COLUSA COUNTY AIR POLLUTION CONTROL DISTRICT

REGULATION IV - FEES


RULE 4.13 - TITLE V SUPPLEMENTAL ANNUAL FEE

(Adopted 1/11/94)

This fee rule shall apply only to sources subject to Rule 3.17 (Permits to Operate for Sources Subject to Title V of the Federal Clean Air Act Amendments of 1990). The fees collected pursuant to this rule shall supplement the fee requirements in Rule 4.5 (Annual Permit to Operate Renewal Fees), if applicable.

a. Payment of Supplemental Fee [Reference: 40 CFR Part 70.9(b)(2)(I)]

A owner or operator, or his or her delegee, shall pay an annual supplemental fee for a permit to operate pursuant to Rule 3.17 as determined by the calculation method in subsection c. below to meet an overall fee rate of $25 per ton of fee-based emissions (CPI adjusted), unless subsection b. below applies.

  1. "Fee-based emissions" means the actual rate of emissions in tons per year of any fee pollutant, including fugitive emissions, emitted from the stationary source over the preceding year or any other period determined by the APCO to be representative of normal operation. Fee-based emissions shall be calculated using each emission unit's actual operating hours, production rates, and in-place control equipment; types of material processed, stored, or combusted during the preceding calendar year, or other time period established by the APCO. [Reference: 40 CFR Part 70.9(b)(2)(iii)]
  2. "Fee pollutant" means oxides of nitrogen, volatile organic compounds, any pollutant for which a national ambient air quality standard has been promulgated by the U.S. EPA (excluding carbon monoxide), and any other pollutant that is subject to a standard or regulation promulgated by the U.S. EPA under the CAA or adopted by the District pursuant to section 112(g) and (j) of the CAA. Any air pollutant that is regulated solely because of a standard or regulation under section 112(r) of the CAA for accidental release or under Title VI of the CAA for stratospheric ozone protection shall not be included. [Reference: 40 CFR Part 70.2 Regulated Pollutant (for Presumptive Fee Calculation)]
  3. "(CPI adjusted)" means adjusted by the percentage, if any, by which the Consumer Price Index of the year exceeds the Consumer Price Index for calendar year 1989. The value for (CPI adjusted) shall be obtained from the U.S. EPA. [Reference: 40 CFR Part 70.9(b)(2)(iv)]

b. No Supplemental Fee [Reference: 40 CFR Part 70.9(b)(1)]

There shall not be a supplemental annual fee if the total annual fees paid by the source under Regulation IV, including Rule 4.5 (Annual Permit to Operate Renewal Fees) and Rule 4.10 (Air Toxics Program Fees), equals or exceeds $25 per ton of fee-based emissions (CPI adjusted). Only those AB 2588 Toxic Hot Spots fees that fund direct and indirect costs associated with activities related to the operating permits program as specified in section 502(b)(3)(A) of the CAA are to be used to meet the overall fee rate of $25 per ton of fee-based emissions (CPI adjusted).

c. Determination of Supplemental Fee

  1. The supplemental annual fee shall be determined by completing the following steps:

    Step 1: Calculation of Supplemental Annual Fee

      s = [ $25 per ton (CPI adjusted) x e ] - f

      where:

      s = supplemental annual fee in dollars

      e = fee-based emissions in tons per year

      f = sum (in dollars) of annual fee under Rule 4.5 (Annual Permit to Operate Renewal Fees) and that portion of AB 2588 Toxic Hot Spots fees that funds direct and indirect costs associated with activities related to the operating permits program as specified in section 502(b)(3)(A) of the CAA

    Step 2: When the Supplemental Annual Fee is Zero

      If "f" is equal to or greater than "[ $25 per ton (CPI adjusted) x e ]," then "s" shall be zero and subsection b., above, applies. If "f" is less than "[ $25 per ton (CPI adjusted) x e ]," then "s" shall be as calculated in Step 1.

  2. The supplemental fee for the 1994 fiscal year shall be $29.26 as of January 11, 1994.

d. Submittal of Information [Reference: 40 CFR Part 70.6(a)(7)]

The owner or operator, or his or her delegee, shall provide the APCO sufficient information to determine the supplemental fee.