Air Fee Schedule
The NDEP Air Program is proposing a regulatory change to amend its fee schedule.
If approved by the State Environmental Commission and Legislative Commission, the new schedule for maintenance fees and administrative renewal process and fees would be effective on January 1, 2020. The new schedule for all other application fees would be effective on July 1, 2020.
The change seeks to update the Program’s approach to how fees are assessed, and to redistribute the fees across the regulated industry to reflect workload and resources required to implement NDEP’s Air Program.
Ultimately, the change will allow the Air Program to respond to present and future challenges in the regulated industry, to continue preserving and promoting air quality, and to maintain a vibrant economy in Nevada.
The NDEP Air Program previously held a webinar on Tuesday, August 6, 2019 and on Wednesday, August 21, 2019 to describe in detail the proposed changes in fee schedule.
The NDEP Air Program also conducted a workshop on September 5, 2019 to introduce the proposed regulatory changes.
- Proposed Regulation of the State Environmental Commission (Draft)
- Changes to the Proposed Regulation from Regulated Industry and Stakeholder Outreach Efforts Fact Sheet
The Air Program fee schedule has been organized around three main categories of fees for the last 15 years:
- Application Fees – based on the type of application;
- Emission Fees – only for major sources and based on the actual tonnage of criteria pollutants emitted by the stationary source;
- Maintenance Fees – generally based on the total amount of allowed emissions of criteria pollutants.
Over the years, adjustments to the fee structure and schedule have been adopted to keep up with the changes occurring in the regulated industry driven by technological factors, but also by new more restrictive environmental standards and regulations. The last amendment to fees was in 2006; since then fees have not been significantly amended.
In 2017, permitting requirements for Class III and Class IV stationary sources were eliminated, reducing the regulatory burden and associated resources of the Air Program, for 300 small businesses.
The Air Program is proposing to:
- Eliminate emission fees. This approach has become outdated because of the large improvement in air quality and reduction in emissions due to tighter air quality standards and better control technologies.
- Structure application fees for both major and minor sources proportionally to the number of emission units that are included in the application. This provides for an equitable distribution of costs associated with operating permit application processing.
- Modify maintenance fees to closer reflect the costs associated with the maintenance of the operating permit, which include administration, compliance, planning and rule development, data information services, and ambient air monitoring.
- In particular, the Air Program seeks a redistribution of maintenance fees that is not solely based on the allowable emissions, as in the current regulation. But, is also based on the number of emission units regulated by the operating permit and the size of any disturbed area.
For a more detailed description, view the corresponding fact sheets:
- Class I Major Stationary Sources and Major Sources Fee Fact Sheet
- Class II Minor Sources Fee Fact Sheet
- Surface Area Disturbance and General Permits Fee Fact Sheet
For any questions, comments, or concerns, please email AirComments [at] ndep.nv.gov.