BUTAPCD RULE 514 AIR TOXICS "HOT SPOTS" FEES (AB 2588)
LAST REVISED 02/23/93


A.    Applicability

This  rule shall apply to any stationary source facility which commenced
operation  prior to January 1 of the year in which the fees are assessed
pursuant to this rule, and which:

1.    manufactures,  formulates,  uses,  or  releases  any  of the
      substances  listed  pursuant to Health & Safety Code Section
      44321,  or  any  other substance  which  reacts  to  form  a
      substance so listed,  and which releases 10 tons per year or
      greater of total organic  gases,  particulate matter, sulfur
      oxides or nitrogen oxides from the  most  recent  base  year
      inventory selected by the District, or

2.    manufactures,  formulates,  uses,  or  releases  any  of the
      substances  listed  pursuant to Health & Safety Code Section
      44321,  or  any  other substance  which  reacts  to  form  a
      substance so listed,  and  which  releases less than 10 tons
      per year of total organic gases, particulate  matter, sulfur
      oxides  or  nitrogen oxides from the most recent  base  year
      inventory selected  by  the District, and is included in any
      class listed in Appendix  E  to Sections 93300 through 93354
      of Title 17 of the California  Code of Regulations (Criteria
      and Guidelines Regulation).



B.    Assessment of Fees

      1.    The operator of each stationary  source facility which meets
            the  criteria of Subsection A(1) shall  pay  an  annual  air
            toxic assessment fee calculated according to the formula:

            Air Toxic Assessment = (A)(m)

            where  A  = Dollar per Ton value of pollutant based on State
            and local agency  costs  as  adopted  by  the California Air
            Resources  Board  and  District Board.  The dollar  per  ton
            value  equals  the total state  costs  plus  the  District's
            costs, divided by  the  total  yearly emissions (in tons) of
            total organic gases, particulate  matter, sulfur oxides, and
            nitrogen oxides.

            where  m  = Mass of total air emissions  of  each  pollutant
            equal to or  greater than 10 tons per calendar base year, of
            total organic  gases, particulate matter, sulfur oxides, and
            nitrogen oxides,  as calculated by the Air Pollution Control
            Officer from source tests or estimated emissions data.

      2.    The operator of a stationary source facility which meets the
            criteria of Subsection  A(1)  solely  on  the  basis  of the
            release  of  non-combustion related particulate matter shall
            be assessed a  flat  fee of $100.00 per year if the facility
            operator  demonstrates   to  the  satisfaction  of  the  Air
            Pollution Control Officer  that  the  non-combustion related
            air release does not contain a substance  listed pursuant to
            Health  &  Safety  Code  Section 44321 or a precursor  to  a
            listed substance.

      3.    The operator of each stationary  source facility which meets
            the criteria of Subsection A(2) shall  pay  a  flat  fee  of
            $100.00 per year.

C.    Billing

      The  District  shall  notify  and  assess  the  operator  of  each
      stationary  source  facility  subject  to the requirements of this
      rule in writing of the fee due.  The operator  shall remit the fee
      to  the  District within 60 days after the receipt  of  the  toxic
      assessment fee notice.
                  
D.    Penalties

      Air toxic assessment fees not paid by the due date as specified in
      Subsection  C shall be assessed a 25% late charge.  If an operator
      fails to pay  the fee within 120 days after receipt of the initial
      fee assessment notice, the District may initiate permit revocation
      proceedings.  If  any  permit  is  revoked, it shall be reinstated
      only upon full payment of the overdue  fee  plus any late penalty,
      and a reinstatement fee of $50.00 to cover administrative costs of
      reinstating the permit.

E.    Exemptions

      Any  stationary  source  meeting the criteria of  Subsection  A(2)
      which was required only to  complete  a  use and production survey
      (facilities listed in Appendix E-II of the Criteria and Guidelines
      Regulation), and which previously paid fees pursuant to this rule,
      is not subject to the air toxic fee assessment.

F.    Annual Adoption of Fees

      Unless  it  amends  this  rule,  the District Board  automatically
      readopts this fee rule annually by operation of law, in compliance
      with Title 17, California Code of Regulations, Section 90703.