Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

• No statutes or acts will be found at this website.

The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 8238 (December 30, 2023).

Pennsylvania Code



Subchapter I. PLAN APPROVAL AND OPERATING PERMIT FEES


Sec.


127.701.    General provisions.
127.702.    Plan approval fees.
127.703.    Operating permit fees under Subchapter F.
127.704.    Title V operating permit fees under Subchapter G.
127.705.    Emission fees.
127.706.    Philadelphia County and Allegheny County financial assistance.
127.707.    Failure to pay fee.
127.708.    Asbestos abatement or regulated demolition or renovation project notification.
127.709.    Fees for requests for determination.
127.710.    Fees for the use of general plan approvals and general operating permits under Subchapter H.

Source

   The provisions of this Subchapter I adopted November 25, 1994, effective November 26, 1994, 24 Pa.B. 5899, unless otherwise noted.

Cross References

   This subchapter cited in 25 Pa. Code §  127.403 (relating to permitting of sources operating lawfully without a permit; 25 Pa. Code §  127.446 (relating to operating permit duration); 25 Pa. Code §  127.503 (relating to application information); 25 Pa. Code §  127.505 (relating to initial application submittal for Title V facilities); and 25 Pa. Code §  127.512 (relating to operating permit terms and conditions).

§ 127.701. General provisions.

 (a)  This subchapter establishes fees to cover the direct and indirect costs of administering the air pollution control planning process, operating permit pro-gram 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 under this subchapter shall be made payable to the Pennsylvania Clean Air Fund and deposited into the Clean Air Fund established under section 9.2 of the act (35 P. S. §  4009.2).

 (c)  Fees collected under this subchapter to implement the requirements of Title V of the Clean Air Act and the Small Business Stationary Source Technical and Environmental Compliance Assistance, Compliance Advisory Committee and the Office of Small Business Ombudsman shall be made payable to the Pennsylvania Clean Air Fund and deposited into a restricted revenue account within the Clean Air Fund.

Authority

   The provisions of this §  127.701 amended under section 6.3 of the Air Pollution Control Act (35 P.S. §  4006.3).

Source

   The provisions of this §  127.701 amended December 13, 2013, effective December 14, 2013, 43 Pa.B. 7268. Immediately preceding text appears at serial pages (222032) to (222033).

§ 127.702. Plan approval fees.

 (a)  Each applicant for a plan approval shall, as part of the plan approval application, submit the application fees required by this section to the Department. The applicable fees required under subsections (b)—(h) are cumulative.

 (b)  The owner or operator of a source requiring approval under Subchapter B (relating to plan approval requirements) shall pay a fee equal to:

   (1)  One thousand dollars ($1,000) for applications filed during calendar years 2005—2020.

   (2)  Two thousand five hundred dollars ($2,500) for applications filed during calendar years 2021—2025.

   (3)  Three thousand one hundred dollars ($3,100) for applications filed during calendar years 2026—2030.

   (4)  Three thousand nine hundred dollars ($3,900) for applications filed for the calendar years beginning with 2031.

 (c)  The owner or operator of a source requiring approval under Subchapter E (relating to new source review) shall pay a fee equal to:

   (1)  Five thousand three hundred dollars ($5,300) for applications filed during calendar years 2005—2020.

   (2)  Seven thousand five hundred dollars ($7,500) for applications filed during calendar years 2021—2025.

   (3)  Nine thousand four hundred dollars ($9,400) for applications filed during calendar years 2026—2030.

   (4)  Eleven thousand eight hundred dollars ($11,800) for applications filed for the calendar years beginning with 2031.

 (d)  The owner or operator of a source subject to and requiring approval under standards adopted under Chapter 122 (relating to National standards of performance for new stationary sources), Chapter 124 (relating to National emission standards for hazardous air pollutants) or §  127.35(b) (relating to maximum achievable control technology standards for hazardous air pollutants) shall pay the specified fee for each applicable standard up to and including three applicable standards per plan approval application. Applicants that have more than three applicable standards shall pay the fee for a maximum of three standards. The Department’s permitting review will include all applicable standards. The fee for each applicable standard is equal to:

   (1)  One thousand seven hundred dollars ($1,700) for applications filed through calendar year 2020.

   (2)  Two thousand five hundred dollars ($2,500) for applications filed during calendar years 2021—2025.

   (3)  Three thousand one hundred dollars ($3,100) for applications filed during calendar years 2026—2030.

   (4)  Three thousand nine hundred dollars ($3,900) for applications filed for the calendar years beginning with 2031.

 (e)  The owner or operator of a source subject to and requiring approval under §  127.35(c), (d) or (h) shall pay a fee equal to:

   (1)  Eight thousand dollars ($8,000) for applications filed during calendar years 2005—2020.

   (2)  Nine thousand five hundred dollars ($9,500) for applications filed during calendar years 2021—2025.

   (3)  Eleven thousand nine hundred dollars ($11,900) for applications filed during calendar years 2026—2030.

   (4)  Fourteen thousand nine hundred dollars ($14,900) for applications filed for the calendar years beginning with 2031.

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

   (1)  Twenty-two thousand seven hundred dollars ($22,700) for applications filed during calendar years 2005—2020.

   (2)  Thirty-two thousand five hundred dollars ($32,500) for applications filed during calendar years 2021—2025.

   (3)  Forty thousand six hundred dollars ($40,600) for applications filed during calendar years 2026—2030.

   (4)  Fifty thousand eight hundred dollars ($50,800) for applications filed for the calendar years beginning with 2031.

 (g)  The owner or operator of a source that submits a plan approval application for a PAL permit under §  127.218(b) (relating to PALs), to cease a PAL permit under §  127.218(j) or to increase a PAL under §  127.218(l) shall pay a fee equal to:

   (1)  Seven thousand five hundred dollars ($7,500) for applications filed during calendar years 2021—2025.

   (2)  Nine thousand four hundred dollars ($9,400) for applications filed during calendar years 2026—2030.

   (3)  Eleven thousand eight hundred dollars ($11,800) for applications filed for the calendar years beginning with 2031.

 (h)  The owner or operator of a source proposing a PAL under Subchapter D that is not included in an application submitted under subsection (f) or subsection (g) shall pay a fee equal to:

   (1)  Seven thousand five hundred dollars ($7,500) for applications filed during calendar years 2021—2025.

   (2)  Nine thousand four hundred dollars ($9,400) for applications filed during calendar years 2026—2030.

   (3)  Eleven thousand eight hundred dollars ($11,800) for applications filed for the calendar years beginning with 2031.

 (i)  The owner or operator of a source proposing a minor modification of a plan approval, an extension of a plan approval or a transfer of a plan approval shall pay the fee in paragraph (1) or paragraph (2) as applicable.

   (1)  An applicant for a minor modification of a plan approval may not include an increase in emissions, an analysis of the ambient impacts of the source or a reassessment of a control technology determination. The applicant shall do all of the following:

     (i)   Meet the applicable requirements of §  127.44 (relating to public notice).

     (ii)   Pay a fee equal to:

       (A)   Three hundred dollars ($300) for applications filed during calendar years 2005—2020.

       (B)   One thousand five hundred dollars ($1,500) for applications filed during calendar years 2021—2025.

       (C)   One thousand nine hundred dollars ($1,900) for applications filed during calendar years 2026—2030.

       (D)   Two thousand four hundred dollars ($2,400) for applications filed for the calendar years beginning with 2031.

   (2)  An applicant for an extension of a plan approval or a transfer of a plan approval shall pay a fee equal to:

     (i)   Three hundred dollars ($300) for applications filed during calendar years 2005—2020.

     (ii)   Seven hundred fifty dollars ($750) for applications filed during calendar years 2021—2025.

     (iii)   Nine hundred dollars ($900) for applications filed during calendar years 2026—2030.

     (iv)   One thousand one hundred dollars ($1,100) for applications filed for the calendar years beginning with 2031.

   (3)  The fee for an extension of a plan approval will not apply if, through no fault of the applicant, an extension is required.

 (j)  The owner or operator of a source proposing a revision to a plan approval application submitted by the applicant that includes one or more of the following changes after the Department has completed its technical review shall pay the fee in paragraph (1) or paragraph (2) as applicable.

   (1)  For an analysis of the ambient impacts of the source, a fee equal to:

     (i)   Nine thousand dollars ($9,000) for applications filed during calendar years 2021—2025.

     (ii)   Eleven thousand three hundred dollars ($11,300) for applications filed during calendar years 2026—2030.

     (iii)   Fourteen thousand one hundred dollars ($14,100) for applications filed for the calendar years beginning with 2031.

   (2)  For a reassessment of a control technology determination, the applicable fee under subsection (b).

 (k)  The owner or operator of a source applying for a risk assessment shall, as part of the plan approval application, pay the fee in paragraph (1) or paragraph (2) as applicable.

   (1)  For a risk assessment that is inhalation only for all modeling, a fee equal to:

     (i)   Ten thousand dollars ($10,000) for applications filed during calendar years 2021—2025.

     (ii)   Twelve thousand five hundred dollars ($12,500) for applications filed during calendar years 2026—2030.

     (iii)   Fifteen thousand six hundred dollars ($15,600) for applications filed for the calendar years beginning with 2031.

   (2)  For a multipathway risk assessment, a fee equal to:

     (i)   Twenty-five thousand dollars ($25,000) for applications filed during calendar years 2021—2025.

     (ii)   Thirty-one thousand three hundred dollars ($31,300) for applications filed during calendar years 2026—2030.

     (iii)   Thirty-nine thousand one hundred dollars ($39,100) for applications filed for the calendar years beginning with 2031.

Authority

   The provisions of this §  127.702 amended under sections 5(a)(1) and (8) and 6.3 of the Air Pollution Control Act (35 P.S. § §  4005(a)(1) and (8) and 4006.3).

Source

   The provisions of this §  127.702 amended January 15, 2021, effective January 16, 2021, 51 Pa.B. 283. Immediately preceding text appears at serial pages (369719) to (369720).

§ 127.703. Operating permit fees under Subchapter F.

 (a)  Each applicant for an operating permit, which is not for 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.

 (b)  Each applicant subject to subsection (a) shall pay a fee equal to the following, as applicable. These fees apply to the application for a new operating permit and for the renewal and reissuance, modification or administrative amendment of an operating permit or part thereof or to a transfer of an operating permit.

   (1)  For a new operating permit:

     (i)   Three hundred seventy-five dollars ($375) for applications filed during calendar years 2005—2020.

     (ii)   Two thousand five hundred dollars ($2,500) for applications filed during calendar years 2021—2025.

     (iii)   Three thousand one hundred dollars ($3,100) for applications filed during calendar years 2026—2030.

     (iv)   Three thousand nine hundred dollars ($3,900) for applications filed for the calendar years beginning with 2031.

   (2)  For a renewal and reissuance of an operating permit or part thereof:

     (i)   Three hundred seventy-five dollars ($375) for applications filed during calendar years 2005—2020.

     (ii)   Two thousand one hundred dollars ($2,100) for applications filed during calendar years 2021—2025.

     (iii)   Two thousand six hundred dollars ($2,600) for applications filed during calendar years 2026—2030.

     (iv)   Three thousand three hundred dollars ($3,300) for applications filed for the calendar years beginning with 2031.

   (3)  For a minor modification of an operating permit or part thereof:

     (i)   Three hundred seventy-five dollars ($375) for applications filed during calendar years 2005—2020.

     (ii)   One thousand five hundred dollars ($1,500) for applications filed during calendar years 2021—2025.

     (iii)   One thousand nine hundred dollars ($1,900) for applications filed during calendar years 2026—2030.

     (iv)   Two thousand four hundred dollars ($2,400) for applications filed for the calendar years beginning with 2031.

   (4)  For a significant modification of an operating permit or part thereof:

     (i)   Three hundred seventy-five dollars ($375) for applications filed during calendar years 2005—2020.

     (ii)   Two thousand dollars ($2,000) for applications filed during calendar years 2021—2025.

     (iii)   Two thousand five hundred dollars ($2,500) for applications filed during calendar years 2026—2030.

     (iv)   Three thousand one hundred dollars ($3,100) for applications filed for the calendar years beginning with 2031.

   (5)  For an administrative amendment of an operating permit or part thereof or a transfer of an operating permit:

     (i)   Three hundred seventy-five dollars ($375) for applications filed during calendar years 2005—2020.

     (ii)   One thousand five hundred dollars ($1,500) for applications filed during calendar years 2021—2025.

     (iii)   One thousand nine hundred dollars ($1,900) for applications filed during calendar years 2026—2030.

     (iv)   Two thousand four hundred dollars ($2,400) for applications filed for the calendar years beginning with 2031.

 (c)  Each applicant subject to subsection (a) shall pay the annual operating permit administration fee of three hundred seventy-five dollars ($375) through December 31, 2020.

 (d)  Except as specified in paragraph (1), beginning January 16, 2021, each applicant subject to subsection (a) shall pay the annual operating permit maintenance fee in paragraph (2) or paragraph (3) on or before December 31 of each year for the next calendar year.

   (1)  The annual operating permit maintenance fee in paragraph (2) or paragraph (3) for calendar year 2021 is due on or before March 17, 2021.

   (2)  For a synthetic minor facility, a fee equal to:

     (i)   Four thousand dollars ($4,000) for calendar years 2021—2025.

     (ii)   Five thousand dollars ($5,000) for calendar years 2026—2030.

     (iii)   Six thousand three hundred dollars ($6,300) for the calendar years beginning with 2031.

   (3)  For a facility that is not a synthetic minor, a fee equal to:

     (i)   Two thousand dollars ($2,000) for calendar years 2021—2025.

     (ii)   Two thousand five hundred dollars ($2,500) for calendar years 2026—2030.

     (iii)   Three thousand one hundred dollars ($3,100) for the calendar years beginning with 2031.

Authority

   The provisions of this §  127.703 amended under sections 5(a)(1) and (8) and 6.3 of the Air Pollution Control Act (35 P.S. § §  4005(a)(1) and (8) and 4006.3).

Source

   The provisions of this §  127.703 amended January 15, 2021, effective January 16, 2021, 51 Pa.B. 283. Immediately preceding text appears at serial page (369721).

§ 127.704. Title V operating permit fees under Subchapter G.

 (a)  Each applicant for an operating permit, which is for 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.

 (b)  Each applicant subject to subsection (a) shall pay a fee equal to the following, as applicable. These fees apply to the application for a new operating permit and for the renewal and reissuance, modification or administrative amendment of an operating permit or part thereof or a transfer of an operating permit.

   (1)  For a new operating permit:

     (i)   Seven hundred fifty dollars ($750) for applications filed during calendar years 2005—2020.

     (ii)   Five thousand dollars ($5,000) for applications filed during calendar years 2021—2025.

     (iii)   Six thousand three hundred dollars ($6,300) for applications filed during calendar years 2026—2030.

     (iv)   Seven thousand nine hundred dollars ($7,900) for applications filed for the calendar years beginning with 2031.

   (2)  For a renewal and reissuance of an operating permit or part thereof:

     (i)   Seven hundred fifty dollars ($750) for applications filed during calendar years 2005—2020.

     (ii)   Four thousand dollars ($4,000) for applications filed during calendar years 2021—2025.

     (iii)   Five thousand dollars ($5,000) for applications filed during calendar years 2026—2030.

     (iv)   Six thousand three hundred dollars ($6,300) for applications filed for the calendar years beginning with 2031.

   (3)  For a minor modification of an operating permit or part thereof:

     (i)   Seven hundred fifty dollars ($750) for applications filed during calendar years 2005—2020.

     (ii)   One thousand five hundred dollars ($1,500) for applications filed during calendar years 2021—2025.

     (iii)   One thousand nine hundred dollars ($1,900) for applications filed during calendar years 2026—2030.

     (iv)   Two thousand four hundred dollars ($2,400) for applications filed for the calendar years beginning with 2031.

   (4)  For a significant modification of an operating permit or part thereof:

     (i)   Seven hundred fifty dollars ($750) for applications filed during calendar years 2005—2020.

     (ii)   Four thousand dollars ($4,000) for applications filed during calendar years 2021—2025.

     (iii)   Five thousand dollars ($5,000) for applications filed during calendar years 2026—2030.

     (iv)   Six thousand three hundred dollars ($6,300) for applications filed for the calendar years beginning with 2031.

   (5)  For an administrative amendment of an operating permit or part thereof or a transfer of an operating permit:

     (i)   Seven hundred fifty dollars ($750) for applications filed during calendar years 2005—2020.

     (ii)   One thousand five hundred dollars ($1,500) for applications filed during calendar years 2021—2025.

     (iii)   One thousand nine hundred dollars ($1,900) for applications filed during calendar years 2026—2030.

     (iv)   Two thousand four hundred dollars ($2,400) for applications filed for the calendar years beginning with 2031.

 (c)  Each applicant subject to subsection (a) that is the owner or operator of a facility identified in subparagraph (iv) of the definition of Title V facility in §  121.1 (relating to definitions) shall pay the annual operating permit administration fee of seven hundred fifty dollars ($750) through December 31, 2020.

 (d)  Except as specified in paragraph (1), beginning January 16, 2021, each applicant subject to subsection (a) shall pay the annual operating permit maintenance fee in paragraph (2), paragraph (3) or paragraph (4) on or before December 31 of each year for the next calendar year.

   (1)  The annual operating permit maintenance fee in paragraph (2) for calendar year 2021 is due on or before March 17, 2021.

   (2)  Eight thousand dollars ($8,000) for calendar years 2021—2025.

   (3)  Ten thousand dollars ($10,000) for calendar years 2026—2030.

   (4)  Twelve thousand five hundred dollars ($12,500) for the calendar years beginning with 2031.

 (e)  The owner or operator of a source that submits an application for a PAL permit under §  127.218(b) (relating to PALs), to cease a PAL permit under §  127.218(j) or to increase a PAL under §  127.218(l) shall pay a fee equal to:

   (1)  Ten thousand dollars ($10,000) for applications filed during calendar years 2021—2025.

   (2)  Twelve thousand five hundred dollars ($12,500) for applications filed during calendar years 2026—2030.

   (3)  Fifteen thousand six hundred dollars ($15,600) for applications filed for the calendar years beginning with 2031.

 (f)  The owner or operator of a source proposing a PAL under Subchapter D (relating to prevention of significant deterioration of air quality) that is not included in an application submitted under subsection (e) shall pay a fee equal to:

   (1)  Ten thousand dollars ($10,000) for applications filed during calendar years 2021—2025.

   (2)  Twelve thousand five hundred dollars ($12,500) for applications filed during calendar years 2026—2030.

   (3)  Fifteen thousand six hundred dollars ($15,600) for applications filed for the calendar years beginning with 2031.

Authority

   The provisions of this §  127.704 amended under sections 5(a)(1) and (8) and 6.3 of the Air Pollution Control Act (35 P.S. § §  4005(a)(1) and (8) and 4006.3).

Source

   The provisions of this §  127.704 amended January 15, 2021, effective January 16, 2021, 51 Pa.B. 283. Immediately preceding text appears at serial pages (369721) to (369722).

§ 127.705. Emission fees.

 (a)  The owner or operator of a Title V facility including a Title V facility located in Philadelphia County or Allegheny 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 $85 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. The owner or operator of a Title V facility located in Philadelphia County or Allegheny County shall pay the emission fee to the county Title V program approved by the Department under section 12 of the act (35 P.S. §  4012) and §  127.706 (relating to Philadelphia County and Allegheny County financial assistance).

 (b)  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 2013 and for each calendar year thereafter.

 (c)  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.

 (d)  The emission fee imposed under subsection (a) shall be increased in each calendar year after December 14, 2013, 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.

 (e)  For purposes of subsection (d):

   (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.

   (2)  The revision of the Consumer Price Index which is most consistent with the Consumer Price Index for calendar year 1989 shall be used.

Authority

   The provisions of this §  127.705 amended under sections 5(a)(1) and (8) and 6.3 of the Air Pollution Control Act (35 P.S. § §  4005(a)(1) and (8) and 4006.3).

Source

   The provisions of this §  127.705 amended December 13, 2013, effective December 14, 2013, 43 Pa.B. 7268; amended January 15, 2021, effective January 16, 2021, 51 Pa.B. 283. Immediately preceding text appears at serial pages (369722) to (369723).

§ 127.706. Philadelphia County and Allegheny County financial assistance.

 (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.

Cross References

   This section cited in 25 Pa. Code §  127.705 (relating to emission fees).

§ 127.707. Failure to pay fee.

 

   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).

§ 127.708. Asbestos abatement or regulated demolition or renovation project notification.

 (a)  An owner or operator of an asbestos abatement or regulated demolition or renovation project that is subject to 40 CFR Part 61, Subpart M (relating to National emission standard for asbestos) or the Asbestos Occupations Accreditation and Certification Act (Act 1990-194) (63 P.S. § §  2101—2112) and which is not located in Philadelphia County or Allegheny County shall submit to the Department with the required notification form a fee equal to:

   (1)  Three hundred dollars ($300) for forms filed during calendar years 2021—2025.

   (2)  Four hundred dollars ($400) for forms filed during calendar years 2026—2030.

   (3)  Five hundred dollars ($500) for forms filed for the calendar years beginning with 2031.

 (b)  The Department will waive the fee for a subsequent notification form submitted for the asbestos abatement or regulated demolition or renovation project.

Authority

   The provisions of this §  127.708 issued under sections 5(a)(1) and (8) and 6.3 of the Air Pollution Control Act (35 P.S. § §  4005(a)(1) and (8) and 4006.3).

Source

   The provisions of this §  127.708 adopted January 15, 2021, effective January 16, 2021, 51 Pa.B. 283.

§ 127.709. Fees for requests for determination.

 The owner or operator of a source subject to this chapter that submits a request for determination under §  127.14 (relating to exemptions) for a plan approval, an operating permit or for both a plan approval and an operating permit shall pay the applicable fee specified in paragraph (1) or paragraph (2):

   (1)  The owner or operator of a source that meets the definition of small business stationary source set forth in section 3 of the act (35 P.S. §  4003) shall pay a fee equal to:

     (i)   Four hundred dollars ($400) for requests for determination filed during calendar years 2021—2025.

     (ii)   Five hundred dollars ($500) for requests for determination filed during calendar years 2026—2030.

     (iii)   Six hundred dollars ($600) for requests for determination filed for the calendar years beginning with 2031.

   (2)  The owner or operator of a source that does not meet the criterion in paragraph (1) shall pay a fee equal to:

     (i)   Six hundred dollars ($600) for requests for determination filed during calendar years 2021—2025.

     (ii)   Eight hundred dollars ($800) for requests for determination filed during calendar years 2026—2030.

     (iii)   One thousand dollars ($1,000) for requests for determination filed for the calendar years beginning with 2031.

Authority

   The provisions of this §  127.709 issued under sections 5(a)(1) and (8) and 6.3 of the Air Pollution Control Act (35 P.S. § §  4005(a)(1) and (8) and 4006.3).

Source

   The provisions of this §  127.709 adopted January 15, 2021, effective January 16, 2021, 51 Pa.B. 283.

§ 127.710. Fees for the use of general plan approvals and general operating permits under Subchapter H.

 The Department may establish application fees for the use of general plan approvals and general operating permits under Subchapter H (relating to general plan approvals and operating permits) for stationary or portable sources. These application fees will be established when the general plan approval or general operating permit is issued or modified by the Department. These application fees will be published in the Pennsylvania Bulletin as provided in § §  127.612 and 127.632 (relating to public notice and review period).

Authority

   The provisions of this §  127.710 issued under sections 5(a)(1) and (8) and 6.3 of the Air Pollution Control Act (35 P.S. § §  4005(a)(1) and (8) and 4006.3).

Source

   The provisions of this §  127.710 adopted January 15, 2021, effective January 16, 2021, 51 Pa.B. 283.



No part of the information on this site may be reproduced for profit or sold for profit.


This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.