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Title V Fees

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Title V Annual Emission Fees

Need clarity on our Title V Fees? 

** Click here for a Title V Fees Explanation

Proposed Revisions

The Tennessee Air Pollution Control Board has proposed revisions to the Title V permit fees.  A public
hearing on the proposal is scheduled for 9:30 A.M. CST on Monday, November 25th, in Conference Room D, 3rd Floor of the William R. Snodgrass Tennessee Tower, 312 Rosa L. Parks Avenue, Nashville, Tennessee, 32243. A copy
of the public notice and the proposed rule change can be found here.  A strikeout/underline version of the rule revision can be found here.  The presentation regarding the proposal that will be given to the Air Pollution Control Board 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:

$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

 

 

Forms

Title V Fee Emissions Summary Form

  1.  Download the appropriate version for your facility (Non-EGU or EGU) 
  2.  Complete your emissions summary data entry into the form
  3.  Print the form as a PDF formatted document (create PDF from paper print if needed)
  4.  Email the PDF form with the signed AEAR documentation to APC.Inventory@tn.gov

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.

The Division’s recent adjustments to the structure of the Title V Annual Fees

Title V annual 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. During this same period, the Division’s expenses have increased due to inflation and increases in salaries as a result of the Tennessee Excellence in Accountability Management Act (or TEAM Act) adopted by the Tennessee General Assembly in 2012. 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 new Title V Fee structure (effective for fee collection year 2019); and increases in the dollar per ton fees (also effective for fee collection year 2019).

Another increase in revenue is predicted to be needed to adequately fund the Title V program in 2020 and beyond. In 2018, the Division investigated the need for further revisions to Title V annual emission fees, and simultaneously looked at non-Title V revenue adequacy. Stakeholder involvement was sought after by the Division for this process. 

The Tennessee Department of Environment and Conservation has withdrawn the proposed Title V and Non-title V fee rules discussed at the September 2018 board meeting.

Fee Rules & Revisions

2019 Fee Rules

Final 2019 and 2020 Title V Fee Rule
Offiicial Rule

2019 Workload Analysis

2020 Workload Analysis

 

 

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.  23 1:00 pm Title V Fees - New Rule Proposal 645 671 821 WqQPk3us presentation comments

2021/22 - Proposed Future Rules

2021 Title V Fees Tool                                          2022 Title V Fees Tool                             Draft 2020/21 Workload Anaylsis

Oct. 9 - Board Briefing Presentation

 

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

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.