Section 410.06. Severe ozone nonattainment area major source fee.

 

(1)   Fee required. Except as provided in sub. (3) , any person who owns or operates a stationary source which emits or has the potential to emit 25 tons per year of volatile organic compounds (VOCs) and which is located in Kenosha, Milwaukee, Ozaukee, Racine, Washington or Waukesha county shall pay a fee, computed in accordance with sub. (2) , beginning in 2008 and in each calendar year thereafter until the county in which the stationary source is located is redesignated as an attainment area for the 1-hour ozone standard. The fee required under this section shall be paid at the time that the annual emission fee under s. NR 410.04 is paid.

(2)   Computation of fee.

(a) Fee amount. The fee required under sub. (1) shall equal $5,000, adjusted in accordance with par. (c) , per ton of VOCs emitted by the source during the previous calendar year in excess of 80% of the baseline amount, computed under par. (b) .

(b) Baseline amount. For purposes of this section, the baseline amount shall be computed, in accordance with any guidance which the administrator may provide, as the lower of the amount of actual VOC emissions or the VOC emissions allowed under either a permit or emission limitations applicable to the source, during calendar year 2007.

(c) Annual adjustment. The fee amount under par. (a) shall be adjusted annually, beginning in 1990, by the percentage, if any, by which the consumer price index, as defined in section 502(b)(3)(B)(v) of the act ( 42 USC 7661a (b)(3)(B)(v)), has been adjusted.

(3)   Exception. No person who owns or operates a stationary source is required to pay any fee under sub. (1) with respect to emissions during any year that is treated as an extension year under section 181(a)(5) of the act ( 42 USC 7511 (a)(5)).

History: Cr. Register, January, 2001, No. 541 , eff. 2-1-01.