Adopted Subpart 482-2, Operating Program Fees - Effective June 24, 2009
Subchapter G Subpart 482-2 is amended as follows:
Section 482-2.1 remains unchanged
Sections 482-2.2 is amended as follows:
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 [6,000] 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 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 emission set forth in a permit, certificate or approval pursuant to section 19-0311 of the Environmental Conservation Law.
Section 482-2.3 remains unchanged
Sections 482-2.4 is amended as follows:
482-2.4 Annual fee and fee calculation.
(a) Fee. Each person subject to fees under this Subpart must submit [a] 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 [6,000] 7,000 tons annually[,] of each regulated air contaminant . As of January 1, 2009, the fee per ton for 2009 is as follows:
[(1) Effective January 1, 1994, $25.69
(2) Effective January 1, 1995, $26.44
(3) Effective January 1, 1996, $27.19
(4) Effective January 1, 1997, $27.94
(5) Effective January 1, 1998, $32.64
(6) Effective January 1, 1999, $45.00
(7) Effective January 1, 2000, $45.00
(8) Effective January 1, 2001, $45.00
(9) Effective January 1, 2002, $45.00
(10) Effective January 1, 2003, $45.00
(11) Effective January 1, 2004, $45.00
(12) Effective January 1, 2005, $45.00
(13) Effective January 1, 2006, $45.00
(14) Effective January 1, 2007, $45.00
(15) Effective January 1, 2008, $45.00.]
(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 [amount of the fee set forth in Subdivision (a) of this Section is calculated by the] department pursuant to section 72-0303 of the Environmental Conservation Law is required to calculate a fee[. The 2008 fee has been calculated] 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 [last] 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 [established pursuant to section 97-oo of the State Finance Law] 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 [2008-09] 2009-10 appropriation for the operating permit program is [$19,462,000] $19,991,600;
(ii) the total tons of emissions of regulated air contaminants from sources subject to the operating permit program is [226,650] 197,603 tons;
(iii) As of March 31, [2008] 2009 the actual operating permit program account balance was [ $3,251,614] $270,949. An additional estimated [$1,814,537] $2,115,746 will be required to liquidate obligations made pursuant to appropriations for fiscal years prior to [2008-09] 2009-10. The estimated [balance of $1,437,077] deficit of $1,844,797 will be applied towards the appropriation for State fiscal year [2008-09] 2009-10.
(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 [99.69] 97.14 percent.
(3) [Commencing January 1, 1999, the maximum fee per ton is $45. The amount of the fee set forth in Subdivision (a) of this Section is the maximum fee per ton allowable under section 72-0303(3) of the Environmental Conservation Law.
(4)] The calculation is as follows:
[($19,462,000 - $1,437,077) ÷ (226,650 × .9969) = $79.77]
($19,991,600 - negative $1,844,797) ÷ (197,603 × .9714) = $ 113.76
However, as established in paragraph [(b)(3)] (a) of this Section, the fee [calculation results in a fee that exceeds the maximum that may be assessed. The fee for 2008 is forty-five dollars ($45.00) per ton.] assessed for 2009 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.
