§ 35-11-211 — Fees

(a) The department shall implement a permit fee system and
schedule of fees adequate to cover all reasonable direct and
indirect costs of reviewing and acting upon any construction and
modification permits under this article and developing,
implementing and administering the operating permit program
including the small business technical assistance program.
(b) Permit fees shall be assessed against operators of
sources applying for any permit under this article and annually
thereafter for the duration of the permit. The fee for
operating sources shall be based on the emissions of each
regulated pollutant, as defined in section 502(b)(3)(B)(ii) of
the Clean Air Act. The department shall exclude any amount of
regulated pollutant emitted by any source in excess of four
thousand (4,000) tons per year in determining the amount of fee
required for any operating source. A fee shall be assessed upon
applicants for construction and modification permits based on
costs to the department in reviewing and acting upon those
permit applications. The department shall develop a fee
structure subject to the minimum amounts specified in subsection
(j) of this section which equitably assesses the fees based on
emissions for operating sources and projected costs of reviewing
and acting upon construction and modification permits sufficient
to recover the amount reviewed by the joint appropriations
committee and appropriated by the legislature for implementing
the operating permit program. The fee structure and
appropriation shall be based upon measurable goals and approved
by the joint appropriations committee prior to implementation.
The department shall prepare a biennium report for review by the
joint minerals, business and economic development interim
committee by October 31 of the year prior to the Wyoming
legislative budget session. Permit fees shall cover all
reasonable direct and indirect costs including the costs of:
(i) Reviewing and acting upon any permit application
including construction and modification permit applications;
(ii) Implementing and enforcing permits;
(iii) Emissions and ambient monitoring;
(iv) Preparing regulations and guidance;
(v) Modeling analyses and demonstrations;
(vi) Preparing emission and source inventories and
tracking emissions;
(vii) Permit-related functions performed by the
department;
(viii) Development and administration of the state
small business assistance program; and
(ix) Information management activities.
(c) The fees collected by the department pursuant to this
section shall be deposited in a separate account, and shall be
subject to appropriation by the legislature to the department
solely for permitting construction and modification and for the
development and administration of the construction, modification
and operating permit programs.
(d) The department shall give written notice of the amount
of the fee to be assessed and the basis for the assessment to
the operator of the source. The operator may appeal the
assessment to the council within twenty (20) days after receipt
of the written notice. The appeal shall be based only upon the
allegation that the particular assessment is erroneous or
excessive and may not be based upon the entire fee schedule
adopted to fund the permitting programs. The contested case
procedures of the Wyoming Administrative Procedure Act shall
apply to any appeal under this subsection.
(e) If any part of the assessment is not appealed it shall
be paid to the department upon receipt of the written notice.
(f) The department may reduce any fee required under the
operating permit program to take into account the financial
resources of small business stationary sources.
(g) There shall be no double counting of the regulated
emissions for the purpose of fee determination.
(h) Fees under this section, for sources subject to the
operating permit program as enumerated in W.S. 35-11-203(a),
shall not be assessed for tailpipe emissions from any nonroad
vehicle as defined under section 201 of the Clean Air Act.
(j) The department shall charge the following minimum fees
under this section:
(i) Application . . . . . . . . . . . . $500.00;
(ii) In addition to paragraph (i) of this subsection,
review and acting on an application . . $75.00 per hour;
(iii) Relocation of portable sources or facilities
that are authorized to use self issuance permits . . . . . . . .
. . . . . . . . . . . . . . . . . $150.00;
(iv) Relocation of portable sources or facilities not
authorized to use self issuance permits . . . . . . . . . . . .
. . . . . . . . . . . . . . . $300.00.