Subchapter I. PLAN APPROVAL AND OPERATING PERMIT FEES

 (a)  This subchapter establishes fees to cover the direct and indirect costs of administering the air pollution control planning process, operating permit program required by Title V of the Clean Air Act (42 U.S.C.A. § §  7661—7661f), other requirements of the Clean Air Act, the indirect and direct costs of administering the Small Business Stationary Source Technical and Environmental Compliance Assistance Program, Compliance Advisory Committee and the Office of Small Business Ombudsman and the costs to support the air pollution control program authorized by the act.

 (b)  The fees collected shall be deposited into the Clean Air Fund established under section 9.2 of the act (35 P. S. §  4009.2).

 (a)  Each applicant for a plan approval shall, as part of the plan approval application, submit the application fee required by this section to the Department.

 (b)  Except as provided in subsections (c)—(g) a source requiring approval under Subchapter B (relating to plan approval requirements) shall pay a fee equal to:

   (1)  Seven hundred fifty dollars for applications filed during the 1995—1999 calendar years.

   (2)  Eight hundred fifty dollars for applications filed during the 2000—2004 calendar years.

   (3)  One thousand dollars for applications filed for the calendar years beginning in 2005.

 (c)  A source requiring approval under Subchapter E (relating to new source review) shall pay a fee equal to:

   (1)  Three thousand five hundred dollars for applications filed during the 1995—1999 calendar years.

   (2)  Four thousand three hundred dollars for applications filed during the 2000—2004 calendar years.

   (3)  Five thousand three hundred dollars for applications filed beginning in 2005.

 (d)  A source subject to standards adopted under Chapter 122 (relating to national standards of performance for new stationary sources) or to standards adopted under Chapter 124 (relating to national emission standards for hazardous air pollutants) shall pay a fee equal to:

   (1)  One thousand two hundred dollars for applications filed during the 1995—1999 calendar years.

   (2)  One thousand four hundred dollars for applications filed during the 2000—2004 calendar years.

   (3)  One thousand seven hundred dollars for applications filed beginning in 2005.

 (e)  A source subject to §  127.35(c), (d) or (h) (relating to maximum achievable control technology standards for hazardous air pollutants) shall pay a fee equal to:

   (1)  Five thousand five hundred dollars for applications filed during the 1995—1999 calendar years.

   (2)  Six thousand seven hundred dollars for applications filed during the 2000—2004 calendar years.

   (3)  Eight thousand dollars for applications filed beginning in 2005.

 (f)  A source requiring approval under Subchapter D (relating to prevention of significant deterioration of air quality) shall pay a fee equal to:

   (1)  Fifteen thousand dollars for applications filed during the 1995—1999 calendar years.

   (2)  Eighteen thousand five hundred dollars for applications filed during the 2000—2004 calendar years.

   (3)  Twenty-two thousand seven hundred dollars for applications filed beginning in 2005.

 (g)  Except as provided in subsection (h), the source proposing a minor modification of a plan approval, extension of a plan approval, and transfer of a plan approval due to a change of ownership, shall pay a fee equal to:

   (1)  Two hundred dollars for applications filed during the 1995—1999 calendar years.

   (2)  Two hundred thirty dollars for applications filed during the 2000—2004 calendar years.

   (3)  Three hundred dollars for applications filed beginning in 2005.

 (h)  The modification of a plan approval that includes the reassessment of a control technology determination or of the ambient impacts of the source will not be considered a minor modification of the plan approval.

 (a)  Each applicant for an operating permit, which is not a Title V facility, shall, as part of the operating permit application and as required on an annual basis, submit the fees required by this section to the Department. These fees apply to the extension, modification, revision, renewal and reissuance of each operating permit or part thereof.

 (b)  The fee for processing an application for an operating permit is:

   (1)  Two hundred fifty dollars for applications filed during the 1995—1999 calendar years.

   (2)  Three hundred dollars for applications filed during the 2000—2004 calendar years.

   (3)  Three hundred seventy-five dollars for applications filed for the calendar years beginning in 2005.

 (c)  The annual operating permit administration fee is:

   (1)  Two hundred fifty dollars for applications filed during the 1995—1999 calendar years.

   (2)  Three hundred dollars for applications filed during the 2000—2004 calendar years.

   (3)  Three hundred seventy-five dollars for applications filed during the years beginning in 2005.

 (a)  Each applicant for an operating permit, which is a Title V facility, shall, as part of the operating permit application and as required on an annual basis, submit the fees required by this section to the Department. These fees apply to the extension, modification, revision, renewal and reissuance of each operating permit or part thereof.

 (b)  The fee for processing an application for an operating permit is:

   (1)  Five hundred dollars for applications filed during the 1995—1999 calendar years.

   (2)  Six hundred fifteen dollars for applications during the 2000—2004 calendar years.

   (3)  Seven hundred fifty dollars for applications filed during the calendar years beginning in 2005.

 (c)  The annual operating permit administration fee to be paid by a facility identified in subparagraph (iv) of the definition of a Title V facility in §  121.1 (relating to definitions) is:

   (1)  Six hundred fifteen dollars for applications filed during the 2000—2004 calendar years.

   (2)  Seven hundred fifty dollars for applications filed during the years beginning in 2005.

 (a)  The owner or operator of a Title V facility including Title V facilities located in Allegheny County and Philadelphia County, except a facility identified in subparagraph (iv) of the definition of a Title V facility in §  121.1 (relating to definitions), shall pay an annual Title V emission fee of $37 per ton for each ton of a regulated pollutant actually emitted from the facility. The owner or operator will not be required to pay an emission fee for emissions of more than 4,000 tons of each regulated pollutant from the facility. Sources located in Philadelphia County and Allegheny County shall pay the emission fee to the county program if the county Title V program has received approval under section 12 of the act (35 P. S. §  4012) and §  127.706 (relating to Philadelphia County and Allegheny County financial assistance).

 (b)  From November 26, 1994, through 1999, the owner or operator of a phase I affected unit or an active substitution unit as defined by Title IV of the Clean Air Act (42 U.S.C.A. § §  7641 and 7642) shall pay an annual emission fee of $14 per ton for each ton of a regulated pollutant actually emitted from the unit. The owner or operator will not be required to pay an emission fee for emissions of more than 4,000 tons of each regulated pollutant from the facility. Sources located in Philadelphia County and Allegheny County shall pay the emission fee to the county program if the county Title V program has received approval under section 12 of the act (35 P. S. §  4012), and §  127.706. Beginning in the year 2000, sources covered by this subsection shall pay the fees established in subsection (a). The other provisions of this subsection notwithstanding, the owner or operator of a phase I affected unit or an active substitution unit as defined by Title IV of the Clean Air Act will not be required to pay more than $148,000 plus the increase established by subsection (e) for each regulated pollutant emitted from a Title V facility. Substitution units identified as conditional substitution units by the owner or operator shall pay the emission fee established by subsection (a).

 (c)  The emissions fees required by this section shall be due on or before September 1 of each year for emissions from the previous calendar year. The fees required by this section shall be paid for emissions occurring in calendar year 1994 and for each calendar year thereafter.

 (d)  As used in this section, the term ‘‘regulated pollutant’’ means a VOC, each pollutant regulated under sections 111 and 112 of the Clean Air Act (42 U.S.C.A. § §  7411 and 7412) and each pollutant for which a National ambient air quality standard has been promulgated, except that carbon monoxide shall be excluded from this reference.

 (e)  The emission fee imposed under subsection (a) shall be increased in each year after November 26, 1994, by the percentage, if any, by which the Consumer Price Index for the most recent calendar year exceeds the Consumer Price Index for the previous calendar year. For purposes of this subsection:

   (1)  The Consumer Price Index for a calendar year is the average of the Consumer Price Index for All-Urban Consumers, published by the United States Department of Labor, as of the close of the 12-month period ending on August 31 of each calendar year.

 (a)  Philadelphia and Allegheny Counties shall submit their local air pollution control program including Title V operating permit program implementation plan to the Department for review and approval. The plan shall include the elements necessary for approval of a Title V program under the Clean Air Act and shall be consistent with the Department’s regulations for implementation of the air pollution control program including Title V operating permit program.

 (b)  On an annual basis according to a schedule established by the Department, Philadelphia County and Allegheny County shall submit a description of the implementation of the local air pollution control program including the Title V operating permit program in the county along with a detailed accounting of the costs of implementation.

 (c)  On an annual basis according to a schedule established by the Department, the Department may provide payment of a portion of the Title V emission fees collected by the Department as necessary, appropriate and available to Philadelphia and Allegheny Counties to assist in implementation of the Title V operating permit program in the counties. The Department may withhold this financial assistance if the county has not implemented the Title V program in the manner required by this section.

 (d)  The fees imposed by Philadelphia and Allegheny Counties shall be deposited in a restricted account established by the governing body authorizing the local program for use by that program to implement the provisions of the act for which they are responsible. The governing body shall annually submit to the Department an audit of the account in order to insure that the funds were properly spent.

   An air contamination source that fails to pay the fees within the time frame established by the act or by this chapter shall pay a penalty of 50% of the fee amount, plus interest on the fee amount computed in accordance with 26 U.S.C.A. §  6621(a)(2) (relating to determination of rate of interest) from the date the fee was required to be paid. In addition, the source may have its operating permit terminated or suspended. The fee, penalty and interest may be collected following the process for assessment and collection of a civil penalty contained in section 9.1 of the act (35 P. S. §  4009.1).