Okla. Stat. tit. 27A, § 27A-2-5-113: Permit fees - Department of Environmental Quality

Revolving Fund subaccount.

A. Upon the effective date of rules promulgated pursuant to the

Oklahoma Clean Air Act establishing a schedule of permit fees, the

owner or operator of any source required to have a permit shall be

subject to pay to the Department or, upon delegation, the

appropriate city-county authority:

1. A fee sufficient to cover the reasonable cost of reviewing

and acting upon any application for a construction or operating

permit for any new source or for the modification of any existing

source;

2. An annual operating permit fee sufficient to cover the

reasonable costs, both direct and indirect, of implementing and

enforcing the permit program authorized by the Oklahoma Clean Air

Act and the Federal Clean Air Act, including, but not to be limited

to:

a. the costs of reviewing and acting upon any permit

renewal,

b. emissions and ambient monitoring, for those costs

incurred under the permitting program,

c. preparing generally applicable rules or guidance,

d. modeling, monitoring, analyses and demonstrations,

e. preparing inventories and tracking emissions, and

f. inspections and enforcement.

B. The annual operating fee may be imposed in graduated yearly

increases as necessary to cover the above costs, but for any major

source, affected source, or any source, including an area source,

subject to standards or regulations under Section 111 or 112 of the

Federal Clean Air Act, any source required to have a permit under

parts C or D of Title I of the Federal Clean Air Act, or any other

source as may be required to have a permit pursuant to the Federal

Clean Air Act, the fee, beginning January 1, 1993, shall be Ten

Dollars ($10.00) per ton of regulated air contaminant, due and

payable upon receipt of invoice. Thereafter, following rulemaking,

the annual operating fee shall be Twenty-five Dollars ($25.00) per

ton or such amount, either higher or lower, as is determined to

adequately reflect the demonstrated reasonable costs of the

operating permit program. Fees may be based upon the amount of

regulated air contaminant allowed by permit to be emitted, or upon

actual emissions properly determined, or both; provided, however,

that the rate per ton shall be the same whether applied to actual or

to allowable emissions. The applicant shall annually have the

option to elect either actual or allowable emissions as the basis

for calculating the operating fee. For other sources subject to

permitting requirements, fees may be assessed consistent with the

criteria in subsection A of this section. No fee, however, shall be

required for the emission of carbon monoxide and no assessment shall

be made for emissions in excess of four thousand (4,000) tons per

contaminant per year per source, or any group or stationary sources

located within a contiguous area and under common control.

C. The fees authorized in this section shall be set forth by

rule and shall preclude collection of any additional permitting fees

by any other state or local governmental authority for emission of

the same air contaminants. Provided further, in the event that a

particular substance may exhibit the characteristics of more than

one type of regulated air contaminant, and to prevent a double fee

from being assessed, the Department may assign only one single

classification to that particular substance for fee assessment

purposes. For those sources subject to the fee specified in

subsection B of this section, the rule shall further provide for the

annual operating fee to be adjusted automatically each year by the

percentage, if any, by which the Consumer Price Index for the most

recent calendar year ending before the beginning of such year

exceeds the Consumer Price Index for the calendar year 1989. For

the purposes of this subsection:

1. The Consumer Price Index for any calendar year is the

ion, the rule shall further provide for the

annual operating fee to be adjusted automatically each year by the

percentage, if any, by which the Consumer Price Index for the most

recent calendar year ending before the beginning of such year

exceeds the Consumer Price Index for the calendar year 1989. For

the purposes of this subsection:

1. The Consumer Price Index for any calendar year is the

average of the Consumer Price Index for all urban consumers

published by the Department of Labor as of the close of the twelve-

month period ending on August 31 of each calendar year; and

2. The revision of the Consumer Price Index which is the most

consistent with the Consumer Price Index for calendar year 1989

shall be used.

D. Any fee not received by the Department within the prescribed

time period allotted for payment, unless a lesser amount shall be

provided for by rule, shall be subject to a one and one-half percent

(1 1/2%) per month penalty.

E. There is hereby created within the Department of

Environmental Quality Revolving Fund, a subaccount which shall

consist of all permit fees collected by the Department pursuant to

Title V of the federal Clean Air Act as authorized by the Oklahoma

Clean Air Act. All monies accruing to the credit of such subaccount

shall be budgeted and expended by the Department for the sole

purpose of implementing the permit program as set forth in Title V

of the Federal Clean Air Act and the Oklahoma Clean Air Act.