Provide authority for Title V regulations (language only)

Item 365 #1h

Language
Page 272, line 22, strike "B." and insert "B.1."
Page 272, after line 31, insert:
“2. All of the permit program emissions fees collected by the State Air Pollution Control Board pursuant to § 10.1-1322, Code of Virginia, shall be assessed and collected on an annual basis notwithstanding the provisions of that section.  In addition to the permit program emissions fees collected by the State Air Pollution Control Board pursuant to § 10.1-1322, Code of Virginia, the State Air Pollution Control Board shall adopt regulations establishing permit application processing fees and permit maintenance fees sufficient to ensure that the total revenues collected from fees cover a portion of the total direct and indirect costs of the program consistent with the requirements of Title V of the Clean Air Act.   Notwithstanding the provisions of § 10.1-1322, the permit application fees collected pursuant to this paragraph shall not be credited towards the amount of annual fees owed pursuant to § 10.1-1322.
3. The regulations adopted by the State Air Pollution Control Board to initially implement the provisions of this item shall be exempt from Chapter 40 of Title 2.2, Code of Virginia, and shall become effective no later than July 1, 2012.  Thereafter, any amendments to the fee schedule described by these acts shall not be exempted from Chapter 40 of Title 2.2, Code of Virginia.”

Explanation
(This amendment authorizes the Department of Environmental Quality (DEQ) to enact regulations that assess charges related to the Title V program. Without this language, DEQ will be unable to assess and collect revenue needed to support the administration of the Title V program, thereby risking Virginia's control over the program.)