(Adopted September 2, 1977)(Amended May 5, 1978)(Amended March 5, 1982)
(Amended August 5, 1983)(Amended October 5, 1984)(Amended January 6, 1989)
(Amended June 1, 1990)(Amended June 6, 1992)(Amended June 11, 1993)
(Amended June 10, 1994)(Amended May 12, 1995)(Amended May 10, 1996)
(Amended May 9, 1997) (Amended May 8, 1998)(Amended May 14, 1999)


(a) Filing Fees
Every applicant or petitioner in a proceeding before the Hearing Board except a small business shall pay to the Clerk or Deputy Clerk, at the time of filing, a filing fee of $145.20 for each petition. Small businesses shall pay the fee specified in subdivision (j).

(b) Filing Fee Refunds

(c) Daily Appearance Fee

(d) Publication Fees
Upon demand and in addition to the payment of the foregoing fees, every petitioner for relief which requires published notice shall pay a fee to cover the actual cost of publication(s) of notice of hearing.

(e) Excess Emission Fee

(f) Excess Visible Emission Fee
Each applicant or petitioner for a variance from Rule 401 or Health and Safety Code Section 41701 shall pay to the Clerk or Deputy Clerk of the Hearing Board, in addition to the filing fees required in (a) above, the daily appearance fee required in (c), and the excess emission fees required in (e) above (if any), an emission fee based on the difference between the percent opacity allowed by Rule 401 and the percent opacity of the emissions allowed from the source or sources operating under the variance, in accordance with the schedule set forth in Table II.

In the event that an applicant or petitioner is exempt from the provisions of Rule 401, the applicant or petitioner shall pay a fee calculated as described hereinabove, but such fee shall be calculated based upon the difference between the opacity allowed under the variance and the opacity allowed under the provisions of Health and Safety Code Section 41701, in accordance with the schedule set forth in Table II.

(g) Minimum Excess Emission Fees
When a variance is granted from a rule or rules which limits the discharge of air contaminants, an excess emission fee shall be imposed upon and remitted by the source. The excess emission fee remitted, regardless of calculations, shall be no less than $22.80 per day, per source.

(h) Applicability
The provisions of subdivision (e) shall apply only to those rules or permit conditions that specify quantitative emission limits.

(i) Fee Determination

(j) Small Businesses

(k) Group Variance Fees

(l) Adjustment of Fees
If after the term of a variance for which emission fees have been paid, petitioner can establish, to the satisfaction of the Executive Officer , that emissions were actually less than those upon which the fee was based, a pro rata refund shall be made.

(m) Emission Fee Refunds
In the event that the petition is withdrawn or the variance is not granted, petitioner shall be entitled to a full refund of the unused excess emission fees.

(n) Fee Payment/Variance Invalidation

(o) Request for Time Extension of Payment Due
Whenever this rule requires fees to be paid by a certain date, in order to avoid invalidation of a variance or refusal of acceptance of other petitions, the petitioner may, for good cause, request the Executive Officer to grant an extension of time, not to exceed ninety (90) days, within which the fees shall be paid. Any request for extension of time shall be presented in writing, and accompanied by a statement of reasons why the extension should be granted.

(p) Discretionary Powers
Any person may allege that payment of any of the fees within this rule, excluding publication fees, will cause an unreasonable hardship and may be excused from payment of such fees or a portion of such fees by order of the Hearing Board if the Board in its discretion determines after hearing evidence thereon that payment of such fees would cause financial or other unreasonable hardship to the petitioner.

(q) Transcript Fees
Any person requesting a transcript of the hearing shall pay the cost of such transcript. The parties to hearings and prehearing proceedings may be directed by the Hearing Board to pay the cost of transcripts necessary for the Hearing Board's determination of the matter, in such proportion as the Hearing Board may order.

(r) Government Agencies

(s) Waiver of Fees
All fees associated with this rule shall be waived for any petition for a variance filed as the result of any event declared to be a "state of emergency" by the local, state, or federal authorities.

(t) Service Charge for Returned Check
Any person who submits a check to the District on insufficient funds or on instructions to stop payment on the check, absent an overcharge or other legal entitlement to withhold payment, shall be subject to a $26.00 service charge.


Air Contaminants

Dollars Per Ton

Organic gases, except methane and those containing sulfur


Carbon Monoxide


Oxides of nitrogen (expressed as nitrogen dioxide)


Gaseous sulfur compounds (expressed as sulfur dioxide)


Particulate matter



Toxic Air Contaminants

Dollars Per Pound







Carbon tetrachloride


Chlorinated dioxins and dibenzofurans (15 species)


Ethylene dibromide


Ethylene dichloride


Ethylene oxide




Hexavalent chromium


Methylene chloride








Inorganic arsenic



Toxic Air Contaminants

Dollars Per Pound



Polynuclear aromatic hydrocarbons (PAH)


Vinyl chloride












For each source with opacity emissions in excess of twenty percent (20%), but less than forty percent (40%) (where the source is in violation of Rule 401), the fee is calculated as follows:

For each source with opacity emissions in excess of forty percent (40%) (where the source is in violation of Rule 401 and California Health and Safety Code Section 41701), the fee is calculated as follows: