Air Emission Inventory Fee

DNR will send environmental fee statements to companies at the end of May 2009. These environmental fee statements may contain an air emission fee. For more information regarding emission fees click on the following links:

• Changes to Air Emission Inventory Fees Methodology Calculation Under 2005 Wisconsin Act 25.
• Emission Fee Schedule 1992-2009. Lists the emission fees in dollar per ton per data year.
• Billable Pollutants-Table contains the list of billable pollutants under NR 410.04, Wis. Adm. Code.
  

Air Emission Environmental Fee Under 2005 Wisconsin Act 25

In 2005, the Wisconsin Legislature changed the law on air emission environmental fees to satisfy problems in Wisconsin's air permits program as identified in U.S. EPA's 2004 Notice of Deficiency and to provide funding support for the registration and general permit programs created under 2003 Wisconsin Act 118. The new law (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 air emission fee depended on whether the company needed a permit and if the cumulative billable emissions exceeded five tons. 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 up to 5,000 tons of that pollutant. While the majority of facilities will continue to be assessed a fee based upon the previous methodology, certain sources will be assessed a different amount based upon permitting status or activity in the previous year.

• Stationary sources covered by a traditional operation permit as required under s. 285.60 but not under the federal Clean Air Act (non-Title V facility permits such as a Federally Enforceable State Operation Permit (FESOP) or a State Operation Permit (SOP)):
• 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 may choose to pay an alternative one-time fee of $7,500. By electing this one-time 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.