310 CMR 4.03 - Annual Compliance Assurance Fee
TABLE 4.03
ANNUAL FEE (dollars) |
PERMIT CATEGORY |
ENVIRONMENTAL RESULTS PROGRAM |
|
$305 |
Dry Cleaner Certifier required pursuant to 310 CMR 70.00: Environmental |
Results Program Certification, effective August 8, 2013 |
|
$215 |
Photo Processor Certifier required pursuant to 310 CMR 70.00: Environmental Results Program Certification who discharges to a publicly owned treatment works facility excluding a discharger to the Massachusetts Water Resources Authority, effective August 8, 2013 |
$60 |
Photo Processor Certifier required pursuant to 310 CMR 70.00: Environmental Results Program Certification who discharges to the Massachusetts Water Resources Authority, effective August 8, 2013 |
$275 |
Small Printer Certifier pursuant to 310 CMR 7.26(20): Environmental Results Program: Lithographic, Graphic Arts, and Screen Printing |
$275 |
Midsize Printer Certifier pursuant to 310 CMR 7.26(20) |
$705 |
Large Printer Certifier pursuant to 310 CMR 7.26(20) |
$1,440 |
Large Printer Certifier pursuant to 310 CMR 7.26(20) holding AQ09 permit or an AQ permit qualifying for the minor AQ compliance category |
AIR QUALITY |
|
Set by equation |
Operating Permit Enrollee - Effective June 20, 2014, required for any facility subject to 310 CMR 7.00: Appendix C, not holding an Operating Permit. The fee is based upon Department records as of July 1st of the relevant fiscal year. AA is the Adjusted Actual emissions as reported to the Department pursuant to 310 CMR 7.12: U Source Registration, of hazardous air pollutants (HAP) and criteria air pollutants excluding carbon monoxide, averaged over the most recent three calendar years of available data. HAP emissions also reported as criteria pollutants shall not be double counted in this fee calculation. The AA of each pollutant shall be capped at 7,500 tons/per pollutant. The fee shall be calculated as follows: (1) where AA is greater than or equal to 5,000 tons, by adding the base fee of $100,000 and $25 (AA-5000); or (2) where AA is greater than or equal to 250 tons but less than 5,000 tons, by adding the base fee of $7,500 and $12 (AA-250); or (3) where AA is greater than or equal to 100 tons but less than 250 tons, by adding the base fee of $5,500 and $8 (AA-100); or (4) where AA is less than 100 tons, by adding the base fee of $3,000 and $6 (AA-50); or (5) where a facility is subject to 310 CMR 7.08(2): Municipal Waste Combustors, 310 CMR 7.29: Emissions Standards for Power Plants, 310 CMR 7.32: Massachusetts Clean Air Interstate Rule (Mass CAIR), or 310 CMR 7.70: Massachusetts CO2 Budget Trading Program Massachusetts CO2 Budget Trading Program, by adding the base fee of $7,500 and $17 (AA-50); or (6) Notwithstanding 310 CMR Table 4.03: Air Quality(1) through (5), if a facility subject to a Minor Group fee in 310 CMR 4.03(2) has become subject to 310 CMR 7.00: Appendix C due to the construction, substantial reconstruction or alteration of an emission unit that has not yet commenced operations, such facility shall continue to be subject to its applicable Minor Group One, Minor Group Two, or Minor Group Three annual compliance fee in 310 CMR 4.03(2). After such emission unit commences operations, the facility shall be subject to the applicable fee in 310 CMR Table 4.03: Air Quality(1) through (5). |
(7) Notwithstanding 310 CMR Table 4.03: Air Quality(1) through (5), if a facility not subject to a Minor Group fee in 310 CMR 4.03(2) has become subject to 310 CMR 7.00: Appendix C and has not commenced operations, such facility shall be subject to an annual compliance fee of $2,000. After such facility commences operations, such facility shall be subject to the applicable fee in 310 CMR Table 4.03: Air Quality(1) through (5). The amount calculated in (1), (2), (3), (4) or (5) shall be rounded down to the nearest $1,000, but no fee shall be less than the respective base fee. Where a facility is subject to more than one formula, only the largest fee shall be due. |
|
Set by equation |
Operating Permittee Effective June 20, 2014, required for any facility holding an operating permit. The fee is based upon Department records as of July 1st of the relevant fiscal year. AA is the Adjusted Actual emissions as reported to the Department pursuant to 310 CMR 7.12: U Source Registration, of hazardous air pollutants (HAP) and criteria air pollutants excluding carbon monoxide, averaged over the most recent three calendar years of available data. HAP emissions also reported as criteria pollutants shall not be double counted in this fee calculation. Emissions of each pollutant are capped at 7,500 tons per pollutant and the fee is calculated: (1) where AA is greater than or equal to 5,000 tons, by adding the base fee of $100,000 and $25 (AA-5000); or (2) where AA is greater than or equal to 250 tons, but less than 5,000 tons, by adding the base fee of $7,500 and $12 (AA-250); or (3) where AA is greater than or equal to 100 tons, but less than 250 tons, by adding the base fee of $5,500 and $8 (AA-100); or (4) where AA is less than 100 tons, by adding the base fee of $3,000 and $6 (AA-50); or (5) where a facility is subject to 310 CMR 7.08(2): Municipal Waste Combustors, 310 CMR 7.29: Emissions Standards for Power Plants, 310 CMR 7.32: Massachusetts Clean Air Interstate Rule (Mass CAIR) or 310 CMR 7.70: Massachusetts CO2 Budget Trading Program by adding the base fee of $7,500 and $17 (AA-50). The amount calculated in (1), (2), (3), (4) or (5) is rounded down to the nearest $1,000, but no fee shall be less than the respective base fee. Where a facility is subject to more than one formula, only the largest fee is due. |
$1,760 |
Minor Group One - a facility with potential emissions equal to or greater than five, but less than ten tons per year of any one Hazardous Air Pollutant (HAP), or equal to or greater than 12.5, but less than 25 tons per year of any combination of HAP, or equal to or greater than 25, but less than 50 tons per year of VOC or NOx, or equal to or greater than 50, but less than 100 tons per year of any other regulated pollutant, or a facility holding a AQ09 (Restricted Emissions Status) permit pursuant to 310 CMR 7.02(9): Restricted Emission Status (RES); and excluding a facility that is not required to submit a Source Registration to the Department pursuant to 310 CMR 7.12: U Source Registration and excluding a facility that is a dry cleaner, photo processor, or printer certifier pursuant to 310 CMR 70.00: Environmental Results Program Certification that is subject to an ERP annual compliance fee. The fee covers all air pollution inspections and registrations for the facility. Effective May 1, 2020. |
$705 |
Minor Group Two - a facility with potential emissions greater than 2.5, but less than five tons per year of any one Hazardous Air Pollutant (HAP), or greater than 6.25, but less than 12.5 tons per year of any combination of HAP, or greater than 12.5, but less than 25 tons per year of VOC or NOx, or greater than 25, but less than 50 tons per year of any other regulated pollutant or a facility subject to a New Source Performance Standard (NSPS- 40 CFR 60) or a National Emission Standard for Hazardous Air Pollutants (NESHAPs - 40 CFR 61) , both delegated to the Department prior to July 1, 1992 with potential emissions less than five tons per year of any one Hazardous Air Pollutant (HAP), or less than 12.5 tons per year of any combination of HAP, or less than 25 tons per year of VOC or NOx, or less than 50 tons per year of any other regulated pollutant; and excluding a facility that is not required to submit a Source Registration to the Department pursuant to 310 CMR 7.12: U Source Registration; and excluding a facility that is a dry cleaner, photo processor, or printer certifier pursuant to 310 CMR 70.00: Environmental Results Program Certification that is subject to an ERP annual compliance fee. The fee covers all air pollution inspections and registrations for the facility. Effective May 1, 2020. |
$315 |
Minor Group Three - a facility with potential emissions equal to or less than 2.5 tons per year of any one Hazardous Air Pollutant (HAP), or equal to or less than 6.25 tons per year of any combination of HAP, or equal to or less than 12.5 tons per year of VOC or NOx, or equal to or less than 25 tons per year of any other regulated pollutant, and excluding a facility that is not required to submit a Source Registration to the Department pursuant to 310 CMR 7.12: U Source Registration and excluding a facility that is a dry cleaner, photo processor, or printer certifier pursuant to 310 CMR 70.00: Environmental Results Program Certification that is subject to an ERP annual compliance fee. The fee covers all air pollution inspections and registrations for the facility. Effective May 1, 2020. |
$245 |
Motor Vehicle Fuel Dispensing Facility subject to 310 CMR 7.24(3): Distribution of Motor Vehicle Fuel and/or 310 CMR 7.24(6): Dispensing of Motor Vehicle Fuel, effective June 20, 2014 |
HAZARDOUS WASTE |
|
$10,365 |
Treatment, storage or disposal facility, effective August 8, 2013 |
$3,880 |
Large Quantity Generator excluding dry cleaner, photo processor, and printer certifiers pursuant to 310 CMR 70.00: Environmental Results Program Certification, that is subject to an ERP annual compliance fee effective May 1, 2020 |
$645 |
Small Quantity Generator excluding dry cleaner, photo processor, and printer certifiers pursuant to 310 CMR 70.00: Environmental Results Program Certification, that is subject to an ERP annual compliance fee effective May 1, 2020 |
$3,880 |
Level III recycling facility, effective May 1, 2020 |
Set by Equation |
Mercury-added Lamp Manufacturer Registration: annual registration fee. Effective April 5, 2019 through June 30, 2024, required for any mercury-added lamp manufacturer subject to 310 CMR 75.05: Mercury-added Lamps. The fee is based upon mercury-added lamp sales reported on the annual registration form. Where A is the number of mercury-added lamps reported by the manufacturer and B is the sum of all mercury-added lamps reported by all manufacturers and where M is the total number of manufacturers reporting pursuant to 310 CMR 75.05, and the administrative base fee is $100, the fee shall be calculated in accordance with the following equation: (1) $100 + [(A/B) X [$300,000 - ($100 X M)]] with a maximum fee of $10,000, unless; (2) The sum of all individual manufacturers' fees as calculated in (1) is less than $300,000, the fee will then be recalculated utilizing the formula under (1), but without the $10,000 maximum. |
SOLID WASTE |
|
$1,700 |
Recycling and Organics Management Operation: with RCC Permit pursuant to 310 CMR 16.05: Permit for Recycling, Composting or Conversion (RCC) Operations, excluding an organic material only transfer operation that is permitted to receive no more than two tons per day and to have no more than five tons on-site at any time, effective June 20, 2014 |
$400 |
Recycling and Organics Management Operation: with a SW46 or SW47 permit pursuant to 310 CMR 16.05: Permit for Recycling, Composting or Conversion (RCC) Operations, where said operation is (i) a transfer operation limited to organic material only and (ii) is permitted to receive a maximum of two tons per day and to have no more than five tons on site at any time, effective June 20, 2014 |
$1,975 |
Small Transfer Station or C&D Processing Facility, effective August 8, 2013 |
$8,205 |
Large Transfer Station or C&D Processing Facility, effective August 8, 2013 |
$1,485 |
Small Handling Facility, effective August 8, 2013 |
$3,345 |
Large Handling Facility, effective August 8, 2013 |
$17,495 |
Operating Landfill: with permit SW10 Authorization to Operate until permit SW25 Landfill Closure/Corrective Action Design is issued, excluding permit for woodwaste landfill and landfill permitted to receive less than ten tons per day/3120 tons per year, effective August 8, 2013. |
$17,495 |
Closing Landfill: with permit SW25 Landfill Closure/Corrective Action Design until permit SW43 Closure Completion is issued, excluding permit for woodwaste landfill and landfill permitted to receive less than ten tons per day/3120 tons per year, effective August 8, 2013 |
$2,970 |
Woodwaste landfill (effective August 8, 2013) |
$1,060 |
Landfill permitted to receive less than ten tons per day/3120 tons per year, effective August 8, 2013 |
$1,400 |
Closed Landfill holding permit SW43 Closure Completion, or, for landfills closed prior to 1990, an Approved Post Closure Monitoring Plan, effective June 20, 2014 |
$8,205 |
Combustion Facility, effective August 8, 2013 |
COMPOST FACILITIES |
|
$1,290 |
Compost Facility permitted by solid waste or water pollution control pursuant to 310 CMR 19.000: Solid Waste Management, 314 CMR 12.00: Operation and Maintenance and Pretreatment Standards for Wastewater Treatment Works and Indirect Dischargers or 310 CMR 32.00: Land Application of Sludge and Septage, effective June 20, 2014 |
WATERSHED MANAGEMENT |
|
$215 |
Withdrawal permit and/or registration within a single water source considered to be a single river basin as defined by 310 CMR 36.03: Definitions and 313 CMR 4.03: Delineation of River Basins, effective August 8, 2013 |
$10,800 |
Facility with WM05 or IW16 permit for Surface Water Discharge (NPDES), March 24, 2017 |
$1,830 |
Facility with WM06 or IW18 permit for Surface Water Discharge (NPDES), March 24, 2017 |
WATER POLLUTION CONTROL |
|
Groundwater Discharges |
|
$14,855 |
Facility with a permit authorizing discharge of treated sewage equal to or greater than 50,000 gallons per day, and approved to commence operations; other discharges not included in the other groundwater discharge compliance assurance categories, March 24, 2017 |
$8,320 |
Facility with a permit authorizing discharge of treated sewage greater than 10,000 gallons per day but less than 50,000 gallons per day, and approved to commence operations, March 24, 2017 |
$3,565 |
Facility with a permit authorizing discharge of 10,000 or less gallons per day of sewage, or permit pursuant to 314 CMR 4.10(9)(e), (f), (g) or (h) that only utilizes septic tanks and land disposal for wastewater treatment and approved to commence operations, March 24, 2017 |
$7,425 |
Facility with a permit authorizing discharge of treated sewage equal to or greater than 50,000 gallons per day but not approved to commence operations, March 24, 2017 |
$4,160 |
Facility with a permit authorizing discharge of treated sewage greater than 10,000 gallons per day but less than 50,000 gpd, but not approved to commence operations, March 24, 2017 |
$1,780 |
Facility with a permit authorizing discharge of 10,000 or less gallons per day of sewage or permit pursuant to 314 CMR 5.10(9)(e), (f), (g) or (h) but not approved to commence operations, March 24, 2017 |
$1,080 |
Facility with General Permit WP80 for specified discharges, effective August 8, 2013 |
$1,080 |
Facility with Reclaimed Water Discharge Permit WP84, effective August 8, 2013 |
$215 |
Facility with Discharge Permit WP85, effective August 8, 2013 |
$12,420 |
Type II Facility with IW03 or WP86 permit to discharge industrial wastewater and authorization to construct and operate a type II wastewater treatment system, effective August 8, 2013 |
$3,345 |
Type I Facility with a permit IW05 or WP87 to discharge industrial wastewater and authorization to construct and operate a type I wastewater treatment system, effective March 24, 2017 |
$215 |
Other Facility with Permit IW02 to discharge industrial wastewater, effective August 8, 2013 Residuals management |
$1,290 |
Residuals landfill, effective August 8, 2013 |
$1,290 |
Pelletizing facilities, effective August 8, 2013 |
LABORATORY CERTIFICATION |
|
$260 |
Certified Microbiology Laboratory, plus the fee for each testing category as certified on July 1st of each year in the amount as set forth in 310 CMR 4.10(9)(a) (LES01EA), effective August 8, 2013 |
$1,140 |
Certified Chemical Laboratory, plus the fee for each testing category as certified on July 1st of each year in the amount as set forth in 310 CMR 4.10(9)(b) (LES02EA), effective August 8, 2013 |
BUREAU OF WASTE SITE CLEANUP |
|
$1,225 |
Homeowner Tier I - site classified as Tier I pursuant to 310 CMR 40.0500: Tier Classification and Response Action Deadlines where the person is a Homeowner as defined in 310 CMR 4.02, effective June 20, 2014 |
$2,455 |
Homeowner Tier ID - site classified as Tier ID pursuant to 310 CMR 40.0500: Tier Classification and Response Action Deadlines where the person is a Homeowner as defined in 310 CMR 4.02, effective June 20, 2014 |
$1,225 |
Homeowner Tier II - site classified as Tier II pursuant to 310 CMR 40.0500: Tier Classification and Response Action Deadlines where the person is a Homeowner as defined in 310 CMR 4.02, effective June 20, 2014 |
$490 |
Homeowner Phase V - site at which Phase V response actions consisting of operation, maintenance or monitoring are undertaken pursuant to 310 CMR 40.0890: Operation, Maintenance, and/or Monitoring of Comprehensive Response Actions, including response actions under Remedy Operation Status, where the person is a Homeowner as defined in 310 CMR 4.02, effective June 20, 2014 |
$490 |
Homeowner Temporary Solution - site at which a Temporary Solution pursuant to 310 CMR 40.1000: Permanent and Temporary Solutions is in effect, or a site at which an existing Temporary Solution has been revised to a Permanent Solution during the relevant billable year, where the person is a Homeowner as defined in 310 CMR 4.02, effective June 20, 2014 |
$1,000 |
Homeowner Notice of Activity and Use Limitation - one-time fee for each Notice of Activity and Use Limitation filed pursuant to 310 CMR 40.1074: Notice of Activity and Use Limitation prior to or concurrently with the filing of a Permanent Solution Statement, where the person is a Homeowner as defined in 310 CMR 4.02, effective June 20, 2014 |
$735 |
Homeowner Permanent Solution - one-time fee effective June 20, 2014 for a Permanent Solution Statement filed for the site after 120 days following the earliest date computed in accordance with 310 CMR 40.0404(3)(a) through (d) and prior to Tier Classification, where the person is a Homeowner as defined in 310 CMR 4.02. Also for each Permanent Solution Statement filed for a site classified as Tier ID pursuant to 310 CMR 40.0500: Tier Classification and Response Action Deadlines where the person is a Homeowner as defined in 310 CMR 4.02, provided that such submittal is filed within 90 days following the site's first status date; fee is in lieu of Tier ID fee for the second billable year. |
$490 |
Homeowner Release Abatement Measure - one-time fee for each Release Abatement Measure Plan submitted prior to Tier Classification, where the person is a Homeowner as defined in 310 CMR 4.02, effective June 20, 2014 |
$100 |
FTLI Status Tier I - site classified as Tier I pursuant to 310 CMR 40.0500: Tier Classification and Response Action Deadlines, where the Department has made a determination of financial, technical, or legal inability pursuant to 310 CMR 40.0172, effective June 20, 2014 |
$100 |
FTLI Status Tier ID - site classified as Tier ID pursuant to 310 CMR 40.0500: Tier Classification and Response Action Deadlines, where the Department has made a determination of financial, technical, or legal inability pursuant to 310 CMR 40.0172: Technical, Financial and Legal Inabilities, effective June 20, 2014 |
$100 |
FTLI Status Tier II - site classified as Tier II pursuant to 310 CMR 40.0500: Tier Classification and Response Action Deadlines, where the Department has made a determination of financial, technical, or legal inability pursuant to 310 CMR 40.0172: Technical, Financial and Legal Inabilities, effective June 20, 2014 |
$100 |
FTLI Status Phase V - site at which Phase V response actions consist-ing of operation, maintenance, or monitoring are undertaken pursuant to 310 CMR 40.0890: Operation, Maintenance, and/or Monitoring of Comprehensive Response Actions, including response actions under Remedy Operation Status, where the Department has made a determination of financial, technical, or legal inability pursuant to 310 CMR 40.0172: Technical, Financial and Legal Inabilities, effective June 20, 2014 |
$100 |
FTLI Status Temporary Solution - site at which a Temporary Solution pursuant to 310 CMR 40.1000: Permanent and Temporary Solutions is in effect, or a site at which an existing Temporary Solution has been revised to a Permanent Solution during the relevant billable year, where the Department has made a determination of financial, technical, or legal inability pursuant to 310 CMR 40.0172: Technical, Financial and Legal Inabilities, effective June 20, 2014 |
$4,320 |
Tier I - site classified as Tier I pursuant to 310 CMR 40.0500: Tier Classification and Response Action Deadlines, effective June 20, 2014 |
$4,915 |
Tier ID - site classified as Tier ID pursuant to 310 CMR 40.0500: Tier Classification and Response Action Deadlines, effective June 20, 2014 |
$2,455 |
Tier II - site classified as Tier II pursuant to 310 CMR 40.0500,: Tier Classification and Response Action Deadlines effective June 20, 2014 |
$980 |
Phase V - site at which Phase V response actions consisting of operation, maintenance, or monitoring are undertaken purusant to 310 CMR 40.0890: Operation, Maintenance, and/or Monitoring of Comprehensive Response Actions, including response actions under Remedy Operation Status, effective June 20, 2014 |
$980 |
Temporary Solution - site at which a Temporary Solution pursuant to 310 CMR 40.1000: Permanent and Temporary Solutions is in effect, or a site at which an existing Temporary Solution has been revised to a Permanent Solution during the relevant billable year, effective June 20, 2014 |
$2,000 |
Notice of Activity and Use Limitation - one-time fee for each Notice of Activity and Use Limitation filed pursuant to 310 CMR 40.1074: Notice of Activity and Use Limitation prior to or concurrently with the filing of a Permanent Solution Statement, effective June 20, 2014 |
$1,470 |
Permanent Solution - one-time fee effective June 20, 2014 for a Permanent Solution Statement filed for the site after 120 days follow-ing the earliest date computed in accordance with 310 CMR 40.0404(3)(a) through (d) and prior to Tier Classification. Also, for each Permanent Solution Statement filed for a site classified as Tier ID pursuant to 310 CMR 40.0500: Tier Classification and Response Action Deadlines, provided that such statement is filed within 90 days following the site's first status date; fee is in lieu of Tier ID fee for the second billable year. |
$980 |
Release Abatement Measure - one-time fee for each Release Abatement Measure Plan submitted prior to Tier Classification, effective June 20, 2014 Special Project Designation - for the duration of Special Project Designation Permits approved pursuant to 310 CMR 40.0061(1)(a): |
set by formula |
- For each batch submittal of Permanent Solution Statements the fee is the total based upon the number of individual Permanent Solution Statements in each batch: 1-5 $1,470 each (capped at $4,420 for total batch); 6-15 $860 each (capped at $9,460 for total batch), 16-49 $735 each (capped at $23,590 for total batch); 50 or more $490 each (capped at $29,490 for total batch), effective June 20, 2014 - For each batch submittal of Release Abatement Measure Plan submittals the fee is the total based upon the number of individual RAM Plan submittals in each batch: 1-5 $980 each (capped at $2,945 for total batch); 6-15 $550 each (capped at $6,020 for total batch); 16-49 $490 each (capped at $15,725 for total batch); 50 or more $365 each (capped at $22,120 for total batch), effective June 20, 2014 |
$1,965 |
Downgradient Property Status Submittal - one time fee for each DPS submittal filed pursuant to 310 CMR 40.0183: General Requirements and Procedures for Asserting Downgradient Property Status prior to Tier Classification effective August 8, 2013 |
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.