§ 10.1-1316.1. Severe ozone nonattainment areas; fees.
A. Except as provided in subsection C, any owner of a stationary source thatemits or has the potential to emit 25 tons or more per year of volatileorganic compounds or 25 tons or more of nitrogen oxides and is located in anarea designated by the U.S. Environmental Protection Agency as a severe ozonenonattainment area shall pay a fee to the Department for deposit in theVehicle Emissions Inspection Program Fund, established pursuant to §46.2-1182.2 to be used for air quality evaluation and improvements, if thearea fails to attain the ambient air quality standard for ozone by theapplicable attainment date established pursuant to 42 U.S.C. §§ 7502 and 7511of the Clean Air Act. Such fees shall be assessed for emissions in eachcalendar year beginning in the year after the attainment date and for eachcalendar year thereafter as set forth in this section and shall continueuntil the area is redesignated as an attainment area for the ozone standard.
B. The fee shall be determined in accordance with the following:
1. The fee shall equal $5,000, adjusted in accordance with subdivision B 3,per ton of volatile organic compounds or nitrogen oxides emitted by thestationary source during the previous calendar year in excess of 80 percentof the baseline amount, computed under subdivision B 2.
2. For purposes of this section, the baseline amount shall be the lower of(i) the amount of actual volatile organic compounds or nitrogen oxideemissions or (ii) the amount of volatile organic compounds or nitrogen oxideemissions allowed under the permit applicable to the stationary source duringthe attainment year, or, if no such permit has been issued for the attainmentyear, the amount of volatile organic compounds or nitrogen oxide emissionsallowed under the applicable implementation plan during the attainment year.The Department may calculate the baseline amount over a period of more thanone calendar year, provided such determination is consistent with federalrequirements.
3. The fee amount under subdivision B 1 shall be adjusted each year beginningin 1991 by the percentage, if any, by which the Consumer Price Index for themost recent calendar year ending before the beginning of such year exceedsthe Consumer Price Index for the calendar year 1989. The Consumer Price Indexfor any calendar year is the average of the Consumer Price Index for allurban consumers published by the U.S. Department of Labor as of the close ofthe 12-month period ending on August 31 of each calendar year. The revisionof the Consumer Price Index that is most consistent with the Consumer PriceIndex for the calendar year 1989 shall be used.
C. Notwithstanding any provision of this section, no owner shall be requiredto pay any fee under subsection A with respect to emissions during any yearthat is treated as an extension year under 42 U.S.C. § 7511 (a) (5) of theClean Air Act and no owner shall be required to pay any fee under subsectionA if such fees would not otherwise be imposed pursuant to 42 U.S.C. § 7511d.
D. Payment is due by August 31 of each year. The Department shall issueannual notices of the fees to owners on or before August 1 of each year. Eachnotice shall include a summary of the data on which the fee is based. TheBoard may establish additional procedures for the assessment and collectionof such fees. The failure to pay within 90 days from the receipt of thenotice shall be grounds to institute a collection action against the owner ofthe stationary source.
E. Fees collected pursuant to this section shall not supplant or reduce thegeneral fund appropriation to the Department.
F. These fees shall be used to pay expenses related to air quality monitoringand evaluation in the Commonwealth and measures to improve air quality inareas designated by the U.S. Environmental Protection Agency as severenonattainment areas. The fees that may be generated may be used for matchinggrants.
§ 10.1-1316.1. Severe ozone nonattainment areas; fees.
A. Except as provided in subsection C, any owner of a stationary source thatemits or has the potential to emit 25 tons or more per year of volatileorganic compounds or 25 tons or more of nitrogen oxides and is located in anarea designated by the U.S. Environmental Protection Agency as a severe ozonenonattainment area shall pay a fee to the Department for deposit in theVehicle Emissions Inspection Program Fund, established pursuant to §46.2-1182.2 to be used for air quality evaluation and improvements, if thearea fails to attain the ambient air quality standard for ozone by theapplicable attainment date established pursuant to 42 U.S.C. §§ 7502 and 7511of the Clean Air Act. Such fees shall be assessed for emissions in eachcalendar year beginning in the year after the attainment date and for eachcalendar year thereafter as set forth in this section and shall continueuntil the area is redesignated as an attainment area for the ozone standard.
B. The fee shall be determined in accordance with the following:
1. The fee shall equal $5,000, adjusted in accordance with subdivision B 3,per ton of volatile organic compounds or nitrogen oxides emitted by thestationary source during the previous calendar year in excess of 80 percentof the baseline amount, computed under subdivision B 2.
2. For purposes of this section, the baseline amount shall be the lower of(i) the amount of actual volatile organic compounds or nitrogen oxideemissions or (ii) the amount of volatile organic compounds or nitrogen oxideemissions allowed under the permit applicable to the stationary source duringthe attainment year, or, if no such permit has been issued for the attainmentyear, the amount of volatile organic compounds or nitrogen oxide emissionsallowed under the applicable implementation plan during the attainment year.The Department may calculate the baseline amount over a period of more thanone calendar year, provided such determination is consistent with federalrequirements.
3. The fee amount under subdivision B 1 shall be adjusted each year beginningin 1991 by the percentage, if any, by which the Consumer Price Index for themost recent calendar year ending before the beginning of such year exceedsthe Consumer Price Index for the calendar year 1989. The Consumer Price Indexfor any calendar year is the average of the Consumer Price Index for allurban consumers published by the U.S. Department of Labor as of the close ofthe 12-month period ending on August 31 of each calendar year. The revisionof the Consumer Price Index that is most consistent with the Consumer PriceIndex for the calendar year 1989 shall be used.
C. Notwithstanding any provision of this section, no owner shall be requiredto pay any fee under subsection A with respect to emissions during any yearthat is treated as an extension year under 42 U.S.C. § 7511 (a) (5) of theClean Air Act and no owner shall be required to pay any fee under subsectionA if such fees would not otherwise be imposed pursuant to 42 U.S.C. § 7511d.
D. Payment is due by August 31 of each year. The Department shall issueannual notices of the fees to owners on or before August 1 of each year. Eachnotice shall include a summary of the data on which the fee is based. TheBoard may establish additional procedures for the assessment and collectionof such fees. The failure to pay within 90 days from the receipt of thenotice shall be grounds to institute a collection action against the owner ofthe stationary source.
E. Fees collected pursuant to this section shall not supplant or reduce thegeneral fund appropriation to the Department.
F. These fees shall be used to pay expenses related to air quality monitoringand evaluation in the Commonwealth and measures to improve air quality inareas designated by the U.S. Environmental Protection Agency as severenonattainment areas. The fees that may be generated may be used for matchinggrants.
§ 10.1-1316.1. Severe ozone nonattainment areas; fees.
A. Except as provided in subsection C, any owner of a stationary source thatemits or has the potential to emit 25 tons or more per year of volatileorganic compounds or 25 tons or more of nitrogen oxides and is located in anarea designated by the U.S. Environmental Protection Agency as a severe ozonenonattainment area shall pay a fee to the Department for deposit in theVehicle Emissions Inspection Program Fund, established pursuant to §46.2-1182.2 to be used for air quality evaluation and improvements, if thearea fails to attain the ambient air quality standard for ozone by theapplicable attainment date established pursuant to 42 U.S.C. §§ 7502 and 7511of the Clean Air Act. Such fees shall be assessed for emissions in eachcalendar year beginning in the year after the attainment date and for eachcalendar year thereafter as set forth in this section and shall continueuntil the area is redesignated as an attainment area for the ozone standard.
B. The fee shall be determined in accordance with the following:
1. The fee shall equal $5,000, adjusted in accordance with subdivision B 3,per ton of volatile organic compounds or nitrogen oxides emitted by thestationary source during the previous calendar year in excess of 80 percentof the baseline amount, computed under subdivision B 2.
2. For purposes of this section, the baseline amount shall be the lower of(i) the amount of actual volatile organic compounds or nitrogen oxideemissions or (ii) the amount of volatile organic compounds or nitrogen oxideemissions allowed under the permit applicable to the stationary source duringthe attainment year, or, if no such permit has been issued for the attainmentyear, the amount of volatile organic compounds or nitrogen oxide emissionsallowed under the applicable implementation plan during the attainment year.The Department may calculate the baseline amount over a period of more thanone calendar year, provided such determination is consistent with federalrequirements.
3. The fee amount under subdivision B 1 shall be adjusted each year beginningin 1991 by the percentage, if any, by which the Consumer Price Index for themost recent calendar year ending before the beginning of such year exceedsthe Consumer Price Index for the calendar year 1989. The Consumer Price Indexfor any calendar year is the average of the Consumer Price Index for allurban consumers published by the U.S. Department of Labor as of the close ofthe 12-month period ending on August 31 of each calendar year. The revisionof the Consumer Price Index that is most consistent with the Consumer PriceIndex for the calendar year 1989 shall be used.
C. Notwithstanding any provision of this section, no owner shall be requiredto pay any fee under subsection A with respect to emissions during any yearthat is treated as an extension year under 42 U.S.C. § 7511 (a) (5) of theClean Air Act and no owner shall be required to pay any fee under subsectionA if such fees would not otherwise be imposed pursuant to 42 U.S.C. § 7511d.
D. Payment is due by August 31 of each year. The Department shall issueannual notices of the fees to owners on or before August 1 of each year. Eachnotice shall include a summary of the data on which the fee is based. TheBoard may establish additional procedures for the assessment and collectionof such fees. The failure to pay within 90 days from the receipt of thenotice shall be grounds to institute a collection action against the owner ofthe stationary source.
E. Fees collected pursuant to this section shall not supplant or reduce thegeneral fund appropriation to the Department.
F. These fees shall be used to pay expenses related to air quality monitoringand evaluation in the Commonwealth and measures to improve air quality inareas designated by the U.S. Environmental Protection Agency as severenonattainment areas. The fees that may be generated may be used for matchinggrants.
