N.J. Admin. Code § 7:27-8.6

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

Section 7:27-8.6 - [Effective until 1/1/2025] Service fees

(a) A registrant shall submit the applicable registration fee listed in the Base Fee Tables below with the completed registration, using NJDEP Online (the Department's online permit application portal).

(b) After a person submits a completed application form or notice, the Department will assess and invoice the person for the base fee and any supplementary fee due to the Department, assessed in accordance with the Base Fee Tables and the Supplementary Fee Schedule below. The person shall submit any fees so assessed, either using NJDEP Online or to the mailing address listed on the invoice, within 30 days of receipt of the invoice.

(c) (Reserved)

(d) If an application is denied or a permit is revoked, for any reason, and the applicant reapplies, the new application shall meet all application requirements, including the fee requirement.

(e) Any fee under this section that is subject to N.J.A.C. 7:1L may be paid in installments in accordance with N.J.A.C. 7:1L.

(f) Except for applications for sources at facilities subject to (g) below, a complete application fee for a preconstruction permit and certificate shall include all applicable fees as set forth below in the Base Fee Tables and the Supplementary Fee Schedule.

(g) The owner or operator of a facility subject to N.J.A.C. 7:27-22is not required to pay the operating certificate fees set forth in the Tables below after June 30, 1995. However, the owner or operator of a facility subject to N.J.A.C. 7:27-22is required to maintain operating certificates for sources at the facility under this subchapter until the issuance of an operating permit for the facility. In addition, after June 30, 1995, the owner or operator shall pay fees in accordance with 7:27-22.31for any significant modification, as defined in the operating permits rules at 7:27-22.1, while the issuance of an operating permit for the facility is pending.

(h) Fees due to the Department may be paid by credit card, Internet electronic checking, personal check, or corporate check, made payable to "Treasurer, State of New Jersey."

(i) and

(j) (Reserved)

(k) There is no fee for an insignificant source, even if emissions from an insignificant source must be listed on an application under 7:27-8.4(g).

(l) An increase of the fees in the Base Fee Tables 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 calculated using 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 x	---------------------------
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 the subchapter 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 this section 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 operative January 1, 2010 shall be published in November 2009.

7. The adjusted fees, listed under A (Base Fee Tables) and B (Supplementary Fee Schedule) below, shall be operative starting the first day of each five-year period stated in Table 1.

8. The applicable fee 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.

A. BASE FEE TABLES

Table A-1

Registration fees

Activity	Basis	Amount
January 1, 2020 through December 31, 2024
Registration for initial authorization, or renewal of authorization, to act under a General Permit:
--Listed at N.J.A.C. 7:27-8.8(c), other than (c) 12	Per registration	$885.00
--Listed at N.J.A.C. 7:27-8.8(c)12	Per registration	$885.00
Registration for initial authorization, or renewal of authorization, to operate a used oil space heater under N.J.A.C. 7:27-20.3	Per registration	$885.00

Table A-2 Permit fees

Activity	Basis	Amount
January 1, 2020 through December 31, 2024
Application for a preconstruction permit and operating certificate	Per first piece of equipment per initial permit application	$2,730
Per each additional piece of equipment per initial permit application	$640.00
Application for environmental improvement pilot test	Per application	$910.00
Renewal of an operating certificate	Per first piece of equipment per operating certificate	$1,370
Per each additional piece of equipment per operating certificate	$365.00
Application for a preconstruction permit and operating certificate revision	Per first new or changed piece of equipment per permit revision application	$2,730
Per each additional new or changed piece of equipment per permit revision application	$640.00
Application for a compliance plan change	Per application	$910.00
Notice of a seven-day-notice change	Per notice	$910.00

Table A-3 Notice of amendment fees

Activity	Basis	Amount
January 1, 2020 through December 31, 2024
Change in identifying information under N.J.A.C. 7:27-8.21(b)1	Per facility	$190.00
Transfer of ownership under N.J. A.C. 7:27-8.21(b)2	Per facility	$190.00
Change in equipment or stack designation under N.J.A.C. 7:27-8.21(b)3	Per preconstruction permit and operating certificate amended	$190.00
A change listed in N.J.A.C. 7:27-8.21(b)4, 5, 6, or 8	Per preconstruction permit and operating certificate amended	$910.00
Correction of a typographical error under N.J.A.C. 7:27- 8.21 (b)7	Per preconstruction permit and operating certificate amended	$190.00
Change in identifying information on a registration form as specified under N.J.A.C. 7:27- 8.21(d)1	Per facility	$190.00
Transfer of ownership of a registered facility under N.J.A.C. 7:27-8.21(d)2	Per facility	$190.00

B. SUPPLEMENTARY FEE SCHEDULE

Activity	Basis	Amount
January 1, 2020 through December 31, 2024
1. Prevention of Significant Deterioration
a. Determine PSD Applicability	Per Review	$9,085
b. Perform BACT Evaluation	Per Applicable Air Contaminant	$9,085
2. Sub 18 Emission Offsets
a. Determine Sub 18 Applicability	Per Review	$9,085
b. Perform LAER Evaluation	Per Applicable Air Contaminant	$9,085
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	$3,640
b. Review Screening Modeling	Per Review	$1,820
c. Review Refined Modeling	Per Review	$6,365
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
13. Periodic Compliance Inspection	Per Inspection Per Certificate	$735.00

N.J. Admin. Code § 7:27-8.6

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

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