Construction Permit Fees

Who is covered?

Anyone that applies for an air pollution construction permit. In addition, anyone that undertakes construction without a construction permit that should have applied for an air pollution construction permit and paid construction permit feels is subject to these fees.

The fee is to be paid to the Agency at the time the construction permit application is submitted.

What is the fee?

The fee is effective for all applications submitted and is determined from the following schedule.

Major Source Fee Schedule

Base FeesAmount
First emission unit

New $4,000

Modified $2,000

Each additional new or modified emission unit

  • If any unit is new, the maximum total fee for any combination of new and/or modified units is $10,000

If only modified units are involved, the maximum fee is $5,000

$1,000 each
Supplemental Fees
New major source ("entry fee")$5,000
New source or emission unit subject to local siting review (i.e., a new landfill), a commercial incinerator or other municipal waste, hazardous waste, or waste tire incinerator, a commercial power generator, or one or more other emission units designated as a complex source by Agency rulemaking.$25,000
Netting for any pollutant, i.e., reliance on contemporaneous emission decrease(s)$3,000 per
pollutant
New major source subject to Prevention of Significant Deterioration (PSD)$12,000
Major modification subject to PSD$6,000
New major source subject to nonattainment New Source Review (NSR)$20,000
Major modification subject to nonattainment NSR$12,000
Determination of Maximum Achievable Control Technology for a pollutant, if the project is not subject to BACT or LAER for the related PSD or nonattainment NSR pollutant (e.g., volatile organic material or hazardous air pollutants)$5,000 (per unit)
Public Hearing Fee$10,000

Applications Subject Only To A Filing Fee

If an application only involves the following activities, only a filing fee applies

  • Addition or replacement of control devices on permitted units
  • Pilot projects/trial burns by a permitted unit
  • Land remediation projects
  • Applications only involving insignificant activities
  • Revisions related to methodology or timing for emission testing
  • Administrative-type modifications to a permit
$500

Non-Major Source Fee Schedule

Base Fees
Small project - No more than one new emission unit or no more than two modified emission units or no more than one new emission unit and one modified emission unit$500
Other project - More than one new emission unit or more than two modified units$1,000
Supplemental Fees
New State source ("entry fee")$500
New source or emission unit subject to local siting review (i.e., a new landfill), a commercial incinerator or other municipal waste, hazardous waste, or waste tire incinerator, a commercial power generator, or one or more other emission units designated as a complex source by Agency rulemaking.$15,000
Transition from Major Source to Non-Major Source$4,000
Public Hearing Fee$10,000

Types of Applications Subject Only To A Filing Fee

If an application only involves the following, only a filing fee applies

  • Addition or replacement of control devices on permitted units
  • Pilot projects/trial burns by a permitted unit
  • Land remediation projects
  • Applications only involving insignificant activities
  • Revisions related to methodology or timing for emission testing
  • Administrative-type modifications to a permit
$500

No fee will be assessed for a request to correct an issued permit that involves only an Agency error, provided the request is received within any deadline for a permit appeal to the Pollution Control Board.

How does the applicant determine the fee to be paid?

Applicants for a new or revised air pollution construction permit are required to submit a certification of the fees estimated to be due, accompanied by payment of such estimated permit fee, with each construction permit application submitted to the Agency.

The Agency has prepared a Construction Permit Fee Form (FEE-197) for applicants to use in calculating the proper fee, available from our Air forms web page.

If the Agency determines at any time that a construction permit application is subject to an additional fee, the Agency will notify the applicant in writing of the amount due and the applicant has sixty (60) days to remit the assessed fees to the Agency.

What happens if the proper fee is not paid?

The Agency is not required to process, nor does the statutory time frame for the Agency to review an application begin to run, until the Agency receives the initial air pollution construction permit application fee and certified estimate of the required fee.

If the Agency determines at any time that a construction permit application is subject to an additional fee, and the proper fee established is not submitted within 60 days upon request for further remittance and the construction permit is not yet issued, the Agency is not required to further review or process the application, and the statutory time frame for issuing a permit is stayed until the proper fee is remitted.

If the proper fee has not been paid but the permit has already been issued, the Agency will notify the permittee and the permittee is given 60 days to remit the additional fee. If the permittee does not remit the additional fee within 60 days, upon written notice, the Agency may immediately revoke the construction permit.

In the event that a permittee issued a construction permit makes the fee payment from an account with insufficient funds, the Agency will notify the permittee. If the permittee does not pay the proper fee within 60 days of receipt of written notice, the Agency may, by written notice, immediately revoke the air pollution construction permit.

Does the applicant still have to pay the fee if the request for a permit is ultimately denied?

Yes. If the construction permit application is denied, the construction permit application fees are still owed by the applicant.

What if there is a dispute over the fee amount due?

The denial or revocation of a permit for failure to pay the construction permit fee is subject to review by the Board, pursuant to the provisions of subsection (a) of Section 40 of the Act.

Is a construction permit fee form available on-line?

Yes. This form and other construction permit forms are available from our Air forms web page .

Who do I contact with questions?

Additional information or assistance is available by contacting the Permit Section at 217-782-2113.