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For more information on the fee increase for non-Title V Sources, please contact:
Sheri Stach

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

There are two levels of an annual air pollution fee that may be applied to businesses that are considered non-Title V sources. A non-Title V source is a business required to have an operation permit but is not otherwise required to be issued a major source permit. There is a separate fee schedule for major (Title V) sources.

  1. The first is for businesses with permitted emissions below 80 percent of the major source level for each pollutant, including those issued registration operation permits, general operation permits that are classified as minor source or synthetic minor source with emissions capped below 80 tons per year, as well as those with state operation permit applications on file. This annual fee is $400.
  2. The second is for businesses issued an operation permit that includes federally enforceable conditions that allow the amount of emissions to be at least 80 percent of but not greater than the major source level, which may include some general operation permits classified as synthetic minor. This annual fee is $4,100.

The annual fee will be applied to all businesses for which a non-Title V operation permit was required (whether or not the permit was issued) for any portion of the preceding calendar year. This includes:

  • those businesses who may only have a non-Title V operation permit application on file with the department; or
  • those with an active construction permit that was issued along with a draft non-Title V operation permit.

For example, many facilities have been issued construction permits but at the same time a draft non-Title V operation permit was made available during the public comment period and will not be issued until the facility is fully constructed and in operation mode. These facilities will be charged the annual air pollution fee because they are required to have the non-Title V operation permit.

Other considerations

Businesses that are closed or where ownership changed during the calendar year may have changes in their fees.

Businesses with very low emissions may be able to eliminate the annual fees if they quality for one of the operation permit exemptions. For more information on Air Permit Exemption options, visit the Small Business Environmental Assistance Program's Air permit exemptions page. Once the business has requested and been confirmed as an exempt source the annual fee will no longer be charged. The fees will not be refunded for any year in which a business fit an exemption category but the exemption was not yet confirmed by the department, nor are fees prorated for any partial year in which the business was confirmed as exempt. Because the business was required to have an operation permit for even a partial calendar year, the annual fee is charged for that year.

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]

Last revised: Wednesday February 15 2017