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Adopted Part 482-2 Operating Permit Program Fee

This rule establishes the annual fee for all facilities subject to the requirements of Title V of the Federal Clean Air Act (Act). 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 & 2009, section 72-0303 of the Environmental Conservation Law. 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 2012 emission statement in a timely manner are billed on their actual emissions. Facilities that have failed to submit a complete emission statement by the due date are required by law to pay a fee based on permitted emissions or where there is no permit on 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.


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