New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 27 - AIR POLLUTION CONTROL
Subchapter 22 - OPERATING PERMITS
Section 7:27-22.31 - 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:

(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:

(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:

(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.

(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:

(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.

(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.

(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.

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

(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.

(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.

(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.