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Air Permit Fees

The 2007/2008 and 2009 Minnesota Legislature directed the Minnesota Pollution Control Agency to conduct rulemaking to amend Minnesota Rule Chapter 7002, Air Emission and Water Quality Permit Fees. Per 2009 Legislation, fees for air quality permits became effective on July 1, 2009, are subject to the new fees. This rule was published in the State Register on March 8, 2010, and became effective March 15, 2010. Air permit applications received after July 1, 2009, but before implementation of the rule, will be charged retroactive fees as necessary.

Application Points Table

Application Fees are the fees that must be submitted with your permit application. The table below shows the number of points changed for each type of permit application or request. These are the same points/fees that are found on the Submittal Cover Page form (SCP-01). To determine the application fees for each application submitted, multiply the number of points assessed for the type of application by $285 per point:
Application Fee ($ per application)  =  Points per application  x  $285/point.

Type of Application

Points per
Application

Individual Part 70 Operating Permit

75

Individual State Operating Permit

50

Reissuance of expiring Part 70 or State Operating Permit

0

Major Amendment to an individual permit

25

Moderate Amendment to an individual permit

15

Minor Amendment to an individual permit

4

Administrative Amendment to an individual permit

1

Capped Permit

4

Registration Permit

2

Part 70 General Permit

4

State General Permit

3

Administrative Change to a Capped, Registration, or General Permit

1

Request for Applicability Determination

10

Additional Points Table

Additional Fees may be assessed based on any additional work that is required for your permit. The table below is provided only to help you estimate what that amount might be. Do NOT submit payment for these additional fees with your permit application. The MPCA will send you an invoice for the required fee at approximately the same time that a draft permit is sent to you for your review.

To estimate the additional fees, for each type of review or analysis that you anticipate being required, multiply the number of points (determined by referring to the indicated notes below the table) by $285 per point.

Additional Points Reviews/Analyses

Points

Modeling Review (1) (2)

15 per refined modeling analysis

BACT Review (1) (3)

15 per PSD pollutant analyzed

LAER Review (1) (4)

15 per LAER pollutant analyzed

CAIR/Part 75 CEM analysis (1) (5)

10 per CAIR or Part 75 analysis

NSPS Review (1) (6)

10 per standard reviewed

NESHAP Review (1) (7)

10 per standard reviewed

Case-by-case MACT Review (1) (8)

20 per source category

Netting (1) (9)

10 per pollutant in the analysis

Limits to remain below threshold (1) (10)

10 per regulatory threshold to be avoided

Plantwide Applicability Limit (PAL) (11)

20 per limited pollutant

AERA Review (1) (12)

15 per AERA review

Variance request under Minn. R. 7000.7000 (13)

35 per variance requested

Confidentiality request under Minn. R. 7000.1300 (14)

2 per request

EAW Review required under:

 

Part 4410.4300, subps. 18, item A; and 29

15 per review

Part 4410.4300, subps. 8, items A & B; 10 items A to C; 16, items A & D; 17, items A to C & E to G; and 18, items B & C

35 per review

Part 4410.4300, subps. 4; 5 items A & B; 13; 15; 16, items B & C; and 17 item D

70 per review
  1. This applies if the action is required, regardless of whether or not the applicant initially identifies this item in the permit application.
  2. Modeling:  15 points per refined modeling analysis, regardless of the number of pollutants modeled. Applies to refined modeling only. We do not assess additional points for screening dispersion modeling review. If the only modeling was due to an AERA, we do not charge separately for the modeling review - the AERA additional points account for the points needed for reviewing the AERA modeling.
  3. BACT: The rule assesses 15 additional points for each prevention of significant deterioration (PSD) pollutant analyzed regardless of the number and types of units involved. Note that even though you may determine a single technology to be BACT for 2 or more pollutants, each pollutant is still counted individually.
  4. LAER: The rule assesses 15 additional points for each non-attainment new source review (LAER) pollutant analyzed regardless of the number and types of units involved.
  5. CAIR/Pt. 75 CEM: The rule assesses 10 additional points for CAIR review and 40 CFR Part 75 analysis regardless of the number of pollutants or number of units involved in the same permit action.
  6. NSPS: The following does not apply to Registration, Capped and General Permits. The rule assesses 10 additional points for each applicable standard review regardless of the number of emission units under each standard that are processed under the same permit action.
  7. NESHAP: The following does not apply to Registration, Capped and General Permits and Case-by-case MACT. The rule assesses 10 additional points for each applicable standard review regardless of the number of emission units under each standard that are processed under the same permit action.
  8. Case-by-case MACT: The rule assesses 20 additional points for each source category reviewed for a stationary source regardless of the number of emission units at the facility under the same source category and that are processed under the same permit action. The additional points are assessed for each source category subject to 40 CFR pt. 63, subp. B “Requirements for Control Technology Determination for Major Sources in Accordance with Clean Air Act Sections 112(g) and 112(j)”.
  9. Netting: The rule assesses 10 additional points for each PSD pollutant for which netting analysis is conducted in one permit action, regardless of the number and types of units involved.
  10. Limit to remain below programmatic regulatory threshold: The rule assesses 10 additional points for limits established in the same permit action for each of the following regulatory programs: Part 70, NESHAP, EAW, AERA, NSPS, PSD and NSR, regardless of the number of pollutants, the number and types of units involved and the number or types of limits imposed.
  11. PAL: The rule assesses 20 additional points for each PSD pollutant for which a PAL limit is established in a given permit action, regardless of the number and types of units involved.
  12. AERA: The rule assesses 15 additional points for each AERA review, regardless of the number of emission units or pollutants under each review and that are processed under the same permit action.
  13. Variance Request under Minn. R. 7000.7000: The rule assesses 35 additional points for each variance requested in a given permit application, regardless of the number of pollutants, the number or type of emission units involved, or the types and number of rule provisions under the variance.
  14. Confidentiality Request under Minn. R. 7000.1300: The rule assesses 2 additional points for each confidentiality request in a given permit application, regardless of the number of pollutants, the number or type of emission units involved, or the number of elements requested to be kept confidential.

Frequently Asked Questions

Q: When will I be sent the additional fee invoice?

A: An invoice for additional fees will be sent at approximately the same time as the draft permit is sent.

Q: If I withdraw my application at some point before it is issued, will there be a charge for additional points?

A: If the permit application is withdrawn before reaching a draft permit, no additional fee invoice will be sent.

Q: If my permit application is returned to me after completeness review (e.g., determine that I applied for the wrong thing, don’t need the permit at all, permit is denied, etc.) and is determined to be incomplete, when does or doesn’t MPCA charge any additional fees?

A: The MPCA will not charge additional fees if the application is returned after the completeness review (but the application fee will not be returned, see Minn. R. 7002.0016, subp. 1). Additional fees (if any) will be invoiced at the time of the draft permit (see Q1).

Q: Will there only be one invoice for additional points for a permit action?

A: The MPCA’s goal is to only charge one additional fee, but MPCA has the authority to send further invoices if needed (due to change in scope, public comments, board meeting, etc.).

Q: I want to add a different compliance option from 40 CFR pt. 63, subp. MMMM to my permit (the permit only includes the compliant material option). Do I have to pay additional fees to make this change to my permit?

A: The MPCA will not charge additional fees to change or incorporate a compliance option from a NESHAP where that compliance option is allowed in the standard and the affected unit and/or facility was not modified to qualify for such an option. For example, if you want to add the “control” option from the standard and you now need to add an oxidizer to qualify for the option, you will be charged for the additional points, but if the equipment as originally permitted could have used the other compliance option (i.e., you want to add the “emission rate without controls”), there will be no additional fee.

Q: Will there be a charge for additional points for applicability reviews?

A: No additional fees will be assessed for applicability requests.

Q: Is there a fee charged if I apply for a different kind of operating permit? For example, I have a Part 70 permit and now apply for a registration permit.

A: Yes, the rule only excludes reissuances of individual State and Part 70 permits. Even applying to “renew” a general permit requires a fee.

Q: How will Environmental Impact Statements (EIS) and permit applications be handled when dealing with appropriate fees?

A: If it can clearly be shown that all the work is associated with an activity subject to the fees billed because of additional points was completed as part of the EIS, and no supplemental work was needed by MPCA staff for the permit work, then those additional point fees will likely not be charged. An example for such an activity may be modeling and AERA review. It is possible that the review of the emissions data, the modeling results and the AERA results may be completed as part of the EIS; however, if emission estimates have been changed as part of the permitting process, and additional modeling or review of the AERA is needed, then those additional points may need to be charged. Additional work for BACT analyses would likely be needed for the permit application to ensure that the analyses are up-to-date; also, input from compliance and enforcement staff would likely be needed. Therefore, in many, if not all cases MPCA would charge for the additional points for BACT analyses.

Q: I have a registration permit (Option C) and our facility contact name and phone number have changed. Is this an “administrative change” as listed in Minn. R. 7002.0019, subp. 1(A) that requires a fee?

A: No, there is no fee when you submit this type of information to the MPCA. The registration permit rules require an administrative change to your permit if you change ownership or control of the facility, or if you need to change information that appears within your permit (e.g., if the mailing address of the facility owner is on the cover page of the permit and it changes, etc.). Even if it does not appear in your permit, please do let us know if your contact information changes by submitting a letter to MPCA’s Air Quality Permit Document Coordinator at the same address where applications are sent. This is listed on the Air Quality Forms web page.

Q: Are the annual emissions inventory fees and permit application fees the same thing?

A: No, these fees are separate from each other. One is meant for the chargeable annual emissions from a facility and the other is for fees associated with a permit application.

Q: I have submitted and paid the initial fee for an administrative amendment and the application was returned to me and determined to be something else (i.e. major amendment). What happens to my resubmitted application and what happens to my initial application fee?

A: The correct resubmitted application will be placed on the queue when it is received. There is no refund for initial application fees received. The resubmitted application fee must be paid in full.

Q: What kind of modeling is considered to be screening modeling?

A: Screening dispersion modeling includes, but is not limited to any of the following tools:

  • DISPERSE (Dispersion Information Screening Procedures for Emission Risk Screening Evaluation)
  • EPA’s SCREEN3
  • AERSCREEN
  • VISCREEN level-1 analysis
  • CAPS

Refined dispersion modeling includes, but is not limited to the following tools:

  • AERMOD
  • AERMOD-PRIME/AERMET/AERMAP
  • CALPUFF
  • VISCREEN

Q: What if I apply for the wrong type of amendment and it is returned to me saying that my administrative was really a major amendment? How will I be charged?

A: The application fee for the incorrect permit application will be kept as fees are not refundable. The application will be returned to the Permittee requesting the correct application be submitted. The correct application will be charged in full for its application fee.

Q: My company and a second company are doing a joint EAW/AERA evaluation for a facility permit. How will points for the EAW and AERA be assessed for each of us?

A: If there are two separate companies conducting an EAW and AERA for a permit action for one facility, both companies will be charged in full for the EAW and AERA reviews.

Minnesota Rules

 

Last modified on October 17, 2012 12:28
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