Title 18 . Environmental Conservation

Chapter 50 . Administrative Enforcement

Section 410. Emission fees

18 AAC 50.410. Emission fees

(a) On or after July 1, 2005, 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.

(b) Except as provided in (c) of this section, the rate is $12.52 per ton for emissions of each air pollutant if a stationary source emits more than 10 tons of that air pollutant for that year, except that the emission fee for reduced sulfur compounds or ammonia is limited to the first 4,000 tons of emissions in the year.

(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 , if demonstrated by

(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; or

(D) other methods and calculations approved by the department.

(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 42 U.S.C. 7412, and that is not described in (a)(2) or (a)(3) of this section, only emissions from the emission unit subject to that standard are subject to emission fees under 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) 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 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) $1,808 for operation at one or more ice pads during a winter drilling season;

(ii) $5,424 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) $1,685 for drilling five or fewer wells under the same application or notification during a state fiscal year;

(ii) $3,370 for drilling no fewer than six and no more than 10 wells under the same application or notification during a state fiscal year;

(iii) $5,055 for drilling 11 or more wells under the same application or notification during a state fiscal year.

(g) For purposes of this section, "state fiscal year" means a year beginning on July 1 of one calendar year and ending on June 30 of the following calendar year.

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

Authority: AS 44.46.025

AS 46.03.020

AS 46.14.140

AS 46.14.250