MBUAPCD RULE 302 SOURCE TESTING & ANALYSES-REQ.FOR,& FEES                                    
LAST REVISED 06/09/93
                                    
                                    REGULATION III
                                         FEES

          _________________________________________________________________
          RULE 302.           SOURCE TESTING AND ANALYSES
                              -REQUIREMENTS FOR, AND FEES
          (Adopted 8-24-83; Revised 12-13-84, 12-19-90, 6-26-91, and 6-9-
          93)




                                     CONTENTS



          PART 1.0.APPLICABILITY AND AUTHORITY TO REQUIRE

               1.1.Applicability
               1.2.Authority to Require Information
               1.3.Authority to Require Determination of Emissions
               1.4.Effective Date


          PART 2.0.  SCHEDULE OF ANALYSES AND TESTING FEES

               2.1.  Fee Schedule
               2.2.  Complying Sources
               2.3.  Multiple Testing
               2.4.  Sources of Questionable Compliance


          PART 3.0.  FEE EXEMPTION

               3.1.  Right to Petition
               3.2.  Financial Hardship Defined
               3.3.  APCO Exemption of Fees


          PART 4.0.  CREDIT FOR OTHER FEES PAID AND APPEAL RIGHTS

               4.1.  Emission Sources
               4.2.  Appeal Rights



          060993                                               Rule 302:
                                    REGULATION III
                                         FEES

          PART 1.0.  APPLICABILITY AND AUTHORITY TO REQUIRE


          1.1. Applicability.


          The provisions of this rule shall apply, notwithstanding the
          provisions of Rule 201 (Sources Not Requiring Permits), to the
          owner or operator of any article, machine, equipment or other
          contrivance which may cause the issuance of any air contaminant
          or the use of which may cause injury, detriment, nuisance or
          annoyance to any considerable number of persons or to the public,
          or which may endanger the comfort, repose, health or safety of
          any such persons or the public, or which may cause or have a
          natural tendency to cause injury or damage to business or
          property.


          1.2.  Authority to Require Information.

          1.2.1. When the Air Pollution Control Officer finds that any
          inspection, test, or analysis, including any source testing of
          emissions (as determined by Part 1.0. of this rule) is necessary
          to determine the nature, extent, or amount of pollutants being
          discharged into the atmosphere, or to determine compliance with
          permit conditions or with any Federal, State, or local law,
          order, rule or regulation relating to air pollution, including
          potential emissions which may endanger the health, comfort or
          repose of the public, or which may have a tendency to cause
          injury or damage to business or property, the Air Pollution
          Control Officer may order the inspection of a source or its
          records, collection of emission samples, or the analysis or
          evaluation of such samples by qualified personnel of the
          District, or by an independent contractor selected by the Air
          Pollution Control Officer if qualified District personnel are not
          available.

          1.2.2. Whenever the Air Pollution Control Officer orders any
          collection, test, or analysis of emissions pursuant to this rule,
          which are undertaken to determine compliance with permit
          conditions or any Federal, State, or local law, order, rule or
          regulation relating to air pollution, the owner or operator of
          the subject premises shall pay the full costs of such activities
          for which the said sum is not to exceed the actual estimated cost
          of the sample collection, analysis or testing thereof.

          1.2.3. Such payment shall be made in full by the owner or
          operator of the premises within 30 days of notification thereof
          by either the District or the independent contractor conducting
          the activities.
          1.3.  Authority to Require Determination of Emissions.

          1.3.1. Whenever the Air Pollution Control Officer finds that
          certain information is necessary to determine the amount of
          emissions from any air pollution emission source, he/she may
          require the owner or operator of any such source to take any
          action which he determines is reasonable for the determination of
          the amount of such emissions from such source.

          1.3.2. No person shall fail or refuse to comply fully with the
          terms of any order issued by the Air Pollution Control Officer
          under authority of subsection 1.3.1. of this rule.

          1.3.3. Such payment shall be made in full by the owner or
          operator of the premises within 30 days of notification thereof
          by either the District or the independent contractor conducting
          the activities.


          1.4.  Effective Date

          This Rule has been in effect since August 24, 1983.  The Rule in
          its present form is effective on July 1, 1993.



          PART 2.0.  SCHEDULE OF ANALYSES AND TESTING FEES

          2.1.  Fee Schedule.

          For the purposes of this rule the following schedule of analyses
          and testing fees shall determine the fees charged by the District
          for the respective activities indicated:


          060993                                               Rule 302:
                                    REGULATION III
                                         FEES


                       Schedule of Analyses and Testing Fees
                    ____________________  _____________________
                        Type of Test               Fee

          2.1.1.  Continuous analyzer     $1,500 plus $80.00
                  for criteria gaseous    per hour for every
                  emission testing.       staff-hour in excess of
                                          24 staff-hours.

          2.1.2.  Non-continuous          $2,880 plus $80.00
                  particulate matter      per hour for every
                  emission testing        staff-hour in excess of
                  (EPA Method 5).         48 staff-hours.

          2.1.3.  Visible emission        $80,00 plus $80.00
                  evaluation test.          per hour for every
                                          staff-hour in excess ofone
                                          staff-hour.

          2.1.4.  Laboratory fuel         $50.00 per sample.
                  analysis, sulfur
                  content per Rule
                  412 compliance.

          2.1.5.  Optical Microscopy.     $25.00 per sample.

          2.1.6. If the Air Pollution Control Officer determines that no
                 schedules provided by this rule fairly represent the
                 District's costs incurred in conducting such analyses or
                 tests, the Air Pollution Control Officer may revise the
                 above fee schedules and assess a fee different from the
                 above schedule which fairly reflects the District's costs
                 incurred.

          2.1.7. Estimated fees for analyses or any tests not above shall
                 be determined by the Air Pollution Control Officer and
                 shall not exceed the actual estimated costs of such
                 analyses or test.


          2.2.   Complying Sources.

          Where test results indicate that a specific source is in
          complete and total compliance with all federal, State and local
          laws, rules and regulations, the owner or operator of the
          specific source shall be assessed the applicable fees herein only
          for three identical test periods per each 12-month period if
          tested by the District.  This limitation, however, shall in no
          way be construed as restricting the District from conducting
          additional testing.


          2.3.   Multiple Testing.

          Nothing in this rule shall be construed to prevent the Air
          Pollution Control Officer from assessing fees for multiple
          testing, or for multiple samples and analyses, where the same is
          necessary to determine compliance with any federal, State or
          local law, order, rule or regulation relating to air pollution
          including potential emissions which may endanger the health,
          comfort or repose of the public.


          2.4.   Sources of Questionable Compliance.

          If any of the analyses or tests conducted pursuant herewith
          indicate that the subject source is not in compliance or raise
          reasonable doubt of the source complying with all federal, State
          and local regulations, the Air Pollution Control Officer may
          require additional analyses and/or testing as he determines
          necessary and may also include use of an independent tester for
          such additional tests.  In such event, the owner or operator
          shall pay for each additional test in accordance with the
          schedule of fees set forth in this rule.



          PART 3.0. FEE EXEMPTION.


          3.1.   Right to Petition.

          The owner or operator of a source may petition the Air Pollution
          Control Officer, no later than 30 days after receipt of the
          subject analyses and testing fee statement, to be excused from
          payment of such fees, or a portion of such fees, on the grounds
          that payment of such fees would cause a demonstrable financial
          hardship.


          3.2.  Financial Hardship Defined.

          For the purposes of this rule, a demonstrable financial hardship
          shall consist of adequate evidence as is capable of demonstrating
          that full payment will prevent the respective owner or operator
          from meeting other financial obligations as they come due, or
          will cause the taking of property or the practical closing and
          eliminating of a lawful business without a corresponding benefit
          in air pollution reduction.

          3.3.  APCO Exemption of Fees.

          Based on evidence provided, the Air Pollution Control Officer may
          exempt the owner or operator of the subject source from payment
          of all or a portion of the fees otherwise required by this rule.


          PART 4.0. CREDIT FOR OTHER FEES PAID AND APPEAL RIGHTS


          4.1.   Emission Sources.

          Where the owner or operator of a source has paid initial permit
          fees pursuant to Rule 301, (Permit Fee Schedules) analyses and
          testing fees authorized by this rule shall only be due and
          payable to the extent of the actual cost to the District for such
          activity, as determined by the Air Pollution Control Officer,
          which exceeds the difference between the estimated cost of all
          permit services performed by the District and the sum total of
          those initial permit fees paid by the owner or operator pursuant
          to Rule 301 for the subject source.


          4.2.   Appeal Rights.

          Any owner or operator of a source subject to the provisions of
          this rule, and who is dissatisfied with any requirements of, or
          determination or finding made by the Air Pollution Control
          Officer concerning the implementation of any part of this rule,
          may within 30 days of notification of the respective requirement,
          determination or finding thereof, petition the District Hearing
          Board to review the issue at question seeking relief from or
          modification of the subject requirement, determination or finding
          made by the Air Pollution Control Officer.  In such event the
          provisions of Regulation VI - Procedure Before the Hearing Board
          shall apply.


                                    * * * * *


          060993                                               Rule 302: