DEP Rules Concerning the Establishment of Fees

Adopted Rules: Closed to Comments

Effective Date: 
Friday, May 6, 2016
Download Copy of Adopted Rule (.pdf): 

Statement of Basis and Purpose of Proposed Rule
Subchapter 5 of Chapter 1 of Title 24 of the Administrative Code, which set forth fees to be imposed under the Air Pollution Control Code (the “Air Code”), was repealed by Local Law 38 of 2015, which has an effective date of May 6, 2016. This rule establishes fees to replace the repealed subchapter. The new fee schedule retains the existing fees and establishes fees for previously unregulated equipment that are regulated under the revised Air Code. These sources include char broilers, which require a registration, and cogeneration systems, which require a certificate of operation.
The new fee schedule also reflects the changes that have been made in the revised Air Code to reflect more accurate units of measurement for various types of equipment, such as kilowatts for generators and horsepower for engines. The current code uses British Thermal Units (btu) as the unit of measurement for all types of fuel burning equipment. The revised Air Code clarifies that the output of some types of equipment is more accurately measured by horsepower (HP) or kilowatts (KW) and the new fee schedule reflects this. The use of this more accurate terminology does not affect the fees imposed.
The fee schedule also reflects the change that has been made in the Air Code, which increases the threshold for boiler and engine registrations from 2.8 million Btu per hour to 4.2 million Btu per hour. By increasing the threshold, more boiler applications can be filed through the registration process, which is available for on-line filing.
Finally, the asbestos fees, which are set forth in Subchapter 6 of the current Air Code, were also repealed by Local Law 38 and are replaced by fees set forth in the rule. The amounts of the existing fees are unchanged.