1. Overview of Air Permitting Fees In Illinois
Laurel L. Kroack
Chief, Bureau of Air
Illinois EPA
(217)
October 5, 2011
2007 Title V Compliance

2. Overview of Air Permitting Fees
Annual site fees for permitted sources
Construction Permit Application fees
Provisions for “portable emissions units” – no fee for each move of a permitted unit
(Portion of) Sales Tax Revenue on “Sorbents”

3. “NEW” Illinois Permit Fees
Public Act , signed July 12, 2011
Fee for ROSS (i.e., Registration program)
Operating (Site) Fee Increases
Fee for Expedited Permits
Divert Portion of Sales Tax Revenue on Sorbents

4. Registration of Smaller Sources (ROSS)
Annual fee: $235
Not required to obtain CAAPP or FESOP permit ;
< 5 tpy (actual) combined criteria pollutants;
< 0.5 tpy (actual) combined HAPs;
< 0.05 tpy (actual) lead and mercury emissions;
May NOT have an emission unit subject to a NESHAP (excluding Area Source NESHAP)
Re-registration each year
Results in loss of fee revenue, but expect to save on personnel costs

5. Expedited Permits - Discretionary
4x standard construction permit fee, not to exceed $100,000
4x recurring permit fees (annual fees, operating fees, or discharge fees), for each recurring permit expedited
Where no standard permit fee is required, expedited permit fee is negotiated
2007 Title V Compliance

6. Expedited Permits, cont.
All expedited permit fees are in addition to required standard permit fees
Expedited permit review time period is negotiated
Negotiated refund of fee on prorated basis - If Illinois EPA fails to complete review within agreed-to time period

7. Permit Fee Increase Beginning January 1, 2012
Clean Air Act Permit Program (CAAPP or Title V) Permits
From $18/ton to $21.50/ton
Maximum fee from $250,000 to $294,000
“Fee Allowable” – Permittee sets, > actual, not to exceed permit allowable

8. Permit Fee Increase Beginning January 1, 2012
Federally Enforceable State Operating Permit or FESOP
Minimum (< 25 tpy): From $200 to $235
tpy sources: From $1,800 to $2,150
Maximum (> 100 tpy): From $3,500 to $4,112

9. Permit Fee Increase Beginning January 1, 2012
Lifetime Operating Permit
Minimum (< 25 tpy): From $200 to $235
tpy sources: From $1,800 to $2,150
Maximum (> 100 tpy): From $3,500 to $4,112

10. Permit Fee Increase Beginning January 1, 2012
Additional Revenue from all 3 permit categories is expected to be $1 - $3.2 million per year
NOTE: If a source operates without a permit after June 30, 2003, the Illinois EPA may recover 2x the site fees that were “avoided” – in addition to other enforcement penalties

11. Sales Tax Revenue Divert Portion of Sales Tax from “Sorbent” Sales
Beginning July 1, 2011
“Sorbents” used to comply with Illinois Environmental Protection Act or federal Clean Air Act
80% of the net sales tax revenue to CAAPP (Title V) Permit Fund
6.25% general sales tax rate
Total payment shall not exceed $2,000,000 in any fiscal year
Industry’s idea !

12. Construction Permit Fees
Detailed fee schedules: Based on amount of effort required to process an application.
Single fee schedule for CAAPP (Title V) and FESOP sources
Separate fee schedule for smaller sources

13. Construction Permit Fees CAAPP & FESOP Sources
New emission units:
$4k for first new emission unit
$1k for each addt’l emission unit
BUT, not to exceed $10k
Modified emission units:
$2k for first modified unit
$1k for each addt’l modified unit

14. Construction Permit Fees Not Currently - But Will Be - Subject to CAAPP or FESOP
$5k Entry Fee
$25k Fee IF new unit is:
Subject to Local Siting (waste facilities)
Commercial Incinerator
Municipal Waste or Tire Incinerator
Commercial Power Generator
Designated by IEPA as a “Complex” source via rulemaking

15. Construction Permit Fees CAAPP & FESOP Sources
$3k per pollutant for each of:
Netting Exercise
Other PSD avoidance
Nonattainment NSR
New Sources:
$12k if subject to PSD
$20k if subject to Nonattainment NSR (NA-NSR)

16. Construction Permit Fees CAAPP & FESOP Sources
$6k for a Major Mod. subject to PSD
$12k for a Major Mod. subject to NA-NSR
$5k per unit if MACT Determination Req’d and project is NOT subject to BACT or LAER
$10k if Public Hearing is Held

17. Construction Permit Fees Source Is Not & Will Not Be Subject to CAAPP or FESOP Program
$500 Entry Fee if a New Source, i.e., no Operating Permit issued
$15k Fee IF new unit is:
Subject to Local Siting (waste facilities)
Commercial Incinerator
Municipal Waste or Tire Incinerator
Commercial Power Generator
Designated by IEPA as a “Complex” source via rulemaking

18. Construction Permit Fees Source Is Not & Will Not Be Subject to CAAPP or FESOP Program
$500 for Single New Unit
$1k for >one New Unit
$500 for Modified Units
$1k for > 2 Modified Units
$10k if Public Hearing is Held

19. Fee Process For Construction Permit Applications
Fee Estimate (Form 197-FEE) must be included with application
Payment, as estimated on Form 197-FEE, must be included with application (check or money order, no cash)
May reject applications if 197-FEE form or the $$$ is not submitted with the application
May revoke issued construction permit if fee unpaid

20. “Exceptions” For Construction Permit Application Fees
$500 filing fee (only) for certain simple projects at a permitted source:
Proposed remediation project;
New control device;
Requested administrative change to an issued construction permit; or
Renewal of previously issued Construction Permit.
No fee for a “timely” (filed within permit appeal period) request to correct IEPA error in permit