Air Emission Environmental Fee

2005 Wisconsin Act 25 enacted on July 26, 2005 revised the methodology to calculate air emission fee billing effective January 1, 2006.

Before Act 25 was enacted, the DNR assessed an air emission fee depending on whether the company needed a permit and if the cumulative billable emissions exceeded five tons. The DNR was prevented from charging an emission fee for any pollutant amount above 5,000 tons of that pollutant. If the facility required a permit and emitted above the required billable tonnage level, the annual environmental fee statement contained the air emission fee calculated by multiplying the billable air emission fee tonnage amount by $35.71 per ton. (The $35.71 per ton fee has remained unchanged since 2001.)

Under 2005 Wisconsin Act 25, sources required to be covered by a Federal Title V operation permit (also known as Part 70 sources), will continue to be assessed at $35.71 per ton of billable emissions up to 5,000 tons per pollutant. For sources that are not required to be covered by a Federal Title V operation permit, the environmental fees will be based on the type of permit covering the entire facility, when a required permit is obtained and may be considerably different than previous years. The non-Title V permit options and related fee alternatives include:

• Stationary sources covered by an operation permit (for example: Federally Enforceable State Operation Permit (FESOP), State Operation Permit (SOP)) as required under s. 285.60 but not under the federal clean air act:
• The facility is charged an emission fee of $35.71 per ton of billable emissions.
• Instead of an emissions fee based upon $35.71 per ton, a facility can choose to pay a fee of $7,500, provided it hasn't chosen to do so previously. By electing this fee, the source will not be assessed construction permit fees for future construction permitting actions.
• Stationary sources covered by a facility-wide Registration Operation Permit (ROP):
• If the previous calendar year was the first year that the source was covered under a ROP the facility is charged $1,100 for the year and the per ton emission fee does not apply.
• If the source was first granted coverage under the ROP prior to the previous calendar year, the facility is charged $35.71 per ton of billable emissions.
• Stationary sources covered by a facility-wide General Operation Permit (GOP):
• If the previous calendar year was the first year that the source was covered under a GOP, the facility is charged $2,300 for the year and the per ton emission fee does not apply.
• If the source was first granted coverage under the GOP prior to the previous calendar year or before January 1, 2006, the facility is charged $35.71 per ton of billable emissions.
• A Stationary source that is exempt from the requirement to obtain an operation permit, but had actual emissions of a regulated pollutant in excess of 3 tons is charged $300 for the year and the per ton emission fee does not apply. Reporting thresholds can be found in Table 2 of NR 438.03, Wis. Adm. Code (exit DNR).

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