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Regulatory Fees for Permitted or Registered Sources

Fees for permitted and registered sources are determined by the type of permit or registration issued for that facility. There are four types: Air Title V permits, Air State Facility permits, Air Facility Registrations, and permits issued prior to 1996 when 6 NYCRR Part 201 Permits and Certificates was revised. This last category is referred to as historic permits. All fees are due annually.

Air Title V Fees

Title V sources are billed a per ton fee for their emissions of regulated air contaminants in the prior calendar year. The fee per ton is applied to emissions up to 7,000 tons per contaminant. The regulated contaminants are particulate, oxides of nitrogen, sulfur dioxide, volatile organic compounds and hazardous air pollutants. The annual per ton fee is established under 6 NYCRR 482-2 (leaves DEC website) and published in the Environmental Notice Bulletin each year by July 1 or 30 days after the New York State executive budget is enacted, whichever is later.

Air State Facility Fees

Air State Facility permits are billed a fee for each emission unit listed in their permit. The emission unit can be made up of several emission points. The type and size of equipment in the emission unit determines the fee. They can be process units, combustion units, incineration units or mixed units. For each unit, the fee can be either major or minor. In the case of mixed emission units, fees are calculated for each type of equipment and then the larger fee is charged on the facility invoice. The fees are established under ECL 72-0302, which supercedes 6 NYCRR 482-1 (leaves DEC website).

Air Facility Registration and Historic Permit Fees

Air Facility Registrations and historic permits are billed the same way. They are billed a fee for each emission point listed in their registration or permit. The type and size of equipment in the emission point determines the fee. They can be process points, combustion points or incineration points. The fee for each emission point can be either major or minor. The fees are established under ECL 72-0302, which supercedes 6 NYCRR 482-1.

ECL 72-0302 - State Air Quality Control Fees

The full text of NY's ECL is found on the New York State Legislative Information System. Select "ENV Environmental Conservation" (leaves DEC website) from the Consolidated Laws list and enter "72-0302" in the search box.