MBUAPCD RULE 307 FOR THE IMPLMTATN OF THE CCAA BY THE CARB
LAST REVISED 06/19/96



RULE 307. FEES FOR THE IMPLEMENTATION OF THE CALIFORNIA CLEAN AIR
          ACT BY THE CALIFORNIA AIR RESOURCES BOARD


(Adopted March 28, 1990; Revised June 26, 1991 and June 19, 1996.)


                            CONTENTS



PART 1  GENERAL. . . . . . . . . . . . . . . . . . . . . . . .  1
  1.1   Purpose. . . . . . . . . . . . . . . . . . . . . . . .  1
  1.2   Applicability. . . . . . . . . . . . . . . . . . . . .  2
  1.3   Exemptions . . . . . . . . . . . . . . . . . . . . . .  2
  1.4   Effective Dates. . . . . . . . . . . . . . . . . . . .  2
  1.5   References . . . . . . . . . . . . . . . . . . . . . .  2

PART 2  DEFINITIONS. . . . . . . . . . . . . . . . . . . . . .  2
  2.1   Base Year Emissions (BYE). . . . . . . . . . . . . . .  2
  2.2   CARB Assessment. . . . . . . . . . . . . . . . . . . .  2
  2.3   Fee Rate . . . . . . . . . . . . . . . . . . . . . . .  3
  2.4   Major Non-vehicular Source . . . . . . . . . . . . . .  3
  2.5   Nonattainment Pollutants and Precursors. . . . . . . .  3

PART 3  FEE REQUIREMENTS FOR MAJOR NON-VEHICULAR SOURCES . . .  4
  3.1   1988 California Clean Air Act Fee. . . . . . . . . . .  4
  3.2   Applicable Emissions . . . . . . . . . . . . . . . . .  5
  3.3   Fee Penalty. . . . . . . . . . . . . . . . . . . . . .  5

PART 4  ADMINISTRATIVE REQUIREMENTS. . . . . . . . . . . . . .  5
  4.1   Transfer of Fees Collected . . . . . . . . . . . . . .  5
  4.2   Administrative Costs . . . . . . . . . . . . . . . . .  5




PART 1  GENERAL


1.1   Purpose

      The purpose of this Rule is to collect fees for the implementation 
      of the 1988 California Clean Air Act by the California Air Resources 
      Boards required in Title 17 California Code of Regulations 90800 
      et seq.  The fees required pursuant to this Rule shall be in addition 
      to permit and other fees currently required. 


1.2   Applicability

      The provisions of this Rule shall apply to all major non-vehicular 
      sources, as defined by this Rule.


1.3   Exemptions

      There are no exemptions from this Rule.


1.4   Effective Dates

      This Rule has been effect since March 28, 1990.  This Rule as most 
      recently revised is effective June 19, 1996.


1.5   References

      The requirements of this Rule arise from the provisions of California 
      Code of Regulations 90800 et seq. and the California Clean Air Act.



PART 2  DEFINITIONS

For the purposes of this Rule the following terms are defined:

2.1   Base Year Emissions (BYE)
      The calendar year accumulative emissions of pollutants, and precursors 
      to such pollutants, for which the North Central Coast Air Basin is 
      deemed not in attainment by the California Air Resources Board, two 
      years prior to that during which the fees are due.  For the purposes 
      of calculating the fee, the Air Pollution Control Officer will 
      consider all emissions data submitted no later than six months after 
      the end of the base year.

2.2   CARB Assessment

      The assessed value for the Monterey Bay Unified Air Pollution Control 
      District in Section 90800 of the California Code of Regulations.


2.3   Fee Rate

      The CARB Assessment with the administrative costs of collecting the 
      fees included.


2.4   Major Non-vehicular Source

      Any plant, building, structure, stationary facility or group of 
      facilities under the same ownership, leasehold, or operation which, 
      in the base calendar year, emitted to the atmosphere 500 tons or 
      greater of any nonattainment pollutant or of any nonattainment 
      pollutant precursor.


2.5   Nonattainment Pollutants and Precursors

      Those pollutants recognized as causing or contributing to violations 
      of a California Ambient Air Quality Standard such that the California 
      Air Resources Board determines that the North Central Coast Air Basin 
      is a nonattainment area for that standard.

      The following table summarizes the nonattainment/precursor 
      relationships.

                            Nonattainment
      Substance             Pollutant/Precursor

      Ozone                 reactive organic gases
                            oxides of nitrogen

      Sulfur Dioxide        oxides of sulfur

      Sulfates              oxides of sulfur

      Nitrogen Dioxide      oxides of nitrogen

      Carbon Monoxide       carbon monoxide

      Suspended             suspended particulate matter (PM10)
      Particulate           oxides of nitrogen
      Matter (PM10)         oxides of sulfur
                            reactive organic compounds

      Visibility            suspended particulate matter (PM10)
      Reducing              oxides of nitrogen
      Particles             oxides of sulfur
                            reactive organic compounds

      Hydrogen sulfide      hydrogen sulfide

      Lead                  lead



PART 3  FEE REQUIREMENTS FOR MAJOR NON-VEHICULAR SOURCES


3.1   1988 California Clean Air Act Fee

      The owner or operator of each major source is hereby assessed a 
      California Clean Air Act fee payable to the Monterey Bay Unified 
      Air Pollution Control District and due within 30 days of notice of 
      assessment by the Air Pollution Control Officer.  This fee shall be 
      calculated by the following formula.

      Major Source Fee =  (Fee Rate)  (BYE)


3.2   Applicable Emissions
      In determining the fee amount, actual emissions of nonattainment 
      pollutants and nonattainment pollutant precursors occurring during 
      the base year shall be counted and thereby included in the 
      calculations. 


3.3   Fee Penalty

      Notwithstanding other provisions of these District Rules and 
      Regulations pertaining to fee penalties, if payment of the 
      California Clean Air Act fee required by this Rule is not received 
      within 30 days of notice of assessment by the Air Pollution Control
      Officer as provided in Section 3.1 herein, the fee shall be increased 
      by one quarter of the amount thereof to no more than $2,500, and the 
      owner or operator shall thereupon be notified by mail of the increased 
      fee.  If the fee amount with penalty is not received within 15 days of 
      the notification of nonpayment, the penalty becomes one half of the 
      original amount due.  If the increased fee is not received within 60 
      days of the original due date, the Air Pollution Control Officer shall 
      immediately request the District Hearing Board to hold a hearing to 
      determine whether any or all of the owner's or operator's permits 
      should be revoked.  Permits to Operate so revoked shall be reinstated 
      only upon payment in full of all accrued fees, penalties, and a 
      $100.00 filing fee for each permit to be reinstated.



PART 4  ADMINISTRATIVE REQUIREMENTS


4.1   Transfer of Fees Collected

      The Air Pollution Control Officer shall transfer the fees required 
      by this Rule to the California Air Resources Board for deposit into 
      the Air Pollution Control Fund prior to May 4 of each fiscal year.


4.2   Administrative Costs

      The administrative costs of collecting the fees required by this 
      Rule shall be determined by the costs of the total number of 
      technical District staff staff-hours expended in collection of the 
      respective fees.
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