New Jersey Increases Air Permitting Fees

As published in the August 18, 2014 New Jersey Register, the New Jersey Department of Environmental Protection (NJDEP) has proposed to increase the service fees for permitting stationary sources of air pollution.  Current revenue received from existing fees is less than the costs incurred by NJDEP to perform permitting, enforcement, and planning.  The proposed fee increase will affect the following permit application fees:

• Air permit applications for minor facilities, as regulated by N.J.A.C. 7:27-8,
• Air permit applications for major facilities, as regulated by N.J.A.C. 7:27-22,
• General air permit registration fees for minor facilities, and
• General air permit registration fees for major facilities.

The proposed increase to the service fees for both minor and major facilities is approximately 44%.  For example, the fee for an application for a preconstruction permit will increase from $1,755 to $2,527 for the first piece of equipment and from $410 to $590 for each additional piece of equipment.  Fees to renew an operating certificate will increase from $880 to $1,267.  Fees for Best Available Control Technology (BACT), Lowest Achievable Emission Rate (LAER), and State of the Art (SOTA) evaluations will increase from $5,845 to $8,417.  MACT evaluations will increase from $1,755 per MACT standard to $2,527, while NSPS evaluations will increase more dramatically from $1,755 per NSPS standard to $8,417.  NJDEP proposes to raise all general permit registration and renewal fees for minor facilities to $820. 

A public hearing is scheduled for September 22, 2014 and comments will be accepted electronically until October 17, 2014.  The proposed fees will become effective 60 days after adoption.