SACAQMD 301 PERMIT FEES - STATIONARY SOURCE
LAST REVISED 12/05/96



RULE 301

PERMIT FEES - STATIONARY SOURCE

Adopted 11-29-71

(Amended 8-27-85, 10-14-86, 10-27-87, 7-1-88, 7-25-89,

7-24-90, 10-22-91, 6-7-94, 2-2-95,4-6-95, 12-5-96)


INDEX

100 GENERAL

200 DEFINITIONS

300 STANDARDS

400 ADMINISTRATIVE REQUIREMENTS

500 MONITORING AND RECORDS (NOT INCLUDED)


100 GENERAL

101 PURPOSE: To establish fees to be charged to (1) owners/operators of a stationary source required to obtain an Authority to Construct or a Permit to Operate by Rule 201, (2) owners/operators of a stationary source required to obtain a Title V operating permit by Rule 207, and (3) applicants requesting to deposit or withdraw emission reduction credits from the District credit bank.

102 PUBLIC AGENCIES NOT EXEMPT: Federal, state or local government agencies or public agencies shall pay fees to the extent allowed under Chapter 2, Division 7, Title 1 of the Government Code (commencing with Section 6100) and Section 42311 of Division 26 of the California Health and Safety Code.

200 DEFINITIONS

201 CANCELED APPLICATION: Any application which has been withdrawn by the applicant.

202 CHANGE OF LOCATION: Any transfer of an existing permitted source from one location to another not on the same property or facility.

203 AUTHORITY TO CONSTRUCT FEE: A fee for each authority to construct based on the type and size of the source.

204 INITIAL PERMIT FEE: A fee for each new or modified source based on the type and size of the source.

205 PERMIT RENEWAL FEE: A fee required for the annual renewal of a permit to operate.

206 MODIFICATION: Any physical change in an existing facility or change in the method of operation which results or may result in either an increase or decrease in emission of any air pollutant subject to district control, or the emission of any such air pollutant not previously emitted. The following shall not be regarded as physical changes or changes in the method of operation:

207 SOURCE: Any operation that produces and/or emits air pollutants.

300 STANDARDS

301 AUTHORITY TO CONSTRUCT FEE: Every applicant for an authority to construct shall pay one half of the estimated initial permit fee in Section 308 of this rule upon filing the application.

The applicant may request a conference with the Air Pollution Control Officer to review the cost estimate. The applicant may propose to provide additional information with the application that would reduce the time spent by the Air Pollution Control Officer in reviewing the application. The Air Pollution Control Officer's cost estimate shall be reduced accordingly.

302 INITIAL PERMIT FEE: Every applicant for a permit to operate shall pay the initial permit fee in Section 308 of this rule for the issuance of a permit to operate. An applicant for an authority to construct who has paid a portion of the initial permit fee shall be required to pay only the remaining portion for the issuance of a permit to operate.

303 PERMIT RENEWAL FEE: Every holder of a permit to operate shall pay a fee for the annual permit renewal. The permit renewal fee shall be the total of:

Table 303 - 1

Pollutant

Fee Per Ton of Pollutant Emitted During

12-Month Period

Carbon Monoxide (CO) $39 for Schedule 6, $41 for all other schedules
Nitrogen Oxides (NOx) $39 for Schedule 6, $41 for all other schedules
Reactive Organic Gas (ROG) $39 for Schedule 6, $41 for all other schedules
Sulfur Oxides (SOx) $39 for Schedule 6, $41 for all other schedules
Total Suspended Particulate (TSP) $39 for Schedule 6, $41 for all other schedules

304 CANCELLATION OR WITHDRAWAL: If the application for an authority to construct is canceled or denied, the fees paid shall not be refunded nor applied to any other application. Fees paid under Section 301.1 that are not used prior to an application being withdrawn by the applicant shall be refunded upon request.

305 REVOCATION: If a permit to operate is revoked, the permit renewal fee applicable to that portion of the year during which the permit is invalid shall not be refunded nor applied to any other application.

306 ALTERATIONS, ADDITIONS, REVISIONS OR CHANGE IN CONDITIONS:

307 CHANGE OF LOCATION OR OWNERSHIP: When an application is filed for a permit because the equipment has been moved to a new location, or ownership has been transferred from one person to another and a permit to operate granted for such equipment has not been canceled under Section 401 of this rule, the applicant shall pay a permit fee equivalent to the permit renewal fee in Section 303 of this rule.

308 SCHEDULES FOR INITIAL PERMIT FEE AND PERMIT RENEWAL FEE:

Horsepower

Initial Permit Fee

Permit Renewal Fee

Less than 5 $ 440 $ 220
5 to 50 $ 880 $ 440
50 to 200 $1760 $ 880
200 or greater $3520 $1760

Million BTU

Per Hour

Initial Permit Fee

Permit Renewal Fee

Less than 1 $ 220 $ 110
1 to 10 $ 440 $ 220
10 to 50 $ 880 $ 440
50 to 100 $1760 $ 880
100 or greater $3520 $1760

Kilovolt Ampere

Initial Permit Fee

Permit Renewal Fee

Less than 150 $ 880 $ 440
150 or greater $3520 $1760

Area, Square Feet

Initial Permit Fee

Permit Renewal Fee

Less than 10 $ 880 $ 440
10 to 39 $2640 $1320
40 to 99 $3520 $1760
100 or greater $4400 $2200

Gallons

Initial Permit Fee

Permit Renewal Fee

Less than 40,000 $ 880 $ 440
40,000 to 400,000 $3520 $1760
400,000 or greater $4400 $3520

Gasoline Nozzles

Initial Permit Fee

Permit Renewal Fee

Gasoline dispensing equipment with phase I or phase II vapor recovery system $824 minimum at $118 per gasoline nozzle $412 minimum at $59 per gasoline nozzle

The permit renewal fee for a gasoline dispensing facility granted an exemption for nozzle vapor recovery by Rule 449 shall be $206.

The initial permit fee for a gasoline dispensing facility shall be reduced by $32 if the underground inspection is performed by a fire department/district through the consolidated inspection program.

Horsepower

Initial Permit Fee

Permit Renewal Fee

Less than 50 $ 220 $ 110
50 to 249 $ 440 $ 220
250 to 499 $ 880 $ 440
499 to 999 $1760 $ 880
1000 or greater $3520 $1760

309 PERMIT TO OPERATE GRANTED BY HEARING BOARD: If a permit to operate is granted by the Hearing Board after denial by the Air Pollution Control Officer the applicant shall pay the initial permit fee in accordance with Section 308 of this rule.

310 DUPLICATE PERMITS: A request for a duplicate permit shall be made in writing by the permittee. A fee of $14 shall be charged for issuing a duplicate permit.

311 SOURCE TEST OBSERVATION AND REPORT EVALUATION: A fee of $880 will be charged against the owner or operator of a source whenever the Air Pollution Control Officer finds that a source test is required and must be observed and the report evaluated by district personnel to determine the actual emissions from the source for the purpose of issuing or renewing a permit to operate.

312 ANALYSIS FEES: Whenever the Air Pollution Control Officer finds that an analysis of the emissions from any source is necessary to determine the extent and amount of pollutants being discharged into the atmosphere which cannot be determined by visual observation, he may collect and analyze emissions samples. The cost of collecting samples, making the analysis and preparing the necessary reports shall be charged against the owner or operator of said source. The Air Pollution Control Officer shall provide the applicant with an estimate of the actual cost of such work. The applicant may request a conference with the Air Pollution Control Officer to review the cost estimate. The applicant may provide additional information that would reduce the time spent by the Air Pollution Control Officer in performing an analysis of the emission from the source. The Air Pollution Control Officer's cost estimate shall be reduced accordingly.

313 TITLE V OPERATING PERMIT FEE: The fee for (1) the issuance of an initial Title V operating permit, (2) the renewal of a Title V operating permit, (3) the modification of a Title V operating permit or (4) an administrative Title V permit amendment shall be based on the actual hours spent by the District staff in evaluating the application and processing the operating permit. The fee shall be assessed in accordance with the hourly rate established in Section 308.12.

314 REINSPECTION FEE: If, during an inspection for the purpose of issuing (1) an initial Permit to Operate, (2) renewal of a Permit to Operate, or (3) any type of Title V operating permit, a permit unit's operation cannot be evaluated or approved due to circumstances beyond the control of the Air Quality Management District, the owner/operator shall pay the actual cost of a reinspection. The fee for the reinspection shall be assessed in accordance with the hourly rate established in Section 308.12.

315 EMISSION REDUCTION CREDIT BANKING FEE: Any person who requests to deposit emission reduction credits in the District credit bank or to withdraw emission reduction credits from the District credit bank shall pay a fee based on actual hours spent by the District staff in processing the request. The fee shall be assessed in accordance with the hourly rate established in Section 308.12.

400 ADMINISTRATIVE REQUIREMENTS

401 NOTIFICATION OF INITIAL PERMIT FEE OR PERMIT RENEWAL FEE DUE:

After the provisions for granting permits as set forth in Division 26 of the Health and Safety Code and these rules and regulations have been complied with or on the renewal date of a permit to operate, the applicant/permittee will be notified by mail of the fee due and payable and the date the fee is due. If the fee is not paid by the specified due date, the fee shall be increased by one half the amount and the applicant/permittee shall be notified by mail of the increased fee. If the increased fee is not paid within 30 days after notice the application/permit will be canceled and the applicant/permittee will be notified by mail. A canceled application/permit may be reinstated by payment of the applicable permit fee plus fee increases.

402 NEGOTIATED PAYMENT SCHEDULE: If a permittee certifies to the Air Pollution Control Officer's satisfaction through declaration that payment in full of Permit to Operate Renewal fees would result in undue financial hardship, the District may negotiate an amended fee payment schedule, provided that the amended schedule includes reimbursing the District for any increased costs of processing the extra payments. Failure to make any payments by any negotiated due date may result in penalties as otherwise authorized in this rule and/or cancellation of the permit.