CHAPTER 30
FEES
567—30.1(455B) Purpose. This chapter sets forth requirements to pay fees for specified activities. Rule 567—30.1(455B) adds definitions for this chapter, a duty to correct errors, and an exemption to fee requirements for administrative amendments. Rule 567—30.2(455B) sets forth the requirements for applicants to submit fees for specified activities associated with new source review in 567—Chapter 22, 567—Chapter 31 and 567—Chapter 33. Rule 567—30.3(455B) contains requirements for the submission of demolition and renovation notification fees for the asbestos emission standard for hazardous air pollutants listed in 567—paragraph 23.1(3)“a.” Rule 567—30.4(455B) sets forth the requirements for applicants to submit fees for specified activities associated with the Title V program found in 567—Chapter 22. Rule 567—30.5(455B) sets forth the requirement to convene fee advisory groups. Rule 567—30.6(455B) details the process by which fee levels shall be established, lists the types of fees and the dollar caps on the fee types that the commission may set, and establishes the mechanism for notification of the fee schedule. Rule 567—30.7(455B) details how fee revenues may be expended and specifies the calculated estimate of maximum fee revenues.
The department shall not initiate review and processing of an application submittal from a minor source until all required fees have been paid to the department. Fees are nonrefundable, except as provided in subrule 30.1(4).
	30.1(1) Definitions. For purposes of this chapter, the following definitions shall apply:
“Application submittal” means one or more applications required under rule 567—22.1(455B) and submitted at the same time or required to be submitted under rule 567—22.4(455B), rule 567—22.5(455B), 567—Chapter 31 or 567—Chapter 33.
“Major source” means a “major source” as defined in rule 567—22.100(455B).
“Minor source” means any stationary source not included in the definition of “major source” as defined in rule 567—22.100(455B).
“Regulated air pollutant” means “regulated air pollutant or contaminant (for fee calculation)” as defined in rule 567—22.100(455B).
	30.1(2) Duty to correct errors. If an owner or operator, or the department, finds an error in a fee assessed or collected under this chapter, the owner or operator shall submit to the department revised forms making the necessary corrections to the fee and shall submit the correct fee. Corrected forms shall be submitted as soon as possible after the error is discovered or upon notification by the department. If the error correction results in a determination by the department that a fee was overpaid or that a duplicate fee was submitted, the department will return the overpaid balance of the fee to the applicant.
	30.1(3) Exemption to fee requirements for administrative amendments. A fee shall not be required for any of the following:
	a. 	Corrections of typographical errors;
	b. 	Corrections of word processing errors;
	c. 	Changes in the name, address, or telephone number of any person identified in a permit, or similar minor administrative changes at the source;
	d. 	Changes in ownership or operational control of a source where the department determines that no other change in the permit is necessary, provided that a written agreement that contains a specific date for transfer of permit responsibility, coverage, and liability between the current permittee and the new permittee has been submitted to the department.
	30.1(4) Refund of application fee minus administrative cost for permit applications at minor sources. The department may refund the application fee minus administrative costs if the owner or operator requests to withdraw the application prior to commencement of the technical review of the application.
[ARC 2352C, IAB 1/6/16, effective 12/16/15]
567—30.2(455B) Fees associated with new source review applications. Beginning on January 15, 2016, each owner or operator required to provide an application submittal, including air quality modeling as applicable; registration; permit by rule; and template under 567—subrule 22.1(1), rule 567—22.4(455B), rule 567—22.5(455B), rule 567—22.8(455B), rule 567—22.10(455B), 567—Chapter 31 or 567—Chapter 33, shall pay fees as specified in the fee schedule approved by the commission and posted on the department’s Web site. Fees shall be submitted with forms supplied by the department.
	30.2(1) Payment of regulatory applicability determination fee. Beginning on January 15, 2016, each owner or operator requesting a regulatory applicability determination, as specified in 567—paragraph 22.1(3)“a,” shall pay fees as specified in the fee schedule approved by the commission and posted on the department’s Web site. Fees shall be submitted with forms provided by the department.
	30.2(2) Reserved.
[ARC 2352C, IAB 1/6/16, effective 12/16/15]
567—30.3(455B) Fees associated with asbestos demolition or renovation notification.
	30.3(1) Payment of fees established. Beginning on January 15, 2016, the owner or operator of a site subject to the national emission standard for hazardous air pollutants (NESHAP) for asbestos notifications, adopted by reference in 567—paragraph 23.1(3)“a,” shall submit a fee with each required original or each annual notification for each demolition or renovation, including abatement. Fees shall be paid as specified in the fee schedule approved by the commission and posted on the department’s Web site. Fees shall be submitted with the notification forms provided by the department.
	30.3(2) Fee not required. A fee shall not be required for the following:
	a. 	Notifications when the total amount of asbestos to be removed or disturbed is less than 260 linear feet, less than 160 square feet, and less than 35 cubic feet of facility components and is below the reporting thresholds as defined in 40 CFR 61.145 as amended on January 16, 1991;
	b. 	Notifications of training fires as required in 567—paragraph 23.2(3)“g”;
	c. 	Controlled burning of demolished buildings as required in 567—paragraph 23.2(3)“j”;
	d. 	Revised, canceled, and courtesy notifications. A revision to a previously submitted courtesy notification due to applicability of the notification requirements in 567—paragraph 23.1(3)“a” is considered an original notification and is subject to the fee requirements of subrule 30.3(1).
[ARC 2352C, IAB 1/6/16, effective 12/16/15]
567—30.4(455B) Fees associated with Title V operating permits.
	30.4(1) Payment of Title V application fee. Beginning on January 15, 2016, each owner or operator required to apply for a Title V permit, or a renewal of a Title V permit, shall pay fees as specified in the fee schedule approved by the commission and posted on the department’s Web site. Fees shall be submitted with forms supplied by the department.
	30.4(2) Payment of Title V annual emissions fee.
	a. 	Fee required. Any person required to obtain a Title V permit shall pay an annual fee based on the first 4,000 tons of each regulated air pollutant, beginning on November 15, 1994. Beginning on July 1, 1996, Title V operating permit fees shall be paid on or before July 1 of each year. The Title V emissions fee shall be based on actual emissions required to be included in the Title V operating permit application and the annual emissions statement for the previous calendar year. The commission shall not set the fee higher than $70 per ton without adopting the change pursuant to formal rule making.
	b. 	Fee and documentation due dates. The fee shall be submitted annually by July 1. The fee shall be submitted with a copy of the following forms:
	(1)	Form 1.0, “Facility Identification”;
	(2)	Form 5.0, “Title V Annual Emissions Summary/Fee”; and
	(3)	Part 3, “Application Certification.”
	c. 	Phase I acid rain sources. No fee shall be required to be paid for emissions which occurred during the years 1993 through 1999, inclusive, with respect to any Phase I acid rain affected unit under 42 U.S.C. 7651c.
	d. 	Operation in Iowa. The fee for a portable emissions unit or stationary source which operates both in Iowa and out of state shall be calculated only for emissions from the source while it is operating in Iowa.
	e. 	Title V exempted stationary sources. No fee shall be required for emissions until the year in which sources exempted under 567—subrules 22.102(1) and 22.102(2) are required to apply for a Title V permit. Fees shall be paid for the emission year preceding the year in which the application is due and thereafter.
	f. 	Insignificant activities. No fee shall be required for insignificant activities as defined in rule 567—22.103(455B).
[ARC 2352C, IAB 1/6/16, effective 12/16/15]
567—30.5(455B) Fee advisory groups. Prior to each March commission meeting, the director shall convene fee advisory groups for the purposes of reviewing a draft budget and providing recommendations to the department regarding establishing or adjusting fees. Any stakeholder may attend meetings of the advisory groups. The meetings will be open to the public. The date of each meeting shall be posted on the department’s Web site 14 days prior to the meeting date.
	30.5(1) New source review for major sources fee advisory group. The director shall convene annually a fee advisory group to review the draft budget and major source fees required by rule 567—30.2(455B) and listed in rule 567—30.6(455B). Participants in the advisory group may provide recommendations to the department regarding fees necessary to cover all direct and indirect costs to administer the major source permit program.
	30.5(2) New source review for minor sources fee advisory group. The director shall convene annually a fee advisory group which shall not include major sources as defined in subrule 30.1(1). The fee advisory group will review the draft budget and minor source application fees required in rule 567—30.2(455B) and listed in rule 567—30.6(455B). Participants in the fee advisory group shall include, but may not be limited to, any minor sources and their representatives. The advisory group may provide recommendations to the department regarding fees necessary to cover all direct and indirect costs to administer the minor source permit program.
	30.5(3) Asbestos fee advisory group. The director shall convene annually an asbestos NESHAP fee advisory group to review the draft budget and asbestos notification fee required by rule 567—30.3(455B) and listed in rule 567—30.6(455B). Participants in the advisory group may provide recommendations to the department regarding fees necessary to cover all direct and indirect costs to administer the asbestos NESHAP program.
	30.5(4) Title V fee advisory group. The director shall convene annually a fee advisory group to review the draft budget and Title V emissions and application fees required by rule 567—30.4(455B) and listed in rule 567—30.6(455B). Participants in the advisory group may provide recommendations to the department regarding fees necessary to cover all direct and indirect costs to administer the Title V operating permit program.
[ARC 2352C, IAB 1/6/16, effective 12/16/15]
567—30.6(455B) Process to establish or adjust fees and notification of fee rates.
	30.6(1) Setting the fees. Beginning on January 15, 2016, fees shall be paid as specified in the fee schedule approved by the commission and posted on the department’s Web site. Following the setting of the fee schedule effective January 15, 2016, the department shall submit the proposed budget and fees for major and minor source construction permit programs, the Title V operating permit program, and the asbestos NESHAP program for the following fiscal year to the commission no later than the March commission meeting of each year, at which time the proposal will be available for public comment until such time as the commission acts on the proposal or until the May commission meeting, whichever occurs first. The department’s calculated estimate for each fee shall not produce total revenues in excess of limits specified in Iowa Code sections 455B.133B and 455B.133C during any fiscal year. If an established fee amount must be adjusted, the commission shall set the fees no later than the May commission meeting of each year.
Fees established prior to January 15, 2016, shall become effective on January 15, 2016. In subsequent years, adjusted or established fees shall become effective on July 1. A fee not adjusted by the commission shall remain in effect as previously established until the fee is adjusted by the commission.
	30.6(2) Fee types and dollar caps on fee types. The commission may set fees for the fee types and activities specified in this subrule and shall not set a fee in the fee schedule higher than the levels specified in this subrule without adopting the change pursuant to formal rule making:
	a. 	New source review applications from major sources, which may include:
	(1)	Review of each application for a construction permit: $115 per hour;
	(2)	Review of each application for a prevention of significant deterioration permit: $115 per hour;
	(3)	Review of each plantwide applicability limit request, renewal, or reopening: $115 per hour;
	(4)	Review of each regulatory applicability determination: $115 per hour; and
	(5)	Air quality modeling review: $90 per hour, which may include:
	1.	Reviewing air quality modeling for construction permit application submittal; prevention of significant deterioration application submittal; and nonattainment new source review project application submittal; and
	2.	Conducting air quality modeling for construction permit application submittal.
	b. 	New source review applications from minor sources, which may include:
	(1)	Each application for a construction permit: $385;
	(2)	Each application for a registration permit: $100;
	(3)	Each application for a permit by rule: $100; and
	(4)	Each application for a permit template: $100.
	c. 	Asbestos notifications: $100.
	d. 	Review of each initial or renewal Title V operating permit application: $100 per hour.
	e. 	Title V annual emissions: $70 per ton.
	30.6(3) Notification of fee schedule. Following the initial setting of any fee by the commission, the department shall make available to the public a fee schedule at least 30 days prior to its effective date. If any established fee amount is adjusted, the department shall make available to the public a revised fee schedule at least 30 days prior to its effective date. The fee schedule shall be posted on the department’s Web site.
[ARC 2352C, IAB 1/6/16, effective 12/16/15]
567—30.7(455B) Fee revenue. Each fee program is established to provide revenue for and is limited in use to specific activities.
	30.7(1) New source review application fees from major sources. In accordance with Iowa Code section 455B.133C(5), new source review fee revenues may be used to fund the direct and indirect costs related to reviewing and acting on applications for new source review permits, including permit revisions submitted by major sources as defined under new source review programs pursuant to the federal Act, and as provided under 567—Chapter 22, 567—Chapter 31, and 567—Chapter 33, as follows:
	a. 	Reviewing and acting on any application for a new source review permit, including the determination of all applicable requirements and dispersion modeling as part of the processing of a permit or permit revision or an applicability determination;
	b. 	General administrative costs of administering new source review programs, including supporting and tracking of any application for a new source review permit and related data entry; and
	c. 	Developing and implementing an expedited new source review permit application process, and additional fees associated with this process.
The calculated estimate of total revenues from new source review application fees from major sources shall not exceed $1,500,000 during any state fiscal year.
	30.7(2) New source review application fees from minor sources. In accordance with Iowa Code section 455B.133C(6), minor new source review fee revenues may be used to fund the direct and indirect costs for reviewing and acting on applications submitted by minor air contaminant sources for construction permits and providing for registrations, permits by rule, or template permits in lieu of obtaining construction permits, under minor source new source review programs pursuant to the federal Clean Air Act Amendments of 1990, including as provided under 567—Chapter 22. The calculated estimate of total revenues from new source review application fees from minor sources shall not exceed $250,000 during any state fiscal year.
	30.7(3) Title V emissions. In accordance with Iowa Code section 455B.133B(5), Title V emissions fee revenues may be used to fund the direct and indirect costs related to:
	a. 	General administrative costs of administering the operating permit program, including the supporting and tracking of operating permit applications, compliance certification, and related data entry.
	b. 	Costs of implementing and enforcing the terms of an operating permit, not including any court costs or other costs associated with an enforcement action, including adequate resources to determine which sources are subject to the program.
	c. 	Costs of emissions and ambient site-specific monitors.
	d. 	Costs of Title V source-specific modeling, analyses or demonstrations.
	e. 	Costs of preparing inventories and tracking emissions.
	f. 	Costs of providing direct support to sources under the small business stationary source technical and environmental compliance assistance program as provided in Iowa Code section 455B.133A.
	g. 	Costs associated with implementing and administering regulatory activities, including programs, as provided for in division II of Iowa Code chapter 455B, other than costs covered by any of the following: operating permit application fees, new source review application fees, or notification fees, pursuant to Iowa Code section 455B.133B(5)“d”(2).
The calculated estimate of total revenues from emissions fees shall not exceed $8,250,000 during any state fiscal year.
	30.7(4) Title V applications. In accordance with Iowa Code section 455B.133B(6), Title V application fee revenues may be used to fund the direct and indirect costs related to reviewing and acting on applications for operating permits submitted by major sources as defined in rule 567—22.100(455B) and sources subject to rule 567—22.101(455B), as follows:
	a. 	Costs of reviewing and acting on any application for an operating permit or operating permit revision.
	b. 	General administrative costs of administering the operating permit program, including the supporting and tracking of operating permit applications and related data entry.
The calculated estimate of total revenues from Title V application fees shall not exceed $1,250,000 during any state fiscal year.
	30.7(5) Asbestos notification. Pursuant to Iowa Code section 455B.133C(7), asbestos notification fee revenues may be used to fund the direct and indirect costs related to implementing and administering the asbestos national emission standard for hazardous air pollutants program pursuant to 567—Chapter 23. The calculated estimate of total revenues from asbestos notification fees shall not exceed $450,000 during any state fiscal year.
[ARC 2352C, IAB 1/6/16, effective 12/16/15]
These rules are intended to implement Iowa Code sections 455B.133, 455B.133B and 455B.133C.
[Filed Emergency After Notice ARC 2352C (Notice ARC 2222C, IAB 10/28/15), IAB 1/6/16, effective 12/16/15]