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Title V Annual Fees

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Title V Annual Fees

Need clarity on our Title V Fees? 

** Click here for a Title V Fees Explanation

Fee Structure for Fees Due in 2021

On December 11, 2019, the Tennessee Air Pollution Control Board approved revisions to the Title V annual fees that will be due in 2021. A public hearing on the proposal was held on November 25, 2019. The new fee structure is found below, and includes changes to the base fee, minimum fee, and dollar per ton fees. The revised rule can be found here.

Current Fees

Calculate the Emissions Fee based on an Actual or Mixed Emissions basis using the following rates.

Allowable Emission Fee Rates:

$40.20 / Chargeable Ton of Emissions for non-EGU sources

$57.00 / Chargeable Ton of Emissions for EGU sources

Actual Emission Fee Rates:

$64.20 / Chargeable Ton of Emissions for non-EGU sources

$90.00 / Chargeable Ton of Emissions for EGU sources

ADD to the above calculated Emissions Fee the following Base fee.

Base Annual Title V Fee: $5,000

Compare the Sum of Emissions Fee & Base Fee to the following Minimum Fee.

Minimum Annual Title V Fee: $9,000

PAY the HIGHER  of either Minimum Fee  OR  Sum of Emissions Fee & Base Fee

 

 

Forms

For 2021 fees and beyond, the Division is implementing a new AEAR (actual emissions analysis required) submission process through the online application SLEIS (State/Local Emissions Inventory System). AEAR reports must be submitted electronically via SLEIS. The Division will initiate the registration process with only those facilities subject to AEAR requirements (sources currently paying fees on an actual or mixed basis). Training will be announced in advance by email to the facilities as it is scheduled.

Title V Fee Choice Election Form

  1.  Downloaded the form and instructions 
  2.  Complete data entry into the PDF fillable form
  3.  Save the form as a Non-Fillable PDF document
  4.  Email the form to Air.Pollution.Control@tn.gov

Federal Requirements for Title V Annual Fees

Title V of the Clean Air Act (CAA) and its implementing regulations in 40 CFR Part 70 require the Division of Air Pollution Control to operate a Title V Operating Permit Program. Paragraph 502(b)(3) of the CAA and 40 CFR 70.9 require the collection of fees sufficient to fully fund the program. The proposed methods for implementation and the evidence of financial adequacy to implement and operate a federally approved CAA Title V Operating Permit Program (Title V Program) are described herein.

The CAA Amendments of 1990 included many changes and substantive differences in the body of regulations that comprise the CAA. None are as far reaching in effect as the regulations that detail the procedures for an operating permit program for air contaminant sources and for assessment and collection of fees to allow the regulated sources to pay for the permitting related activities. Each permitting authority identifies, inventories, assesses, and issues permits to all affected sources. Title V fee collection must provide the means for each state air pollution program or permitting authority to fully fund Title V work efforts.

The Division of Air Pollution Control is responsible for permitting air contaminant sources in Tennessee. Upon review and acceptance of the Title V permitting program by the Environmental Protection Agency (EPA) on
August 28, 1996,  the Division became the State’s major source Title V permitting authority in 91 of 95 counties in Tennessee. Davidson, Hamilton, Knox and Shelby counties have local air pollution control programs that operate under Certificates of Exemption from the Tennessee Air Pollution Control Board. These agencies regulate the Title V sources within their jurisdictions that are not owned by the State of Tennessee, and their activities are not addressed in this plan. TDEC retains the permitting authority for state-owned sources in these counties.

Proposed changes to Title V Fee Rule

 

The Department of Environment and Conservation has proposed amendments to the Title V Fee Rule.  That proposal and a public hearing notice can be found here.  The redline/strikeout of that notice that shows the proposed changes to the rule can be found here.  A copy of the draft Title V Workload Analysis that supports the proposal can be found here.

Stakeholder Webinars/Meetings

Stakeholder meeting are done via WebEx webinar. Click here for instructions on how to access WebEx.

Date Time Topic Meeting Number Meeting Password Materials
 
Oct.  06 1:00 pm Title V Fees - Update 2309 382 0565 rAkcsQ2mm64 presentation comments

Archived Materials

Fee Structure for Fees that were due in 2020

Calculate the Emissions Fee based on an Actual or Mixed Emissions basis using the following rates.

Allowable Emission Fee Rates:

$33.50 / Chargeable Ton of Emissions for non-EGU sources

$47.00 / Chargeable Ton of Emissions for EGU sources

Actual Emission Fee Rates:

$53.50 / Chargeable Ton of Emissions for non-EGU sources

$75.00 / Chargeable Ton of Emissions for EGU sources

ADD to the above calculated Emissions Fee the following Base fee.

Base Annual Title V Fee: $4,000

Compare the Sum of Emissions Fee & Base Fee to the following Minimum Fee.

Minimum Annual Title V Fee: $7,500

PAY the HIGHER  of either Minimum Fee  OR  Sum of Emissions Fee & Base Fee

Fee Rules & Revisions

2019 Fee Rules

Final 2019 and 2020 Title V Fee Rule
Official Rule

2019 Workload Analysis

2020 Workload Analysis

 

 

The Division’s efforts to include Stakeholders

In 2016, the Tennessee Division of Air Pollution Control (APC) initiated a stakeholder process to assist in the development of revisions to our Title V fee regulations. This stakeholder process continued through 2017, and several changes were made to the Title V fee regulations as a result.  These changes included adjusting the dates annual emission fees are due (effective for fee collection year 2018); implementation of a $4,000 base fee in conjunction with the existing dollar per ton fees and $7,500 per year minimum fee (effective for fee collection year 2019); and increases in the dollar per ton fees (also effective for fee collection year 2019).

In 2018, the Division was investigating the need for further revisions to Title V annual emission fees and for ways to increase non-Title V revenue. To do this, we were seeking involvement from both Title V and non-Title V stakeholders. Non-Title V annual emission fees, conditional major permit review fees, and smoke school fees have not changed since 2011.

Archived Presentations, Comments and Materials

2019

Date Time Topic Meeting Number Meeting Password Materials
 
Oct.  23 1:00 pm Title V Fees - New Rule Proposal 645 671 821 WqQPk3us presentation comments

2018

2019 Fee Analysis Materials
User Guide
Workbook
Date Time Topic Meeting Number Meeting Password Materials
April 23 1:30 pm Title V Fee Kickoff Webinar 645 079 566
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presentation
May 8 9:30 am Title V Fee 2nd Webinar - (postponed)      
May 18 9:30 am Title V Fee 2nd Webinar - (rescheduled)
312 036 075
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presentation
June 13 1:30 pm Title V Fee 3rd Webinar
640 609 542
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presentation

2017

2016

Title V annual emission fees are largely based on the amount of actual and allowed emissions from Title V sources. Both federal and state statutes and regulations require that the state’s Title V program be fully funded by Title V facilities. Due to a number of factors, including tighter air quality regulations, retirement of large emitters of air pollutants, and the general trend towards cleaner-burning fuels, actual and allowable emissions from sources in Tennessee have dropped significantly in recent years and will continue to do so for the next couple of years. Unfortunately, this drop in emissions does not equate to a similar reduction in the workload of the Division. As a result, APC projected a shortage in the revenue needed to fund Tennessee’s Title V program starting in fiscal year 2019, and initiated a stakeholder process in 2016 (that continued through 2017) to develop ways to address this shortfall. The resulting changes included adjusting the dates annual emission fees are due (effective for fee collection year 2018); implementation of a $4,000 base fee in conjunction with the existing dollar per ton fees and $7,500 per year minimum fee (effective for fee collection year 2019); and increases in the dollar per ton fees (also effective for fee collection year 2019). Additional information about the previous fee projects, including stakeholder involvement, can be found on the Title V annual emission fee page. 

Another increase in revenue is predicted to be needed to adequately fund the Title V program in 2020 and beyond. In 2018, the Division is investigating the need for further revisions to Title V annual emission fees, and is simultaneously looking at non-Title V revenue adequacy. To do this, we are again seeking involvement from stakeholders.