N.Y. Environmental Conservation Law § 72-0302

§ 72-0302. State air quality control fees.\n 1. All persons, except those required to pay a fee under section\n72-0303 of this article, who are required to obtain a permit,\ncertificate or approval pursuant to the state air quality control\nprogram shall submit to the department a per emission point fee in an\namount established as follows:\n a. $11,000.00 for a stationary combustion installation having a\nmaximum operating heat input equal to or greater than fifty million\nBritish thermal units per hour as stated on the most recent application\nfor a permit to construct or application for a certificate to operate\nand which emits or has the potential to emit equal to or greater than\nany one of the following:\n (i) one hundred tons per year of oxides of nitrogen, or if located in\na severe ozone nonattainment area, twenty-five tons per year; or\n (ii) one hundred tons per year of sulfur dioxide; or\n (iii) one hundred tons per year of particulates.\n b. $2,000.00 for all stationary combustion installations which are not\nincluded under paragraph a of this subdivision and which have a maximum\noperating heat input greater than fifty million British thermal units\nper hour as stated on the most recent application for a certificate to\noperate.\n c. $100.00 for a stationary combustion installation having a maximum\noperating heat input less than fifty million British thermal units per\nhour as stated on the most recent application for a certificate to\noperate.\n d. $2,000.00 for a process air contamination source for an annual\nemission rate equal to or greater than twenty-five tons per year of any\none of the following: sulfur dioxide, nitrogen dioxide, total\nparticulates, carbon monoxide, total volatile organic compounds and\nother specific air contaminants. The annual emission rate shall be the\nactual annual emission rate as stated on the most recent application for\na permit to construct or application for a certificate to operate. In\nthe event that hours of operation have not been specified on the\napplications then maximum possible hours of operation (8760 hours) will\nbe used to calculate actual annual emissions.\n e. $160.00 for a process air contamination source, except a gasoline\ndispencing site, for an annual emission rate less than twenty-five tons\nper year of any one of the following: sulfur dioxide, nitrogen dioxide,\ntotal particulates, carbon monoxide, total volatile organic compounds\nand other specific air contaminants. The annual emission rate shall be\nthe actual annual emission rate as applied for on the most recent\napplication for a permit to construct or application for a certificate\nto operate. In the event that hours of operation have not been specified\non the applications then maximum possible hours of operation (8760\nhours) will be used to calculate actual annual emissions.\n f. $2,000.00 for an incinerator capable of charging two thousand\npounds of refuse per hour or greater. The charging capacity will be\nestablished in accordance with the application for the most recent\npermit to construct or application for a certificate to operate the\nincinerator source and will be calculated on an emission point basis.\n g. $160.00 for an incinerator with a maximum design charge rate of\nless than two thousand pounds of refuse per hour. The charging capacity\nwill be established in accordance with the application for the most\nrecent permit to construct or application for a certificate to operate\nthe incinerator source and will be calculated on an emission point\nbasis.\n Provided, however, that where a city or county is delegated the\nauthority to administer the state air quality control program, or any\nportion thereof, pursuant to paragraph p of subdivision two of section\n3-0301 of this chapter and such city or county collects a fee in\nconnection with the issuance of a permit, certificate or approval for a\ncombustion installation, incinerator or process air contamination\nsource, no additional liability for fees under this section shall accrue\nfor the particular combustion installation, incinerator or process air\ncontamination source that is subject to the delegation.\n