NORTHERN SONOMA COUNTY AIR POLLUTION CONTROL DISTRICT

RULE 370 FEES: TOXICS REVIEW FEES

370.1 Purpose
The purpose of this rule is to establish fees for stationary sources subject to District Rule 225, Toxic Source Review. These fees are assessed in addition to any other fees described under Rule 300, to which the source is also subject.

370.2 Applicability
The fees established by this rule apply only to sources required to hold a valid construction or operating permit under District Regulation 1, and which are subject to the review procedures of Rule 225, Toxic Source Review.

370.3 Exemptions

370.3.1 Low Priority Facilities: Any facility, as defined by Rule 225, with a facility prioritization score less than 1 shall be exempt from the fees prescribed under 370.5.2.

370.3.2 Major Sources of Hazardous Air Pollutants: Notwithstanding the exemptions above, no source required to undergo review under Rule 225.5.3, New or Reconstructed Major Sources of Hazardous Air Pollutants, may be exempted from fees under this rule.


370.4 Definitions
All terms used in establishing fees pursuant to this rule shall have the definitions provided in District Rule 225, or if not defined therein, as defined in District Rule 130.

370.5 Fees

370.5.1 Review of Risks from New, Reconstructed, or Modified Sources: The owner or operator of any source subject to the requirements of Rule 225.5.1 shall pay a review fee in the amount of $50. In the event that the actual cost of reviewing the application for the permit exceeds $50, the District may add an additional fee, not to exceed such actual costs.

370.5.2 Review of Risks from Existing Sources: The owner or operator of a source subject to the requirements of Rule 225.5.2 shall pay all applicable fees as defined below. These fees include District costs for implementing the routine requirements of the California Health and Safety Code, Sections 39600, and 44340 through 44394, and the requirements of the Federal Clean Air Act Section 112, as well as responding to local concerns about air toxics.

  1. Basic Toxic Fee: The owner or operator shall pay an annual basic toxic fee as follows:
    1. Group 1-Industrywide Category: For any facility listed by the District in an Industrywide Category the annual basic toxic fee shall be $50.00.
    2. Group 2-Non-major Facility: For any facility that is not subject to District Regulation 5, the annual basic toxic fee shall be $250.00.
    3. Group 3-Major Facility: For any facility subject to the requirements of District Regulation 5, the annual basic toxic fee shall be $750.00.
  2. State Costs: The District shall recover all costs assigned by the California Air Resources Board (CARB) pursuant to the California Health and Safety Code Sections 44340 through 44394, including any fee-for-service costs for review done by the Office of Environmental Health Hazard Assessment (OEHHA). Costs recovered shall not exceed the total amount assigned, or specifically invoiced. Costs shall be apportioned among facilities subject to review under Rule 225.5.2 in accordance with the procedures specified under Section 370.6.1.C. The owner or operator of the facility shall pay the costs as apportioned by the District.
  3. Additional Review Costs: The District shall recover costs incurred in carrying out additional review as required under Rule 225.5.2, including the costs of reviewing health risk assessments, conducting public notification, reviewing risk reduction plans, and other activities associated with these review requirements. These costs shall be billed to the facility for which the additional review was performed, and shall not exceed the actual costs of carrying out the review. The owner or operator of a facility shall pay such additional costs as apportioned by the District.
  4. Petitions to Reduce Fees: The owner or operator of any facility subject to fees established under 370.5.2.C, may petition the District to reduce this fee, if the facility qualifies as a small business as defined under Rule 130. In reviewing such a petition, the Air Pollution Control Officer shall consider the actual District costs of conducting the review, and the hardship to the owner or operator of paying the fees.

370.5.3 Review or New or Reconstructed Major Sources of Hazardous Air Pollutants: The owner or operator of any new or reconstructed major source of hazardous air pollutants shall pay a fee of $100.00. In the event that costs for review of MACT proposals conducted by the District for a subject facility exceed $100.00, the District may establish additional fees not to exceed the actual costs of conducting the review.


370.6 Procedures

370.6.1 Assessment of Fees: All fees assessed pursuant to this rule are in addition to any other fees prescribed by District Rule 300 to which the source is also subject.

  1. Fees for Specified Activities: Fees established under Sections 370.5.1, 370.5.2 C, and 370.5.3 shall be assessed upon determination of applicability; the fee may be incorporated into an invoice for other fees due under Rule 300, or may be invoiced independently. Additional costs of conducting the review and/or issuing the permit shall be calculated upon completion of such activities, and an invoice provided within 45 days.
  2. Basic Toxic Fees and State Costs: Fees established under Section 370.5.2 A and B shall be assessed concurrent with Annual Operating Fees as set forth under Rule 300.6. In the event that the State Costs as provided under Section 370.5.2 B.2 have not been invoiced to the District in final form, the District may invoice fees for apportioned State Costs separate from the Annual Operating Fees.
  3. Approved Emissions Inventory for Calculating Fees: Fees established pursuant to Section 370.5.2 A shall be based on the most recent District approved emissions inventory for the subject source or facility. Fees shall be calculated for apportionment of State cost's based on one of the following procedures:
    1. Air Toxics assessment = A x m, where A = Dollar per ton or pound value of pollutant emitted based on State cost's as adopted by the State Air Resources Board, and where m = mass of Total air emissions of pollutants emitted in a designated calendar year as calculated by the District from source tests or estimated emissions data.
    2. Air Toxics assessment for industrywide sources such as gasoline dispensing facilities, dry cleaning operations or any other type of operation designated by the State Air Resources Board as being part of a listed class of industrywide sources shall be assessed a fee as prescribed by the State Air Resources Board.
  4. Requests to Revise Inventories: The owner or operator of any source subject to fees under Section 370.5.2 A, which undertakes emissions reduction or risk mitigation activities, may petition to have its emissions inventory reviewed by the district, and revised as appropriate. Such revision may be used in establishing in establishing future fees as long as the inventory remains accurate. Requests for review of inventories must be received at least 45 days prior to the issuance of an invoice if the invoice is to reflect the revised inventory.
  5. Petitions to Reduce Fees: The owner or operator of a facility or source subject to Section 370.5.2.D may petition the District for a reduction of fees assessed to their operation pursuant to Section 370.5.2.D. Such Petitions shall be submitted no later than 45 days prior to the issuance of an invoice for such fees. Petitions submitted to the District shall contain the following information:
    1. The name, address and telephone number of the petitioner.
    2. Whether the petitioner is an individual, co-partnership, corporation or other entity.
    3. The name of the facility or source involved in the petition and the street address at which the entity is located.
    4. A brief description of the equipment, process, source or facility subject to the additional review process and associated costs specified in Section 370.5.2.C.
    5. Documentation that the imposition of fees associated with the implementation of Section 370.5.2.C would cause substantial economic harm to the business and/or documentation of clear inability to pay such fees.


370.6.2 Payment of Fees: The owner or opera