MBUAPCD RULE 305 FEE FOR ATE INVENTORIES/RISK ASSESSMENTS
LAST REVISED 06/19/96



RULE 305  FEES FOR AIR TOXIC EMISSIONS INVENTORIES AND RISK ASSESSMENTS


[Adopted November 9, 1988, and Revised 1/18/89, 5/16/90, 5/15/91, 6/26/91, 
4/15/92, 5/12/93, 5/25/94, 4/26/95, 12/20/95, and 6/19/96]


                             CONTENTS


PART 1    GENERAL. . . . . . . . . . . . . . . . . . . . . . . .2
     1.1  Purpose. . . . . . . . . . . . . . . . . . . . . . . .2
     1.2  Applicability. . . . . . . . . . . . . . . . . . . . .2
     1.3  Exemptions . . . . . . . . . . . . . . . . . . . . . .2
     1.4  Effective Date . . . . . . . . . . . . . . . . . . . .2

PART 2     . . . . . . . . . . . . . . . . . . . . . . . . . . .3
     2.1  Air Release or Release . . . . . . . . . . . . . . . .3
     2.2  Board Approved Revenue . . . . . . . . . . . . . . . .3
     2.3  District . . . . . . . . . . . . . . . . . . . . . . .3
     2.4  District Costs . . . . . . . . . . . . . . . . . . . .3
     2.5  Facility . . . . . . . . . . . . . . . . . . . . . . .3
     2.6  Facility State Costs . . . . . . . . . . . . . . . . .3
     2.7  Operator . . . . . . . . . . . . . . . . . . . . . . .3
     2.8  State Cost . . . . . . . . . . . . . . . . . . . . . .4
     2.9  Public Notification Process. . . . . . . . . . . . . .4
     2.10 Risk Audits. . . . . . . . . . . . . . . . . . . . . .4
     2.11 Risk Reduction Plans . . . . . . . . . . . . . . . . .4
     2.12 Supplemental Risk Assessment . . . . . . . . . . . . .4

PART 3    FEES . . . . . . . . . . . . . . . . . . . . . . . . .5
     3.1  Fee Determination. . . . . . . . . . . . . . . . . . .5
     3.2  Fee Payment and Collection . . . . . . . . . . . . . .7
     3.3  Fee Penalty. . . . . . . . . . . . . . . . . . . . . .7
     3.4  Transfer of Fees Collected . . . . . . . . . . . . . .8

PART 1    GENERAL

1.1  Purpose

     The purpose of this Rule is to provide revenue for determining 
     toxic air emissions and health risks pursuant to the Air Toxics 
     "Hot Spots" Information and Assessment Act of 1987 as provided 
     in Health and Safety Code Section 44300 through 44394, and 
     District Rule 1003.  The fees required pursuant to this Rule 
     shall be in addition to permit and other fees currently required.



1.2  Applicability

     This Rule applies to any facility which manufactures, formulates, 
     uses, or releases any of the substances listed by the California 
     Air Resources Board, pursuant to the California Health and Safety 
     Code Section 44320, or any other substance that reacts to form a
     substance so listed, unless the facility is determined to be 
     exempt as defined in Rule 1003, Section 1.3.



1.3  Exemptions

     Facilities that do not meet the applicability definition are 
     exempt from fees.

     Facilities which are identified as categories listed in Appendix 
     E-II of the State's Emissions Inventory Criteria and Guidelines 
     Regulation shall be exempt from fees if they have submitted a 
     complete Supplemental Process Parameter Form and paid an inventory  
     and risk assessment fee.                  


1.4  Effective Date

     This Rule applies at the time of Board adoption.
     
PART 2    DEFINITIONS

2.1  Air Release or Release

     Any activity that may cause the issuance of air contaminants, 
     including the actual or potential spilling, leaking, pumping, 
     pouring, emitting, emptying, discharging, injecting, escaping, 
     leaching, dumping, or disposing of a substance into the ambient 
     air and that results from the routine operation of a facility or 
     that is predictable, including, but not limited to, continuous 
     and intermittent releases and predictable process upsets or leaks.


2.2  Board Approved Revenue

     District costs plus State costs minus any Board approved general 
     revenue subsidy.


2.3  District  

     The Monterey Bay Unified Air Pollution Control District unless 
     otherwise specified herein.


2.4  District Costs

     The labor and program related costs minus any Board approved 
     general revenue subsidy.


2.5  Facility  

     Every structure, appurtenance, installation, and improvement on 
     land which is associated with a source of air releases or 
     potential air releases of a hazardous material, as identified
     by the District.


2.6  Facility State Costs

     The individual facility costs determined by the State Air 
     Resources Board and the California Office of Environmental 
     Health Hazard Assessment methodology.


2.7  Operator

     The person who owns or operates a facility or part of a facility.
     

2.8  State Cost

     The amount approved annually by the California Air Resources 
     Board and the California Office of Environmental Health Hazard 
     Assessment to implement and administer the Air Toxics "Hot Spots" 
     Information and Assessment Act, Subchapter 3.6, Air Toxics "Hot
     Spots" Fee Regulation, Section 90700-90705.


2.9  Public Notification Process

     The process of public notifying all property addresses within 
     the risk area set by the Board requiring public notification.


2.10 Risk Audits

     Reports sent to the District which describe the significant 
     contributors to the total air risk from a facility.


2.11 Risk Reduction Plans

     Reports sent to the District describing how emissions can be 
     reduced to most effectively reduce the total air risk from a 
     facility.


2.12 Supplemental Risk Assessment

     A risk assessment that does not follow the methodology of the 
     District.



PART 3    FEES

3.1  Fee Determination

     3.1.1     Inventory and Risk Assessment Fees

               Sources emitting emissions of toxic substances are 
               required to pay fees in accordance to the following 
               emissions and toxicity based fee formulas:


               Facility Fee:                 Fee = (Sf * M) + B + F


               Total Facility Score:         Sf = Sc + Sch + Sa


               Score Multiplier:             M = D - (N * B) - F
                                                          Sf

               Carcinogenic Score:

                    

               Chronic Score:

                    


          

               Acute Score:

                    





   
                                    NOTATIONS

          AFc       =    Adjustment factor for carcinogenic score, 2
          AFch      =    Adjustment factor for chronic score, 1
          AFa       =    Adjustment factor for acute score, 1

          Pc        =    Power used for the carcinogenic score, 0.4
          Pch       =    Power used for the chronic score, 0.4
          Pa        =    Power used for the acute score, 0.4

          Eyri      =    Emissions per year of the each substance (lbs/year)
          Ehri      =    Emissions per hour of the each substance (lbs/hour)

          Kc,ch,a   =    Constants to prevent division by zero, 0.0001

          RELchi    =    Reference Exposure Level for chronic substances 
                         (g/m3)
          RELai     =    Reference Exposure Level for acute substances  
                         (g/m3)

          URVi      =    Unit Risk Value of the each carcinogenic substance  
                         (g/m3)-1

          MINc      =    Minimum of the quantity [i (Eyri * URVi)] for all 
                         facilities
          MINch     =    Minimum of the quantity [i (Eyri / 8760 * RELchi)] 
                         for all facilities
          MINa      =    Minimum of the quantity [i (Ehri / RELai)] for all 
                         facilities

          M         =    Score multiplier
          N         =    Number of facilities
          B         =    Base fee rate:
                              $ 235 for <25 tons per year criteria pollutant 
                              emitters 
                              $ 1500 for >25 tons per year criteria pollutant 
                              emitters

                         For painting and coating facilities without an 
                         approved toxic emissions inventory the following 
                         fees apply:

                           Coating & Solvent Usage
                              (Gallons per Year)                  FEE 
                               less than 300                     $ 235
                               301 - 800                         $ 285
                               greater than 801                  $ 315

          D         =    Board Approved District Costs:          $ 172,069
          F         =    ARB Approved State Costs:               $  36,100
          _______

          Footnote:      Toxicity factors are determined by the California 
                         Office of Environmental Health Hazard Assessment

     3.1.2     Public Notification Fees

               Sources required to complete the Public Notification 
               Process are required to pay for the cost of District 
               time at $80 per hour, postage, and the cost of the 
               mailing service to provide the public notification 
               mailings.

     3.1.3     Audit & Plan Fees

               Sources required to prepare a Risk Audit and Risk 
               Reduction Plan are required to pay for the cost of 
               District time at $80 per hour for the review effort.

     3.1.4     Supplemental Risk Assessment Fee

               Sources electing to prepare a supplemental risk assessment 
               report are required by the State Air Resources Board to 
               pay a fee of $2000 for the District risk assessment review.

3.2  Fee Payment and Collection

     A statement will be sent to each affected source stating the amount 
     required.  Payment is required within 30 days or the fee will be 
     considered past due.

3.3  Fee Penalty

     If any fee payment required pursuant to this Rule is not submitted 
     within 30 days of the issuance date of the District's billing 
     statement, it shall be considered delinquent, and penalties for the 
     delinquency shall be imposed as set forth below.

     3.3.1     For purposes of this Part any fee payment shall be considered 
               to be timely if it is postmarked on or before the 30th day 
               following the statement issuance date.  If the 30th day falls 
               on a Saturday, Sunday, or holiday, the fee payment may be 
               postmarked on the next business day with the same effect as 
               if it had been postmarked on the 30th day.

     3.3.2     If no fee payment is submitted within the time prescribed by 
               Section 3.3.1 above, a delinquency penalty of 50 percent of 
               the amount of the billed fee, to a maximum of $500.00, shall 
               be added to the amount of fee due, and the facility shall 
               thereupon be notified by mail of the increased fee.

     3.3.3     If a fee payment is timely paid, but the tendered amount is 
               less than the amount due, the payment shall not be accepted, 
               and the time for proper payment continues to run.

     3.3.4     If a fee payment is delinquent and the fee plus the delinquency 
               penalty is not received within 30 days of the District's 
               notification pursuant to Section 3.3.2 above, the delinquency 
               penalty shall be increased to 100 percent of the original 
               amount due, to a maximum of $1000.00, and the facility shall 
               thereupon be notified by mail of the increased fee.

     3.3.5     If, in the case of a failure to pay the fees required 
               pursuant to this part, the delinquent fee plus penalties 
               assessed pursuant to Section 3.3.2 and 3.3.4 above are not 
               submitted within 60 days of the date of the District's first 
               statement issuance pursuant to Section 3.3.1 of this Rule, 
               the facility shall be considered to be in default of its fee 
               obligation and in violation of this Rule.  In such case the 
               Air Pollution Control Officer shall immediately petition the 
               District Hearing  Board to hold a hearing to determine 
               whether any or all of the facility's permits should be 
               revoked pursuant to Health and Safety Code Section 42307.

          3.3.5.1   After the District has initiated a permit revocation 
                    action through the filing of an accusation but before 
                    the revocation of any permit pursuant to Health and 
                    Safety Code Section 42307, the facility may still cure 
                    its default by submitting all outstanding fees plus 
                    delinquency penalties and a $250 revocation initiation 
                    fee.

          3.3.5.2   If any Permit to Operate is revoked by the Hearing Board 
                    on account of such default, it may be reinstated upon 
                    written request of the facility and upon full payment of 
                    all fees, penalties, revocation initiation fee, and a 
                    reinstatement fee of $375.

          3.3.5.3   Should any individual, partnership, corporation or other 
                    entity, be in default of its responsibilities under 
                    Rule 305, it shall not be issued any permit or authority 
                    to construct under Rule 200 until such obligation is 
                    satisfied in full.  For the purposes of this Rule, 
                    "other entity" shall include any entity in which a 
                    principal or equity holder is in default of Rule 305.
     
          3.3.5.4   Any payment made to the District under this Section 
                    which  is made more than 60 days after the mailing of 
                    the original assessment shall be made by certified 
                    check.

          3.3.5.5   The District may also pursue any other remedy allowed 
                    by law.


3.4  Transfer of Fees Collected

     The Air Pollution Control Officer shall transfer the revenues 
     required by the State by this Rule, and subchapter 3.6, sections 
     90700-90705 of the State's Air Toxic "Hot Spots" Fee Regulation, 
     to the California Air Resources Board for deposit in the Air Toxics 
     Inventory and Assessment Account.

     Any fee revenues received by the District which exceed District and 
     State costs shall be carried over for expenditure in the subsequent 
     fiscal year.

                            * * * * *