Bill Text: DE HB186 | 2011-2012 | 146th General Assembly | Draft

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Bill Title: An Act To Amend Title 7 Of The Delaware Code Relating To The Clean Air Act Title V Operating Permit Program.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Passed) 2011-07-13 - Signed by Governor [HB186 Detail]

Download: Delaware-2011-HB186-Draft.html

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SPONSOR:	Rep. Q. Johnson & Sen. McBride
	Reps. Barbieri, Bolden, Brady, Heffernan, Mitchell, Viola

HOUSE OF REPRESENTATIVES

146th GENERAL ASSEMBLY

HOUSE BILL NO. 186

AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO THE CLEAN AIR ACT TITLE V OPERATING PERMIT PROGRAM.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three-fifths of all members elected to each house thereof concurring therein):

Section 1.Amend §6097(b), Title 7 of the Delaware Code by deleting the "}" symbol in the second sentence of this subsection.

Section 2.Amend §6097(c), Title 7 of the Delaware Code in the first sentence by deleting the years "2009, 2010, and 2011" and substituting in lieu thereof "2012, 2013, and 2014".

Section 3.Amend §6097(c), Title 7 of the Delaware Code in the third sentence by deleting the year "2005" and substituting in lieu thereof "2008".

Section 4.Amend §6097(c), Title 7 of the Delaware Code in the third sentence by deleting the date "December 31, 2008" and substituting in lieu thereof "December 31, 2011".

Section 5.Amend §6097(d), Title 7 of the Delaware Code by deleting the second paragraph of this subsection, and the categories listed, and substituting in lieu thereof the following:

"In calendar years 2012, 2013, and 2014 the Department will place each subject source into 1 of the following 11 categories:

Category A Greater than 6,000 hours will pay $243,000

Category B from 5,001 to 6,000 hours will pay $95,000

Category C from 4,001 to 5,000 hours will pay $82,000

Category D from 3,001 to 4,000 hours will pay $71,000

Category E from 2,001 to 3,000 hours will pay $50,000

Category F from 1,501 to 2,000 hours will pay $37,000

Category G from 1,001 to 1,500 hours will pay $25,000

Category H from 667 to 1,000 hours will pay $16,000

Category I from 334 to 666 hours will pay $8,000

Category J from 0 to 333 hours will pay $5,000

Category K New sources that have applied for a permit after January 1, 2011 will pay $6,000."

Section 6.Amend §6097(d), Title 7 of the Delaware Code in the last sentence of this subsection by deleting the date "December 31, 2011" and substituting in lieu thereof "December 31, 2014".

Section 7.Amend§6097(e), Title 7 of the Delaware Codein the second sentence by deleting the parenthetical formula "(PM/2/i.5)" and substituting in lieu thereof "(PM2.5)".

Section 8.Amend§6097(e), Title 7 of the Delaware Code in the second sentence by deleting the year "2005" and substituting in lieu thereof "2008".

Section 9.Amend §6097(e), Title 7 of the Delaware Code by deleting the second paragraph of this subsection in its entirety and substituting in lieu thereof the following:

"In calendar years 2012, 2013, and 2014 the Department will place each subject source into 1 of the following 9 categories:

Category 1 Greater than 2,000 tons will pay $175,000

Category 2 from 1,001 to 2,000 tons will pay $50,000

Category 3 from 501 to 1,000 tons will pay $30,000

Category 4 from 201 to 500 tons will pay $14,000

Category 5 from 101 to 200 tons will pay $6,000

Category 6 from 51 to 100 tons will pay $4,500

Category 7 from 26 to 50 tons will pay $3,000

Category 8 from 0 to 25 tons will pay $2,000

Category 9 New sources that have applied for a permit after January 1, 2011 will pay $3,000."

Section 10.Amend §6097(f), Title 7 of the Delaware Code in the first sentence by deleting the year "2005" and substituting in lieu thereof "2008".

Section 11.Amend §6097(f), Title 7 of the Delaware Code in the first sentence by deleting the date"December 31, 2008" and substituting in lieu thereof "December 31, 2011".

Section 12.Amend §6097(g), Title 7 of the Delaware Code by inserting at the end of the subsection the following:

"The Department shall consult with the Title V Operating Permit Program Advisory Committee prior to any proposed increase to the complement of full-time equivalent employees funded in whole or in part by the Program.".

Section 13.Amend §6097(g), Title 7 of the Delaware Code by deleting the date "December 31, 2011" and substituting in lieu thereof "December 31, 2014".

Section 14.Amend §6097, Title 7 of the Delaware Code by adding a new subsection (h) after the current subsection (g) and relettering the subsequent subsections accordingly, with the new subsection to read as follows:

"(h) Annual fees must be paid in full by the end of each calendar year 2012, 2013 and 2014.Any delinquent subject source shall be subject to a 2% compounding monthly interest rate for each month overdue.Subject sources delinquent for more than one year may be subject to permit cancellation.".

Section 15.Amend §6097, Title 7 of the Delaware Code by adding a new subsection (l) to read as follows:

"(l) The Program shall be reviewed by an independent third party, to be approved by the committee established pursuant to §6099 of this title. This review shall not be funded from the fees collected under the Program.".

Section 16.Amend §6099, Title 7 of the Delaware Code by deleting the last sentence in its entirety.

SYNOPSIS

This legislation reauthorizes the Clean Air Act Title V Operating Program by extending the program until December 31, 2014. The program oversees the state's largest manufacturing, industrial and commercial sources of air emissions. By law the program sunsets every three years and is subject to review by the Title V Operating Permit Program Advisory Committee. The legislation maintains permit fees for the next three years at the same level as they were during the period 2008 through 2011. The legislation also corrects typographical errors, updates the calendar years covered by the statute and adjusts the categories of emission sources.