MENDOCINO COUNTY AIR QUALITY MANAGEMENT DISTRICT

RULE 370 - AIR TOXICS "HOT SPOTS" ASSESSMENT

(a) APPLICABILITY

The owner or operator of each facility subject to the Air Toxics "Hot Spots" Information and Assessment Act of 1987 ("the Act" -- Health and Safety Code Sections 44300-44394) shall pay this fee. The fee consists of two components: distributed costs and facility-specific costs. The fee for each subject facility shall be determined as set forth in subdivisions (d) and (e), below. Except as provided in Subdivisions (e) or (f), below, no facility in a category excluded by the Air Resources Board from the determination of state costs shall be required to pay a fee pursuant to this Rule. (Health and Safety Code Section 44380)

(b) DATE OF BILLING

The air toxics assessment shall be sent to the facility owner or operator after February 1 and prior to May 1 of each year, or not later than 60 days after the District's receipt of state costs from the Air Resources Board following the adoption of those costs and their approval by the state Office of Administrative Law, if the date of receipt is March 1 or later.

(c) LATE PAYMENT PENALTY

The air toxics assessment shall be past due sixty days after receipt of the notice of the assessment by the District. Each fee not paid by 60 days after receipt of the billing shall be subject to a penalty of one hundred percent (100%) as provided in Health and Safety Code Section 44380(c), and the District shall promptly notify the facility operator. If fees remain unpaid longer than 120 days after the date of this second notification, any permits to operate from the District shall be subject to the suspension and reinstatement procedures specified in Rule 300(f). (Health and Safety Code Section 44380(c))

(d) ASSESSMENT OF DISTRIBUTED COSTS

Distributed costs will be apportioned among the subject facilities in proportion to the scores used to determine the ranking of facilities for preparation of risk assessments. These scores are determined using the Emissions and Potency procedure set forth in the document Report of Hearing PRIORITAZATION OF FACILITIES FOR RISK ASSESSMENT UNDER THE AIR TOXICS "HOT SPOTS" ACT (Mendocino County Air Quality Management District, January 4, 1994). This part of the fees will be assessed in such amount as to recover the entire distributed costs of the Hot Spots program. Distributed costs are the following: state costs; cost of preparing the annual report; costs of establishing criteria for public notification and risk reduction; costs of other reporting to the state; staff training in hot spots matters; other costs of the program not attributable to a specific facility.

(e) ASSESSMENT OF FACILITY-SPECIFIC COSTS

Facility-specific costs will be billed in accordance with Regulation 1, Rule 330 -- TECHNICAL SERVICES, based upon the amount of staff time spent on Hot Spots activities for a specific facility. Facility-specific costs are the costs associated with the following activities: reviewing emission inventory plans; reviewing emission inventories and updates to them; reviewing stack sampling and analysis procedures; observation of stack sampling activities; reviewing health risk assessments; transmittal of documents to the state Air Resources Board or other state agencies; reviewing or preparing public notification materials; reviewing risk reduction plans; making Hot Spots documents available to the public; protection of trade secret information; preparation of risk assessments or screening risk assessments; other activities attributable to a specific facility as determined by the Air Pollution Control Officer.

(f) INDUSTRY-WIDE EMISSION INVENTORIES

Each facility in a category for which the District prepares an industry-wide emission inventory as provided in Health and Safety Code Section 44323 shall pay a fee of $100.00 for the year in which the District prepares the inventory.

(g) DISTRICT DOCUMENTATION

The Air Pollution Control Officer shall prepare a tabulation of the ranking scores to be used for apportionment of the Hot Spots costs as of August 1 of each year. This tabulation shall be based on information in the most recent submittals from subject facilities.

(h)

This Rule shall remain in effect without re-adoption until amended or repealed.

[adopted 12/05/95]