SAN LUIS OBISPO COUNTY AIR POLLUTION CONTROL DISTRICT
RULE 308 - FEES FOR AIR TOXICS "HOT SPOTS" PROGRAM
(Adopted 2/9/93; Revised 1/22/97)
This Rule shall apply to any stationary source which is subject to the requirements of the Air Toxics "Hot Spots" Information and Assessment Act, and:
a. The operator of each stationary source which meets the criteria of Section A and with a facility cancer or non-cancer prioritization score of greater than ten (10) shall pay a State-mandated fee proportionate to the extent of the releases identified in the toxics emissions inventory and the level of priority assigned pursuant to Section 44360 of the Health and Safety Code, as specified in Title 17, California Code of Regulations, Sections 90700 to 90705.
b. The requirement to pay State fees shall be based on the most recent District-approved toxic emissions inventory report. A prioritization score determined after a health risk assessment has been approved may supersede the results of the health risk assessment, if the prioritization score is based on a more recent toxic emissions inventory, updated release characteristics, or a re-determined distance to the nearest receptor, following the receipt of the health risk assessment by the District.
c. A facility that is subject to this Rule for any part of the fiscal year shall be subject to State fees for the entire fiscal year. State fees shall not be apportioned for any part of a fiscal year.
d. A facility shall be assessed State fees based on the highest priority score assigned to the facility for the fiscal year. The fiscal year shall be that year stated in the invoice from the Air Resources Board.
e. The magnitude of the State fee shall be based solely on the adjusted value of the annual invoice from the Air Resources Board for the Air Toxics Hot Spots (ATHS) Program. The adjusted annual invoice shall equal the sum of the amount invoiced by the Air Resources Board for that fiscal year plus any balance remaining from previous years minus any over payment from previous years.
f. State fees shall be apportioned to the facility according to the category to which the facility is assigned by the District. The category assignment shall be based on the degree of complexity for that facility and the facility prioritization score or the results of the health risk assessment.
g. Unprioritized and industry-wide sources subject to this Rule shall pay State fees in the amount specified by the Air Resources Board, as defined by the applicable version of the Air Toxics "Hot Spots" Fee Regulation.
a. Each permitted facility shall be assessed a portion of the initial Permit to Operate Fee and the renewal fee, as described in District Rule 302. The amount shall be determined by the APCO and shall be based on District costs for implementing toxics-related programs including the ATHS program.
b. The operator of each stationary source which meets the criteria of Subsection A and is not under District permit shall pay a fee of up to one hundred dollars ($100.00) to cover District costs for implementing toxics related programs including the ATHS program. The amount of this fee shall be determined by the APCO and be based on the number of District hours required to implement the non-permitted subgroup's portion of the program.
E. COMPLIANCE SCHEDULE