N.J. Admin. Code § 7:27-22.31

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:27-22.31 - [Effective until 1/1/2025] Fees

(a) The owner or operator of a facility subject to this subchapter shall submit fees to the Department in accordance with this section. The type of fee due, and the amount due, will vary depending on the fiscal year, the amount of regulated air contaminant emissions at the facility, and the number of significant source operations at the facility. The types of fees are:

1. Annual emission fees, set forth at (b) below;

2. Initial operating permit application fees, based on the number of significant source operations at a facility, set forth at (d) below;

3. Significant modification fees, based on the number of pieces of equipment being modified per significant modification application, set forth at (e) below;

4. Renewal operating permit application fees, based on the number of pieces of equipment at a facility, set forth at (d) below;

5. Requests for approval of environmental improvement pilot tests set forth at (p) below; and

6. Fees to register sources under a general operating permit or to register used oil space heaters set forth at (p) and (aa) below.

(b) Annual emission fees shall be paid, according to (g) below, by January 31 of each fiscal year. Annual emission fees shall be based on the facility's actual emissions during the reporting year which was two years prior to the fiscal year for which the fee is due. (For example, annual emission fees due on January 31, 2002, which falls in fiscal year 2002, shall be based on the facility's emissions in reporting year 2000.) If actual emission information on a source operation is not reported on the Emission Statement for a specific pollutant, or if an Emission Statement has not been filed for a source operation, the annual emission fee shall be based on the allowable emissions in the facility's permit, or if no permit has been issued, on the facility's potential to emit. Guidance on calculating actual emissions and potential to emit may be requested from the Department at the address in 7:27-22.3(t). Guidance on calculating the CPI for purposes of fee calculations can be found at (i) below. A facility's annual emission fee shall be calculated as follows:

1. For annual emission fees due in FY98 through and including FY02, the annual emission fee shall be $ 25.00 (in 1989 dollars adjusted by the CPI) per ton of emissions, payable on all emissions of any regulated air contaminant except CO, and each facility subject to this subchapters shall pay a minimum emission fee of $ 1,000; and

2. For annual emission fees due in FY03 and thereafter, the annual emission fee shall be $ 60.00 (in 1989 dollars adjusted by the CPI) per ton of emissions, payable on all emissions of any regulated air contaminant, except CO[2], and each facility subject to this subchapter shall pay a minimum annual emission fee of $ 3,000.

(c) (Reserved)

(d) The initial operating permit application fee and the renewal operating permit application fee calculations are the same for all fiscal years. The application fee for an initial operating permit or a renewal of an operating permit shall be $ 125.00 for each piece of equipment listed on the permit application which, considered singly, constitutes a significant source operation as defined at 7:27-22.1. However, no initial operating permit application fee or renewal operating permit application fee shall exceed $ 50,000 per facility. Neither of these application fee payments should be submitted with an application. The applicant shall submit application fee payments in accordance with (g) below.

(e) Operating permit modification fees shall be paid after submittal of an application for a significant modification, in accordance with (g) and (k) through (aa) below.

(f) (Reserved)

(g) All fee payments for annual emissions, initial operating permit applications, significant modification operating permit applications, renewal operating permit applications and requests for approval of environmental pilot tests required by this section shall be paid by credit card, Internet electronic checking, personal check or corporate check made payable to the "Treasurer, State of New Jersey," and shall be submitted within 30 days after the applicant receives an invoice to the address indicated on the invoice.

(h) On or before March 1, 1996, and annually thereafter, the Department shall prepare and submit to the Governor and the Legislature the report required by P.L. 1995, c.188, § 7 (26:2C-9.7) , which will include information on whether there is a need for legislative action to adjust the annual emission fee to adequately fund the operating permit program.

(i) The Consumer Price Index which is used to adjust the annual emission fee shall be calculated using the CPI-U data published monthly by the U.S. Department of Labor. The CPI-U data is re-published monthly in the Survey of Current Business, Bureau of Economic Analysis, U.S. Department of Commerce. The percentage increase in the CPI for the current year, relative to the CPI for 1989, shall be determined in accordance with the following procedure:

1. The CPI for 1989 is 122.15, representing the average of the monthly CPI-U for the 12 month period ending August 31, 1989;

2. The CPI to be used in calculating the fee for the current fiscal year shall be the average of the monthly CPI-U for the 12 month period ending August 31 of the current fiscal year. For example, the CPI for the fee which is due on January 31, 1999, for fiscal year 1999 shall be the average of the monthly CPI-U for the 12 month period ending August 31, 1998;

3. The percentage increase in the current CPI relative to the 1989 CPI shall be calculated in accordance with the following formula:

Current Year CPI - 122.15
i. Percentage Increase = 100 [times]	-----------------------------------
122.15

ii. Where:

Current Year CPI is the CPI determined pursuant to (i)2 above; and 122.15 is the CPI for 1989, pursuant to (i)1 above; and

4. If the percentage increase is a negative number, the annual emission fees shall not be decreased.

(j) To assist in calculations of the annual emission fee required pursuant to this section, the Department will annually publish a notice in the New Jersey Register in November of the fiscal year in which the fee is due, setting forth the percentage increase, for that year, of the current CPI relative to the 1989 CPI and the resultant per-ton emission fee for the year. The Department will calculate the percentage increase in accordance with the procedure set forth in (i) above.

(k) After the Department receives an application from a permittee for a significant modification of an operating permit, the Department will determine the significant modification application fee in accordance with the fee schedules referenced in (k)1 and 2 below. The significant modification application fee shall not exceed $ 50,000 per significant modification.

1. The base fee for application review, from the applicable Base Fee Schedule in (y) below; and

2. Any applicable fees for additional services, assessed in accordance with the applicable Supplementary Fee Schedule in (z) below.

(l) Prior to taking final action on any significant modification, the Department will invoice the applicant for any unpaid fee due pursuant to (k) above. The applicant shall submit all fees within 30 days of receipt of the invoice.

(m) (Reserved)

(n) Consistent with 7:27-22.1 0(e) and (f), if an applicant fails to submit additional information on the application, requested by the Department, by the due date provided in the request, the Department may deny the application. In such a case, a new fee shall be due for any subsequent application.

(o) If the operating permit requires the Department to incur any of the following charges, the permittee shall reimburse the Department for the full amount of these charges:

1. The charges billed by a telephone company for the maintenance of a dedicated telephone line for the electronic transmission of data; or

2. The charges billed by a laboratory for analyzing audit samples.

(p) If an application for an approval of an environmental improvement pilot test is related to an application for a significant modification, the Department shall determine the applicable fee from the Base Fee Schedule at (y) below and the Supplementary Fee Schedule at (z) below. After the Department receives the completed application form, the Department of the Treasury will send an invoice to the applicant. If a registration of a general operating permit or a used oil space heater is related to an application for a significant modification, the registrant shall submit the applicable registration fee from the Registration Fee Schedule at (aa) below.

(q) (Reserved)

(r) Through December 31, 2009, the Base Fee Schedule for significant modification applications shall be (r)1 through 3 below. On and after January 1, 2010, the Base Fee Schedule shall be as determined by (u) below.

Activity	Basis	Amount
1. Application for a significant	Per first new or changed	$ 1,500
modification for which the change	piece of equipment
meets the definition of modification	per significant
at N.J.A.C. 7:27-22.1	modification application
Per each additional new	$ 350.00
or changed piece of
equipment per significant
modification application
2. Application for a significant	Per significant	$ 500.00
modification in which the change	modification application
does not meet the definition of
modification at N.J.A.C. 7:27-22.1
3. Application for environmental	Per application	$ 500.00
improvement pilot test

(s) Through December 31, 2009, the Supplementary Fee Schedule for significant modification applications shall be (s)1 through 12 below. On and after January 1, 2010, the Supplementary Fee Schedule shall be as determined by (u) below.

Activity			Basis	Amount
1. Prevention of Significant Deterioration
a. PSD Applicability
i. Screen for PSD	Per Applicable Air	(Reserved)
Applicability	Contaminant
ii. Determine PSD	Per Review	(Reserved)
Applicability
b. Perform BACT Evaluation		Per Applicable Air	$ 5,000
		Contaminant
2. Sub 18 Emission Offsets
a. Determine Sub 18 Applicability		Per Review	$ 5,000
b. Perform LAER Evaluation		Per Applicable Air	$ 5,000
		Contaminant
3. RACT - AEL
a. Review Technology		Per Applicable Air	$ 5,000
		Contaminant
b. Prepare SIP Revision		Per SIP Revision	$ 2,500
4. Perform MACT Evaluation			Per	$ 1,500
			MACT
			Standard
5. Perform NSPS Evaluation			Per	$ 1,500
			NSPS
6. Perform SOTA Case-by-Case			Per Applicable	$ 5,000
Evaluation		Air Contaminant
7. Public Comment
a. Post Public Notices		Per Public Comment Period	$ 500.00
b. Conduct Public Hearing		Per Hearing	$ 5,000
c. Prepare Response to Comments		Per Response	$ 250.00
Document	Maximum Per Document	$ 5,000
8. Ambient Air Monitoring
a. Review Protocol
i. For (1) criteria	Per Protocol	$ 1,500
pollutants or (2) other
pollutants or parameters for
which EPA has provided
guidance
ii. For other pollutants	Per Protocol	$ 2,500
or parameters for which EPA
has not provided guidance
b. Inspect Monitoring Locations		Per Inspection	$ 500.00
Installation and Equipment
c. Review Quality Assurance Plan
i. For (1) criteria	Per Plan	$ 1,500
pollutants or (2) other
pollutants or parameters for
which EPA has provided
guidance
ii. For other pollutants	Per Plan	$ 2,500
or parameters for which EPA
has not provided guidance
d. Review Data		Per Required Report	$ 500.00
e. Audit Equipment		Per Audit	$ 500.00
9. Air Quality Impact Analysis - PSD
a. Evaluate Protocol		Per Protocol	$ 2,000
b. Review Screening Modeling		Per Review	$ 1,000
c. Review Refined Modeling		Per Review	$ 3,500
10. Air Quality Impact Analysis - non PSD
a. Evaluate Protocol		Per Protocol	$ 1,000
b. Review Screening Modeling		Per Review	$ 1,000
c. Review Refined Modeling		Per Review	$ 1,500
11. Risk Assessment
a. Evaluate Protocol		Per Protocol	$ 1,500
b. Review Risk Assessment		Per Review	$ 1,500
12. Testing
a. Stack Test
i. Evaluate Protocol (up	Per Protocol Per	$ 750.00
to three probes)	Stack
ii. Evaluate Protocol	Per Protocol Per	$ 1,000
(more than three probes)	Stack
iii. Review Testing Report	Per Report Per Stack	$ 750.00
(up to three probes)
iv. Review Testing Report	Per Report Per Stack	$ 1,000
(more than three probes)
b. Continuous Emission Monitors
i. Evaluate Equipment	Per Protocol Per	$ 500.00
Protocol	Stack
ii. Evaluate Performance	Per Protocol Per	$ 500.00
Specification Test Protocol	Stack
iii. Review Testing Report	Per Report Per Stack	$ 500.00
c. On-site Monitoring of Sample		Per Day Per Person	$ 750.00
Collection Pursuant to an
Approved Source-Specific
Testing Protocol
d. Periodic Monitoring Equipment		Per Protocol	$ 250.00
Protocol

(t) Through December 31, 2009, the fee schedule for a registration that is part of a significant modification application shall be paragraphs 1 and 2 below. On and after January 1, 2010, the fee schedule shall be as determined by (u) below.

Activity	Basis
Per Electronic	Per Paper Registration
Registration	Note: The Department
will not accept paper
registrations on or
after January 1, 2008
1. Registration for initial	$ 350.00	$ 500.00
authorization, or renewal of
authorization, to act under a
General Operating Permit
2. Registration for, or five	$ 250.00	$ 250.00
year renewal of, authorization to
operate a used oil space heater
under 7:27-20.3

(u) An increase of the fees in the Base Fee Schedule and Supplementary Fee Schedule shall be determined in accordance with this subsection.

1. The Department shall consider a fee increase operative for the five-year periods in Table 1.

2. An increase shall be an inflation factor based on the Consumer Price Index, All Urban Consumers, United States city average, all items (CPI-U) published by the United States Department of Labor, Bureau of Labor Statistics, available at http://www.bls.gov/cpi. The inflation factor used shall be the percent change over the preceding five-year period for the CPI-U, except the preceding six-year period shall be used to calculate the January 1, 2010 through December 31, 2014 five-year period.

3. The inflation factor for each five-year period shall be calculated as follows:

Recent CPI-U - Base CPI-U
Inflation Factor = 100 [times]	----------------------------------------
Base CPI-U

Where:

100 = Multiplier to convert fraction into percent

Recent CPI-U = the CPI-U for the August before January 1 of the next five-year period in Table 1. For example, a five-year period in Table 1 starts on January 1, 2015. The August before January 1, 2015 is August 2014. Therefore, the Recent CPI-U would equal the CPI-U for August 2014. Use the year as directed in Table 1.

Base CPI-U = the CPI-U for the sixth August before January 1 of the next five-year period in Table 1. An exception is that the Base CPI-U for the five-year period, January 1, 2010 through December 31, 2014, shall be the CPI-U for August 2003. Use the year as directed in Table 1.

Table 1
Five-Year Period	Base CPI-U	Recent CPI-U	New Jersey
Register
Publication
January 1, 2010 through	August 2003	August 2009	November 2009
December 31, 2014
January 1, 2015 through	August 2009	August 2014	November 2014
December 31, 2019
January 1, 2020 through	August 2014	August 2019	November 2019
December 31, 2024
January 1, 2025 through	August 2019	August 2024	November 2024
December 31, 2029
January 1, 2030 through	August 2024	August 2029	November 2029
December 31, 2034

4. If the inflation factor is a negative number, the fees set forth in (y), (z), and (aa) below shall remain unchanged.

5. If the inflation factor is a positive number, the percent increase shall be rounded to one decimal place. Each of the fees set forth in (y), (z), and (aa) below shall be multiplied by the rounded percent increase to preliminarily determine each fee's increase. Each fee's increase shall then be added to the fee to preliminarily determine the adjusted fee. The final adjusted fee shall then be determined by rounding up the preliminary adjusted fee to the next five dollars.

6. In November of the year preceding the year in which the adjusted fees are to be operative, the Department shall provide a public notice, which shall set forth the adjusted fees, if any, established under this subsection and operative on the following January 1. The Department shall provide public notice by publication of the notice and a notice of administrative change, setting forth the adjusted fees, in the New Jersey Register according to the schedule in Table 1 above. For example, the adjusted fees effective January 1, 2010 shall be published in November 2009.

7. The adjusted fees shall be operative starting the first day of each five-year period stated in Table 1.

8. The applicable fee schedule shall be determined as follows:

i. The Base Fee shall be the Base Fee operative on the date the Department receives an administratively complete application or notice.

ii. The Supplementary Fee shall be the Supplementary Fee operative on the date performance of the supplementary activity is completed.

9. From February 27, 2015, the adjusted fees are set forth at (y) through (aa) below.

(v)-(x) (Reserved)

(y) Effective January 1, 2020 through December 31, 2024, the adjusted Base Fee Schedule for significant modification applications shall be (y)1 through 4 below. Applications subject to the $ 50,000 application fee in (y)4 below are not subject to (y)1 through 3 below and the supplementary fees at (z) below.

Activity	Basis	Amount
1. Application for a significant modification for which the change meets the definition of modification at N.J.A.C. 7:27- 22.1, and for which a PSD or N.J.A.C. 7:27-18applicability determination is not required	Per first new or changed piece of equipment per significant modification application	$2,730
Per each additional new or changed piece of equipment per significant modification application	$640.00
2. Application for a significant modification in which the change does not meet the definition of modification at N.J.A.C. 7:27-22.1	Per significant modification application	$910.00
3. Application for environmental improvement pilot test	Per application	$910.00
4. Application for a significant modification for which the change meets the definition of modification at 7:27-22.1 and for which a PSD or N.J.A.C. 7:27-18applicability determination is required	Per application	$ 50,000

(z) Effective January 1, 2020 through December 31, 2024, the adjusted Supplementary Fee Schedule for significant modification applications shall be (z)1 through 12 below.

Activity	Basis	Amount
1. Prevention of Significant Deterioration
a. Determine PSD Applicability	Included in N.J.A.C. 7:27-22. 31(y)4
i. Screen for PSD Applicability	Per Applicable Air Contaminant
ii. Determine PSD Applicability	Per Review
b. Perform BACT Evaluation	Per Applicable Air Contaminant
2. Sub 18 Emission Offsets
a. Determine Sub 18 Applicability	Per Review	Included in N.J.A.C. 7:27-22. 31(y)4
b. Perform LAER Evaluation	Per Applicable Air Contaminant
3. RACT-AEL
a. Review Technology	Per Applicable Air Contaminant	$9,085
b. Prepare SIP Revision	Per SIP Revision	$4,545
4. Perform MACT Evaluation	Per MACT Standard	$2,730
5. Perform NSPS Evaluation	Per NSPS	$2,730
6. Perform SOTA Case-by-Case Evaluation	Per Applicable Air Contaminant	$9,085
7. Public Comment
a. Post Public Notices	Per Public Comment Period	$910.00
b. Conduct Public Hearing	Per Hearing	$9,085
c. Prepare Response to Comments Document	Per Response	$460.00
Maximum Per Document	$9,085
8. Ambient Air Monitoring
a. Review Protocol
i. For criteria pollutants or for other pollutants or parameters for which EPA has provided guidance	Per Protocol	$2,730
ii. For other pollutants or parameters for which EPA has not provided guidance	Per Protocol	$4,545
b. Inspect Monitoring Locations and Equipment Installation	Per Inspection	$910.00
c. Review Quality Assurance Plan
i. For criteria pollutants or for other pollutants or parameters for which EPA has provided guidance	Per Plan	$2,730
ii. For other pollutants or parameters for which EPA has not provided guidance	Per Plan	$4,545
d. Review Data	Per Required Report	$910.00
e. Audit Equipment	Per Audit	$910.00
9. Air Quality Impact Analysis - PSD
a. Evaluate Protocol	Per Protocol	Included in N.J.A.C. 7:27-22. 31(y)4
b. Review Screening Modeling	Per Review
c. Review Refined Modeling	Per Review
10. Air Quality Impact Analysis-non PSD
a. Evaluate Protocol	Per Protocol	$1,820
b. Review Screening Modeling	Per Review	$1,820
c. Review Refined Modeling	Per Review	$2,730
11. Risk Assessment
a. Evaluate Protocol	Per Protocol	$2,730
b. Review Risk Assessment	Per Review	$2,730
12. Testing
a. Stack Test
i. Evaluate Protocol (up to three probes)	Per Protocol Per Stack	$1,370
ii. Evaluate Protocol (more than three probes)	Per Protocol Per Stack	$1,820
iii. Review Testing Report (up to three probes)	Per Report Per Stack	$1,370
iv. Review Testing Report (more than three probes)	Per Report Per Stack	$1,820
b. Continuous Emission Monitors
i. Evaluate Equipment Protocol	Per Protocol Per Stack	$910.00
ii. Evaluate Performance Specification Test Protocol	Per Protocol Per Stack	$910.00
iii. Review Testing Report	Per Report Per Stack	$910.00
c. On-site Monitoring of Sample Collection Pursuant to an Approved Source-Specific Testing Protocol	Per Day Per Person	$1,370
d. Periodic Monitoring Equipment Protocol	Per Protocol	$460.00

(aa) Effective January 1, 2020 through December 31, 2024, the adjusted fee schedule for a registration is set forth at (aa)1 and 2 below.

Activity	Basis	Amount
1. Registration for initial authorization, or renewal of authorization, to act under a General Operating Permit	Per Registration	$885.00
2. Registration for, or five-year renewal of, authorization to operate a used oil space heater under N.J.A.C. 7:27-20.3	Per Registration	$885.00

N.J. Admin. Code § 7:27-22.31

Amended by 47 N.J.R. 467(a), effective 2/17/2015

Administrative Change, 51 N.J.R. 1605(b).