An official website of the United States government.

This is not the current EPA website. To navigate to the current EPA website, please go to This website is historical material reflecting the EPA website as it existed on January 19, 2021. This website is no longer updated and links to external websites and some internal pages may not work. More information »

Texas SIP: 30 TAC 116.141. Determination of Fees; SIP effective 1997.10.20 TXc102

Regulatory Text: 
NOTE TO READER: See See § 116.11 for rest of Regulation VI SIP-approved permit fees regulations.


                      DIVISION 4 : PERMIT FEES

   §116.141.  Determination of Fees.

§116.141.  Determination of Fees.

(Approved by EPA 08/19/97 (62 FR 44083) at 52.2270(c)(102) effective 10/20/97.)

102B  (a)  The estimated capital cost of the project is the estimated total cost of the equipment and services that would normally be capitalized according to standard and generally accepted corporate financing and accounting procedures.

102B  (b)  NOT in Texas SIP.  See 102B 

102B  (c)  If the estimated capital cost of the project is less than $50 million, the permit applicant shall include a certification that the estimated capital cost of the project is correct.  Certification of the estimated capital cost of the project may be spot checked and evaluated for reasonableness during permit processing.  The reasonableness of project capital cost estimates used as a basis for permit fees shall be determined by the extent to which such estimates include fair and reasonable estimates of the capital value of the direct and indirect costs listed as follows.

102B       (1)  Direct costs are as follows:

102B            (A)  process and control equipment not previously owned by the applicant and permitted in Texas;

102B            (B)  auxiliary equipment, including exhaust hoods, ducting, fans, pumps, piping, conveyors, stacks, storage tanks, waste-disposal facilities, and air pollution control equipment specifically needed to meet permit and regulation requirements;

102B            (C)  freight charges;

102B            (D)  site preparation (including demolition), construction of fences, outdoor lighting, road, and parking areas;

102B            (E)  installation (including foundations), erection of supporting structures, enclosures or weather protection, insulation and painting, utilities and connections, process integration, and process control equipment;

102B            (F)  auxiliary buildings, including materials storage, employee facilities, and changes to existing structures;

102B            (G)  ambient air monitoring network.

102B       (2)  Indirect costs are as follows:

102B            (A)  final engineering design and supervision, and administrative overhead;

102B            (B)  construction expense (including construction liaison), securing local building permits, insurance, temporary construction facilities, and construction clean-up;

102B            (C)  contractor's fee and overhead.

102B  (d)  A fee of $75,000 shall be required if no estimate of capital project cost is included with a permit application.

102B  (e)  An applicant for a permit or permit amendment not involving any capital expenditure shall be required to remit the minimum permit fee of $450.

As adopted by TACB August 16, 1993 effective September 13, 1993

********************* end 116.141 **********************87f**