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| If you billing month was.... | You will now receive you bill in... | And payment will be due at the end of... |
| January, February or March | January | February |
| April, May or June | April | May |
| July, August or September | July | August |
| October, November or December | October | November |
Will I continue to be billed both the air license fee and the air toxics fee at the same time?
Yes.
How does the new air toxics fee program differ from the existing one?
The following major changes were made to the air toxics fee program:
How is the new air toxics fee calculated?
Does every facility pay an air toxics fee?
No, a facility must have an air emissions license, emit HAPs above the minimum reporting thresholds in Chapter 137, Appendix A, and, when totaled, have an air quality surcharge greater than $134 (current fee floor, as adjusted by the Consumer Price Index).
Is there a cap on the amount of air toxics fee my facility will be expected to pay?
Yes, the cap – or maximum fee a facility may be charged – has been established at $67,500 and will be adjusted annually by the Consumer Price Index.
Will I see how my air toxics fee is calculated before I receive the invoice?
Yes. A facility will be given an opportunity to review their base year air toxics inventory in a “pre-bill” mailed to facilities about a month before an invoice is generated by the state. Facilities may request changes to their base year inventory until DEP issues the invoice, which will include a final statement of the emissions data used to calculate the surcharge.
Will the Department be sending out “pre-bills” each year for all of the quarters or just during the first billing cycle?
The Department plans to send out “pre-bills” before every quarter for all subsequent years.
After I receive my “pre-bill,” how do I make changes to my base year inventory?
You must submit requested changes in writing (either by mail or email) to DEP. Allowable changes include the use of a different emission factor or stack test results. The base year inventory cannot be modified for equipment, process or other operational changes that occurred after the base year. However, facilities that cease operation and surrender their license will not be billed for an air toxics surcharge.
I stack tested for several HAPs after the base year. Can I use those stack test results to change my base year inventory?
Yes, those results can be used to adjust your reported emission rate(s) if your equipment and processes at the time of the testing are the same as they were during the base year. If a HAP for which you stack tested is not detected, one-half the detection limit of that method will be used to calculate emissions.
If I miss the chance to request changes to my base year inventory following
the pre-bill, can I still request changes after I receive my invoice?
Yes, but the fee for the current year will not be changed for submissions received
after the “pre-bill” submittal deadline. Any changes made after the deadline will become
effective with the next billing cycle.
What is a base year inventory?
The base year inventory is the last, fully quality assured, triennial HAP inventory that was collected by Maine DEP. Currently, 2005 is the base year inventory on which fees will be assessed. The next base year inventory will be the 2008 annual emissions inventory, which will be collected in 2009 and not fully quality assured until early 2010.
If I don’t want to use the base year inventory, can I use the alternate inventory?
No, because allowing an alternate inventory introduces a number of inequities to
the air toxics fee assessment process. The collection of HAP inventory data is a complex
and time-consuming process. Allowing some facilities to change to an alternate year
inventory would likely place an additional burden on those who cannot meet the data
gathering requirements annually or who simply choose not to use an alternate inventory
year. For that reason, the base year inventory will be the one on which fees are billed for
a three-year period.
Facilities with significant process and equipment changes that increase or decrease HAP emissions will be able to demonstrate those changes during the next triennial HAP inventory. Facilities which are newly licensed or which first report emissions under Chapter 137 during a non-HAP inventory year will be waived from paying air toxics fees until the next triennial HAP inventory and the application of that inventory to the fee system.
If I make changes to a base year, must I certify the changes?
Yes. Fees are based upon estimated annual emissions, as maintained in our production database.
Are any changes I make automatically reported to EPA?
Unfortunately, no. Currently, Maine DEP can only submit revised HAP data to EPA during select periods when they are accepting new data. However, Maine DEP expects that process to change in the near future and will inform facilities about these changes when they occur.
Is the air toxics fee subject to the CPI (consumer price index) adjustment as the annual license fee rate is?
Like all air fees, the air toxics fee is subject to annual CPI adjustment.
Besides the CPI adjustment, are there other reasons my air toxics fee may change?
Yes. When the Maine Legislature enacted the new fee law, it allowed the Commissioner of the Department of Environmental Protection to increase the fee rate (up to $4 per 1,000 units) to achieve a minimum revenue threshold. The total fees collected will be assessed annually to determine if the minimum revenue threshold has been met and, if not, the rate will be adjusted as needed. This adjustment will occur annually in November.
My facility does not pay an air toxics fee now. Will I never have to pay one?
Fees are calculated based on Chapter 137. If you did not need to file a HAPs inventory under Chapter 137 for 2005, you will not be billed in 2008 or 2009. If circumstances change and you are required to report HAPs to the DEP based on Chapter 137 in 2008 (or triennially after that), you may be billed.
Who do I contact for changes in my base year inventory?
Any changes in the base year inventory should be communicated to Rich Greves (rich.greves@maine.gov), 207-287-7030.
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