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Annual fee structure for Title V Sources required to have an air permit

The following information describes the annual air pollution fee structure for facilities with federally required Title V air operation permits. The full annual fee applies to any partial year during which a facility is required to have a Title V operation permit. The fees are collected in the current year based on actual emissions reported for the previous calendar year. There is a separate fee structure for non-Title V sources.

    In addition to the per ton fee, all Title V sources pay a base emission fee. The source’s total emissions determine the base emissions fee.

    Additional fees apply to facilities subject to the following federal regulatory programs.

    1. Maximum achievable control technology (MACT);
    2. New source performance standards (NSPS);
    3. Prevention of significant deterioration or nonattainment area new source review (PSD/NAA NSR); and
    4. Nonpublic coal-fired electric generating unit (EGU).

    Total fees for a Title V source can be estimated by adding the base fee to all other applicable category-based fees described in the individual tabs below.

    graphic illustrating fee calculations

    Facilities required to have a Title V permit during any part of a calendar year are charged for the full year and not prorated. Facilities closed prior to Dec. 31 of the previous calendar year, that met the applicability requirements of these fees for any portion of that year must pay the full fee. Facilities that met the applicability requirements of these fees for any portion of that year, but by the end of year were issued a non-Title V operation permit or otherwise found to be exempt will not have to pay the Title V source fees since they no longer need a Title V permit. Nonetheless, unless exempt, the business would then be subject to non-Title V source fees instead.

    Base fee

    Base fee

    All Title V facilities pay a base fee. The minimum base fee is $900 for facilities with total actual emissions in the range of zero to 10 tons. There are five fee ranges (see the statutory language below). The base fee increases depending on the actual annual emissions up to a fee of $3,000 for total emissions over 80 tons.

    This fee is assessed based on the total tonnage of emissions for the previous calendar year and is assessed even if individual pollutant emissions are not assessed a per ton fee. For example, if the facility actually emits 11 total tons of criteria pollutants but reports zero actual emissions in the DNR emissions inventory (because the amount emitted of each pollutant is below the respective ch. NR 438, Wis. Adm. Code reporting threshold), the facility will be billed a base fee of $900. In determining a per ton fee:

    1. Hazardous air pollutant (HAP) billable emissions are not double counted. For example, arsenic is not billed as an HAP and a particulate;
    2. Facility emissions are actual emissions for the previous calendar year; and
    3. All the billable pollutants are listed in Table 1 of ch. NR 438.03, Wis. Adm. Code [PDF exit DNR]. [Note: Table 1 also includes pollutants that are not billable].
    Statutory language

    s. 285.69(2e), Wis. Stats. [exit DNR]

    Per ton fee

    Per ton fee

    In addition to a base fee and other fees (MACT, NSPS, PSD/NAA NSR and EGU), a Title V source may be required to pay fees of $35.71 per ton for air pollutants identified by the DNR.

    Fees are collected on a per ton basis for the actual annual reported emissions for the previous calendar year of air pollutants identified by the DNR in administrative rules (ch. NR 438, Wis. Adm. Code).

    Fee applicability includes the following:

    1. Hazardous air pollutant (HAP) billable emissions are not double counted. For example, arsenic is not billed as an HAP and a particulate;
    2. Facility emissions are actual emissions for the previous calendar year;
    3. All billable pollutants are listed in Table 1 of ch. NR 438.03, Wis. Adm. Code [PDF exit DNR]. Note: Table 1 also includes pollutants that are not billable;
    4. Actual emissions of any billable pollutant are billed per ton up to 5,000 tons. Any emissions in excess of 5,000 tons per pollutant may not be charged per ton fees; and
    5. The department will not bill the per ton fees whenever the total actual emissions of all billable pollutants are less than 5 tons for the previous calendar year.
    Statutory language

    s. 285.69(2), Wis. Stats. [exit DNR]

    MACT fee

    MACT fee

    In addition to a base fee, any applicable per ton fees and additional fees (NSPS, PSD/NAA NSR and EGU), a Title V source subject to a maximum achievable control technology (MACT) for any portion of of the previous calendar year will be subject to the MACT fee of $960.

    Sources affected by area source standards (GACT) or spills (prevention of accidental release) requirements do not pay the MACT fee.

    Fee applicability includes the following:

    1. MACT can apply to specific devices. If a facility has a device that is subject to MACT, then the facility will be considered to be an MACT source and must pay the MACT fee;
    2. The MACT fee is applied once per billing cycle regardless of the number of MACTs that apply or devices that MACT applies to; and
    3. The date that a stationary source becomes subject to "maximum achievable control technology source" for the MACT fee is the date the federal rule was promulgated. That is the date when the workload for the DNR for that rule begins. If a source is subsequently issued permit limitations to avoid applicability to that MACT rule, then that source will no longer be required to pay the MACT fee.
    Statutory language

    s. 285.69(2e), Wis. Stats. [exit DNR]

    NSPS fee

    NSPS fee

    In addition to a base fee, any applicable per ton fees and other additional fees (MACT, PSD/NAA NSR and EGU), a Title V source subject to new source performance standards (NSPS) for any portion of the previous calendar year will be subject to an NSPS fee of $960.

    Fee applicability includes the following:

    1. NSPS applies to specific devices. If a facility has a device that is subject to NSPS, then the facility will be considered to be an NSPS source and must pay the NSPS fee; and
    2. The NSPS fee is applied once per billing cycle regardless of the number of NSPS rules that apply or devices that NSPS applies to.
    Statutory language

    s. 285.69(2e), Wis. Stats. [exit DNR]

    PSD/NAA NSR fee

    PSD/NAA NSR fee

    In addition to a base fee, any applicable per ton fees and other additional fees (MACT, NSPS and EGU), any Title V source that has been operating under a prevention of significant deterioration or nonattainment area new source review (PSD/NAA NSR) permit during the previous calendar year must pay the PSD/NAA NSR fee of $1,500.

    Statutory language

    s. 285.69(2e), Wis. Stats. [exit DNR]

    EGU fee

    EGU fee

    In addition to a base fee, any applicable per ton fees or other additional fees (MACT, NSPS or PSD/NAA NSR), any electric generating source with the primary purpose to generate electricity that is not publicly owned and that included a coal-fired generating unit must pay an annual fee of $46,980.

    Statutory language

    s. 285.69(2e), Wis. Stats. [exit DNR]

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