the permit fee can be charged equal to the minimum minor modification permit fee for each process category involved.

   AUTHORITY NOTE:  Promulgated in accordance with R.S. 30:1084.
   HISTORICAL NOTE:  Promulgated by the Department of Environmental Quality, Office of Air Quality and Nuclear Energy, Air Quality Division in LR 13:741 (December 1987).

********************** end section 6511 ******************86t**

Section 6513. Determination of Fee
Approved by EPA 03/08/89 (54 FR 09795) at 52.970(c)(49) effective 05/08/89.

     These regulations apply to all registrants, specific licenses, permittees and other persons subject to charges concerned with one or more of the various programs of the Department of Environmental Quality.

   AUTHORITY NOTE:  Promulgated in accordance with R.S. 30:1084.
   HISTORICAL NOTE:  Promulgated by the Department of Environmental Quality, Office of Air Quality and Nuclear Energy, Air Quality Division in LR 13:741 (December 1987).

********************** end section 6513 ******************86t**

Section 6515. Method of Payment
Approved by EPA 03/08/89 (54 FR 09795) at 52.970(c)(49) effective 05/08/89.

     Fee payment shall be made by check, draft or money order payable to Department of Environmental Quality and mailed to the following address:  State of Louisiana, Department of Environmental Quality, Air Quality Division, Box 94381, Baton Rouge, LA  70804-9381.

   AUTHORITY NOTE:  Promulgated in accordance with R.S. 30:1084.
   HISTORICAL NOTE:  Promulgated by the Department of Environmental Quality, Office of Air Quality and Nuclear Energy, Air Quality Division in LR 13:741 (December 1987).

********************** end section 6515 ******************86t**

Section 6517. Late Payment
Approved by EPA 03/08/89 (54 FR 09795) at 52.970(c)(49) effective 05/08/89.

     Unless otherwise provided herein, annual fees or other charges not received within 15 days of the due date will be subject to a late charge at an additional 10 percent per month.

   AUTHORITY NOTE:  Promulgated in accordance with R.S. 30:1084.
   HISTORICAL NOTE:  Promulgated by the Department of Environmental Quality, Office of Air Quality and Nuclear Energy, Air Quality Division in LR 13:741 (December 1987).

********************** end section 6517 ******************86t**

Section 6519. Failure to Pay
Approved by EPA 03/08/89 (54 FR 09795) at 52.970(c)(49) effective 05/08/89.

     Failure to pay the prescribed application fee or annual fee as provided herein will constitute a violation of these regulations and shall be subject the person to applicable enforcement actions under the Louisiana Environmental Quality Act including, but not limited to, revocation or suspension of the applicable permit, license, registration, or variance.

   AUTHORITY NOTE:  Promulgated in accordance with R.S. 30:1084.
   HISTORICAL NOTE:  Promulgated by the Department of Environmental Quality, Office of Air Quality and Nuclear Energy, Air Quality Division in LR 13:741 (December 1987).

********************** end section 6519 ******************86t**

Section 6521. Effective Date
Approved by EPA 03/08/89 (54 FR 09795) at 52.970(c)(49) effective 05/08/89.

     A.  The application fees prescribed herin shall be effective upon publication in the Louisiana Register as adopted.

     B.  The annual fees prescribed herein shall be effective for the state fiscal year in which these fee regulations are published in the Louisiana Register as adopted and each state fiscal year thereafter. Fees submitted to the department in accordance with previous fee regulations for the state fiscal year in which these fee regulations are published in the Louisiana Register as adopted shall be credited against the fees and due and payable under these fee regulations.

   AUTHORITY NOTE:  Promulgated in accordance with R.S. 30:1084.
   HISTORICAL NOTE:  Promulgated by the Department of Environmental
Quality, Office of Air Quality and Nuclear Energy, Air Quality Division in LR 13:741 (December 1987).

********************** end section 6521 ******************86t**

Section 6523.  Fee Schedule Listing
Fee numbers 0010 to 1810 approved by EPA 03/08/89 (54 FR 09795) at 52.970(c)(49) effective 05/08/89.
Fee number 2400 approved by EPA 03/25/94 (59 FR 14114) at 52.970(c)(61) effective 05/24/94.
Fee number 2700 approved by EPA 10/23/95 (60 FR 54308) at 52.970(c)(66) effective 12/22/95 as Chapter 2, Section  223, Fee Schedule Listing.


*NOTES 1 to 12 and 17 refer to the Explanatory Notes for Fee Schedule at end of this table.

The MIN. and MAX. values are minimum or maximum Annual Maintenance Fees.

Page numbers and column headings have been inserted where new pages began in the regulation approved by EPA.

 

FEE NUMBER	FEE DESCRIPTION	AMOUNT
2400	An application approval fee for Stage II Vapor Recovery	$100.00
	An annual facility  inspection fee for Stage II Vapor Recovery	$150.00

Section  223. Fee Schedule Listing
Approved by EPA 10/23/95 (60 FR 54308) at 52.970(c)(66) effective 12/22/95.
Additional Permit Fees and ADVF Fees

Fee Number	Fee Description	Amount
2700 *Note17*	Fleet Size:
	10-25 vehicles	300.00
	26-50 vehicles	500.00
	51-100 vehicles	750.00
	101+ vehicles	1,000.00

            
EXPLANATORY NOTES FOR FEE SCHEDULE:

NOTE 1 - This category does not include building paper.

NOTE 2 - This category is considered one process with the fee based on the rated yearly chlorine capacity.

NOTE 3 - The fee for this category is based on crude throughput of the refinery.  Throughput includes additional purchased charge stocks.

NOTE 4 - Module is defined as a rotary printing device capable of printing one sheet and commonly arranged in series to comprise a print press.

NOTE 5 - The fees for this category apply to both batch and continuous processes.

NOTE 6 - This fee applies to lubricants meaning lubricating oils and greases.  This fee is not to be charged for units which are part of a facility for which the petroleum refinery fee was paid.

NOTE 7 - The fees for this category are based on the organic compound storage capacity of the facility.

NOTE 8 - For an electric power generation unit to be placed in this category it must burn fuel oil or coal of less than .7% Sulphur.

NOTE 9 - Wholesale grain distribution is not included in this category.

NOTE 10 - Facilities with no fuel or waste burning equipment are exempted from both the annual maintenance and permit fees.  Power must be supplied by electric motors or internal combustion engines.

NOTE 11 - For coal gasification and cogeneration projects when computing application fees, the capital cost for the control equipment that reduces emissions to a level below the applicable NSPS regulations should be deducted from the capital cost.

NOTE 12 - The maximum annual maintenance fee charged to any one gas transmission company for the total of fee numbers 1430, 1440, 1450, 1460, 1470, 1480, and 1490 shall not exceed $15,795.00.

Note 17 - The fleet size is based on the number of covered vehicles in the covered fleet.

  AUTHORITY NOTE:  Promulgated in accordance with R.S. 30:1084 and 30:2054.

  HISTORICAL NOTE:  Promulgated by the Department of Environmental Quality, Office of Air Quality and Nuclear Energy, Air Quality Division, LR 13:741 (December 1987), amended LR 18:1256 (November 1992), Office of Air Quality and Radiation Protection, Air Quality Division in LR 20:1263 (November 1994).

******************* end section 6523 **********a6523fee.869:6:00

*** End LAC 33:III Chapter 65, SIP effective 1989-05-08 (LAc49) to 2016-06-19***w6k***