APPEALSSANTA BARBARA COUNTY AIR POLLUTION CONTROL DISTRICT
 
 

RULE 210. FEES.

(Adopted 10/18/1971, revised 5/1/1972, 6/16/1975, 6/1976 and 7/24/1978, readopted 10/23/1978, revised 5/17/1980, 6/1980, 12/14/1981, 6/30/1986, 12/15/1986, 8/8/1988, 5/2/1989, 12/12/1989, 2/13/1990, 3/27/1990, 6/5/1990, 12/18/1990, 5/7/1991 and 4/17/1997)

 
 
SCOPE AND PURPOSE 
This rule establishes the framework for a comprehensive system for recovering expenses incurred for the regulatory programs, plans, procedures and tasks necessary for the Santa Barbara County Air Pollution Control District (the District) to carry out its mandate under the Clean Air Act and California law. The purpose of this rule is to allow the District to recover its reasonable costs incurred for direct and incidental costs associated with its activities, including but not limited to the issuance of permits, inspection, enforcement, planning, research and administration. Authority to establish said regulation is provided for in Health & Safety Code Sections 41512, 41512.5, 42311, and 42364.
 

I. FEES FOR SOURCES WITH DISTRICT PERMITS

Permit related fees are assessed for District activities which are related to stationary sources requiring a District permit. The activities include, but are not limited to: review and evaluation of applications; reevaluation of permits; source testing; ambient air quality and continuous emissions monitoring; review, evaluation, implementation of plans, agreements, studies, programs and notices; research; planning and implementation of measures to attain and maintain air quality standards and control of air toxics.

A. Filing Fee

The application filing fee for an Authority to Construct or a Permit to Operate is specified in item 1 of Schedule F.

B. Fee Schedule Basis

The fee for any stationary source, for which a valid PTO exists on the date of adoption of this rule, may be reevaluated on the basis of District cost reimbursement, as prescribed in Section I.C., if any of three conditions is satisfied: (1) the sum of the emissions of Reactive Organic Compounds, Oxides of Nitrogen, Gaseous Sulfur Compounds, and Particulate Matter from all equipment exceeds 25 tons per year, (2) the existing permit is for any category of equipment identified in Section I.B.1.a. through Section I.B.1.e., (3) a prior ATC, PTO or reevaluation was conducted under the provisions of Section I.C. (Cost Reimbursement). The next scheduled permit reevaluation date after adoption of this rule shall be the date for determining the permit reevaluation fee on the cost reimbursement basis. The District shall notify the permit holder of the deposit amount required and no permit reevaluation expenses shall be incurred until the deposit is received. The fee shall include any expenses for inspection, source testing or plan development that is part of the permit reevaluation. Subsequent to the first reevaluation on the cost reimbursement basis, all costs for District activities associated with the stationary source shall be charged to the permit holder on the basis of cost reimbursement.

C. Cost Reimbursement Basis for Determining Fees

D. Source Test and Sampling Fees

These fees shall be in addition to other fees charged pursuant to this section.

E. Other Fees

F. Air Quality Plans

The fees charged under this Section of Rule 210 are earmarked for the preparation of mandated air quality plans necessary for the attainment and maintenance of ambient air quality standards.

Preparation of Air Quality Plans are mandated by a State Implementation Plan (SIP) call, issued by the U.S. Environmental Protection Agency (EPA), or by the State pursuant to Health and Safety Code Section 40910 et. seq. Fees may be assessed to cover District costs incurred upon notification by the U.S. Environmental Protection Agency (EPA) of an upcoming SIP call as well as after formal notification by EPA. The Control Officer shall report to the Executive Board of the District on a triennial basis summarizing the work performed during the proceeding three years, the work planned and the continued adequacy and necessity of this fee.

Fees shall be charged annually to cover costs incurred by the County for preparation of each Air Quality Plan.

G. Air Toxics Program

All stationary sources with a District permit shall pay an annual fee based on annual emissions multiplied by the unit fees prescribed in Schedule B-2. The annual toxic emissions shall be determined pursuant to Section I.H. The fees assessed under this provision are independent of any permit fees that may be assessed for an ATC, PTO or reissuance of a PTO.

H. Annual Emission Fee

I. Programs Conducted by the State Air Resources Board

The fees assessed under this Section are collected by the District and transmitted to the ARB to enable the ARB to implement the Atmospheric Acidity Protection Program (AAPP) and the California Clean Air Act (CCAA) mandated by Health and Safety Code Section 39900 et. seq. and Sections 90800-90803, Title 17, California Code of Regulations, respectively. The fees are based on emissions and shall be assessed for certain stationary sources.

AAPP fees shall be assessed for stationary sources with a PTO that discharge 500 tons or more of either nitrogen oxides or sulfur oxides in any calendar year.

CCAA fees shall be assessed for stationary sources with PTO that discharge 500 tons or more, in any calendar year, of any nonattainment pollutant, or precursor.

Both the fees and the calendar year on which the fees are based shall be determined by the ARB, calculated by the following formula:

AAPP Fee amount = A x AAPP Unit Fee
CCAA Fee amount = B x CCAA Unit Fee

To cover District costs for the collection of the AAPP and CCAA fees, an administrative fee as specified in items 9 and 10, respectively, of Schedule F shall be assessed for each stationary source and for each of the two ARB programs.

Payment of the AAPP and CCAA fees shall be made to the District within sixty (60) calendar days after the invoice date.


II. FEES FOR SOURCES WHICH DO NOT REQUIRE DISTRICT PERMITS
Fees shall be charged to sources of emissions which do not require a District permit, if the District incurs cost to evaluate plans required by law or to determine whether a source is in compliance with federal, state or local air quality rules and regulations.

A. Fees for Asbestos Demolition and Renovation

A non-refundable fee shall be assessed for asbestos demolition and renovation operations subject to the notification provisions of District Regulation X, Rule 1001, National Emission Standards for Hazardous Pollutants. The fee shall be assessed in accordance with Schedule E and shall be paid by the asbestos demolition and renovation contractor at the time an asbestos demolition and renovation project notice is filed with the District.

B. Fees for Determination of Permit Exemption

If a request is made for a written determination of whether equipment is exempt from the requirement for a District permit, a fee as specified in item 11 of Schedule F shall be assessed to the equipment owner or operator to determine the eligibility for exemption.


III. OTHER COST REIMBURSEMENT ACTIVITIES
A. Monitoring Fee

The owner/operator of a stationary source shall pay all District costs associated with installation, operation, maintenance of equipment, and the review, transmittal, storage, and evaluation of data for ambient and continuous emission monitoring activities required under District rules, regulations, permit conditions, or agreements. These costs shall be assessed and paid in accordance with Section I.C. (Cost Reimbursement Basis).

B. Other Inspection and Enforcement Fees

If inspection and enforcement activities are required by permit conditions or to investigate or correct a violation, and the District determines a permit holder is responsible, a fee may be assessed and shall be paid by the violator as prescribed in Section I.C. (Cost Reimbursement Basis). Violations are defined as infractions of District rules or specific permit conditions. The District's activities may be triggered by the following conditions:

C. Plans, Agreements, and Studies

Fees shall be assessed for District activities, identified below, which may be performed for a stationary source. The fee shall be assessed in accordance with the provisions of Section I.C. (Cost Reimbursement Basis) and shall be paid by the owner/operator of the stationary source to the extent the District determines the need for the activity is caused by the stationary source. The activities include the following:

 


IV. HEARING BOARD FEE
A. Variance

B. Permit Appeal

Every applicant or petitioner in a proceeding before the Hearing Board to appeal the denial, suspension or conditional approval of a permit shall pay a filing fee as specified in item 12.c. of Schedule F. An additional fee as specified in item 12.d. of Schedule F. shall be paid for each two hours, or portion thereof, of hearing in addition to the first hearing day necessary to dispose of the appeal. In the event a petition is withdrawn prior to the hearing, one-half the filing fee may be refunded. No appeal shall be heard unless all permit processing fees have been paid including those cases where the fee itself is being appealed. A portion of the fees may be refunded to the extent determined by the Hearing Board. The Hearing Board shall order the appeal filing fee refunded where the Hearing Board determines the appellant has prevailed on the appeal.

Notwithstanding any fees assessed for evaluating or reevaluating a permit, if the Hearing Board directs the District and the petitioner to negotiate the resolution of the issues under appeal and the negotiations are not conducted during a Hearing Board hearing, the Hearing Board shall establish a specified hour limit for negotiation and the petitioner shall be assessed a fee on the basis of Cost Reimbursement to recover costs for District staff and County Counsel labor incurred during such negotiations.

C. Abatement Orders

Upon investigation and determination that a violation of Health and Safety Code Sections 41700 or 41701 or of any order, permit condition or any District rule or regulation prohibiting or limiting the discharge of air contaminants into the air is found to exist, the Air Pollution Control Officer shall notify the violator in writing of the District's intent to assess fees to recover all administrative costs, including County Counsel costs, associated with the preparation, issuance and implementation of abatement orders and of the violator's right to a hearing on objections thereto. When an abatement order is issued and every thirty (30) calendar days thereafter until the case is concluded, an invoice shall be issued summarizing the labor hours and associated costs actually incurred payable by the violator. The labor costs shall be based on hourly rates, approved by the County Auditor-Controller in effect at the time costs are incurred. If the violator objects to the invoiced amount, a request to the Hearing Board for a hearing shall be filed within ten (10) calendar days of the invoice date. Within thirty (30) calendar days of the filing of a request for hearing and on ten (10) calendar days written notice to the violator, the hearing shall be held on the objection in order to determine the validity thereof. In the event no request for hearing is filed or after the Hearing Board affirms the validity of the invoiced costs, the violator shall pay the District the amount stated within thirty calendar (30) days of the invoice date if no request for hearing is filed or within thirty calendar (30) days of the hearing date if a hearing is held. These fees do not preclude fines collected under mutual settlement policy.


V. GOVERNING PROVISIONS
A. Payment of Fees and Penalties

Unless otherwise provided in this Rule, this section is applicable to all fees mandated by this Rule and by the Health and Safety Code.

B. Effective Date

All fees specified in this Rule shall become effective on the date of Rule adoption.

C. Annual Adjustment in Fees

Any fees prescribed in this Rule may be adjusted annually by the Air Pollution Control Officer based on the change in the California Consumer Price Index (CPI) for the preceding year, as determined pursuant to Section 2212 of the Revenue and Taxation Code. All other revisions of this Rule require approval of the District's Board of Directors. As provided for in Health and Safety Code, 42311, as amended, sufficient fees shall be charged to enable the District to recover estimated reasonable costs of all District programs related to permitted stationary sources.

D. Use of Fee Schedules

In the event more than one fee schedule is applicable to an item of equipment, article, machine or other contrivance, the higher fee schedule shall prevail. Where several items of equipment are permitted under a single PTO, the fee shall be assessed as the sum of the fees for the individual items.

E. Consolidation of Existing Permits

Where more than one PTO has been issued for the equipment at any one stationary source, and one or more of the permits is due for renewal, or an application is filed for permit modification, the District may consolidate permits, including consolidation into a single permit for the entire plant or facility. At the time of consolidation, a single date will be set for permit renewal of all equipment included in the consolidated permit. In determining the fee for a consolidated permit, credit will be given for any PTO which has not yet expired on the issuance date of a consolidated permit. The fee for the consolidated permit will be reduced on a pro rata basis for the time remaining on the unexpired permit in determining the fee for the consolidated permit.

F. Rule Precedence and Applicability

Notwithstanding any rule to the contrary, this Rule shall apply to all permit holders or applicants regardless of the date of their application or permit issuance, and the rules in effect on that date. Pursuant to the Health and Safety Code, Sections 39047 and 42311(a), this section shall apply to all persons applying for a permit or holding a permit.

G. Refund of Filing Fee

Except as otherwise provided in this Rule, any required filing fee or portion thereof shall not be refunded or applied to any subsequent application or petition.

H. Reevaluation Date

The date on which a permit reevaluation is due is three years from the initial issuance of the PTO and every three years thereafter, notwithstanding any delay in reissuance of a PTO due to an appeal.


SCHEDULE A
Facility/Equipment Description / Fee Schedule
The fees prescribed in this section pertain to any article, machine, equipment or other contrivance (hereinafter, "equipment") which emits air contaminants, or causes such emissions, and which is not exempted under Rule 202.

 

Amount of Ethylene Oxide Used per Year, in Pounds Fee
250 pounds per year or less $1600.00
Over 250 pounds per year $4000.00
 



 

SCHEDULE B-1 

FEE FOR AIR QUALITY PLAN
EMISSION RANGE (tons per year) AIR QUALITY PLAN FEE
0 - 10 0
>10 - 25 $31 per ton
>25 - 100 $47 per ton
>100 $62 per ton
 

Emission Range shall be determined as the sum of Reactive Organic Compounds and Oxides of Nitrogen (expressed as nitrogen dioxide) for the ozone attainment plan pursuant to the California Clean Air Act of 1988.



 

SCHEDULE B-2 

FEE FOR AIR TOXIC PROGRAM
EMISSION RANGE (tons per year) TOXIC FEE
0 - 10 0
>10 - 25 $9 per ton
>25 - 100 $14 per ton
>100 $18 per ton
The Emission Range shall be determined as the sum of Reactive Organic Compounds, Oxides of Nitrogen (expressed as nitrogen dioxide), Gaseous Sulfur Compounds (expressed as sulfur dioxide) and Particulate Matter at a stationary source. These pollutants are used as proxies for toxic air contaminants. At a later date, this schedule will be expressed in terms of specific toxic air contaminants rather than ROC, NOx, SOx and PM.



 

SCHEDULE B-3 

ANNUAL EMISSION FEE 
[Effective 5/7/91]
EMISSION RANGE (tons per year) EMISSION FEE
0 - 10 $250 total
>10 - 25 $ 55 per ton
>25 - 100 $ 83 per ton
>100 $110 per ton
 

Emission Range shall be determined as the sum of Reactive Organic Compounds, Oxides of Nitrogen (expressed as nitrogen dioxide), Gaseous Sulfur Compounds (expressed as sulfur dioxide), and Particulate Matter.



 

SCHEDULE B-3 

ANNUAL EMISSION FEE 
[Effective July 1, 1991]
EMISSION RANGE (tons per year) EMISSION FEE
0 - 10 $250 total
>10 - 25 $69 per ton
>25 - 100 $104 per ton
>100 $138 per ton
 

Emission Range shall be determined as the sum of Reactive Organic Compounds, Oxides of Nitrogen (expressed as nitrogen dioxide), Gaseous Sulfur Compounds (expressed as sulfur dioxide), and Particulate Matter.



 

SCHEDULE C 

FEES FOR REVIEW, OBSERVATION AND EVALUATION OF SOURCE TESTS FOR EQUIPMENT EVALUATED UNDER SCHEDULE A*
SOURCE SOURCE TEST FEE
Boiler or Heater $1,025
Piston Type Engine
  - one engine $1,025
  - each additional engine $ 273
Thermal Oxidizer $1,025
Wet Scrubber (gaseous) $1,025
Wet Scrubber (particulates) $1,365
Baghouse $1,365
Gas Turbine $1,365
Heater Treater $1,365
Other $1,365
* This fee schedule shall not be used to determine fees for source testing of equipment which discharges non-criteria pollutants, including toxics and heavy metals. Such equipment will be assessed fees on the Cost Reimbursement Basis (Section I.C.)

** If source testing includes determining the efficiency of an emission control device, the fee shall be increased by 50 percent. If source testing is conducted offshore, the fee shall be increased by 25 percent.



 

SCHEDULE D 

SAMPLE AND LABORATORY ANALYSIS FEES
SAMPLE TYPE COST PER SAMPLE*
Sulfur in Fuel Oil $123
Sulfur in Fuel Gas $198
Btu in Fuel Gas $198
Crude Oil TVP $313
Coatings - Volatile Content $238
Solvent Speciation $348
Asphalt Analysis $198
Asbestos Content $ 98
 

* Fees include costs incurred by the District for sample analysis by an independent laboratory.


SCHEDULE E
FEES FOR ASBESTOS DEMOLITION AND RENOVATION
At the time written notice is required to be submitted to the District, contractors for asbestos demolition/renovation operations subject to District Regulation X., Rule 1001, Subpart M of Attachment I and federal regulation 40 CFR, Part 61, Subpart 61.145, shall pay the following fee:
 
 
 
Quantity of Asbestos Fee
Demolitions only:
  Less than 260 linear feet or 160 square fee $75
Demolitions and renovations
  Greater than 260 linear feet or 160 square feet but less than 500 linear or square feet $300
  Greater than 500 but less than 1000 $425
  1000 or greater but less than 2500 $570
  2500 or greater but less than 5000 $705
  5000 or greater but less than 10,000 $825
  10,000 or greater $975

SCHEDULE F
Item #