17.8.505    AIR QUALITY OPERATION FEES

(1) An annual air quality operation fee must be submitted to the department by the owner or operator of each facility:

(a) for which a Montana air quality permit has been issued by the department and remains in effect;

(b) for which an air quality operating permit has been issued by the department and remains in effect;

(c) that is a registered oil and gas facility; or

(d) that is a registered sand and gravel, asphalt, and concrete facility.

(2) Pursuant to this rule, fees shall be assessed to the owner or operator of record on the date of billing, for all facilities that meet the description in (1) as of March 1 of the calendar year in which fees are billed.

(3) Air quality permit fee schedules must require owners and operators of all facilities required to obtain a Montana air quality permit or an air quality operating permit to contribute to those department activities funded by air quality permit fees. The department shall attempt to identify all facilities subject to the annual air quality operating fee requirement and shall require payment from the owners or operators of all facilities.

(4) Annually, the department shall provide the owner or operator of each facility required to pay an air quality operation fee with written notice of the amount of the fee and the basis for the fee assessment.

(5) The air quality operation fee is due within 30 days after receipt of the notice, unless the fee assessment is appealed pursuant to ARM 17.8.511. If any portion of the fee is not appealed, that portion of the fee that is not appealed is due within 30 days after receipt of the notice. Any remaining fee that is due after completion of an appeal is due within 30 days after issuance of the board's decision or within 30 days after issuance of the final decision in any judicial review of the board's decision.

(6) If an owner or operator assessed an air quality operation fee fails to pay the required fee (or any required portion of an appealed fee) within 30 days after the due date, the department may impose a late payment charge of 10 percent of the fee (or of any required portion of an appealed fee), plus interest on the fee (or on any required portion of an appealed fee) computed at the interest rate established under 75-2-220(5)(a)(i), MCA.

(7) Except as provided in (8), the air quality operation fee for:

(a) a facility other than a portable facility, registered sand and gravel, asphalt, and concrete facility, or registered oil and gas well facility is:

(i) an administrative fee of $900; and

(ii) a tonnage fee of $44.35 per ton of the actual, or the estimated actual, emissions by the facility during the previous calendar year of PM-10, sulfur dioxide, lead, oxides of nitrogen, and volatile organic compounds.

(b) a portable facility subject to ARM Title 17, chapter 8, subchapter 7 is $800; and

(c) a registered sand and gravel, asphalt, and concrete facility is determined by multiplying total tons produced annually at:

(i) asphalt plants by $0.05;

(ii) crushers/screeners by $0.01; and

(iii) concrete batch plants by $0.05.

(8) If the amount determined under (7)(c) is:

(a) less than $500, the fee is $500; or

(b) greater than $13,000, the fee is $13,000.

(9) The air quality operation fee for registered oil and gas well facilities is $850.

(10) The owner or operator of a facility may not be required to pay more than one administrative fee if the facility is subject to more than one Montana air quality permit issued by the department.

(11) An air quality operation fee is separate and distinct from any air quality permit application fee required to be submitted to the department pursuant to ARM 17.8.504.

(12) Annual assessment and collection of the air quality operation fee will be on a calendar year basis. The department may include conditions in a permit requiring payment of an air quality operation fee on a calendar year basis, including provisions prorating the required fee.

(13) The owner or operator of each facility subject to (1) shall submit to the department, on the date specified by the department, all information necessary to complete an inventory of estimated actual emissions for the preceding calendar year. The department shall notify the owner or operator of the facility of the date by which the information must be submitted. The information submittal date may not be earlier than February 15. 

History: 75-2-111, 75-2-220, 75-2-234, MCA; IMP, 75-2-211, 75-2-220, 75-2-234, MCA; NEW, 1991 MAR p. 2606, Eff. 12/27/91; AMD, 1992 MAR p. 2390, Eff. 10/30/92; AMD, 1993 MAR p. 2531, Eff. 10/29/93; AMD, 1994 MAR p. 3189, Eff. 12/23/94; AMD, 1995 MAR p. 535, Eff. 4/14/95; AMD, 1995 MAR p. 2415, Eff. 11/10/95; TRANS, from DHES, 1996 MAR p. 2285; AMD, 1996 MAR p. 2581, Eff. 10/4/96; AMD, 1997 MAR p. 1585, Eff. 9/9/97; AMD, 1998 MAR p. 2486, Eff. 9/11/98; AMD, 1999 MAR p. 2254, Eff. 10/8/99; AMD, 2000 MAR p. 2697, Eff. 10/6/00; AMD, 2001 MAR p. 2412, Eff. 12/7/01; AMD, 2002 MAR p. 2902, Eff. 10/18/02; AMD, 2003 MAR p. 2271, Eff. 10/17/03; AMD, 2004 MAR p. 2547, Eff. 10/22/04; AMD, 2005 MAR p. 2058, Eff. 10/28/05; AMD, 2006 MAR p. 893, Eff. 4/7/06; AMD, 2006 MAR p. 2410, Eff. 10/6/06; AMD, 2007 MAR p. 1664, Eff. 10/26/07; AMD, 2008 MAR p. 2270, Eff. 10/24/08; AMD, 2009 MAR p. 1785, Eff. 10/16/09; AMD, 2018 MAR p. 2046, Eff. 10/20/18; AMD, 2020 MAR p. 2335, Eff. 12/25/20.