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Health department seeks Title 5 fee update to sustain Shelby County air permitting program
Summary
Shelby County Health Department proposed a tiered update to Title 5 operating permit fees to comply with the Clean Air Act requirement that permitting programs be self-funded; staff said the increase aligns fees to regulatory workload and protects local program capacity.
The Shelby County Health Department proposed updating Title 5 air permitting fees to comply with federal requirements and to ensure the local program remains financially stable.
Deputy Director Casey Smith Alexander and Interim Director Bruce Randolph told commissioners the Clean Air Act requires permitting authorities to collect fees that fully fund air permitting programs. Smith Alexander described a proposed tiered fee structure that ties fees to regulatory complexity and staff workload; the Air Pollution Control Board previously approved the proposal unanimously. She said the county’s count of major sources has declined and that a tiered approach ensures facilities with more regulatory burden pay appropriately while protecting small businesses.
Commissioners asked about the total universe of fee payers and how small businesses determine whether they are subject to the program; Smith Alexander said all facilities emitting pollutants are eligible and that code enforcement directs businesses through permitting and renewals. The committee recommended approval of the fee updates and the related ordinance amendments to keep local rules aligned with state regulations.
