MBUAPCD RULE 308 TITLE V:  FEDERAL OPERTING PERMIT FEES
 LAST REVISED 06/19/96

 
 컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴 
RULE 308.   TITLE V:  FEDERAL OPERATING PERMIT FEES 
 컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴 
(Adopted November 17, 1993; Revised June 21, 1995 and June 19, 1996.)



                            CONTENTS


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

PART 2  DEFINITIONS. . . . . . . . . . . . . . . . . . . . . .  2
  2.1   Air Pollution Control Officer (APCO) . . . . . . . . .  2
  2.2   Annual Federal Operating Permit Emissions. . . . . . .  3
  2.3   District . . . . . . . . . . . . . . . . . . . . . . .  3
  2.4   Federal Clean Air Act (the Act). . . . . . . . . . . .  3
  2.5   Federal Operating Permit (FOP) . . . . . . . . . . . .  3
  2.6   Federally Enforceable Conditions . . . . . . . . . . .  3
  2.7   Halogenated Hydrocarbons . . . . . . . . . . . . . . .  3
  2.8   National Ambient Air Quality Standards (NAAQS) . . . .  4
  2.9   Nitrogen Oxides (NOx). . . . . . . . . . . . . . . . .  4
  2.10    Permit . . . . . . . . . . . . . . . . . . . . . . .  4
  2.11    State Implementation Plan (SIP). . . . . . . . . . .  4
  2.12    Sulfur Oxides (SOx). . . . . . . . . . . . . . . . .  4
  2.13    Title V. . . . . . . . . . . . . . . . . . . . . . .  4
  2.14    Total Organic Gases (TOG). . . . . . . . . . . . . .  4
  2.15    Total Suspended Particulates (TSP) . . . . . . . . .  5
  2.16    United States Environmental Protection Agency (USEPA)  5

PART 3  REQUIREMENTS . . . . . . . . . . . . . . . . . . . . .  5
  3.1   Application Fees . . . . . . . . . . . . . . . . . . .  5
  3.2   Federal Operating Permit Fee . . . . . . . . . . . . .  5
  3.3   Evaluation Fees. . . . . . . . . . . . . . . . . . . .  5

PART 4  ADMINISTRATIVE REQUIREMENTS. . . . . . . . . . . . . .  6
  4.1   Annual Federal Operating Permit Fees (AFOPF) . . . . .  6
  4.2   Federal Operating Permit Fee Penalties . . . . . . . .  6
PART 1  GENERAL


1.1   Purpose

      The purpose of this Rule is to provide funding for the issuance and 
      enforcement of Federal Operating Permits (FOPs) which meet the 
      requirements of Title V of the Federal Clean Air Act and amendments 
      (the Act).  The fees required pursuant to this Rule shall be in 
      addition to fees for District permits to operate and other fees 
      required by other District rules.


1.2   Applicability

      The provisions of this Rule shall apply to any facility that is 
      required to apply for and maintain a Federal Operating Permit 
      pursuant to Rule 218.

 
1.3   Exemptions

      Reserved.


1.4   Effective Dates

      This Rule, as most recently revised, is effective on July 1, 1996.


1.5   References

      The requirements of this Rule arise from the provisions of the 
      Federal Clean Air Act and its amendments (42 U.S.C Section 7401 
      et seq.); and USEPA regulations setting forth the requirements for 
      an Operating Permit Program (Final Rule, 40 CFR Part 70).



PART 2  DEFINITIONS


2.1   Air Pollution Control Officer (APCO)

      The Air Pollution Control Officer for the Monterey Bay Unified Air 
      Pollution Control District.


2.2   Annual Federal Operating Permit Emissions

      The combined annual emissions, rounded to the nearest ton of 
      nitrogen oxides (expressed as nitrogen dioxide), sulfur oxides 
      (expressed as sulfur dioxide), total organic gases, and total 
      suspended particulates, plus 25 percent of the annual emissions
      of carbon monoxide, as determined from the facility's annual renewal 
      emission determination.


2.3   District

      The Monterey Bay Unified Air Pollution Control District (MBUAPCD).


2.4   Federal Clean Air Act (the Act)

      Federal Clean Air Act and its amendments (42 U.S.C Section 7401 
      et seq.)


2.5   Federal Operating Permit (FOP)

      A Federal Operating Permit issued under the provisions of Rule 218.


2.6   Federally Enforceable Conditions

      Those conditions on a permit which require compliance with a 
      federally enforceable requirement, as defined in District Rule 218.


2.7   Halogenated Hydrocarbons

      As defined in Part 2 of Rule 207, 1,1,1-trichloroethane, methylene 
      chloride, trichlorofluoromethane (CFC-11), dichlorodifluoromethane 
      (CFC-12), chlorodifluoromethane (HCFC-22), trifluoromethane (HFC-23), 
      1,1,1-trichloro-2,2,2-trifluoroethane (CFC-113), 1,2,2-trichloro- 
      1,1,2-trifluoroethane (CFC-114), and chloropentafluoroethane (CFC-115).


2.8   National Ambient Air Quality Standards (NAAQS)

      Air quality standards set by the Administrator of the United States 
      Environmental Protection Agency to protect public health and welfare 
      and, in general, consisting of primary and secondary standards.  
      Primary standards are to protect the public health, while secondary 
      standards are intended to protect the public welfare, e.g., plants, 
      crops, and materials.


2.9   Nitrogen Oxides (NOx)

      The sum of the molecular forms of nitrogen oxide and nitrogen dioxide.  When
      measured or calculated, the total of the two molecular forms is 
      collectively expressed as nitrogen dioxide.


2.10  Permit

      In this Rule, permit means a Federal Operating Permit unless 
      otherwise noted.


2.11  State Implementation Plan (SIP)

      The plan which is required by the Act to be submitted by each State, 
      and approved by the USEPA, to achieve and maintain federal ambient 
      air quality standards (NAAQS).


2.12  Sulfur Oxides (SOx)

      The sum of the molecular forms of sulfur oxide and sulfur dioxide.


2.13  Title V

      Title V (Federal Operating Permits Program) of the Clean Air Act.


2.14  Total Organic Gases (TOG)

      Any compound containing at least one atom of carbon, except: carbon 
      monoxide, carbon dioxide, carbonic acid, metallic carbides or 
      carbonates, ammonium carbonates, and halogenated hydrocarbons 
      (defined term).


2.15  Total Suspended Particulates (TSP)

      Any airborne finely divided solid or liquid material with an 
      aerodynamic diameter less than 100 micrometers (um).


2.16  United States Environmental Protection Agency (USEPA)

      The Administrator or appropriate delegate of the United States 
      Environmental Protection Agency.



PART 3  REQUIREMENTS


3.1   Application Fees

  3.1.1   Every applicant for an initial FOP or the renewal of an existing 
          FOP shall pay a filing fee of $200.00.

  3.1.2   Every applicant for a change of ownership where a FOP has been 
          issued under Rule 218 shall pay a filing fee of $80.00.


3.2   Federal Operating Permit Fee 

    Initially, the FOP Fee is due on an annual basis commencing upon the 
    first annual renewal date of the facility's District Permit(s) to 
    Operate.  Upon issuance of the FOP, the annual renewal date will 
    become the date of issuance of the FOP and the Annual Federal Operating 
    Permit Fee (AFOPF) will be due one year after the date of permit 
    issuance and annually thereafter.  The AFOPF shall be calculated as 
    set forth in Section 4.1 of this Rule.  This AFOPF shall be due and 
    payable 30 days after a statement is issued by the District.  In the 
    event all or part of the fee prescribed in the statement is not paid 
    in accordance with these provisions within this 30-day period, the 
    penalties prescribed by Section 4.2 of this Rule shall apply.


3.3   Evaluation Fees

    Every applicant who files a FOP application with the APCO pursuant to 
    Section 3.1 of Rule 218 shall, in addition to the filing fee prescribed 
    herein, pay an evaluation fee of $80.00 per hour for every District 
    staff hour necessary to complete the FOP evaluation pursuant to 
    Rule 218.  This evaluation fee shall be due and payable 30 days after a
    statement is issued by the District.  The FOP shall be issued upon 
    receipt of the applicant's payment of this fee.  In the event all or 
    part of the fee prescribed in the statement is not paid in accordance 
    with these provisions within this 30-day period, the penalties 
    prescribed by Section 4.2 of this Rule shall apply.



PART 4  ADMINISTRATIVE REQUIREMENTS


4.1   Annual Federal Operating Permit Fees (AFOPF)

      All sources subject to this Rule shall complete the Annual Renewal 
      Information Request provided by the District within the time period 
      specified in the Request.  Failure to timely complete and submit 
      the Request may result in suspension of the FOP.

  4.1.1   The AFOPF shall be calculated based upon the District's 
          determination of the permittee's Annual Federal Operating 
          Permit Emissions multiplied by the dollar amount per ton shown 
          in Section 4.1.2.  The Annual Emissions used for this calculation 
          shall be those from the facility's operations two years prior to 
          the billing year for sources with greater than 300 tons per year 
          aggregated emissions, and from operations one year prior for 
          sources with less than 300 tons per year aggregated emissions.

  4.1.2   The AFOPF dollar amount per ton of emissions will be adjusted 
          annually, if necessary, during the District's budget process 
          based upon the CPI as required by the Act and upon the emissions 
          inventory for sources subject to Rule 218.  Presently, the fees 
          are:



    4.1.2.1   Effective July 1, 1996, $14.44 per ton of emissions.


4.2   Federal Operating Permit Fee Penalties

      If any fee payment required pursuant to Part 3 of 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.

  4.2.1   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.

  4.2.2   If no fee payment is submitted within the time prescribed by 
          Section 4.2.1, a delinquency penalty of 50 percent of the amount 
          of the billed fee, to a maximum of $5000.00, shall be added to 
          the amount of the fee due, and the permittee shall thereupon be 
          notified by mail of the increased fee.

  4.2.3   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.

  4.2.4   If a fee payment is delinquent and the fee plus the delinquency 
          penalty is not received within 15 days of the District's 
          notification pursuant to Section 4.2.2, the delinquency penalty 
          shall be increased to 75 percent of the original amount due, to 
          a maximum of $7500.00, and the permittee shall thereupon be 
          notified by mail of the increased fee.

  4.2.5   If, in the case of a failure to pay evaluation fees required 
          pursuant to Part 3, the delinquent fee plus penalties assessed 
          pursuant to Section 4.2.4 are not submitted within 30 days of 
          the date of the District's notification, the permittee shall be
          considered to be in default of its evaluation fee obligation and 
          in violation of this Rule.  In such case the APCO shall 
          immediately notify the applicant that its FOP is denied and that 
          further operation of the subject equipment without a valid permit 
          is prohibited.  Such denial shall not preclude the applicant from 
          submitting another permit application and beginning the process 
          anew, although the delinquent fee and penalty shall become an 
          obligation owing to the District, which may be recovered along 
          with any permit fee from such new application.

  4.2.6   If, in the case of a failure to pay AFOPF required pursuant to 
          Part 3, the delinquent AFOPF plus penalties assessed pursuant to 
          Section 4.2.4 are not submitted within 30 days of the date of 
          the District's notification, the FOP shall automatically expire 
          for failure to renew.  In such case, the District shall 
          immediately notify the permittee that its FOP has expired and 
          that further operation of the subject equipment without a valid 
          permit is prohibited.  Such expiration shall not preclude the 
          permittee from submitting an application for a replacement 
          permit, although the delinquent fee and penalty shall become an 
          obligation owing to the District, which may be recovered along 
          with any permit fee from such new application.
                            * * * * *