OAR Policy and Guidance Metarecord
Reissuance of Guidance on Agency Review of State Fee Schedules for Operating Permits Guidance Under Title V
|Signed by: John Seitz
Signature Date: August 4, 1993
Information Transfer and Program Integration Division (OAQPS)
Policy & Guidance Memossions of the CAA in addition to Title V are considered permit program costs only to the extent the activities are necessary for Part 70 purposes. For example, if a State implementation plan (SIP) provision required that the PA perform or review a modeling demonstration of a source's impact on ambient air quality as part of the permit application process, the PA's costs which arise from the modeling demonstration (which are ordinarily not permit program costs) must be covered by permit fees. Case-by-case MACT determinations under §112(g) are considered permit program costs, including the issuance of notices, findings, and letter of violation, as well as development of a referral to prosecutorial agencies of enforcement cases' program costs, even if the determination preceded the issuance of the Part 70 permit.
Enforcement costs incurred prior to the filing of an administrative or judicial complaint are considered permit
Permit fees do not need to cover the costs of implementing and enforcing "State-only" conditions. Title V fees must cover the costs of implementing and enforcing not only Title V permits, but also of any other permits required under the CAA, regardless of when issued.