Fees Under the Virginia Air Pollution Control Law

Many sources with permits under the Virginia Air Pollution Control Board Regulations are required to pay permit application, annual maintenance and annual emissions fees.

In the summer of 2016, the Department of Environmental Quality (DEQ) convened a stakeholder group to revise the fee regulations to assure DEQ could continue to have the necessary funding to administer the Title V program. To date, the majority of funding generated to maintain the Title V program has come from emissions fees. Over time, emissions have steadily declined resulting in less revenue to maintain the Title V program. The stakeholder group examined ways to generate revenue that would be less dependent on emissions fees and more dependent on application and maintenance fees and continue to generate the necessary funding for the Virginia DEQ, not EPA, to administer the program. The new fees reflect the outcome of the stakeholder process. The revised fees were incorporated as amendments to the Air Pollution Control Regulations and went through the Administrative Process Act procedures. The amended regulations take effect on December 27, 2017 and the new fees will be effective on January 1, 2018.

2018 Emission Fees & Bills

A letter will be sent in early July 2018 to all air permit emission fee program sources regarding the 2018 emission fees and bills. The Permit Emissions Fee Revision Form and the Permit Emissions Fee Alternate Payment Form referenced in the letter are available on the Forms page.

Application Fees

For 2018, application fees (9VAC5-80-2250 et seq) have been increased to more closely reflect the cost to the Agency of processing the different types of air applications. The 2018 fees will be increased by 10% on January 1, 2019 and on January 1, 2020 will be updated to reflect the changes in the Consumer Price Index (CPI). The 2018 application fee form is now available and implementation guidance on permit application fees has been developed to help determine 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. The following table provides the application fees for 2018 and 2019:

Application For:   Base Permit Application
Fee Amount for 2018
Application
Fee Amount for 2019 
 Sources subject to Title V permitting requirements:
 Major NSR permit $63,000 $69,300
 Major NSR permit amendment (except administrative) $10,000 $11,000
State major permit $25,000 $27,500
Minor NSR permit (that is not also a state major permit) $5,000 $5,500
Minor NSR permit amendment (except administrative) $2,500  $2,750
Title V permit $35,000 $38,500
Title V permit renewal $15,000 $16,500
Title V permit modification (except administrative) $4,000 $4,400
State Operating permit $10,000 $11,000
State Operating permit amendment (except administrative) $4,000 $4,400
Sources subject to the requirements of a synthetic minor permit: *     
Minor NSR permit $3,000 $3,300
Minor NSR permit amendment (except administrative) $1,000 $1,100
State operating permit $5,000 $5,500
State operating permit amendment (except administrative) $2,500 $2,750
 *Sources subject to the requirements of a synthetic minor permit are sources having the potential to emit more than the Title V thresholds but have taken an enforceable permit limit to avoid major source status either through an Article 5 State Operating Permit (SOP) or an Article 6 Minor New Source Review (NSR) Permit.

Please contact your Regional Air Permit Manager if you have specific questions about your permit application fee.

Maintenance Fees

Title V maintenance fees (9VAC5-80-2310 et seq.)  help to cover the cost of compliance activities associated with the Title V permit program. Since 2012, all sources classified as Title V  or classified as Synthetic Minor with limits equal to or greater than 80% of the Title V permitting thresholds (SM-80 sources) have received an invoice from DEQ during the month of August with an annual maintenance fee.  As recommended by the stakeholder group and starting in 2018, all synthetic minor sources (greater than or less than 80%) will be charged a maintenance fee. Sources that are normally charged emissions fees will see the maintenance fee as a line item on their invoice. Maintenance fees are based on your Title V permitting status for the previous calendar year (2017 for 2018 invoices). Some sources will be charged for a maintenance fee without being charged an emissions fee. The following table provides the maintenance fees for 2018, 2019 and 2020:  

 Stationary Source Type  Maintenance Fee Amount
 2018 2019 2020
Title V Complex Major Source*  $21,263 $23,389 $23,389 + CPI
Title V Major Source             $7,442 $8,186  $8,186 + CPI
Title V Source By Rule $2,392 $2,790 $3,189
Synthetic Minor 80% Source (SM-80)  $1,594  $1,860 $2,126
Synthetic Minor Source (other than SM-80 Source)  $500  $550  $550 + CPI
 *Title V Complex Major Source means a major source that is subject to a total of seven or more subparts in 40 CFR Parts 60, 61, and 63.

Please contact your Regional Air Compliance Manager if you have specific questions about how your source is classified.

Emission Fees

Emission Fees

Title V emission fees (9VAC5-80-310 et seq.) are charged to Title V sources and some synthetic minor operating permit sources based on their actual emissions for the previous year, as reported by the source and confirmed by DEQ. These fees are charged on a $ per ton basis, up to 4000 tons per year for any one pollutant, and are adjusted annually The fee for 2018 (2017 emissions) is $73.01 per ton and will increase to $83.96 per ton in 2019 (2018 emissions). In 2020 the fee will be adjusted based on the CPI. For general questions on emissions fees, please contact Tom Ballou by e-mail or at (804) 698-4406.

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


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