Section 410.04. Annual emission fee.

 

(1)   Fee required. Except as provided under sub. (3) , any person who owns or operates a facility for which an operation permit is required under s. 285.60 , Stats., shall pay an annual emission fee to the department at the rate specified in s. 285.69 (2) , Stats.

(2)   Air contaminants subject to fee.

(a) Except as provided under par. (b) , the annual emission fee shall be based on the annual actual emissions of the air contaminants listed in Table 1 of s. NR 438.03 , as those annual actual emissions are recorded in the annual emission inventory prepared by the department under s. NR 438.03 (5) .

(b) The following emissions are exempt from the emission fees required under this section:

1. Emissions from any acid rain phase I affected unit for the years 1995 through 1999.

2. Except as provided under sub. (4) , emissions in excess of 5,000 tons per year of any air contaminant from any one facility.

3. Emissions of carbon monoxide and carbon dioxide.

4. Emission reduction credits reported as actual emissions.

5. Emissions of acetone, sec-butanol, tert-butanol, n-butyl acetate, chlorobromomethane, diethyl ketone, ethyl acetate, isobutyl acetate, methyl acetate, methyl acetylene, octane (all isomers), pentane (all isomers) and vinylidine fluoride.

6. Emissions of di-n-octyl phthalate, octachlorostyrene, pentachlorobenzene, perylene, 1,2,3,4-tetrachlorobenzene, 1,2,4,5-tetrachlorobenzene and tributyl tin.

(c) For the purpose of charging fees, the following groups of air contaminants shall be considered single air contaminants:

1. Particulate matter and PM 10 .

2. Reduced sulfur compounds, mercaptans, hydrogen sulfide and total reduced sulfur.

3. Air contaminants reported as both a hazardous air contaminant and as either a particulate or volatile organic compound. The air contaminants which are not eligible for this exemption are identified by footnote number 3 in Table 1 of s. NR 438.03 .

(3)   Facilities exempt from annual emissions fees. The following facilities are exempt from the requirement to pay annual emissions fees under s. 285.69 (2) , Stats., and this section:

(a) Any facility whose total annual actual emissions of all air contaminants listed in Table 1 of s. NR 438.03 , and annotated with footnote 3, are less than 5 tons.

(b) Indirect sources of air pollution.

(4)   Utilities with acid rain phase I affected units. Notwithstanding sub. (2) (b) 2. , the department shall charge fees on emissions in excess of 5,000 tons per year of any air contaminant from any facility operated by a utility that owns or operates an acid rain phase I affected unit to the extent necessary to recover the fees that would have been charged to that utility if the exemption under sub. (2) (b) 1. did not exist.

(5)   Payment. Annual emission fees shall be paid to the department within 30 days of receipt of the bill.

(6)   Disputed payment.

(a) The owner or operator of a facility who disputes its annual emissions fee may request, in writing, that the department review the fee. Such a request shall be filed within 30 days of receipt of the bill. The department shall review and supply to the facility, within 14 calendar days of receipt of the written request, all information used to calculate the annual emissions fee. If the facility continues to dispute the fee, it shall supply to the department, within 14 calendar days after receipt of this information, the reasons it disputes the fee. The facility shall be notified by the department, within 7 calendar days of receipt of this information, whether the fee will be adjusted. If the facility continues to dispute the fee, it may appeal the department's final decision pursuant to s. 285.81 , Stats.

(b) The facility shall pay the amount of fee not in dispute within 30 days of receipt of the bill.

History: Cr. Register, April, 1984, No. 340 , eff. 5-1-84; renum. from NR 410.05, Register, September, 1986, No. 369 , eff. 10-1-86; r. and recr. Register, April, 1988, No. 388 , eff. 5-1-88; r. and recr. Register, May, 1993, No. 449 , eff. 6-1-93; am. (3), Register, February, 1995, No. 470 , eff. 3-1-95; CR 02-146 : am. (2) (b) 2. and (4) Register October 2003 No. 574 , eff. 11-1-03; CR 02-097 : cr. (2) (b) 5. and 6. Register June 2004 No. 582 , eff. 7-1-04.