GLEAPCD RULE 157 AB 2588 "HOT SPOT" FEES          
LAST REVISED 11/11/11
          
          
       Sec 157.  AB 2588 "HOT SPOT" FEES

                 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, as per 
                         Sections 93300 through 93354 of Title 17 of the 
                         California Code of Regulations (Criteria and 
                         Guidelines Regulation).

                 B.  AB 2588 AIR TOXICS PROGRAM FEES.

                     The Air Pollution Control District shall charge and
                     collect the following fees for performing the state 
                     mandated Air Toxics "Hot Spots" Information and 
                     Assessment Act of 1987.  The costs shall include but 
                     not be limited to development and review of inventory 
                     plans and reports, review of risk assessments, review 
                     of source test data, review of biennial updates, and
                     associated costs with collecting the state's portion 
                     of the mandated fees.

                     1.  Facilities subject to this rule as outlined in
                         A(1) above shall pay an annual base fee of $250.00 
                         plus a proportional share of the district's direct 
                         cost dedicated to each facility at the rate of 
                         $40.00 per hour.

                     2.  As used in 1. above "proportional share" shall be
                         defined as the amount of district's time dedicated 
                         to that single facility or a group of similar 
                         facilities related to this program.

                     3.  All facilities shall pay a prorated share of the
                         state's cost as specified in the state fee 
                         regulation which will be determined and collected 
                         by the district, based on the facility's pollutant 
                         emission level.

                     4.  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 day 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.