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Regulatory Fees for Permitted or Registered Sources

Fees for permitted and registered sources are determined by the type of permit or registration issued for that facility. There are four types: Air Title V permits, Air State Facility permits, Air Facility Registrations, and permits issued prior to 1996 when 6 NYCRR Part 201 Permits and Certificates was revised. This last category is referred to as historic permits. All fees are due annually.

Air Title V Fees

Title V sources are billed a per ton fee for their emissions of regulated air contaminants in the prior calendar year. The fee per ton is applied to emissions up to 7,000 tons per contaminant. The regulated contaminants are particulate, oxides of nitrogen, sulfur dioxide, volatile organic compounds and hazardous air pollutants. The annual per ton fee is established under 6 NYCRR 482-2 and published in the Environmental Notice Bulletin each year by July 1st or 30 days after the New York State executive budget is enacted, whichever is later.

Air State Facility Fees

Air State Facility permits are billed a fee for each emission unit listed in their permit. The emission unit can be made up of several emission points. The type and size of equipment in the emission unit determines the fee. They can be process units, combustion units, incineration units or mixed units. For each unit, the fee can be either major or minor. In the case of mixed emission units, fees are calculated for each type of equipment and then the larger fee is charged on the facility invoice. The fees are established under ECL 72-0302, which supercedes 6 NYCRR 482-1.

Air Facility Registration and Historic Permit Fees

Air Facility Registrations and historic permits are billed the same way. They are billed a fee for each emission point listed in their registration or permit. The type and size of equipment in the emission point determines the fee. They can be process points, combustion points or incineration points. The fee for each emission point can be either major or minor. The fees are established under ECL 72-0302, which supercedes 6 NYCRR 482-1.

ECL 72-0302 - State Air Quality Control Fees

72-0302 State air quality control fees

1. All persons, except those required to pay a fee under section 72-0303 of this article, who are required to obtain a permit, certificate or approval pursuant to the state air quality control program shall submit to the department a fee in an amount established a follows:

a. $11,000.00 for a stationary combustion installation having a maximum operating heat input equal to or greater than fifty million British thermal units per hour as stated on the most recent application for a permit to construct or application for a certificate to operate and which emits or has the potential to emit equal to or greater than any one of the following:

(i) one hundred tons per year of oxides of nitrogen, or if located in a severe ozone nonattainment area, twenty-five tons per year; or
(ii) one hundred tons per year of sulfur dioxide; or
(iii) one hundred tons per year of particulates.

b. $2,000.00 for all stationary combustion installations which are not included under paragraph a of this subdivision and which have a maximum operating heat input greater than fifty million British thermal units per hour as stated on the most recent application for a certificate to operate.

c. $100.00 for a stationary combustion installation having a maximum operating heat input less than fifty million British thermal units per hour as stated on the most recent application for a certificate to operate.

d. $2,000.00 for a process air contamination source for an annual emission rate equal to or greater than twenty-five tons per year of any one of the following: sulfur dioxide, nitrogen dioxide, total particulates, carbon monoxide, total volatile organic compounds and other specific air contaminants. The annual emission rate shall be the actual annual emission rate as stated on the most recent application for a permit to construct or application for a certificate to operate. In the event that hours of operation have not been specified on the applications then maximum possible hours of operation (8760 hours) will be used to calculate actual annual emissions.

e. $160.00 for a process air contamination source, except a gasoline dispensing site, for an annual emission rate less than twenty-five tons per year of any one of the following: sulfur dioxide, nitrogen dioxide, total particulates, carbon monoxide, total volatile organic compounds and other specific air contaminants. The annual emission rate shall be the actual annual emission rate as applied for on the most recent application for permit to construct or application for a certificate to operate. In the event that hours of operation have not been specified on the applications then maximum possible hours of operation (8760 hours) will be used to calculate actual annual emissions.

f. $2,000.00 for an incinerator capable of charging two thousand pounds of refuse per hour or greater. The charging capacity will be established in accordance with the application for the most recent permit to construct or application for a certificate to operate the incinerator source and will be calculated on an emission point basis.

g. $160.00 for an incinerator with a maximum design charge rate of less than two thousand pounds of refuse per hour. The charging capacity will be established in accordance with the application of the most recent permit to construct or application for a certificate to operate the incinerator source and will be calculated on an emission point basis.

Provided, however, that where a city or county is delegated the authority to administer the state air quality control program, or any portion thereof, pursuant to paragraph p of subdivision two of section 3-0301 of this chapter and such city or county collects a fee in connection with the issuance of a permit, certificate or approval for a combustion installation, incinerator or process air contamination source, no additional liability for fees under this section shall accrue.