Legislation
SECTION 72-0302
State air quality control fees
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 72, TITLE 3
* § 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
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