N.Y. Environmental Conservation Law § 72-0302: State air quality control fees

§ 72-0302. State air quality control fees.

1. All persons, except those required to pay a fee under section

72-0303 of this title, who are required to obtain a permit, registration

or approval pursuant to the state air quality control program and the

rules and regulations adopted by the department hereunder shall submit

to the department a per emission point fee in an amount established as

follows:

a. $11,000.00 for a stationary combustion installation having a

maximum operating heat input equal to or greater than fifty million

British thermal units per hour as stated on the most recent application

for a permit or registration to operate and which emits or has the

potential to emit equal to or greater than any one of the following:

(i) one hundred tons per year of oxides of nitrogen, or if located in

a severe ozone nonattainment area, twenty-five tons per year; or

(ii) one hundred tons per year of sulfur dioxide; or

(iii) one hundred tons per year of particulates.

b. $2,000.00 for all stationary combustion installations which are not

included under paragraph a of this subdivision and which have a maximum

operating heat input greater than fifty million British thermal units

per hour as stated on the most recent application for a permit or

registration to operate.

c. $100.00 for a stationary combustion installation having a maximum

operating heat input less than fifty million British thermal units per

hour as stated on the most recent application for a permit or

registration to operate.

d. $2,000.00 for a process air contamination source for an annual

emission rate equal to or greater than twenty-five tons per year of any

one of the following: sulfur dioxide, nitrogen dioxide, total

particulates, carbon monoxide, total volatile organic compounds and

other specific air contaminants. The annual emission rate shall be the

actual annual emission rate as stated on the most recent application for

a permit or registration to operate. In the event that hours of

operation have not been specified on the application then maximum

possible hours of operation (8760 hours) will be used to calculate

actual annual emissions.

e. $160.00 for a process air contamination source, except a gasoline

dispensing site, for an annual emission rate less than twenty-five tons

per year of any one of the following: sulfur dioxide, nitrogen dioxide,

total particulates, carbon monoxide, total volatile organic compounds

and other specific air contaminants. The annual emission rate shall be

the actual annual emission rate as applied for on the most recent

application for a permit or registration to operate. In the event that

hours of operation have not been specified on the application then

maximum possible hours of operation (8760 hours) will be used to

calculate actual annual emissions.

f. $2,000.00 for an incinerator capable of charging two thousand

pounds of refuse per hour or greater. The charging capacity will be

established in accordance with the application for the most recent

permit or registration to operate the incinerator source and will be

calculated on an emission point basis.

g. $160.00 for an incinerator with a maximum design charge rate of

less than two thousand pounds of refuse per hour. The charging capacity

will be established in accordance with the application for the most

recent permit or registration to operate the incinerator source and will

be calculated on an emission point basis.

Provided, however, that where a city or county is delegated the

authority to administer the state air quality control program, or any

portion thereof, pursuant to paragraph p of subdivision two of section

3-0301 of this chapter and such city or county collects a fee in

connection with the issuance of a permit, registration or approval

pursuant to the state air quality control program, no additional

liability for fees under this section shall accrue for the particular

combustion installation, incinerator or process air contamination source

that is subject to the delegation.