3745.111 Fee per ton of certain air contaminant emissions. - Ohio Statutes

3745.111 Fee per ton of certain air contaminant emissions.

(A) For the purpose of defraying the costs of administering and enforcing the laws of this state relating to the prevention, control, and abatement of air pollution and rules adopted and terms and conditions of permits, variances, and orders issued under those laws, other than the costs of administering and enforcing programs and requirements pertaining to motor vehicle inspection and maintenance, there is hereby levied in fiscal years 1993 and 1994 a fee of eight dollars per ton on the emission of each of the following air contaminants from stationary sources that have allowable annual emissions of the air contaminant of twenty-five tons or more per year:

(1) Particulates, excluding those from roadways, parking areas, and storage piles;

(2) Sulfur dioxide;

(3) Nitrogen oxides;

(4) Organic compounds.

(B) The director shall determine an air contaminant source’s allowable annual emissions of an air contaminant listed in divisions (A)(1) to (4) of this section based upon both of the following:

(1) The maximum hourly allowable emission limitation for the air contaminant as calculated on the basis of the emission limitation that is applicable to the source, and the source’s maximum hourly operating rate, pursuant to rules adopted under division (E) of section 3704.03 of the Revised Code, as a term or condition of the permit issued for the source pursuant to rules adopted under division (F) or (G) of section 3704.02 of the Revised Code, or as a term or condition of a variance issued for the source pursuant to rules adopted under division (H) of section 3704.03 of the Revised Code. If a source is operating under a permit to operate issued pursuant to rules adopted under division (G) of section 3704.03 of the Revised Code that contains an emission limitation different from the amount established pursuant to rules adopted under division (E) of that section, the emission limitation specified in the permit shall be used in determining the maximum hourly emission limitation used in the calculation of the applicable amount of the fee.

(2) The source’s normal annual operating hours as that information was reported to the director by the person responsible for the source in the application for a permit or variance most recently submitted to the director pursuant to rules adopted under division (F), (G), or (H) of section 3704.03 of the Revised Code.

(C) The person responsible for an air contaminant source subject to the fee levied by division (A) of this section shall remit the fee due in connection with the source to the director in installments in accordance with the following schedule:

(1) One-half of the fee applicable to fiscal year 1993 within thirty days after receipt of the invoice for that amount sent under division (D)(1) of this section;

(2) One-half of the fee applicable to fiscal year 1993 by May 1, 1993;

(3) One-half of the fee applicable to fiscal year 1994 by October 1, 1993;

(4) One-half of the fee applicable to fiscal year 1994 by February 1, 1994.

If payment is late, the person responsible for the air contaminant source shall pay an additional ten per cent of the amount due for each month that it is late.

(D) Promptly after the effective date of this section, the director shall determine the amount of the fee levied in fiscal year 1993 that is due from the person responsible for each air contaminant source that is subject to the fee levied under division (A) of this section. The director shall determine the amount of the fee levied in fiscal year 1994 that is due from each such person by August 1, 1993. The director shall send to each such person invoices for the appropriate installments of the fee that are required to be remitted under division (C) of this section, in accordance with the following schedule:

(1) Promptly after the effective date of this section for the installment required to be remitted under division (C)(1) of this section;

(2) By April 1, 1993, for the installment required to be remitted under division (C)(2) of this section;

(3) By August 1, 1993, for the installment required to be remitted under division (C)(3) of this section;

(4) By December 1, 1993, for the installment required to be remitted under division (C)(4) of this section.

(E)(1) The fee levied by division (A) of this section does not apply to that portion of the annual emissions of an air contaminant listed in divisions (A)(1) to (4) of this section from all sources located on the premises of a facility that exceed four thousand tons of the air contaminant per year.

(2) If the person responsible for an air contaminant source demonstrates to the director that back-up fuels that the source is authorized to burn by a permit issued pursuant to rules adopted under division (F) or (G) of section 3704.03 of the Revised Code were not burned during the six-month period prior to the receipt of an invoice requesting payment of the installment of the fee levied by division (A) of this section, the fee shall not be paid for allowable emissions from the source that would have resulted from the combustion of an authorized back-up fuel during that six-month period.

(F) If the moneys collected by the director under this section in fiscal year 1993 exceed five and one-half million dollars, the director shall issue an order reducing the amount of the fee levied under division (A) of this section from eight dollars per ton to an amount calculated to reduce the estimated revenues from the fee to five and one-half million dollars in fiscal year 1994. Notwithstanding section 119.06 of the Revised Code, the director may issue an order under this division without the necessity to hold an adjudication hearing in connection with the order. The issuance of an order under this division is not an “act” or “action” for purposes of section 3745.04 of the Revised Code.

(G) The fee levied under division (A) of this section shall remain in effect during fiscal years 1993 and 1994, or until revenues begin to be collected pursuant to legislation enacted by the general assembly to implement the requirements of Title V of the “Clean Air Act Amendments of 1990,” 104 Stat. 2635, 42 U.S.C.A. 7661, whichever occurs earlier.

(H) As used in this section:

(1) “Air contaminant,” “air contaminant source,” “emission,” “emit,” and “emission limitation” have the same meanings as in section 3704.01 of the Revised Code.

(2) “Back-up fuel” means a fuel supply that a source intends to use and does use only because of an inability to use its primary fuel as its exclusive fuel.

(3) “Facility” means any building, structure, installation, operation, or combination thereof that contains one or more stationary sources of air contaminants.

(4) “Organic compound” means any chemical compound of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate.

Effective Date: 12-22-1992