New Fees Under the Virginia Air Pollution Control Law

Effective July 1, 2012, many sources with permits under the Virginia Air Pollution Control Board Regulations will be required to pay new fees.  These fees are necessary to maintain (at current levels) the federal Title V permitting program in Virginia and protect against Virginia losing the program to EPA. 

The 2012 Budget Bill (Item 365 B) required the Virginia Air Pollution Control Board to develop regulations to allow DEQ to collect application fees, annual maintenance fees, and increase emission fees for each ton of pollution emitted.  Additionally, those sources that have traditionally paid emissions fees every other year will now be required to pay every year.   A summary notice of the new fees is being sent to sources either by e-mail or regular mail. 

The new permit application fees will apply to permit applications submitted after July 1, 2012.  A fee form has been added and should be completed with your application.  Implementation guidance on permit application fees has also been developed and should be helpful in determining what fee you should pay.  Please note that a permit application will not be processed until the appropriate fee has been received.  Sources seeking an administrative amendment or sources that are classified as “true minor” are not required to pay an application fee.  Please contact your Regional Air Permit Manager if you have specific questions about your permit application fee.

Sources that are applicable to the Title V permitting program and sources that are classified as Synthetic Minor with limits equal to or greater than 80% of the Title V permitting thresholds (SM-80 sources) will be receiving an invoice from DEQ during the month of August with a charge for an annual maintenance fee.  Sources that are normally charged emissions fees will see the maintenance fee as a line item on their invoice.  Emissions fees are based on your emissions for 2011.  Some sources will be charged for a maintenance fee without being charged an emissions fee.  Please contact your Regional Air Compliance Manager if you have specific questions about the how your source is classified.

If you have general questions on the permit application fees, please contact Tamera Thompson through e-mail or at 804-698-4502. For general questions on emission fees, please contact Thomas Ballou by e-mail or at (804) 698-4406.

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Virginia Department of
Environmental Quality
629 East Main Street
P.O. Box 1105
Richmond, VA 23218
(804)698-4000

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