2007 Operating Permit Fee Rule Fact Sheet

Adoption of Amendments to 6 NYCRR 482-2 Operating Permit Program Fee Rule for 2007

Dear Interested Party:

Enclosed is a copy of the Title V/Operating Permit Program fee rule that was adopted on June 10, 2007 and effective on June 13, 2007 and published in the Environmental Notice Bulletin on June 27, 2007. This rule establishes the annual fee for all facilities subject to the requirements of Title V of the Federal Clean Air Act (Act). The 2007 fee is $45.00 per ton up to six thousand tons of each regulated air contaminant emitted in 2006. Regulated contaminants subject to the tonnage fee are oxides of nitrogen, volatile organic compounds, sulfur dioxide, particulates and hazardous air pollutants.

This rulemaking has been undertaken in compliance with the NYS Clean Air Compliance Act of 1993, as amended in 1997 & 1999, section 72-0303 of the Environmental Conservation Law. This law requires the Department to establish the annual Title V per ton fee as a rule and to calculate the fee by dividing the Legislative appropriation for the program by the total tons of emissions reported by subject facilities for the prior calendar year. Consideration must be given for the balance in the Operating Permit Program Account and the collection rate of invoices issued from the prior year. For 2007, this calculation resulted in a fee per ton of $106.31 which exceeds the maximum allowed by law. The statute stipulates that the fee cannot exceed $45 per ton. Therefore, the 2007 Operating Permit Program fee is $45.00 per ton. State law exempts this annual rulemaking from the requirements of the State Administrative Procedures Act.

Facilities that are billed Operating Permit Program fees are major stationary sources of air pollutants as defined in section 19-0107.19 of the Environmental Conservation Law. Department regulations (6 NYCRR Subpart 202-2) require the filing of annual emission statements by all facilities subject to the Operating Permit Program. Facilities that filed a complete 2006 emission statement in a timely manner are billed on their actual emissions provided in their statement. Facilities that have failed to submit a complete emission statement are required by law to pay a fee based on their potential to emit.

All fees collected under this regulation are dedicated for use in the administration of the State's Title V/Operating Permit Program. Funds are deposited into the Operating Permit Program Account in the Clean Air Fund and are subject to audits of the Office of the State Comptroller.

For further information, please contact Cathy Jo Rogers at DEC's Division of Air Resources, 625 Broadway, Albany, NY, 12233-3250, phone (518) 402-8451 or email 482oppfee@gw.dec.state.ny.us.