(a)

1. (1) The $/ton factor is sixteen dollars per ton ($16/ton) until September, 1994, after which time it shall be increased annually by the percentage, if any, by which the federal consumer price index exceeds that of the previous year.
2. (2) The Director of the Division of Environmental Quality may, after considering the factors contained in 8 CAR § 12-801, decide not to increase the $/ton factor in a year when the fee fund has a balance greater than one hundred fifty percent (150%) of the amount of money expended from that fund in the previous year.

(b)

1. (1) Tons/year predominant air contaminant is the permitted emission rate of the most predominant air contaminant (other than carbon monoxide, carbon dioxide and methane).
2. (2) The maximum value shall be no greater than four thousand (4,000) tons/year per facility.

(c)

1. (1) Tons/year chargeable emissions is the sum of the permitted emission rates of all air contaminants (other than carbon monoxide, carbon dioxide and methane).
2. (2) The maximum value per air contaminant shall not exceed four thousand (4,000) tons/year per facility.