This chapter establishes fees pursuant to Chapter 1 of Title 24 of the Administrative Code (the "Air Code").
(Added City Record 3/29/2016, eff. 4/28/2016)
All terms shall have the same meaning as the definitions set forth in § 24-104 of the Administrative Code.
(Added City Record 3/29/2016, eff. 4/28/2016)
The fee for a new registration or registration renewal is as follows:
(a) (1) For boilers or water heaters:
Input in MMBTU/HR | Fee No. 2 FUEL OIL &/Or NATURAL GAS | Fee No. 4 FUEL OIL ONLY OR #4 FUEL OIL & NATURAL GAS |
0.35 to less than 1.0 | $110 | $110 |
1 to less than 2.8 | $190 | $345 |
2.8 to less than 4.2 | $345 | $345 |
(2) The fee for each field re-inspection required because of a notice of disapproval for a major deficiency shall be equal to the fee required in paragraph (1) of this subdivision for those boilers and water heaters 2.8 to less than 4.2 MMBTU/HR.
(3) There shall be an additional fee imposed for each registration issued or renewed on the basis of a notarized affidavit supplied in response to a notice of disapproval for a minor deficiency issued after a field inspection shall be equal to fifty percent of the fee required in paragraph (1) of this subdivision for those boilers and water heaters 2.8 to less than 4.2 MMBTU/HR.
(b) For demolitions, a person applying for the registration of the demolition of a building shall pay a fee to be computed by multiplying the street frontage in feet by the number of stories of the building times 25 cents, provided that the minimum fee shall not be less than $250.00. Wherever a building shall have frontage on more than one street, the longer frontage shall be used in the above computation.
(c) For spraying of insulation, a person applying for the registration of the spraying of insulating material shall pay a fee to be computed by multiplying the street frontage in feet by the number of stories of the building times 60 cents, provided that the minimum fee shall not be less than $250.00. Wherever a building shall have frontage on more than one street, the longer frontage shall be used in the above computation.
(d) For generators:
Output in KW | Fee |
40 to less than 100 | $110 |
100 to less than 280 | $190 |
280 to less than 450 | $345 |
For higher outputs, see subdivision (h) of 15 RCNY § 34-04.
(e) For engines:
Output in HP | Fee |
50 to less than 135 | $110 |
135 to less than 375 | $190 |
375 to less than 600 | $345 |
For higher outputs, see subdivision (i) of 15 RCNY § 34-04.
(f) For cogeneration, and other fossil fuel burning equipment:
Total Heat Input in MMBTU/HR | Fee |
0.35 to less than 1.0 | $110 |
1 to less than 2.8 | $190 |
2.8 to less than 4.2 | $345 |
(g) For flares, one hundred ninety (190) dollars.
(h) For equipment used in a process with an environmental rating of C:
Emission in CFM | Fee |
100 To 2,000 | $250 |
(i) For gasoline dispensing stations, one hundred ($190) dollars.
Editor's note: the fee in 15 RCNY § 34-03(i) above is presented herein exactly as promulgated by DEP Rule effective 3/29/2016.
(j) The fee to amend a registration shall be sixty-five ($65) dollars.
(k) The fee to register a commercial char broiler shall be one hundred ten ($110) dollars.
(l) The fee to register a mobile food vending unit shall be one hundred ten ($110) dollars, except that the fee will be waived for up to twelve (12) years if a Tier IV engine is installed.
(m) The fee for any other registrations shall be one hundred ten ($110) dollars.
(Added City Record 3/29/2016, eff. 4/28/2016; amended City Record 8/5/2016, eff. 9/4/2016)
(a) For boilers and water heaters using fuel oil grade # 2 or natural gas:
Input in MMBTU/HR | Fee |
4.2 To Less Than 10 | $345 |
10 To Less Than 20 | $470 |
20 To Less Than 35 | $595 |
35 To Less Than 50 | $700 |
50 To Less Than 70 | $830 |
70 To Less Than 100 | $940 |
100 To Less Than 140 | $1,440 |
140 Or More | $1,440 plus $125 per additional 10 MMBTU/HR Or Fraction Thereof Not To Exceed $10,000. |
(b) For boilers and water heaters using fuel oil grade #4 or fuel oil grade #6:
Input in MMBTU/HR | Fee |
4.2 To Less Than 7 | $470 |
7 To Less Than 14 | $595 |
14 To Less Than 21 | $700 |
21 To Less Than 28 | $830 |
28 To Less Than 35 | 940 |
35 To Less Than 42 | $1,440 |
42 Or More | $1,440 plus $125 per additional 10 MMBTU/HR Or Fraction Thereof Not To Exceed $10,000. |
For boiler using both fuel oil and natural gas, the fee imposed will be based on the grade of fuel oil used.
(c) For equipment used in a process with an environmental rating of C:
Emission in CFM | Fee |
2,001 thru 5,000 | $250 |
5,001 Thru 20,000 | $470 |
20,001 Thru 50,000 | $700 |
50,001 Thru 100,000 | $940 |
100,001 Or More | $1,405 |
(d) For equipment used in a process with an environmental rating of B:
Emission in CFM | Fee |
5,000 Or Less | $280 |
5,001 Thru 20,000 | $525 |
20,001 Thru 50,000 | $795 |
50,001 Thru 100,000 | $1,060 |
100,001 Or More | $1,580 |
(e) For equipment used in a process with an environmental rating of A:
Emission in CFM | Fee |
5,000 Or Less | $315 |
5,001 Thru 20,000 | $590 |
20,001 Thru 50,000 | $875 |
50,001 Thru 100,000 | $1,175 |
100,001 Or More | $1,750 |
(f) For dry cleaning equipment, two hundred and fifty ($250) dollars per unit.
(g) For cogeneration, and other fossil fuel burning equipment:
Total Heat Input in MMBTU/HR | Fee |
4.2 to less Than 10 | $345 |
10 To Less Than 20 | $470 |
20 To Less Than 35 | $595 |
35 To Less Than 50 | $700 |
50 To Less Than 70 | $830 |
70 To Less Than 100 | $940 |
100 To Less Than 140 | $1,440 |
140 Or More | $1,440 plus $125 per additional 10 MMBTU/HR Or Fraction Thereof Not To Exceed $10,000. |
(h) For generators:
Output in KW | Fee |
450 to less than 1,000 | $345 |
1,000 to less than 2,000 | $470 |
2,000 to less than 3,500 | $595 |
3,500 to less than 5,000 | $700 |
5,000 to less than 7,000 | $830 |
7,000 to less than 10,000 | $940 |
10,000 to less than 14,000 | $1,440 |
Over 14,000 | $1,440 plus $125 per additional 1,000 KW Or Fraction Thereof Not To Exceed $10,000. |
(i) For engines:
Output in HP | Fee |
600 to less than 1,340 | $345 |
1,340 to less than 2,680 | $470 |
2,680 to less than 4,695 | $595 |
4,695 to less than 6,705 | $700 |
6,705 to less than 9,385 | $830 |
9,385 to less than 13,410 | $940 |
13,410 to less than 18,775 | $1,440 |
Over 18,775 | $1,440 plus $125 per additional 1,350 HP Or Fraction Thereof Not To Exceed $10,000. |
(j) For refuse burning equipment, incinerators and crematoriums:
Cross Section of Chamber in SF | Fee |
8 Or Less | $300 |
8.1 Through 25 | $475 |
25.1 Through 50 | $750 |
50.1 Through 75 | $1,500 |
75.1 Or More | $2,400 |
(k) The fee to amend a work permit or certificate of operation shall be sixty-five ($65) dollars.
(l) The fee for an application to reinstate an expired permit to install or alter equipment or apparatus filed more than thirty days but less than one hundred eighty days after the expiration date of the permit shall be equal to fifty percent of the fee for the permit to install or alter equipment.
(m) The fee for an application to reinstate an expired permit to install or alter equipment or apparatus more than one hundred eighty days after the expiration date of the permit shall be equal to the fee for a permit to install or alter equipment.
(n) The fee for each field re-inspection required because of a notice of disapproval for a major deficiency shall be equal to the fee required in subdivisions (a) through (i) of this section.
(o) There shall be an additional fee imposed for each operating certificate issued or renewed on the basis of a notarized affidavit supplied in response to a notice of disapproval for a minor deficiency issued after a field inspection shall be equal to fifty percent of the fee required in subdivisions (a) through (i) of this section.
(p) The expiration date of a valid operating certificate may be abridged by the commissioner for the convenience of the department for good cause shown. The fee to renew the abridged operating certificate shall be reduced by one third per each full or partial year that the unabridged operating certificate would have been, as set forth in subdivisions (a) through (i) of this section.
(Added City Record 3/29/2016, eff. 4/28/2016; amended City Record 8/5/2016, eff. 9/4/2016)
The fees for equipment approvals are as follows:
(a) For each application for acceptance of fuel burning equipment rated at equal to or greater than 2.8 million Btu per hour input or gross output firing rate, whichever is greater, $600.00.
(b) For each application for acceptance of apparatus, or of equipment other than fuel burning equipment, $400.00.
(c) For each application for an amendment of prior acceptance of equipment or apparatus, $300.00.
(Added City Record 3/29/2016, eff. 4/28/2016)
(a) An asbestos project notification (Form ACP7) shall be submitted with the following filing fee:
Project Size in LF or SF | Fee |
26 to 99 LF or 11 to 49 SF | $200 |
100 to 259 LF or 50 to 159 SF | $400 |
260 to 999 LF or 160 to 999 SF | $800 |
1,000 LF or 1,000 SF or more | $1,200 |
(b) An application for an asbestos abatement permit shall be submitted with the following filing fee:
Project Size in LF or SF | Fee |
More than 25 to 99 LF or More than 10 to 49 SF | $100 |
100 to 259 LF or 50 to 159 SF | $300 |
Large projects up to 1,000 LF or SF | $500 |
1,000 to 4,999 LF or SF | $700 |
5,000 to 9,999 LF or SF | $1,100 |
10,000 or More LF or SF | $1,300 |
(c) The fee for a new or renewed asbestos certificate is as follows:
Type of Certificate | Fee |
Restricted Asbestos Handler | $50 |
Asbestos Handler | $100 |
Asbestos Handler Supervisor | $100 |
Investigator | $250 |
(d) For each variance application where the combined amount (total of both square and linear feet on the ACP-7) of ACM is less than 5,000 feet, payment of the variance processing fee shall accompany the application and shall conform with the payment schedule as follows:
(1) Request to modify no more than one lettered subsection in any section category listed in subsection (e) below: $400 fee.
(2) For each additional subsection in any category listed in subsection (e): $200 fee.
(3) The maximum fee: $1,200.
(e) For each variance application where the combined amount (total of both square and linear feet on the ACP-7) of ACM is greater than or equal to 5,000 feet, payment of the variance processing fee shall accompany the application and shall conform with the payment schedule as follows:
(1) Request to modify no more than one lettered subsection in any section category listed in subsection (e): $600.
(2) For each additional subsection in any category listed in subsection (e): $300.
(3) The maximum fee: $1,800.
(e) Section categories shall be as follows:
CATEGORY | NYC Asbestos Control Program Section #s | 12 NYCRR Part 56 Section #s |
Air Monitoring | 31-45 | 56-4, 6 |
Materials and Equipment | 61 | 56-7 |
Work Place Preparation | 81-84 | 56-7 |
Work Place Procedures | 91-94 | 56-7 |
Abatement Procedures | 101-110 | 56-8 |
Clean-up Procedures | 111-112 | 56-9 |
Pre-Demolition | 120-129 | — |
(Added City Record 3/29/2016, eff. 4/28/2016)