The Cost of Clean Air FEES REVISED: 2011 NACAA Membership Meeting Cleveland, OH October 5, 2011

Budgetary Realities: Legislative appropriations are down Legislative appropriations are down Costs of employee benefits are up Costs of employee benefits are up Total annual operating fees are down Total annual operating fees are down Division work load is up & keeps going up Division work load is up & keeps going up

Budgetary Realities: Legislative appropriations are down: $1.23 million Legislative appropriations are down: $1.23 million Benefits & costs of retention are up: 0.86 million Benefits & costs of retention are up: 0.86 million Total annual operating fees are down: 0.86 million Total annual operating fees are down: 0.86 million Budgetary shortfall $2.95 million Budgetary shortfall $2.95 million

October Fee Proposal October 2010 Council Criteria pollutant fees remained the same Criteria pollutant fees remained the same New hazardous air pollutant fee: Increased fee per ton emissions on HAPs Increased fee per pound emissions for mercury & lead New hazardous air pollutant fee: Increased fee per ton emissions on HAPs Increased fee per pound emissions for mercury & lead New area source component: Unpermitted area sources subject to an air pollution standard: $250 per year New area source component: Unpermitted area sources subject to an air pollution standard: $250 per year New mobile source component: Unpermitted gasoline dispensing facilities subject to CCCCCC: $250-$500-$750 per year based on monthly throughput. Unpermitted gasoline bulk terminals subject to BBBBBB: $500 per year New mobile source component: Unpermitted gasoline dispensing facilities subject to CCCCCC: $250-$500-$750 per year based on monthly throughput. Unpermitted gasoline bulk terminals subject to BBBBBB: $500 per year

October Fee Proposal October 2010 Council: Estimated Funding Totals HAPs/Hg/Pb Fees $ 646,310 HAPs/Hg/Pb Fees $ 646,310 Area Sources 718,750 Area Sources 718,750 Gas Stations 1,500,000 Gas Stations 1,500,000 Gas Distribution Facilities 115,000 Gas Distribution Facilities 115,000 Total $ 2,980,060 Total $ 2,980,060

Revised Fee Proposal January 2011 Council Annual operating fees will stay the same Annual operating fees will stay the same New increased permit applications fees New increased permit applications fees New area source component: New area source component: Unpermitted area sources subject to an air pollution standard: $250 per year Unpermitted area sources subject to an air pollution standard: $250 per year New mobile source component: Unpermitted gasoline dispensing facilities subject to CCCCCC: $250-$500-$750 per year based on monthly throughput. Unpermitted gasoline bulk terminals subject to BBBBBB: $500 per year New mobile source component: Unpermitted gasoline dispensing facilities subject to CCCCCC: $250-$500-$750 per year based on monthly throughput. Unpermitted gasoline bulk terminals subject to BBBBBB: $500 per year

Revised Estimated Funding January 2011 Council Permit Application Fees $ 784,700 Permit Application Fees $ 784,700 Area Sources 718,750 Area Sources 718,750 Gas Stations 1,500,000 Gas Stations 1,500,000 Gas Distribution Facilities 115,000 Gas Distribution Facilities 115,000 Total $ 3,118,450 Total $ 3,118,450

SPECIFICS January 2011 Council Add a new section to Subchapter 5 OAC 252: that addresses area sources Add a new section to Subchapter 5 OAC 252: that addresses area sources Modify Subchapter 7, OAC 252:100-7 Part 2 to increase minor source permit application fees Modify Subchapter 7, OAC 252:100-7 Part 2 to increase minor source permit application fees Modify Subchapter 8, OAC 252:100-9 Part 3 to increase major source permit application fees Modify Subchapter 8, OAC 252:100-9 Part 3 to increase major source permit application fees Include a provision for fee adjustment in Subchapter 5 OAC 252: (d) Include a provision for fee adjustment in Subchapter 5 OAC 252: (d)

SPECIFICS Area & Mobile Source Components January 2011 Council Unpermitted gasoline dispensing facilities: Unpermitted gasoline dispensing facilities: throughout less than 10,000: $250 throughout less than 10,000: $250 throughput 10,000 to 100,000: $500 throughput 10,000 to 100,000: $500 throughput 100,000 or more: $750 throughput 100,000 or more: $750 Unpermitted gasoline distribution facilities bulk terminals & plants & pipeline facilities: $500 Unpermitted gasoline distribution facilities bulk terminals & plants & pipeline facilities: $500 Unpermitted area sources subject to 40 CFR Part 63.2: $250 Unpermitted area sources subject to 40 CFR Part 63.2: $250 Provisions for fee adjustment (in OAC 252: (d)) discount fees if other revenues become available Provisions for fee adjustment (in OAC 252: (d)) discount fees if other revenues become available Add OAC 252: Annual operating fees for area sources of air pollution

SPECIFICS Permit Application Fees January 2011 Council Applicability determination: $250 to $500 Applicability determination: $250 to $500 Construction permit application fees: Construction permit application fees: Permit by rule remains $250 Permit by rule remains $250 General permit or notice of intent goes from $400 to $500 General permit or notice of intent goes from $400 to $500 Individual permit goes from a range of $ $1500 to $2000 Individual permit goes from a range of $ $1500 to $2000 Amendments of individual permits remain at $500 Amendments of individual permits remain at $500 Operating permit application fees: Operating permit application fees: Permit by rule registration stays at $100 Permit by rule registration stays at $100 General permit authorization goes from $150 to $500 General permit authorization goes from $150 to $500 Individual permit goes from $500 to $750 Individual permit goes from $500 to $750 Modification of individual permit from $200 to $750 Modification of individual permit from $200 to $750 Relocation permit $100 to $250 Relocation permit $100 to $250 Modify OAC 252: Permit application fees

SPECIFICS Permit Application Fees January 2011 Council Applicability determination: $250 to $500 Applicability determination: $250 to $500 Construction permit application: Construction permit application: New Part 70 permit source goes from $2000 to $7500 New Part 70 permit source goes from $2000 to $7500 Modification of a Part 70 source goes from $1500 to $5000 Modification of a Part 70 source goes from $1500 to $5000 Authorization under a general permit stays at $900 Authorization under a general permit stays at $900 Operating permit application: Operating permit application: Initial Part 70 permit goes from $2000 to $7500 Initial Part 70 permit goes from $2000 to $7500 Authorization under a general permit stays at $900 Authorization under a general permit stays at $900 Renewal Part 70 permit goes from $1000 to $7500 Renewal Part 70 permit goes from $1000 to $7500 Significant modification of Part 70 permit goes from $1000 to $6000* Significant modification of Part 70 permit goes from $1000 to $6000* Minor modification of a Part 70 permit goes from $500 to $3000* Minor modification of a Part 70 permit goes from $500 to $3000* Part 70 temporary source relocation remains at $500 Part 70 temporary source relocation remains at $500 Modify OAC 252: Permit application fees * new rates amended since rules were published to the web site

Annual operating fees will stay the same Annual operating fees will stay the same New increased permit applications fees New increased permit applications fees New area source component: Unpermitted area sources subject to an air pollution standard: $250 per year New area source component: Unpermitted area sources subject to an air pollution standard: $250 per year New mobile source component: Unpermitted gasoline dispensing facilities subject to CCCCCC: $250-$500-$750 per year based on monthly throughput. Unpermitted gasoline bulk terminals subject to BBBBBB: $500 per year New mobile source component: Unpermitted gasoline dispensing facilities subject to CCCCCC: $250-$500-$750 per year based on monthly throughput. Unpermitted gasoline bulk terminals subject to BBBBBB: $500 per year SPECIFICS Revised Fee Proposal January 2011 Council

Industry Response *Supportive of increased fee but don’t want to pay *Supportive of increased fee but don’t want to pay *OAC 252: (d) provides for adjustments of fees if alternative funding found *OAC 252: (d) provides for adjustments of fees if alternative funding found *Mobile Source lobby engages *Mobile Source lobby engages

WASTE TIRE RECYCLING ACT OF 1989 History

Problem: Traditional means of tire disposal had become illegal or ineffective. Open burning became illegal both under the Clean Air Act and the Solid Waste Disposal Act. Affected municipal solid waste landfills’ ability to take tires because it interfered with their ability to meet new federal and state requirements for daily cover.

Nature of Act: From the beginning, an incentive program funded by a fee on tires sold for the transportation and proper end use of waste tires Purpose of Act: Establish a program to clean up existing tire dumps and prevent the establishment of new dumps Nature of Act: From the beginning, an incentive program funded by a fee on tires sold for the transportation and proper end use of waste tires

Proposed State Legislation 2011 HB 1534 and HB 1939 proposed this session HB 1534 and HB 1939 proposed this session Proposed fee adjustment to help with costs associated with legacy tire dumps Proposed fee adjustment to help with costs associated with legacy tire dumps Define “used” tire as opposed to “waste” tire Define “used” tire as opposed to “waste” tire A “used” tire is not discarded if collected in accordance with the Act A “used” tire is not discarded if collected in accordance with the Act STATUS UPDATE: PASSED THE HOUSE COMMITTEE

New State Legislation HB 1939 HB 1939 Increases tire fee to $2.50 (tires ≤ 19.5 in) Increases tire fee to $2.50 (tires ≤ 19.5 in) Allows for incentive to clean up tire dumps Allows for incentive to clean up tire dumps Allows for percentage of fund to be used for area mobile sources of emissions Allows for percentage of fund to be used for area mobile sources of emissions

Air Quality Mobile Source Fee *28% of $2.50 Tire Fee or $0.70 per tire *28% of $2.50 Tire Fee or $0.70 per tire *Expected to generate between $250,000 and $300,000 per month *Expected to generate between $250,000 and $300,000 per month * August receipt $219,282 * August receipt $219,282 *Fee case passed and signed by Governor as well *Fee case passed and signed by Governor as well * May leave permit fee increase in place to make up for mobile source shortfall * May leave permit fee increase in place to make up for mobile source shortfall