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

Higher air permit fees for Delaware facilities

Beginning January 1, 2027, Delaware continues annual air permit fees for covered industrial facilities and utilities through 2029. Fees fund permits, air monitoring, enforcement, and small-business compliance help. Base fees range from $5,700 to $277,020, based on department staff hours during 2021–2025. Emissions-based user fees range from $3,950 to $350,000, using the 2023 state emissions inventory. They count nitrogen oxides, PM10 particles, sulfur dioxide, and volatile organic compounds, but exclude carbon monoxide and PM2.5 particles. Combined base and user fees determine one of seven program-fee categories. Program fees rise fivefold, ranging from $2,500 to $31,250; facilities with combined fees above $125,000 pay $31,250. Facilities newly covered after December 31, 2026, have fees based on estimated staff hours, applicable rules, and permitted emissions. Annual increases cannot exceed the prior year's federal Consumer Price Index and require advisory committee review and approval. Payment is due June 30, with written approval needed for installments on March 31 and June 30. Overdue fees carry 2% compound monthly interest, and nonpayment can lead to permit revocation after required notice. The department must report delinquent accounts annually; the advisory committee reviews annual reports, fee changes, and proposed staffing changes. Fee collection authority ends after December 31, 2029, unless the General Assembly renews it.