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Subpart 482-2: Operating Permit Program Fee

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

[Original rule effective 7/1/94]

Revisions effective June 18, 2014

[page 1 of 1]

For administrative information about this posting, contact: Division of Air Resources. The Bureau of Quality Assurance at (518) 402-8401 is the contact for technical questions pertaining to Part 482.

Contents:

Sec.

§482-2.1 Purpose

The purpose of this Subpart is to establish the annual fee to be submitted by air contamination sources subject to the operating permit program for emissions of regulated air contaminants. This Subpart is adopted pursuant to the statutory authority granted to the department under section 72-0303 of the Environmental Conservation Law.

§482-2.2 Applicability

(a) Commencing January 1, 1994, and every year thereafter, all air contamination sources identified pursuant to section 19-0311 of the Environmental Conservation Law must submit to the department an annual operating permit program fee for each ton of regulated air contaminant emitted up to 7,000 tons each, except, as otherwise exempted in this Subpart.

(b) Exemptions.

(1) The fees established pursuant to this Subpart will not be assessed on emissions of carbon monoxide or any Class I and II substance as set forth in section 72-0303(4) of the Environmental Conservation Law.

(2) Any regulated air contaminant subject to the fees imposed pursuant to this Subpart that qualifies as both a volatile organic compound and a hazardous air pollutant as set forth in section 72-0303(5) of the Environmental Conservation Law, will not be counted under both categories for the purpose of assessing fees.

(c) Bills issued for the operating permit program fee will be based on actual emissions in the preceding calendar year, as demonstrated to the department's satisfaction, or in the absence of such demonstration, on permitted emissions, or, where there is no permit, on potential to emit. Pursuant to Part 202 of this Title, April 15th of each year will be the final date for submission of completed emission statements to the department. Emission statements that are submitted in a timely manner will be utilized to determine whether actual emissions for the preceding year have been demonstrated to the department's satisfaction. Sources for which emission statements are not submitted in a timely manner or which do not demonstrate actual emissions for the previous year to the department's satisfaction must be billed based upon permitted emissions or, where there is no permit, on potential to emit.

(d) Any person required to pay fees pursuant to this Subpart who submitted an emission statement in a timely manner may elect to base such fees on the level of permitted emissions set forth in a permit, certificate or approval issued pursuant to section 19-0311 of the Environmental Conservation Law.

§482-2.3 Definitions

The words defined in this section have the following meanings when used in this Subpart.

(a) Actual emissions means emissions to the ambient air, and include fugitive emissions if such emissions are considered in determining whether a source is a major air contamination source.

(b) Air contamination source means all sources required to obtain a permit, certificate or approval pursuant to article 19 of the Environmental Conservation Law.

(c) Consumer price index for any calendar year means the average of the consumer price index for all urban consumers, published by the U.S. Department of Labor as of the close of the 12-month period ending August 31st of each year.

(d) Major air contamination source has the same meaning given to it in section 19-0107(19) of the Environmental Conservation Law.

(e) Operating permit program means the program established in section 19- 0311 of the Environmental Conservation Law.

(f) Permitted emissions means those emissions of regulated air contaminants that are authorized by permit.

(g) Potential to emit means the maximum capacity of a stationary source to emit any regulated air contaminant under its physical and operational design. Any physical or operational limitation on the capacity of such source to emit a regulated air contaminant, including air pollution control equipment and restrictions on the hours of operation or on the type or amount of material combusted, stored or processed, is treated as part of its design if the limitation is enforceable by the commissioner and the administrator of the United States Environmental Protection Agency.

(h) Regulated air contaminant means the following:

(1) oxides of nitrogen;

(2) volatile organic compounds;

(3) sulfur dioxide;

(4) particulates;

(5) carbon monoxide;

(6) any other air contaminant as set forth in section 19-0107(22) of the Environmental Conservation Law.

§482-2.4 Annual Fee and Fee Calculation

(a) Fee. Each person subject to fees under this Subpart must submit an annual fee to the department. This fee is based on the facility's total annual emissions as described in this Subpart 2.2. The fee per ton is assessed on emissions up to 7,000 tons annually of each regulated air contaminant . As of January 1, 2014, the fee per ton for 2014 is as follows:

(i) a fee of $45.00 per ton for facilities having total annual emissions less than 1,000 tons,

(ii) a fee of $50.00 per ton for facilities having total annual emissions of 1,000 tons or more but less than 2,000 tons,

(iii) a fee of $55.00 per ton for facilities having total annual emissions of 2,000 tons or more but less than 5,000 tons, and

(iv) a fee of $65.00 per ton for facilities having total annual emissions of 5,000 tons or more.

(b) Fee calculation. (1) The department pursuant to section 72-0303 of the Environmental Conservation Law is required to calculate a fee by dividing the current State fiscal year appropriation for the operating permit program by the total tons of emissions of regulated air contaminants from sources subject to the operating permit program during the preceding calendar year, with consideration given to any surplus or deficit in the operating permit program account of the clean air fund established pursuant to section 97-oo of the State Finance Law, any loan repayment from the mobile source account of the same clean air fund and the rate of collection of bills issued for the fee.

(2) The amount of each factor used in the fee calculation by the department for the current year is hereby established as follows:

(i) the State fiscal year 2014-15 appropriation for the operating permit program is $9,326,600;

(ii) the total tons of emissions of regulated air contaminants from sources subject to the operating permit program is 116,243 tons;

(iii) As of March 31, 2014 the actual operating permit program account balance was negative $17,084,690. An additional estimated $801,000 will be required to liquidate obligations made pursuant to appropriations for fiscal years prior to 2014-15. The estimated deficit of $17,885,690 will be applied towards the appropriation for State fiscal year 2014-15.

(iv) the loan repayment from the mobile source account of the clean air fund is zero since no loan was made;

(v) the collection rate of bills for the prior fiscal year is 99.14 percent.

(3) The calculation is as follows:

($9,326,600 - negative $17,885,690) ÷ (116,243 x .9914) = $236.13

However, as established in Paragraph (a) of this Section, the fee assessed for 2014 is as follows:

$45.00 per ton for facilities having total annual emissions less than 1,000 tons,

$50.00 per ton for facilities having total annual emissions of 1,000 tons or more but less than 2,000 tons,

$55.00 per ton for facilities having total annual emissions of 2,000 tons or more but less than 5,000 tons, and

$65.00 per ton for facilities having total annual emissions of 5,000 tons or more.