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Annual air pollution fee structures for non-Title V Sources required to have an air permit

There are two levels of annual air pollution fees for businesses that are considered non-Title V sources. A non-Title V source is a business required to have an operation permit, but not a major source permit. There is a separate fee structure for major (Title V) sources. For non-Title V sources, the following fee structure is used:
  1. The annual fee is $400 for businesses with:
    • permitted emissions below 80 percent of the major source level for each pollutant including those issued registration operation permits or,
    • general operation permits that are classified as minor source or synthetic minor source with emissions capped below 80 tons per year or,
    • those with complete state operation permit applications on file.
  2. The annual fee is $4,100 for businesses with an operation permit that includes federally enforceable conditions allowing the amount of emissions to be 80 percent to 100 percent of the major source level which may include some general operation permits classified as synthetic minor.

The annual fee is applied to all businesses that need or have a non-Title V operation permit for any portion of the preceding calendar year. The full annual fee applies to any partial years that a permit is held.

Other considerations

Businesses that closed or had ownership change during the calendar year may have the fees changed accordingly. The higher fee applicable during the year will apply.

Businesses with low emissions may be able to eliminate the annual fees if they qualify for an operation permit exemption. For more information on Air permit exemption options, visit the Small Business Environmental Assistance Program's Air permit exemptions page. The annual fee is no longer charged after a business has requested and been confirmed as an exempt source. However, fees are charged for any year in which a business applied for an exemption but the exemption has not been confirmed by the department. Since the business was required to have an operation permit for part of the year, the full annual fee is charged.

For specific statutory language regarding the non-Title V annual air pollution fees, see s. 285.69(2m)(a) and (b), Wis. Stats. [exit DNR]

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