2023 New York Laws › ENV - Environmental Conservation › Article 72 - Environmental Regulatory Program Fees › Title 3 - Air Quality Control Program Fee › 72-0303 - Operating Permit Program Fees.

§ 72-0303. Operating permit program fees.
* 1.  Commencing  January  first,  two thousand fifteen and every year
  thereafter,  all  sources  of  regulated  air  contaminants   identified
  pursuant  to  subdivision  one  of section 19-0311 of this chapter shall
  submit to the department an annual base fee of two thousand five hundred
  dollars. This base fee shall be in addition to the  fees  listed  below.
  Commencing  January  first,  nineteen hundred ninety-four and every year
  thereafter all sources of regulated air contaminants identified pursuant
  to subdivision one of section 19-0311 of this chapter  shall  submit  to
  the  department  an  annual fee not to exceed the per ton fees described
  below. The per ton fee is assessed on each ton of emissions up to  seven
  thousand  tons  annually  of  each regulated air contaminant as follows:
  sixty dollars per ton for facilities with total emissions less than  one
  thousand  tons  annually;  seventy  dollars  per ton for facilities with
  total emissions of one thousand or more but less than two thousand  tons
  annually;  eighty dollars per ton for facilities with total emissions of
  two thousand or more but less than  five  thousand  tons  annually;  and
  ninety  dollars  per  ton  for  facilities  with total emissions of five
  thousand or more tons annually. Such fee shall be sufficient to  support
  an appropriation approved by the legislature for the direct and indirect
  costs  associated  with  the  operating  permit  program  established in
  section 19-0311 of this chapter. Such fee shall be  established  by  the
  department and shall be calculated by dividing the amount of the current
  year  appropriation  from  the  operating  permit program account of the
  clean air  fund  by  the  total  tons  of  emissions  of  regulated  air
  contaminants  that are subject to the operating permit program fees from
  sources subject to the operating  permit  program  pursuant  to  section
  19-0311  of  this  chapter  up  to  seven thousand tons annually of each
  regulated air contaminant from each source;  provided  that,  in  making
  such  calculation,  the  department  shall  adjust  their calculation to
  account for any deficit or  surplus  in  the  operating  permit  program
  account   of   the  clean  air  fund  established  pursuant  to  section
  ninety-seven-oo of the state finance law; any loan  repayment  from  the
  mobile  source  account  of  the  clean air fund established pursuant to
  section ninety-seven-oo of the  state  finance  law;  and  the  rate  of
  collection  by  the  department  of the bills issued for the fee for the
  prior year.
Notwithstanding the provisions of the state  administrative  procedure
  act,  such  calculation  and  fee  shall  be  established  as  a rule by
  publication in the Environmental Notice Bulletin no  later  than  thirty
  days  after  the  budget  bills making appropriations for the support of
  government are enacted or July first, whichever is later,  of  the  year
  such fee will be effective. In no event shall the fee established herein
  be any greater than the maximum fee identified pursuant to this section.
* NB Effective until January 1, 2027
* 1.  Commencing  January  first,  two thousand twenty-seven and every
  year thereafter, all sources of regulated  air  contaminants  identified
  pursuant  to  subdivision  one  of section 19-0311 of this chapter shall
  submit to the department an annual  base  fee  of  eight  thousand  five
  hundred  dollars per facility. This base fee shall be in addition to the
  fees listed below. Commencing January first, two  thousand  twenty-seven
  and  every  year  thereafter,  all sources of regulated air contaminants
  identified pursuant to  subdivision  one  of  section  19-0311  of  this
  chapter  shall  submit to the department an annual fee not to exceed the
  per ton fees described below. The per ton fee is assessed on each ton of
  emissions of each regulated air  contaminant  as  follows:  two  hundred
  dollars  per  ton  for  facilities  with  total  emissions less than one
  thousand tons annually; two hundred  twenty-five  dollars  per  ton  for

  facilities  with  total  emissions of one thousand or more but less than
  two thousand tons annually;  two  hundred  fifty  dollars  per  ton  for
  facilities  with  total  emissions of two thousand or more but less than
  five  thousand  tons  annually;  and  three  hundred dollars per ton for
  facilities with total emissions of five thousand or more tons  annually.
  Such  fees  shall  be sufficient to support an appropriation approved by
  the legislature for the direct and indirect costs  associated  with  the
  operating permit program established in section 19-0311 of this chapter.
  Such fees shall be established by the department and shall be calculated
  by  dividing  the  amount  of  the  current  year appropriation from the
  operating permit program account of the clean air fund by the total tons
  of emissions of regulated  air  contaminants,  including  hazardous  air
  pollutants,  that  are subject to the operating permit program fees from
  sources subject to the operating  permit  program  pursuant  to  section
  19-0311  of this chapter; provided that, in making such calculation, the
  department shall adjust their calculation to account for any deficit  or
  surplus  in  the  operating permit program account of the clean air fund
  established pursuant to section ninety-seven-oo of the state finance law
  and the rate of collection by the department of the bills issued for the
  fees for the prior year.
Notwithstanding the provisions of the state  administrative  procedure
  act,  such  calculation  and  fees  shall  be  established  as a rule by
  publication in the Environmental Notice Bulletin no  later  than  thirty
  days  after  the  budget  bills making appropriations for the support of
  government are enacted or July first, whichever is later,  of  the  year
  such  fees  will  be  effective.  In no event shall the fees established
  herein be any greater than the maximum fee identified pursuant  to  this
  section.
* NB Effective January 1, 2027
* 2.  Bills  issued for the fee shall be based on actual emissions for
  the  prior  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.  Persons
  required  to  submit  an emissions statement to the department shall use
  such statement to demonstrate actual emissions under this section.
* NB Effective until January 1, 2027
* 2. Bills issued for the fees established by subdivision one of  this
  section  shall be based on actual emissions for the prior 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. Persons required to  submit  an  emissions
  statement  to  the  department  shall  use such statement to demonstrate
  actual emissions under this section.
* NB Effective January 1, 2027
3. Effective January  first,  nineteen  hundred  ninety-seven  through
  December    thirty-first,    nineteen    hundred    ninety-eight,    and
  notwithstanding the requirements of the state  administrative  procedure
  act,  the  cap  of  twenty-five  dollars  per  ton shall increase by the
  percentage, if any, by  which  the  consumer  price  index  exceeds  the
  consumer price index for the calendar year nineteen hundred eighty-nine.
a.  The  consumer  price index for any calendar year is the average of
  the consumer price index for all urban consumers published by the United
  States department of labor, as of the close of the  twelve-month  period
  ending on August thirty-first of each calendar year.
b.  The  revision  of  the  consumer price index for the calendar year
  nineteen hundred eighty-nine shall be used in the event  the  department
  of labor revises its method of determining the consumer price index.
4. The fees established pursuant to this section shall not be assessed
  on  emissions  of carbon monoxide or any class I or II substance subject
  to a standard promulgated pursuant to section 7671 of the Act.
5.  Any regulated air contaminant subject to the fees imposed pursuant
  to this section which qualifies as both a volatile organic compound  and
  a  hazardous air pollutant regulated pursuant to section 7412 of the Act
  shall not be counted under both categories for the purpose of  assessing
  fees.
6.  On  or  before  April  first,  nineteen  hundred  ninety-four, and
  biennially thereafter, the department of audit and control shall prepare
  and submit to the governor and the legislature an audit  on  the  fiscal
  status  of  the  operating  permit  program  created pursuant to section
  19-0311 of this chapter. Such audit shall include:
a. an assessment of the  actual  direct  and  indirect  costs  of  the
  operating  permit  program incurred, and the revenues received from fees
  imposed pursuant to this  section  and  penalties  imposed  pursuant  to
  subdivision  twelve  of  section  72-0201  of  this  article  during the
  previous fiscal year;
b. an estimate of the direct  and  indirect  costs  of  the  operating
  permit  program  that will be incurred, and the revenues estimated to be
  received from fees  imposed  pursuant  to  this  section  and  penalties
  imposed  pursuant  to  subdivision  twelve  of  section  72-0201 of this
  article during the current fiscal year; and
c. an estimate of any balance in the account that will be available at
  the end of the current fiscal year.
* 7. Any person required to pay fees imposed pursuant to this  section
  may  elect  to  base  such  fees on the level of permitted emissions set
  forth in a permit, certificate or approval issued  pursuant  to  section
  19-0311 of this chapter.
* NB Effective until January 1, 2025
* 7.  The  department  may  reduce  the  fee charged for categories of
  stationary sources, taking into account the financial resources of  such
  sources, consistent with the provisions of section 7661f(f) of the Act.
* NB Effective January 1, 2025
* 8.  The  department  may  reduce  the  fee charged for categories of
  stationary sources, taking into account the financial resources of  such
  sources, consistent with the provisions of section 7661f(f) of the Act.
* NB Effective until January 1, 2025
* 8.  If  a  city  or  county  shall  be  delegated  the  authority to
  administer the operating permit program established pursuant to  section
  19-0311  of this chapter it may collect the fees established pursuant to
  this section and no additional liability for  fees  under  this  section
  shall accrue for any such source.
* NB Effective January 1, 2025
* 9.  If  a  city  or  county  shall  be  delegated  the  authority to
  administer the operating permit program established pursuant to  section
  19-0311  of this chapter it may collect the fees established pursuant to
  this section and no additional liability for  fees  under  this  section
  shall accrue for any such source.
* NB Effective until January 1, 2025
* 9.  No  later than September thirtieth, nineteen hundred ninety-four
  and before September thirtieth of each subsequent year,  the  department
  shall  report  to  the  governor,  the legislature and the department of
  audit and control on: (i) the actual direct and indirect  costs  of  the
  operating permit program incurred, and the revenues received pursuant to
  fees  imposed by this section, during the previous fiscal year; (ii) the
  estimated direct and indirect costs of the operating permit program that
  will be incurred, and the anticipated revenues received  or  anticipated

  to  be  received  pursuant  to  fees imposed by this section, during the
  current fiscal year; (iii) an estimate of the direct and indirect  costs
  of  the operating permit program that will be incurred, and the tonnages
  of  pollutants  anticipated  to  be  subject to the fees imposed by this
  section, during the subsequent fiscal year;  (iv)  an  estimate  of  any
  balance  in  the  operating permit program account of the clean air fund
  that will be available at the end of the  current  fiscal  year;  (v)  a
  recommendation  regarding  adjustments  to  the  fees imposed under this
  section necessary to assure that the operating  permit  program  account
  has  adequate  funds  to  finance  the  direct  and indirect cost of the
  operating permit program during future fiscal years; and (vi) the number
  of operating permit applications upon which  the  department  has  taken
  final  action  in  the previous fiscal year, the average review time per
  permit, the number of person hours spent per permit, and the  number  of
  completed  permit  applications  which are pending final action. Reports
  and accountings required to be  filed  with  the  administrator  of  the
  United  States environmental protection agency may serve to satisfy this
  requirement.
* NB Effective January 1, 2025
* 10. No later than September thirtieth, nineteen hundred  ninety-four
  and  before  September thirtieth of each subsequent year, the department
  shall report to the governor, the  legislature  and  the  department  of
  audit  and  control  on: (i) the actual direct and indirect costs of the
  operating permit program incurred, and the revenues received pursuant to
  fees imposed by this section, during the previous fiscal year; (ii)  the
  estimated direct and indirect costs of the operating permit program that
  will  be  incurred, and the anticipated revenues received or anticipated
  to be received pursuant to fees imposed  by  this  section,  during  the
  current  fiscal year; (iii) an estimate of the direct and indirect costs
  of the operating permit program that will be incurred, and the  tonnages
  of  pollutants  anticipated  to  be  subject to the fees imposed by this
  section, during the subsequent fiscal year;  (iv)  an  estimate  of  any
  balance  in  the  operating permit program account of the clean air fund
  that will be available at the end of the  current  fiscal  year;  (v)  a
  recommendation  regarding  adjustments  to  the  fees imposed under this
  section necessary to assure that the operating  permit  program  account
  has  adequate  funds  to  finance  the  direct  and indirect cost of the
  operating permit program during future fiscal years; and (vi) the number
  of operating permit applications upon which  the  department  has  taken
  final  action  in  the previous fiscal year, the average review time per
  permit, the number of person hours spent per permit, and the  number  of
  completed  permit  applications  which are pending final action. Reports
  and accountings required to be  filed  with  the  administrator  of  the
  United  States environmental protection agency may serve to satisfy this
  requirement.
* NB Effective until January 1, 2025