2023 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.
* NB Effective until January 1, 2025
* § 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.
* NB Effective January 1, 2025