§ 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).
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