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Subpart 482-1: Air Quality Control Program Fee

(Statutory authority: Environmental Conservation Law, §§ 3-0301, 72-0201, 72-0303)

[Original rule effective 7/1/94]

[page 1 of 1]

For administrative information about this posting, contact: Division of Air Resources. The Office of the Director at (518) 402-8452 is the contact for technical questions pertaining to Part 482.

NOTE: Section 482-1.1 was superceded by ECL, Section 72-0302

Contents:

Sec.

§482-1.1 Who must Pay and How Much (This section has been superceded by ECL, Section 72-0302.)

(a) Each person, except those required to pay a fee under Subpart 482-2 of this Part, who is required to obtain a permit, certificate or approval pursuant to the State air quality control program must annually submit to the department an air quality control program fee determined as follows:

(1) $1,000 for a stationary combustion installation having maximum operating heat input equal to or greater than 50 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.

(2) $100 for a stationary combustion installation having a maximum operating heat input less than 50 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.

(3) $1,000 for a process air contamination source having an annual emission rate equal to or greater than 25 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 is the actual annual emission rate as stated on the most recent application for a permit to construct or application for a certificate to operate. If hours of operation have not been specified on the applications, then maximum possible hours of operation (8,760 hours) are used to calculate actual annual emissions.

(4) $100 for a process air contamination source for an annual emission rate less than 25 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 is the actual annual emission rate as applied for on the most recent application for a permit to construct or application for a certificate to operate. If hours of operation have not been specified on the applications, then maximum possible hours of operation (8,760 hours) are used to calculate actual annual emissions.

(5) $1,000 for an incinerator capable of charging 2,000 pounds of refuse per hour or greater. The charging capacity is established in accordance with the application for a permit to construct or application for a certificate to operate the incinerator source and is calculated on an emission point basis.

(6) $100 for an incinerator with a maximum design charge rate of less than 2,000 pounds of refuse per hour. The charging capacity is established in accordance with the application for the most recent permit to construct or application for a certificate to operate the incinerator source and is calculated on an emission point basis.

§482-1.2 What the Department Reviews to Determine the Air Quality Control Program Fee

(a) In determining the annual program fee for a new emission point, the department will rely upon:

(1) Actual heat input information stated in section B of the most recent complete "Stationary Combustion Installation Application for Permit to Construct or Certificate to Operate" for combustion air contamination sources.

(2) Actual annual emissions information per air contaminant category (sulfur dioxide, hydrocarbons, carbon monoxide, total suspended particulates, oxides of nitrogen, other) stated in section F of the most recent complete "Process, Exhaust or Ventilation System Application for Permit to Construct or Certificate to Operate", for process air contamination sources.

(3) Actual pounds per hour amount of refuse charged stated in section C of the most recent complete "Incinerator Application for Permit to Construct or Certificate to Operate" for incinerators or refuse burning air contamination sources.

(b) In determining the annual program fee for existing emission points, the department will rely upon information as listed in the Division of Air Resources on January 1 of the calendar year for which the fee is being charged or the information as stated on the most recent complete application for a permit to construct or certificate to operate on file with the department.

§482-1.3 Local Agency Delegation Pursuant to ECL, Section 3- 0302(2)(p)

(a) Where a city or county is delegated the full authority to administer the State air quality control program pursuant to section 3-0301(2)(p) of the ECL, and the 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, other than the uniform procedures application fees provided for in section 70-0117 of the ECL, no additional air quality control program fee must be paid by the regulated sources.

(b) If a city or county has been delegated only a portion of the State air quality control program, such as the responsibility for inspection of sources, review of applications for permits or issuance of permits, then the air quality control program fees must be paid to the department, regardless of whether or not the city or county also charges a fee in connection with the issuance of a permit, certificate or approval.

(c) Notwithstanding the fact that a city or county not delegated any portion of the State air quality control program charges a local fee for issuance of a permit, certificate or approval for an air contamination source, fees required under section 482-1.1 of this Subpart must be paid to the department.