2022 New York Laws
ENV - Environmental Conservation
Article 72 - Environmental Regulatory Program Fees
Title 3 - Air Quality Control Program Fee
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  article,  who  are  required  to  obtain  a   permit,
certificate  or  approval  pursuant  to  the  state  air quality control
program 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 to construct or application for a  certificate  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 certificate 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  certificate  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 to construct or application for a certificate to operate.    In
the  event  that  hours  of  operation  have  not  been specified on the
applications 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
dispencing 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 to construct or application for a certificate
to operate. In the event that hours of operation have not been specified
on the applications 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 to construct or application for  a  certificate  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 to construct or application for a certificate  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, certificate or approval for  a
combustion   installation,  incinerator  or  process  air  contamination
source, 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.