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Contact information
For more information on the new Title V annual fee schedule, please contact:
Sheri Stach
608-264-6292

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

The following information describes the annual air pollution fee schedule for facilities with federally-required Title V air operation permits. These fees affect all facilities for which a Title V operation permit was required for any portion of the preceding year. The fees will be collected in the current year based on actual emissions reported for the previous calendar year under the DNR's emission inventory program. There is a separate fee schedule for non-Title V sources.

In addition to the per ton fee, all Title V sources pay a base emission fee, based on the range into which their total emissions fall.

Facilities pay additional fees if they are subject to one of the following federal regulatory program or industry categories.

  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)
  4. Non-public coal-fired electric generating unit (EGU)

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

graphic illustrating fee calculations

Facilities closed prior to December 31 of the previous calendar year, that met the applicability requirements of these fees for any portion of that year must pay the fee (not prorated). Facilities operating on December 31 of the previous calendar year, that met the applicability requirements of these fees for any portion of that year but by December 31 were issued a non-Title V operation permit, or otherwise found to no longer be subject, will not have to pay the Title V source fees as they would no longer be a facility required to have a federal operation permit. However, 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 $900.00 for facilities with total actual emissions in the range of zero to 10 tons. There are five fee ranges (see the statutory language below) and the base fee increases based on the actual annual emissions up to a fee of $3,000.00 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 NR 438 reporting threshold), the facility will be billed a base fee of $900.00. In addition:

  1. Hazardous air pollutant (HAP) billable emissions are not double counted. For example, arsenic is not billed as a HAP and a particulate.
  2. Facility emissions are actual emissions for the previous calendar year.
  3. All the billable pollutants are listed in Table 1 of 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 additional 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 emissions reported 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 emission are not double counted. For example, arsenic is not billed as a HAP and a particulate.
  2. Facility emissions are actual emissions for the previous calendar year.
  3. All the billable pollutants are listed in Table 1 of 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.
  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 $960.00.

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 a 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.
  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 $960.00.

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 a NSPS source and must pay the NSPS fee.
  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 who 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 $1,500.00.

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 $46,980.00.

Statutory language

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

Last revised: Wednesday February 15 2017