Section 11-60.1-112 - General fee provisions for covered sources(a) Every applicant for a covered source permit shall pay an application fee as set forth in section 11-60.1-113.(b) Except as provided in subsection (h) below, every owner or operator of a covered source shall pay an annual fee as set forth in section 11-60.1-114.(c) All application and annual fees collected pursuant to this chapter shall be used to cover the direct and indirect costs to develop, support, and administer the air permit program.(d) All application fees for covered sources shall be submitted by check or money order made payable to the Clean Air Special Fund-COV, and are not refundable, except as otherwise provided in this subchapter.(e) All annual fees for covered sources required by this chapter shall be submitted by check or money order, made payable to:(1) The Clean Air Special Fund-COV, for fees determined by the dollar per ton charge pursuant to sections 11-60.1-114(i)(1), (3) and (4), and (j); and(2) The Clean Air Special Fund-NON, for fees determined by the dollar per ton charge pursuant to sections 11-60.1-114(i)(2), (3) and (5), and (j); and are not refundable, except for any amount that constitutes an overpayment, as determined by the director. (f) Checks returned for any reason (e.g., insufficient funds, closed account, etc.) shall be considered a failure to pay. Returned checks are subject to an additional $25 handling charge. If a returned check results in a late payment, the owner or operator shall also be assessed a late payment penalty in accordance with section 11-60.1-114(m).(g) The department shall reevaluate the provisions of this subchapter at least every three years to ensure that adequate fees are being generated to cover the direct and indirect costs to develop, support, and administer the air permit program. If fee adjustments are required based on the director's reevaluation, the director shall afford the opportunity for public comment in accordance with chapters 91 and 342B, HRS. Any fee adjustments pursuant to subsection 11-60.1-114 (j), and fee waivers allowed in subsection (h) below, shall not require that the director afford the opportunity for public comment in accordance with chapters 91 and 342B, HRS.(h) With EPA's approval, the director may waive annual fees due from owners or operators of covered sources for the following calendar year, provided that funds in excess of $6 million will exist in the Clean Air Special Fund-COV account as of the end of the current calendar year. Nothing in this subsection shall be construed to allow a waiver of any application fee, or a waiver of any other requirements under this chapter, including reporting requirements, such as annual emissions reporting. The owner or operator of a covered source shall continue to report the source's actual emissions of regulated air pollutants, including toxic pollutants, in tons per year. For greenhouse gases, biogenic CO2 emissions shall be identified separately; and actual emissions shall be reported in both mass tons and CO2e tons of each greenhouse gas emitted (e.g., carbon dioxide, nitrous oxide, methane, hydrofluorccarbons, perfluorocarbons, and sulfur hexafluoride), and the resulting total mass tons and CO2e tons emitted. The emissions report shall show the method, assumptions, emissions factors, and calculations used to obtain the tons per year emissions of each regulated air pollutant, including the CO2e tons of GHGs. The reporting of annual emissions shall be submitted within the time frame specified in the applicable permit.Haw. Code R. § 11-60.1-112
[Eff 11/26/93; am and comp 10/26/98; am and comp 9/15/01; comp 11/14/03; comp 1/13/12; am and comp JUN 30 2014] (Auth: HRS §§ 342B-3, 342B-12, 342B-29, 342B-71, 342B-72, 342B-73; 42 U.S.C. §§7407, 7416, 7661 a; 40 C.F.R. Part 70) (Imp: HRS §§ 342B-3, 342B-12, 342B-29; 42 U.S.C. §§7407, 7416, 7661 a; 40 C.F.R. Part 70)