Air Pollutant Emission Notice (APEN) Filing Fee: A $152.90 filing fee is required for each APEN submitted, including Air Pollutant Emission Notices (APENs) submitted for administrative changes (e.g., changes in ownership, change in location).
Annual Emission Fee: State law requires all sources which are required to file Air Pollutant Emission Notice to pay an annual fee. The fee is based on the total annual emissions as reported on the most current Air Pollutant Emission Notice the Division has on file. Invoices for these fees will be mailed in May or June of each year. Current annual fees are $22.90 for each ton of criteria pollutants emitted and $152.90 for each ton of hazardous air pollutants emitted. These fees are subject to change by the legislature on a yearly basis. Annual emission fees are administered by the Inventory and Support Unit.
Permit Processing Fee: In addition to the Air Pollutant Emission Notice (APEN) filing fee and annual fee, the Division is required by law to recover the costs of operating the permitting program by charging applicants a processing fee. This fee is based on the amount of time it takes the Division to process the application according to an hourly rate and including costs such as publication of public notice. Processing fees are $76.45 per hour. The final approval fee includes the total of all costs associated with enforcement of the construction permit, compliance testing, and other costs as required for processing the permit. Processing fees are charged for both initial and final approval permits, modifications, requested administrative changes and transfer of ownership. State law requires the Division to notify applicants in writing if total processing time (initial plus final) is anticipated to exceed 30 hours. In such cases, the Division must provide the applicant with an estimate of the projected processing time. Applicants may waive this notice requirement in writing when an application is submitted, if desired.
Q. How are the invoiced amounts of pollutants determined?
A. They are based on the latest Air Pollutant Emission Notice on file with the Air Pollution Control Division.
Q. How do I appeal the invoiced amount or address questions concerning my invoice?
A. An appeal must be submitted in writing within 30 days of the invoice date in order to stop the deadline process and eventual collections activities. Questions about the invoice can be submitted in a letter or a call can be made to the Air Pollutant Emission Notice hotline at (303) 692-3210.
Q. What period of time does the invoice cover?
A. Generally, the invoice is for emissions generated during the previous calendar year.
Q. What if the facility was sold during the invoiced year?
A. Sale of a facility requires the submission of a revised Air Pollutant Emission Notice (including filing fees) documenting the transfer of ownership. The previous and new owner can decide among themselves how to prorate the fee or each can submit a revised Air Pollutant Emission Notice (including filing fees) documenting emissions for their period of responsibility.
Q. What if the facility closed prior to the invoiced year?
A. An annual fee invoice may be cancelled if no operation occurred that year provided a request in writing is submitted to cancel the APEN . Additional information about source closure procedures is provided below.
Q. Some of the pollutants are listed only as numbers, what are they?
A. Hazardous air pollutants are designated on the invoice by their Chemical Abstract Service number. The list of the chargeable pollutants found in Appendix C of Regulation No. 3 contains these Chemical Abstract Service numbers. These can also be identified in numerous chemical references or by calling the Air Pollution Control Division.
If you are closing down an air pollution emissions source you may wish to have it removed from the inventory. This will avoid further annual fees for those emissions. If the source is to be permanently closed (i.e. dismantled) you will need to notify the Air Pollution Control Division in writing to have it removed and have all associated permits cancelled. Please be specific as to the equipment and permits that are to be cancelled. No filing fee is required to cancel a source; if the source is ever reopened it will require all new Air Pollutant Emission Notices and if the permit was cancelled, permits just as if it had never been permitted before. If a source is to be closed temporarily, you may cancel the APEN and keep the permit. However, a new Air Pollutant Emission Notice (including filing fees) will need to be filed prior to re-start, showing expected emissions for the coming year.