| (a) Pollutant applicability. The total fee obligation
must be met for each pollutant, volatile organic compounds (VOC),
nitrogen oxides (NOX ), or both, for which
the Section 185 Account meets the requirements of §101.101 of
this title (relating to Applicability) for any year or partial year
that the Section 185 Account operated as a major stationary source.
Actual VOC or NOX emissions may be kept
separate or aggregated together. A single pollutant may be aggregated
across multiple major stationary sources, or both VOC and NOX may be aggregated together across multiple
major stationary sources. Aggregation is limited to emissions from:
(1) major stationary sources that aggregated VOC baseline
amounts under §101.107 of this title (relating to Aggregated
Baseline Amount);
(2) major stationary sources that aggregated NOX baseline amounts under §101.107 of this
title; or
(3) major stationary sources that aggregated VOC with
NOX baseline amounts under §101.107
of this title.
(b) Obligation. The owner or operator of each major
stationary source to which this rule applies shall pay a fee to the
commission computed in accordance with subsection (d) of this section.
Payment of all fees must be paid in accordance with §101.116
of this title (relating to Failure to Attain Fee Payment). The fee
will be assessed on actual emissions that exceed 80% of the pollutant
baseline amount. The fee is due until the Failure to Attain Fee no
longer applies to the area as described under §101.118 of this
title (relating to Cessation of Program).
(c) Separate pollutant obligation. Fee obligation from
VOC or NOX emission major stationary
sources not qualified or chosen for baseline aggregation under §101.107
of this title will remain separate and due from each major stationary
source. The fee will be calculated by the method described in subsection
(d) of this section.
(d) Calculation of fee for emissions. The fee will
be calculated in accordance with the method used for a baseline amount
determination.
(1) If VOC are aggregated under §101.107(a) of
this title, VOC emissions from all major stationary sources in the
Section 185 Account must be used for aggregated actual emissions and
the aggregated baseline emissions.
(2) If NOX are aggregated
under §101.107(a) of this title, NOX emissions
from all major stationary sources in the Section 185 Account must
be used for the aggregated actual and aggregated baseline emissions.
(3) If VOC are aggregated with NOX at
one major stationary source under §101.107(a) of this title,
VOC and NOX emissions must be used for
the aggregated actual and aggregated baseline emissions. If VOC are
aggregated with NOX across multiple major
stationary sources, VOC and NOX emissions
from each major stationary source in the Section 185 Account must
be used for the aggregated actual and aggregated baseline emissions.
The fee will be calculated for VOC, NOX ,
or both, as follows.
Attached Graphic
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