SLOAPCD RULE 308 FEES FOR AIR TOXICS "HOT SPOTS" PROGRAM
LAST REVISED 02/09/93

RULE 308. FEES FOR AIR TOXICS "HOT SPOTS" PROGRAM   (Adopted February 9, 1993)

A. APPLICABILITY

   This Rule shall apply to any stationary source subject  to the 
   requirements of the Air Toxics "Hot Spots" Information and Assessment 
   Act, and:

   1.   Manufactures,  formulates, uses, or releases a listed  substance  or  
        any other substance  which  reacts to form any listed substance and 
        emits ten (10) tons per year (tpy)  or  greater  of  any  criteria  
        pollutant or is listed  in  any  current  toxics  use  or  toxics  
        air  emission  survey, inventory, or report released or compiled by 
        the District, or 

   2.   Manufactures,  formulates,  uses,  or  releases a listed substance or 
        any other substance which reacts to form any  listed substance and 
        emits less than ten (10) tpy of any criteria pollutant  and is 
        included in any class listed in Appendix E to Section 93300 through  
        93354  of  Title 17 of the California Code of Regulations (Criteria 
        and Guidelines Regulations).

B. DEFINITIONS

   1.   "APCO":  The Air Pollution Control Officer or his/her designee  from  
        the Air Pollution Control District.

   2.   "Approved  Emissions  Inventory":   An  inventory  of criteria 
        pollutants designated annually by the Executive Officer of the  Air  
        Resources Board in  writing  as  the inventory to be used by the 
        State Board pursuant  to Section 90701, Titles  17  and  26,  
        California  Code of Regulations (Air Toxics "Hot Spots" Fee 
        Regulation), for purposes of calculating the fee schedule for the Air  
        Toxics  "Hot  Spots"  Program  and  for  billing stationary source 
        operators.

   3.   "Criteria  Pollutant":  Total organic compounds or gases, particulate
        matter, nitrogen oxides, or sulfur oxides.

   4.   "Estimated Criteria Pollutant Emissions":  Criteria pollutant 
        emissions estimated by the District based on actual operating  data 
        for the inventory year.

   5.   "Inventory Year": The calendar year of the approved emissions 
        inventory.

   6.   "Listed  Substance": Any substance listed  by the State Air Resources
        Board pursuant to Health and Safety Code Section  44321  and contained 
        in Appendix A to Sections 90700 through 90705, Titles 17 and 26 of the
        California Code of Regulations (Air Toxics "Hot Spots" Fee Regulation).

C. EXEMPTIONS

   1.   Any stationary source  meeting  the  criteria of Subsection A.2 which 
        has been notified in writing that the District will perform an 
        industry wide inventory that includes such source, and which 
        previously paid fees to cover  the costs of the Air Toxics "Hot Spots" 
        Program is not subject to Section D of this Rule.

   2.   Any stationary source listed in Appendix E-II of the Criteria and
        Guidelines Regulation and meeting the criteria of Subsection A.2  
        which was required only to complete a use and production survey and 
        which previously paid fees to cover the costs of the Air Toxics "Hot 
        Spots" Program is not subject to Section D of this Rule.

   3.   Any facility where economic poisons are employed in their pesticidal 
        use is not subject to Section D of this Rule.  Pesticidal use does 
        not include the manufacture or formulation of pesticides.

D.  REQUIREMENTS

   1.   To cover State costs for administering the Air Toxic "Hot Spots" 
        (ATHS) program:

        a.   The operator of each stationary source which meets the criteria 
             of Subsection A.1 and emits any criteria pollutant in an amount 
             greater than or equal to ten (10) tpy shall pay an annual fee  
             at the rate specified by the following equation.   The  annual  
             fee shall be assessed for each criteria pollutant which is 
             emitted in an amount greater than or equal to ten (10) tpy but 
             shall not be less than $100.

             Equation:

             $/Ton = (I - (# * $100) + U - O - F)/T

             Where   I =  Current Air Resources Board Invoice
                     # =  Number of flat rate facilities
                          [See D.1.b]
                     U =  Previous year's uncollected fees
                     O =  Previous year's overpayments
                     F =  Third phase source fees [See D.1.c.]
                     T =  Total number  of  tons of criteria pollutants for 
                          the inventory year from sources subject to this 
                          Section

        b.  The operator of each stationary source which meets the criteria of
            Subsection A.1 and does not emit  any  criteria  pollutant  in  an
            amount  greater  than or equal to ten (10) tpy shall pay an annual
            flat rate fee in the amount of $100.

        c.  The operator of each stationary source which meets the criteria of
            Subsection A.2 and  does  not  emit  any criteria pollutants in an
            amount greater than or equal to ten (10)  tpy  shall pay an annual
            flat rate fee in an amount up to $100.  The level  of compensation
            shall be determined by the APCO and be based on the  facility  SIC
            code.

   2.  To cover the District's costs for administering the ATHS program:

       a.  Each permitted facility shall be assessed a portion of the initial
           Permit  to  Operate  Fee  and  the  renewal  fee,  as described in
           District  Rule  302,  Schedule  of  Fees.   The  amount  shall  be
           determined  by  the APCO and shall be based on District costs  for
           implementing the ATHS program.

       b.  The operator of each stationary source which meets the criteria of
           Subsection A.2 and is not under District permit shall pay a fee of
           up to one hundred  dollars  ($100.00)  to cover District costs for
           implementing the ATHS program.  The  amount  of  this fee shall be
           determined  by  the  APCO and be based on the number  of  District  
           hours required to implement this subgroup's portion of the program.

   3.  For stationary sources which  meet  the  criteria  of Subsection A and
       which  are in the approved inventory, fees will be assessed  based  on
       the approved emissions inventory.

   4.  For stationary  sources  which  meet the criteria of Subsection A, and
       which operated during the inventory  year,  but  which  are not in the
       approved  emissions  inventory,  fees  will be assessed based  on  the
       estimated  criteria  pollutant emissions from  the  stationary  source
       during the inventory year.

   5.  For stationary sources  which meet the criteria of Subsection A, which
       are not in the approved emissions inventory, and which did not operate
       during  the  inventory year,  fees  will  be  assessed  based  on  the
       permitted criteria pollutant emissions from the stationary source.

   6.  Stationary sources  which  meet the criteria of Subsection A due to an
       increase in emissions which  are  in the approved emissions inventory,
       but did not meet the criteria of Subsection  A  during  the  inventory
       year,  fees will be assessed based on the permitted criteria pollutant
       emissions from the stationary source.

   7.  Operators  of  stationary  sources  subject  to Section A of this Rule
       which have had a verifiable reduction of eighty  percent (80%) or more
       in  emissions of any criteria pollutant since the inventory  year  may
       request  that the fees be based on revised permitted emissions instead
       of the approved emission inventory.

E.  COMPLIANCE SCHEDULE

   1.  The District  shall  notify and assess the operator of each stationary
       source subject to Section  A  of  this Rule in writing of the fee due.
       The operator shall remit the fee to  the  District  within thirty (30)
       calendar days of the date of the fee assessment notice.

   2.  a.  If  the fees are not paid within thirty (30) calendar  days  after
           the statement  of the fee has been issued, the APCO shall promptly
           notify the applicant of the past due fee by certified mail (second
           notice).  If the  past  due  fee  is  not  paid within thirty (30)
           calendar  days  after  the  second  notice  has been  issued,  the
           District  shall  assess  a  penalty of not more than  one  hundred
           percent (100%) of the assessed fee, but in an amount sufficient in
           its  determination,  to  pay the  District's  additional  expenses
           incurred by the non-compliance.   The APCO shall promptly issue to
           the applicant a statement which reflects  the  increased  fee  and
           send  that  statement  to said applicant by certified mail.  If an
           operator fails to pay the  increased  fee  within  sixty (60) days
           after  the  statement  of  the increased fee has been issued,  the
           District may initiate permit revocation proceedings.

       b.  If any permit is revoked, it  shall  be  reinstated only upon full
           payment  of  the  overdue  fee  plus  any  late  penalty,   and  a
           reinstatement fee of a minimum of one hundred dollars ($100.00) to
           cover  the  administrative  costs  of reinstating the permit.  The
           reinstatement fee shall be based on  the  total number of hours of
           District  time  spent  multiplied by the current  District  hourly
           rate.