Application and review fees

Application and review fees. (1) Basic direct source fees. (a) Each person submitting an application for an individual construction permit for a direct source, other than an individual construction permit solely to establish emission reduction credits, shall pay the applicable basic fee under this paragraph and shall submit a $10,000 initial fee with the application. The initial fee shall be subtracted from the final fee required under this section and may not be refunded, except as provided under sub. (4) . If the department determines that a permit is not required, the individual permit application shall be treated as an application or request under par. (b) , and the appropriate fee under par. (b) shall be charged. In the event that an applicant chooses to apply for coverage under either a general or registration construction permit, the individual permit application shall be treated as an application or request under par. (am) or (as) and the appropriate fee under par. (am) or (as) shall be charged. The basic fees are as follows: 1. $3,600 if the application is not reviewed under ch. NR 405 or 408 , and the application is for a new facility or for an emissions unit to be located at a minor source. 2. $9,000 for a modification not defined as major under s. NR 405.02 (21) or 408.02 (20) , when the application is for an emissions unit to be located at a major source as defined under s. NR 407.02 (4) . 3. $14,400 for a major modification as defined under s. NR 405.02 (21) or 408.02 (20) , unless the emissions unit is a major stationary source as defined under s. NR 405.02 (22) or a major source as defined under s. NR 408.02 (21) . 4. $19,200 for a major stationary source as defined under s. NR 405.02 (22) or a major source as defined under s. NR 408.02 (21) . 8. $14,400 per air contaminant regulated under a plant-wide applicability limitation, when establishing a plant-wide applicability limitation under s. NR 406.035 (1) . 9. $7,200 for the increase of a plant-wide applicability limitation under s. NR 405.18 (11) or 408.11 (11) . 10. $7,200 for the distribution of allowable limits upon expiration of a plant-wide applicability limitation under s. NR 406.035 (2) . (ac) Each person requesting an individual construction permit solely to establish emission reduction credits shall submit one of the following fees with the request: 1. $7,500 if the facility is a major source as defined under s. NR 407.02 (4) . 2. $2,500 if the facility is not a major source as defined under s. NR 407.02 (4) . (ae) Each person requesting a revision of a construction permit shall pay a fee of $ $2,500 submitted with the request, unless the only reason for the revision is to make the source eligible for a registration operation permit. (am) Each person applying for coverage under a general construction permit issued for a part 70 source under s. NR 406.16 shall pay a fee of $3,000 which shall be submitted with the application for coverage. (as) Each person applying for coverage under a registration construction permit issued for a part 70 source under s. NR 406.17 shall pay a fee of $1,500 which shall be submitted with the application for coverage. (b) Each person submitting a claim of, or an application for exemption, or otherwise requesting a determination of exemption under ch. NR 406 shall pay the following applicable fee which shall be submitted with the claim, application, or request: 1. $2,200 for a determination of exemption under s. NR 406.04 (1) (i) . 2. $1,800 for a determination of exemption under s. NR 406.04 (1f) for a modification to a stationary source that is regulated by a plant-wide applicability limitation, except that if a detailed air quality modeling analysis of the projected air quality impact is completed, the fee shall be $2,900. 3. $5,500 for a determination of exemption under s. NR 406.04 (1k) , except that if a detailed air quality modeling analysis of the projected air quality impact is completed, the fee shall be $6,500. 3m. Any person submitting a claim for a construction permit exemption under s. NR 406.04 (1q) shall pay a fee of $2,200 submitted with the claim. 4. $1,400 for a determination of exemption under s. NR 406.04 not included under subd. 1. to 3m. (bm) Any person requesting a waiver of construction permit requirements under s. 285.60 (5m) , Stats., or s. NR 406.03 (2) shall submit under s. 285.69 (1d) , Stats., a $300 fee with the request. The fee is non-refundable. (e) When a construction permit application is received for a source where the basic emissions unit, that is not a portable source, is to be installed at one specified facility and, in the same application, a request is also made to issue construction permits to allow installation of the same basic emissions unit at other facilities at different locations and all the facilities for which construction permits are requested are under common ownership or control, the permit applicant shall pay the basic fee specified under par. (a) plus the additional fees under sub. (2) . The fee for each additional construction permit at different locations shall be $1,200 each, plus the fees under sub. (2) except when the action specified under sub. (2) has been completed for one location and a separate action as set forth under sub. (2) is not required for each additional permit at each different location. When an action covered under sub. (2) must be completed for applications at more than one location, the fee under sub. (2) shall be charged for each time the action is completed. (2) Additional direct source fees. Each person submitting an application for an individual construction permit, other than a construction permit solely to establish emission reduction credits, or construction permit revision for a direct source shall pay all of the following additional fees that apply: (a) $1,200 per basic emissions unit if review and analysis of 2 or more basic emissions units is required. (b) $3,000 if an analysis of alternatives under s. NR 408.08 (2) is required. (c) $6,000 if an emission offset under ch. NR 408 or the determination of a net emissions increase under ch. NR 405 is required. (d) $4,500, for each case-by-case determination of maximum achievable control technology (MACT), best available control technology (BACT) or lowest achievable emission rate (LAER). This does not apply to BACT or LAER determinations made under ch. NR 445 . (e) $1,800 for a minor source or minor modification to a major source whose projected air quality impact requires a detailed air quality modeling analysis. (f) $5,400 for any source, other than a minor source or minor modification to a major source, whose projected air quality impact requires a detailed air quality modeling analysis. (g) $1,200 if the source is subject to an emission limitation under chs. NR 446 to 469 , or if the permit establishes an emission limit for a hazardous air contaminant listed in Table A, B or C of s. NR 445.07 . (h) If the construction permit requires emission testing, $3,000 for the first air contaminant tested and $1,500 for each additional air contaminant tested up to a maximum of $7,200. If the department later finds that some or all of the tests are not required, the corresponding fees shall be refunded. (i) $1,800 if an environmental analysis under ch. NR 150 is required. (j) $2,000 if a public hearing is held. (k) $1,200 for each basic emissions unit at a source that requires an emission limit determination under s. NR 424.03 (2) (c) . (L) $2,400 for each case-by-case determination of BACT or LAER required under ch. NR 445 . If the department makes a single BACT or LAER determination addressing the control of multiple air contaminants, the source shall be billed for only one BACT or LAER determination under this paragraph. (m) $4,200 if specific permit conditions limiting the potential to emit are required to make the source a minor source or to make the modification a minor modification. (n) $4,200 for a medical waste incinerator requiring review of a needs and siting analysis under s. 285.63 (10) , Stats. (p) $2,000 for the requirements of a consent decree to be incorporated into a construction permit or construction permit revision. (4) Payment and refunds. (a) When the amount due with an application or request is less than the final fee, the department shall bill the applicant for the balance due when a final decision is issued or upon a determination that no further action will be taken on the application. For a determination of no further action, the final fee shall include an amount for work completed under subs. (1) to (2) , except that the final fee for a small business, as defined in s. 227.114 , Stats., shall only be the initial amount due with the application or request. The balance due shall be paid within 30 days of the date of the billing statement. (b) The department may refund all of, or a portion of, the fee submitted with an application or request for a direct source, in the following situations and amounts: 1. If, upon review of an individual permit application for a direct source, the department determines that the source is exempt from the need to obtain the permit, the difference between the initial application fee and the appropriate amount in sub. (1) (b) . 2. If an applicant for an individual permit for a direct source that is a part 70 source requests that the application be processed as an application for coverage under either a general or registration construction permit, the difference between the initial fee submitted with the individual permit application and the appropriate amount in sub. (1) (am) or (as) . 3. If the initial application fee is greater than the final fee, the difference between the application and final fees. 4. If an applicant for an individual permit for a direct source that is a non-part 70 source requests that the application be processed as an application for coverage under either a general or registration construction permit, the full initial fee submitted with the individual permit application. (c) The department shall determine the basic direct source fees under sub. (1) and additional direct source fees to be charged under sub. (2) based on the following requirements: 1. For individual construction permits, other than construction permits solely to establish emission reduction credits under s. NR 408.06 (7) , the initial application fee shall be the fee in effect at the time the application is received, and all other applicable fees shall be the fees in effect at the time a final permit decision or determination of no further action is made. 2. For individual construction permits solely to establish emission reduction credits under s. NR 406.06 (7) , the applicable fee shall be the fee in effect at the time the application is received. 3. For construction permit revisions and exemptions, the applicable fees shall be the fees in effect at the time the application is received. (5) Fee adjustment. (a) The department shall increase the fee amounts required under subs. (1) (a) , (ac) , (ae) , (b) , and (e) and (2) every 4 years by a percentage equal to the total percent increase in nonrepresented general wage adjustments included in the 2 most recently approved biennial state compensation plans. (b) The initial adjustment of fees under par. (a) shall take effect on July 1, 2030, based on general wage adjustments included in the 2027-2029 and 2029-2031 state compensation plans, and on July 1 every 4 years thereafter. (c) Fees revised under par. (a) shall be rounded up to the nearest 50 dollars. (6) Reports. (a) Beginning in 2027, the department shall annually prepare and make public a report describing the condition of the financial account funded by the fees assessed under this section. This report shall be completed by July 1 of each year and include a 5-year projection of future revenues, expenses, and account balances. (b) By September 30, 2027, as part of fulfilling the obligations of the department under s. 285.60 (10) , Stats., the department shall prepare and make public a report describing the streamlining measures the department has completed or intends to undertake supported by the fees assessed under this section. The report shall include, at a minimum, department progress on all of the following: