Overview of Proposed Air Permit Fee Increases

The Wisconsin Department of Natural Resources (WDNR) has proposed revisions to its air permit fee structure, anticipated to take effect mid-2025. The proposed changes will impact businesses applying for construction permits. Additionally, the fees for Title V operating permits are expected to increase. These updates are intended to better align permitting fees with the actual cost of regulatory oversight and compliance enforcement.

The adjustments are part of a broader effort by the WDNR to maintain program efficiency, support increased staffing needs, and meet evolving federal environmental requirements. This article outlines the proposed changes and discusses what regulated entities in Wisconsin should consider as they prepare for implementation.

Construction Permit Fee Updates

Businesses constructing or modifying emission units will be affected by the updated construction permit fees. Under the proposal the Initial Application Fee will be increased from $7,500 to $15,000, due at the time of application submittal. The Additional Construction Permit Fees, which are billable upon Final Permit Decision, are also increased. Overall, construction permit fees are expected to almost double. These changes reflect the growing complexity of permit reviews and the increasing demand for resources to ensure compliance with air quality standards. WDNR intends to add additional permit writers with the revenue generated from these increased fees, which are expected to take effect in Summer 2025.

Title V Operating Permit Fee Revisions

The current Title V operating permit fees are based on the fee structure below:

• Base Fees (Annual):
  • <10 tons: $900
  • 10–25 tons: $1,200
  • 25–50 tons: $1,600
  • 50–80 tons: $2,300
  • 80 tons: $3,000

“Per-Ton” Emission Fee: A $35.71/ton charge for each ton of billable pollutant emitted, up to 5,000 tons per pollutant. Facilities emitting fewer than five tons total are exempt from the per-ton fee.

2025 Senate Bill 45 (i.e., the Governor’s Budget), proposed to increase the “per-ton” emission fee to $63.69 per ton of emissions.

Why the Change?

The WDNR has proposed these air permit fee revisions in response to several growing needs within the air permitting program. Rising administrative and staffing costs have made it increasingly difficult to maintain timely permit processing and effective compliance monitoring under the existing fee structure. Additionally, the WDNR has emphasized the need to invest in more robust air quality analysis and regulatory enforcement, particularly as federal standards evolve. Inflation, which has not been adequately accounted for in previous fee adjustments, also played a significant role in prompting this update. By aligning fees with the actual costs of oversight, the WDNR aims to ensure Wisconsin’s continued compliance with the Clean Air Act while sustaining a well-functioning permitting system.

What Businesses Should Do

Businesses should begin preparing now for the upcoming fee changes. Companies are encouraged to review the proposed fee schedule closely and assess how these changes may impact ongoing or future projects. It is advisable to incorporate the revised costs into operational budgets and permitting timelines to avoid unforeseen delays. Submitting applications early may also help facilities avoid backlogs as the rule changes approach implementation. Proactive engagement will be key to navigating the transition smoothly and maintaining regulatory compliance.

Additional Resources

If you have any questions about the proposed air permit fee changes or how they may impact your facility, please contact the Wisconsin office at 262.200.0200. Our team is available to assist you in understanding permit requirements and the associated fees.