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west virginia department of environmental protection
west virginia department of environmental protection
west virginia department of environmental protection

Air Quality Fees

Overview

Title V Emission Fee Factor

The emission fee factor (EFF $/ton) will be calculated on or before June 1st of each year. An updated memo showing the EFF and supporting calculationis will be posted on this webpage shortly thereafter. Please check this page again at that time for the updated EFF.

Each year, annual fee invoices for CESs and CTOs will be mailed to subject sources on or before June 30th and must be returned by July 31st. Failure to pay the full amount by the July 31st due date will result in penalties/late fees of 5% permonth beginning in August.

It is crucial that facilities report their calendar year emissions in SLEIS by the March 31st (for major sources) and May 1st (for deferred sources) so they will receive their invoice in July. Failure to report annual emissions data by the applicable deadlines may result in enforcement action.

Documents

Contact Us

Invoice Inquiries

Please direct questions about specific invoices to the West Virginia Division of Air Quality.

Email: dep.airqualityfees@wv.gov
Phone: Kim Scott, Air Quality Fee Coordinator
(304) 926-0499 x41111
Phone: Megan Grose, Fee Technical Support
(304) 926-0499 x43810
Mail Correspondence to:
West Virginia Department of Environmental Protection
Division of Air Quality
ATTN: Fee Coordinator
601 57th Street SE
Charleston, WV 25304

Certified Emission Statement (CES) Invoices

Major and Deferred Title V Sources Under 45CSR30

Revisions to 45CSR30 (Rule 30) approved during the 2023 Legislative Session became effective March 31, 2023. The revisions were in response to U.S. EPA’s concerns that the Title V fee structure in the 2015 version of the rule was not sustainable.

Major Changes to Rule 30 Include:

  • The annual Title V fee is now based on an equation using a base fee component (BF), a complexity fee component (CF) and an emissions fee component (EF).
    Title V Fee = BF+CF+EF
    Further details regarding the revised fee calculation can be found in the next section

  • The 4,000 ton per pollutant cap on emissions used to calculate the emissions fee for a facility has been removed.

  • The requirement to submit a Certified Emissions Statement signed by the Responsible Official has been removed.

  • The requirement for all Title V facilities to report emissions remains with submission deadlines of March 31st for major sources and May 1st for deferred sources which is consistent with prior policy.

  • The Title V fee program is no longer linked to 45CSR22 (Rule 22 minor source fee program) removing the option of paying the minimum Rule 22 fee.

All Title V Sources will receive a pre-populated invoice based on their emissions reported in the State and Local Emissions Inventory System (SLEIS) Database with the amount due calculated.

For information on how to report an emissions inventory in SLEIS, visit https://dep.wv.gov/daq/planning/inventory

Documents and Resources

Calculating Fees

Under the revised Rule 30, a source’s Title V fee is calculated by adding the Consumer Price Index (CPI) adjusted base fee component (BF), the CPI adjusted complexity fee component (CF) and the emissions fee component (EF).

Title V Fee = BF + CF + EF

The Title V base fee (BF) is as follows:

  • For Title V major sources (i.e., those required to obtain a Title V operating permit) the base fee is $5,000.

  • For Title V deferred sources (i.e., those sources subject to 45CSR30 that are deferred from the obligation to obtain a Title V operating permit) the base fee is $0.

The Title V complexity fee (CF) has two parts:

  • PART 1: All sources subject to an applicable standard promulgated under CAA §111 and 45CSR16 - New Source Performance Standards (NSPS), 45CSR18 - Performance Standards for the Combustion of Solid Waste and 45CSR23 - Performance Standards for Municipal Solid Waste Landfills shall pay an annual complexity fee of $1,000. The fee is independent of the number of standards that apply to the facility.

  • PART 2: All sources subject to an applicable standard promulgated under CAA §112, except for §112(r) which is exempt, and 45CSR34 (National Emission Standard for HAPs or NESHAPs) shall pay an annual complexity fee of $1,000. The fee is independent of the number of NESHAPs that apply to the facility.

The Title V emissions fee (EF) is a source’s actual emissions (AE) of all regulated pollutants discharged during the most recent calendar year multiplied by the emissions fee factor (EFF).

EF = AE x EFF

  • Calculations for each year’s EF are based on the emissions data reported to SLEIS for the previous calendar year.

  • The EFF ($/ton) will be calculated every year on or before June 1st using the formula found in section 8.1.b.1. of Rule 30. The 2023 EFF and updated example calculations will be posted once it has been calculated.

Beginning July 1, 2025, the Title V base fee (BF) and complexity fee (CF) shall be increased by the CPI as specified in paragraph 8.1.a.6 and 8.4.

Additional Information Regarding CES Invoices

Title V Receipts

A Title V receipt cannot be issued until full payment (including any applicable penalty fees) is received.

Facility Information Corrections

The facility name cannot be changed without submittal of a name change cover document and a letter from the permittee. Forms, sample letters and additional information can be found at https://dep.wv.gov/daq/permitting/Pages/Change-of-Ownership

Corrections and updates to contact information and mailing addresses may be made by emailing changes to dep.airqualityfees@wv.gov

Submitting Payment for a CES Invoice

Mail

Mail payment and lower portion (payment coupon) of the original CES invoice to:

Department of Environmental Protection
Division of Air Quality
(TRES/RPD)
PO Box 40420
Charleston, WV 25364

Online

Pay with credit card or ACH at dep.wv.gov/payDEP. Credit card payments have a 2.25% service charge.

Phone

Pay with credit card by contacting DEP Accounts Receivable at (304) 926-0499 x41195. DEP accepts Visa and MasterCard only. You must have the facility ID and invoice number available for payment.

Certificate to Operate (CTO) Invoices

Non-Title V Sources

CTO fees are determined based on the facility/source category fee from 45CSR22.

Certificates to Operate

A Certificate to Operate will be issued once full payment (including any applicable penalty fees) has been received.

Facility Information Corrections

The facility name cannot be changed without submittal of a name change cover document and a letter from the permittee. Forms, sample letters and additional information can be found at https://dep.wv.gov/daq/permitting/Pages/Change-of-Ownership

Corrections and updates to contact information and mailing addresses may be made by emailing changes to dep.airqualityfees@wv.gov

Submitting Payment for a CTO Invoice

Mail

Mail payment and lower portion (payment coupon) of the original CTO invoice to:

Department of Environmental Protection
Division of Air Quality
(TRES/RPD)
PO Box 40389
Charleston, WV 25364

Online

Pay with credit card or ACH at dep.wv.gov/payDEP. Credit card payments have a 2.25% service charge.

Phone

Pay with credit card by contacting DEP Accounts Receivable at (304) 926-0499 x41195. DEP accepts Visa and MasterCard only. You must have the facility ID and invoice number available for payment.

Rules and Laws

Resources

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Report an Emergency

Imminent Danger: 911
Official Emergency Spill Report
1-800-642-3074
Non-Emergency
1-304-926-0499

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