Georgia Environmental Protection Division (GEPD) is planning a big increase in annual air permit and application fees. Title V permit fees could increase approximately 30%. Permit application fees could increase approximately 50%. These fee increases must be set through the rulemaking process, which hasn’t formally started yet. GEPD will likely seek to get the fee increases approved in spring 2025 so that they can be effective when the new state fiscal year begins on July 1, giving permittees sufficient time to prepare the annual permit fee invoices that are due September 1.
Expedited permitting fees have already been increased by 100%. On December 20, 2024, the GEPD Director approved final changes to the program. These changes were not required to go through rulemaking and the final procedures have been posted on GEPD’s website.
The Georgia Environmental Protection Division (GEPD) began collecting air permit fees under the Title V air permitting program in 1992 (for CY1991 emissions). The initial fee rate was set at $25 per ton of regulated pollutant (PM, VOC, NOX, and SO2) emissions, capped at 4,000 tons for each pollutant. There were no NSPS fees, Title V minimum fees, synthetic minor fees, application fees, expedited permitting fees, or any other air permit fees. These additional fees were introduced later.
When the Clean Air Act was amended in 1990 it included a federal air operating permit program (Title V) for the first time. Section 502(b)(3) mandated that the states collect fees from permittees to cover the costs of the permit program. Federal and state law [see O.C.G.A 12-9-10(h)] allow the fees to cover all reasonable direct and indirect costs required to support the permit program. At present, the Title V permit fees collected by GEPD fund 102 positions in GEPD. However, as air emissions (and associated fee collections) continue to decrease while costs increase, GEPD is anticipating a budget shortfall, and they are planning an increase in the fees to address this shortfall.
The issue of states seeing decreases in air emissions (and associated fee collections) while costs increase is not unique to Georgia. U.S. EPA Region 4 (EPA R4) did a program evaluation of GEPD’s Title V program in 2023. In regard to the Title V permits fees, EPA R4 made the following observation, “As with other permitting authorities within [EPA R4], [GEPD] reports a steady decline in billable emissions as new rules, cleaner fuels, and use of control technologies have reduced emissions. In addition, regulatory complexity of numerous sources, inspection requirements, and public engagement have increased. To counter this, [GEPD] meets annually (around March) with the Department of Natural Resources (DNR) board as well as an established stakeholder group (i.e., representatives from industry) to determine what changes, if any, need to be made to EPD’s fee structure.”
Annual Air Permit Fee and Application Fee Increases
The current annual permit fees for 2024 (for CY2023 emissions) are shown in Table 1 along with GEPD’s planned fee increase.
Table 1. Annual Permit Fees and Possible Increases
| Annual Permit Fee Type | Current Fee Amount | Adjusted Fee Amount | % Increase | NSPS Fee | $1,900 | $2,470 | 30% | Synthetic Minor Sources Fee | $2,100 | $2,730 | 30% | Title V Sources – Maintenance Fee | $650 | $1,300 | 100% | Title V Sources – Minimum Fee | $4,500 | $5,850 | 30% | Title V Sources – $ per ton of emissions (PM, VOC, NOX, and SO2) | $37.34/ton (coal EGU) | $45.37 | 21.5% | Title V Sources – $ per ton of emissions (PM, VOC, NOX, and SO2) | $35.50/ton (all others) | $43.13 | 21.5% |
GEPD collects approximately $9 million per year from these annual permit fees. With the possible new fee amounts, GEPD is estimating an increase of nearly $2.5 million per year.
GEPD also collects application fees for most of the air permit applications that the agency reviews. The current permit application fees are shown in Table 2.
Table 2. Current Permit Application Fees
| Permit Application Type | Current Application Fees | Generic (Minor or Synthetic Minor) Permit | $0 | Title V Renewal | $0 | Off-Permit Change Request | $0 | No Permit Required Exemption | $0 | Minor Source Permit or Amendment | $500 | Name / Ownership Change | $500 | Permit-by-Rule | $500 | Synthetic Minor Source Permit or Amendment | $2,000 | Title V Minor Modification with Construction | $4,000 | Title V Minor Modification without Construction | $4,000 | Title V Significant Modification with Construction | $4,000 | Title V Significant Modification with Construction | $4,000 | Title V 502(b)(10) Permit Amendment | $4,000 | Major Source Permit not PSD or 112(g) | $4,000 | PSD Permit | $15,000 | 112(g) Permit | $15,000 |
GEPD hasn’t released any information on specific increases for any of these application fees yet, but they have indicated that they are looking at proposing an increase of approximately 50% for each application type. GEPD collects approximately $500 thousand per year from these permit application fees. With the possible new fee increases, GEPD is estimating additional fee collections of approximately $340 thousand per year.
These annual permit and application fee increases are solely tentative at this point. For GEPD to increase their permit and application fees they must go through a formal rulemaking process that includes briefing the Board of Natural Resources at their public meeting, a 30-day public comment period, and approval from the Board of Natural Resources at another public meeting. GEPD will likely seek to get the fee increases approved before summer 2025 so that they can be effective when the new state fiscal year begins on July 1, which will give permittees sufficient time to prepare the annual permit fee invoices that are due September 1 for the previous calendar year.
Expedited Permitting Fees Increased by 100%
GEPD has been running an Expedited Permitting Program since 2013. The program is designed to ensure a quick permitting timeframe in return for the payment of a fee by the permit applicant with the fee being used to offset the cost of expediting the permit application. This program is optional. While GEPD puts a priority on the processing of the applications in the program with specific target dates for each application type, it does not guarantee issuance within those, or any, timeframes.
State law in O.C.G.A. 12-2-2(c)(1)(A) gives authority to the GEPD Director to implement, and change, the program, including setting the fee amounts directly, without going through rulemaking, public notice or approval from the Board of Natural Resources. On December 20, 2024, consistent with O.C.G.A. 12-2-2(c)(1)(A), the GEPD Director approved changes to the program without going through rulemaking, public notice or approval from the Board of Natural Resources and the procedures for the updated program have been posted to their webpage. The changes include a 100% increase in the processing fee for each application type in the program. Table 3 shows the Expedited Permitting Program fee increases from 2024 to 2025 for each application type.
Table 3. Expedited Permitting Program Fee Increase from 2024 to 2025
| Permit Type | 2024 Fees | New Fees January 1, 2025 | Generic (Minor or Synthetic Minor) Permit | $1,250 – $2,500 | $2,500 – $5,000 | Minor Source Permit or Amendment | $3,750 | $7,500 | Synthetic Minor Source Permit or Amendment | $5,00 | $10,000 | Title V Minor Modification with or without Construction | $5,000 | $10,000 | Title V 502(b)(10) Permit Amendment | $5,000 | $10,000 | Title V Significant Modification with or without Construction | $7,500 | $15,000 | Major Source Permit not PSD or 112(g) | $7,500 | $15,000 | PSD Permita | $18,750 – $37,500 | $37,500 – $75,000 | 112(g) Permit | $18,750 | $37,500 | a. Cost varies based on modeling complexity |
GEPD collects approximately $480 thousand per year from these expedited application fees. With the new fee increases, GEPD is estimating that fee collections will double to approximately $960 thousand per year.
What Should Georgia Air Permittees Do?
Air permittees, particularly those with Title V permits or those planning any air permit modifications, should begin planning for a significant increase in those fees. Permittees may also consider participating in the public comment process regarding these fee increases either on their own or through membership in any relevant industry association.
Air permittees looking for assistance with upcoming permit applications or guidance in navigating these fee increases, please contact our Atlanta, Georgia office.
