Major Facility Annual Emission Fees and Reconstruction Threshold Amount for FY 2022

The New Jersey Department of Environmental Protection (Department) is providing this notification to affected facilities regarding the changes to the major facility annual emission fees and the reconstruction threshold amount for fiscal year (FY) 2022. The Department has published a notice of these changes in the November 15, 2021, New Jersey Register.

CPI Percentage Increase for Annual Emission Fee

An annual emission fee must be paid by each major facility subject to N.J.A.C. 7:27-22. The annual emission fee is calculated each year according to N.J.A.C. 7:27-22.31(b), which applies the CPI adjustment to the base amount per ton of emissions. Applying the CPI adjustment since 1989 to the base amount of $60.00 per ton results in an annual emission fee for FY 2022 of $130.39. Therefore, a facility subject to this fee must multiply $130.39 times the quantity of regulated air contaminant emissions emitted in tons during calendar year 2020. The result is the fee the facility must submit to the Department by January 31, 2022. Invoices will be mailed to major facilities based on emissions reported in the Emission Statement submitted for calendar year 2020. Even if a major facility has not submitted an Emission Statement or received an invoice, it is obligated to pay emission fees by the due date.

CPI Percentage Increase for Threshold Dollar Amount for Reconstruction

The CPI percentage increase for reconstruction of a significant source operation is calculated each year consistent with N.J.A.C. 7:27-8.23(a)2. Applying the CPI adjustment of 75.71%, relative to the 1995 CPI, to the base amount of $80,000 results in the threshold dollar amount of $140,568 for FY 2022. Beginning on November 15, 2021, a facility must use this dollar amount when calculating reconstruction thresholds relative to fixed capital cost.