Section 11-60.1-114 - Annual fees for covered sources(a) Except as specified in subsection 11-60.1-112(h), subsection (b), and below, an annual fee shall be paid in full within the first one-hundred twenty days of each calendar year and a closure fee shall be paid within thirty days after the permanent discontinuance of the covered source.(b) The director, at the director's sole discretion, or upon written request from the owner or operator of a covered source, may extend the annual fee submittal deadline if the director determines that reasonable justification exists for the extension. The owner or operator's written request for an extension shall be submitted at least fifteen days prior to the required submission due date, unless the director with reasonable justification approves a lesser period, and shall include the following information:
(1) Justification for the extension, including a showing that reasonable effort and resources have been and are being utilized in the calculation of annual emissions and the corresponding annual fee as calculated pursuant to this section;(2) Description of the problems being encountered and reasons for any delays in meeting the annual fee deadline;(3) The current status of emission calculations; and(4) The projected date of submitting the annual fee. If the director disapproves an extension for submitting the annual fee, the owner or operator shall pay the required annual fee within thirty days of receipt of the disapproval notice or by the original submittal deadline, whichever is later. If the director approves an extension for submitting the annual fee, the owner or operator shall pay the required annual fee by the extended approved date. Any part of the annual fee that is not paid within the required time shall at once be assessed the late penalty fee pursuant to subsection (m).
(c) An annual fee due within the first one-hundred twenty days of each calendar year shall be based upon the tons of regulated air pollutants emitted during the prior calendar year, except that GHGs shall be based on the total CO2e tons emitted.(d) A closure fee due within thirty days after the permanent discontinuance of the covered source shall be based upon the tons of regulated air pollutants emitted during the year of permanent discontinuance, except that GHGs shall be based on the total CO2e tons emitted.(e) An annual fee due within the first one-hundred twenty days of a particular calendar year shall be referred to as the annual fee for that particular year. For example, the 2001 annual fee shall be due within the first one-hundred twenty days of calendar year 2001 and shall be based on regulated air pollutants emitted in 2000.(f) An annual fee shall be assessed for each ton or CO2e ton of regulated air pollutant emitted by a covered source except for: (1) Carbon monoxide emissions;(2) Fugitive emissions if fugitive emissions are not included in the applicable requirements or AP-42; and(3) Emissions from insignificant activities listed in subsections 11-60.1-82(f) and (g).(g) The annual fee assessed for each regulated air pollutant shall be determined by multiplying the appropriate dollar per ton charge pursuant to subsections (i) and (j) by the covered source emissions in tons or CO2e tons per year pursuant to section 11-60.1-115. The dollar per ton charge assessed for all regulated air pollutants (both toxic and non-toxic) shall be determined pursuant to the following subsections: Annual Fees Due | Subsection(s) |
Prior to 2002 | As provided for in subchapter 6, amended October 26, 1998 |
2002, except GHGs | (i) (1) and (2) |
2003 and thereafter, except GHGs | (i) (1) and (2), and (j) |
2015 for GHGs | (i) (4) and (5) |
2016 and thereafter for GHGs | (i) (4) and (5), and (j) |
(h) The submittal of an additional annual fee determined by the dollar per ton charge pursuant to paragraph(i)(3) and subsection (j) for toxic pollutants shall begin as established by rulemaking.(i) The dollar per ton charge for each regulated air pollutant emitted by a covered source shall be as follows: (1) All regulated pollutants, except GHGs (toxic and non-toxic) - $39.00 per ton (made payable to the Clean Air Special Fund-COV);(2) All regulated pollutants, except GHGs (toxic and non-toxic) - $9.50 per ton (made payable to the Clean Air Special Fund-NON);(3) Toxic pollutant emissions - additional charge to be set by rulemaking specifically for regulated toxic pollutants;(4) GHGs, including biogenic CO2, nitrous oxide, and methane emissions - $ 0.07 per CO2e ton (made payable to the Clean Air Special Fund-COV); and(5) GHGs, including biogenic CO2e nitrous oxide, and methane emissions - $ 0.05 per CO2e ton (made payable to the Clean Air Special Fund-NON).(j) On January 1, 2002 and at the beginning of each subsequent year, the previous dollar per ton charge shall be adjusted by the percentage, if any, by which the consumer price index for the last calendar year exceeds the consumer price index for the calendar year before. The consumer price index for any calendar year is the average of the consumer price index for all urban consumers published by the United States Department of Labor, as of the close of the twelve-month period ending on August 31 of each calendar year. The adjusted annual fee rate shall be applied to those air pollutants emitted during the same calendar year.(k) When submitting the annual fee, the owner or operator of a covered source shall submit a written report of emissions of all regulated air pollutants (toxic and non-toxic).(l) The minimum annual fee shall be $500 for each covered source facility in operation or each valid covered source permit held during the prior calendar year, or $42 per month for any fraction of the year the covered source facility was in operation or the covered source permit was valid. For purposes of this subsection, "covered source facility" means a covered source under common control of the same person or persons that is located on one or more contiguous or adjacent properties.(m) If any part of the annual fee is not paid within thirty days after the due date, a late payment penalty of five percent of the amount due shall at once accrue and be added thereto. Thereafter, on the first day of each calendar month during which any part of the annual fee or any prior accrued late payment penalty remains unpaid, an additional late payment penalty of five percent of the then unpaid balance shall accrue and be added thereto.(n) If any annual fee, including the late payment penalty required by this chapter is not paid in full within thirty days after the due date, the director may terminate or suspend any or all of the owner or operator's covered source permits, after affording the opportunity for a hearing in accordance with chapters 91 and 342B, HRS.(o) The owner or operator of a covered source may at any time request a meeting with the department to discuss the annual fee assessment or the computational methods used to determine the annual fee. If the owner or operator still feels that the annual fee is being miscalculated after meeting with the department, the owner or operator may request a contested case hearing in accordance with chapters 91 and 342B, HRS.Haw. Code R. § 11-60.1-114
[Eff 11/26/93; am and comp 10/26/98; am and comp 9/15/01; am and 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; 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)