YOLO-SOLANO AIR QUALITY MANAGEMENT DISTRICT

RULE 4.1 - PERMIT FEES - STATIONARY SOURCE
(Revised August 9, 1995)

INDEX

100 GENERAL

101 PURPOSE

102 PUBLIC AGENCIES NOT EXEMPT

200 DEFINITIONS

201 CANCELLED APPLICATION

202 CHANGE OF LOCATION

203 AUTHORITY TO CONSTRUCT FEE

204 INITIAL PERMIT FEE

205 PERMIT RENEWAL FEE

206 MODIFICATION

207 SOURCE

300 STANDARDS

301 AUTHORITY TO CONSTRUCT

302 INITIAL PERMIT FEE

303 PERMIT RENEWAL FEE

304 CANCELLATION OR WITHDRAWAL

305 REVOCATION

306 ALTERATIONS, ADDITIONS, REVISIONS OR CHANGE IN CONDITIONS

307 CHANGE IN LOCATION

308 SCHEDULES FOR INITIAL PERMIT FEE AND PERMIT RENEWAL FEE

309 PERMIT TO OPERATE GRANTED BY HEARING BOARD

310 DUPLICATE PERMITS

311 SOURCE TEST OBSERVATION AND REPORT EVALUATION

312 ANALYSIS FEES

313 FEE FOR INFORMATION RELATED TO A SPECIFIC EMISSION SOURCE

314 INITIAL TITLE V OPERATING PERMIT FEE

315 FEDERALLY ENFORCEABLE SYNTHETIC MINOR PERMIT FEE

400 ADMINISTRATIVE REQUIREMENTS

401 NOTIFICATION OF INITIAL PERMIT FEE OR PERMIT RENEWAL FEE DUE

500 MONITORING AND RECORDS (VACANT)

600 PAYMENT OF FEES





100 GENERAL

101 Purpose: To establish permit fees to be charged stationary sources subject to Rule 3.1.

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201 Cancelled Application: Any application which has been withdrawn by the applicant.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:

206.1 Routine maintenance, repair or replacement with identical or equivalent equipment;

206.2 Increased production rate or increased hours of operation where there is no increase in fixed capital cost, unless such production and hours are limited by permit conditions.

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.

301.1 Within 30 days of receipt of an application, the Air Pollution Control Officer may notify the applicant that, due to the complexity of the application, the permit processing fees shall be based on the actual hours spent by the District staff in evaluating the application and verifying equipment compliance. This fee shall be assessed in accordance with the hourly rate established in Section 308.9. The applicant shall deposit with the District the amount estimated by the Air Pollution Control Officer to be charged for processing the authority to construct, which said sum is not to exceed the actual cost of such work. This estimate may include costs associated with planning meetings and/or design evaluations prior to actual submission of a complete application. The deposit shall be required for the following:

  1. Equipment associated with cogeneration projects.
  2. Equipment associated with resource recovery projects.
  3. Equipment associated with landfill projects.
  4. Equipment associated with power plants.
  5. Equipment involving the disposal by incineration, or other thermal process, of hazardous, toxic or infectious waste.
  6. Equipment involving the emission of hazardous or toxic materials.
  7. Equipment which is expected to emit 25 tons, or more, per year of any pollutant, or which is expected to increase the emissions of any pollutant from an existing facility by 25 tons, or more, per year.
  8. Any project for which the evaluation is expected to take 10 hours or more.

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:

303.1 The Permit Renewal Fee indicted by the appropriate schedule of Section 308 of this rule, and

303.2 The calculated fee for the total permitted tons of each pollutant as indicated by the following table. The minimum fee shall be that for one ton per year. The total tons of each pollutant shall be the permitted emissions rounded up to the next whole ton.

Table 303 - 1

 

Fee Per Ton of Pollutant

Pollutant

Emitted During 12 Month Period

Carbon Monoxide (CO)

$25

Nitrogen Oxides (NOx)

$25

Reactive Organic Gas (ROG)

$25

Sulfur Oxides (SOx)

$25

Total Suspended Particulate (TSP)

$25

303.3 The holder of permits with more than one anniversary date may request a common renewal date and that fees be prorated as necessary.

304 Cancellation or Withdrawal: If an application for an authority to construct is cancelled or denied or a permit to operate is cancelled 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 no longer valid shall not be refunded nor applied to any other application.

306 Alterations, Additions, Revisions or Change in Conditions:

306.1 When an application is filed for a permit involving alterations or additions resulting in a change to any existing equipment for which a permit to operate was granted for such equipment and has not been cancelled under Section 401 of this rule, the applicant shall pay a permit fee based on the incremental increase in rating, capacity or increase in the number of nozzles resulting from such change in accordance with the fee schedule in Section 308 of this rule.

306.2 When a application is filed for a revision of conditions on a permit to operate or any alteration or addition, but no increase or change is made in rating, capacity or number of nozzles, the applicant shall pay a permit fee of $384.

307 Change of Location or Ownership: When an application is filed for a permit because ownership has been transferred from one person to another and a permit to operate granted for such equipment has not been cancelled 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:

308.1 It is determined that the cost of issuing permits, and of inspections pertaining to such issuance exceeds the fees specified in this rule. If more than one fee schedule is applicable to a permit, the governing schedule shall be that which results in the higher fee. When a group of machines are included in a single permit, the permit fee shall be based on the total rating of the group.

308.2 Schedule 1, Electric Motor Horsepower Schedule: Any equipment, the use of which may cause the issuance of air contaminants, using electric motors as a power source shall be assessed a permit fee based on the cumulative total rated horsepower of all electric motors included, in accordance with the following schedule:

Horsepower

Initial Permit

Fee

Permit Renewal

Fee

Less than 5

$ 250

$ 125

5 to 50

$ 500

$ 250

50 to 200

$1000

$ 500

200 or greater

$2000

$1000

308.3 Schedule 2, Fuel Burning Schedule: Any equipment, the use of which may cause the issuance of air contaminants, in which fuel is burned, with the exception of incinerators which are covered in Schedule 4, shall be assessed a permit fee based upon the design fuel consumption of the equipment expressed in millions of British Thermal Units (BTU) per hour, using gross heating values of the fuel, in accordance with the following schedule:

Million BTU

Initial Permit

Permit Renewal

Per Hour

Fee

Fee

Less than 1

$ 125

$ 63

1 to 10

$ 250

$ 125

10 to 50

$ 500

$ 250

50 to 100

$1000

$ 500

100 or greater

$2000

$1000


308.4 Schedule 3, Electrical Energy Schedule: Any equipment, the use of which may cause the issuance of air contaminants, which uses electrical energy, with the exception of motors covered in Schedule 1, shall be assessed a permit fee based on total Kilovolt Ampere (KVA) ratings, in accordance with the following schedule:

 

Initial Permit

Permit Renewal

Kilovolt Ampere

Fee

Fee

Less than 150

$ 500

$ 250

150 or greater

$2000

$1000

308.5 Schedule 4, Incinerator Schedule: Any equipment, the use of which may cause the issuance of air contaminants, designed and used primarily to dispose of combustible refuse by wholly consuming the material charged leaving only the ashes or residue shall be assessed a permit fee based on the maximum horizontal inside cross sectional area, in square feet, of the primary combustion chamber, in accordance with the following schedule:

 

Initial Permit

Permit Renewal

Area, Sq. Ft.

Fee

Fee

Less than 10

$ 500

$ 250

10 to 39

$1500

$ 750

40 to 99

$2000

$1000

100 or greater

$2500

$1250

308.6 Schedule 5, Stationary Container Schedule: Any stationary tank, reservoir or other container, the use of which may cause the issuance of air contaminants, with the exception of permit renewal fees for stationary storage tanks covered in Schedule 6, shall be assessed a permit fee based on the capacity in gallons, in accordance with the following schedule:

 

Initial Permit

Permit Renewal

Gallons

Fee

Fee

Less than 40,000

$ 500

$ 250

40,000 to 400,000

$2000

$1000

400,000 or greater

$2500

$1250

308.7 Schedule 6, Gasoline Fueling Equipment Schedule: Any gasoline fueling equipment at a single location including stationary gasoline storage tanks, dispensers, and vapor recovery systems shall be assessed a permit renewal fee based on the number of gasoline dispensing nozzles in accordance with the following schedule:

 

Initial Permit

Permit Renewal

Gasoline Nozzles

Fee

Fee

Gasoline dispensing equipment

$500 minimum

$250 minimum

with phase I or gasoline gasoline II vapor

at $72 per

at $36 per

 

recovery nozzle

nozzle system

The permit renewal fee for a gasoline dispensing facility granted an exemption for nozzle vapor recovery by Rule 2.22 shall be $192.

308.8 Schedule 7, Internal Combustion Engine Horsepower Schedule: Any equipment using internal combustion engines as a power source, the use of which may cause the issuance of air contaminants, shall be assessed a permit fee based on the cumulative total rated horsepower of all internal combustion engines included, in accordance with the following schedule:

 

Initial Permit

Permit Renewal

Horsepower

Fee

Fee

Less than 50

$ 125

$ 63

50 to 249

$ 250

$ 125

250 to 499

$ 500

$ 250

500 to 999

$1000

$ 500

1000 or greater

$2000

$1000


308.9 Schedule 8, Miscellaneous Equipment: Any equipment, the use of which may cause the issuance of air contaminants, which is not included in the preceding schedules shall be assessed an initial permit fee of $500 and a permit renewal fee of $250. Notwithstanding Section 308.1, standby and emergency equipment may be included in this schedule.

308.10 Schedule 9, Time and Materials Labor Rate: This Schedule shall only be applicable to fees required by Section 301.1 and Section 313. The rate for time and materials shall be $64 per hour.

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 $12 shall be charged for issuing a duplicate permit.

311 Source Test Observation and Report Evaluation: A fee of $768 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 emission 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 offer the collection of samples and the analysis made by qualified personnel of the Air Pollution Control District. The time required for collecting samples, making the analysis and preparing the necessary reports, but excluding time required in going to and from such premises shall be charged against the owner or operator of said premises in a reasonable sum to be determined by the Air Pollution Control Officer, which said sum is not to exceed the actual cost of such work. 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 propose to 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 Officers's cost estimate shall be reduced accordingly.

313 Fee for Information Related to a Specific Emission Source: If the Air Pollution Control Officer finds that a request for information related to a specific emission source is for a purpose other than obtaining a permit to construct or a permit to operate for that specific emission source, a fee may be assessed based on the time and materials labor rate in Section 308.10.

314 Initial Title V Operating Permit Fee: Not withstanding Section 306.2 of this rule, the fee for (1) the issuance of an initial Title V operating permit, (2) the modification of a Title V operating permit or (3) 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 time and materials rate established in Section 308.10 of this rule. The maximum number of hours the District may charge for the initial issuance, modification or amendment of a Title V permit is 250 hours except as provided in section 314.1 of this rule.

314.1 The exceptions that may result in additional chargeable hours are an incomplete Title V permit application, requiring more than two additional requests for additional information and/or excessive or an unusual amount of time in negotiating the permit conditions with the EPA on behalf of the permittee.

315 Federally Enforceable Synthetic Minor Permit Fee: The fee for (1) the issuance of an initial Federally Enforceable Synthetic Minor permit, (2) the modification of a Federally Enforceable Synthetic Minor permit or (3) an administrative Federally Enforceable Synthetic Minor 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 time and materials rate established in Section 308.10 of this rule. The maximum number of hours the District may charge for the initial issuance, modification or amendment of a Federally Enforceable Synthetic Minor permit is 125 hours except as provided in section 315.1 of this rule.

315.1 The exceptions that may result in additional chargeable hours are an incomplete Federal Enforceable Synthetic Minor permit application, requiring more than two additional requests for additional information and/or excessive or an unusual amount of time in negotiating the permit conditions with the EPA on behalf of the permittee.

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 District shall assess a penalty of not more than 50% of the fee due, but in an amount sufficient, in the District's determination, to pay the District's additional expenses incurred by the applicant/permittee's non-compliance. The applicant/permittee shall be notified by mail of the fee and penalty. If the fee and penalty are not paid within 30 days after notice, the application/permit will be cancelled and the applicant/permittee will be notified by mail. A cancelled application/permit may be reinstated by payment of the applicable permit fee plus penalties.

600 PAYMENT OF FEES

601 Installment Payment of Fees: The fees established in this Rule 4.1 and 4.9 may be paid in installments provided that the APCO, subject to appeal to the District Board, approves such a payment plan after finding that immediate payment of the full fee would significantly impair the ability of the payor to continue to operate its facilities.

No payment plan shall extend beyond one year from the date the fee would otherwise be due. If any payment is not made within the deadlines set out in the adopted plan, the permit for which the fee is due shall immediately be null and void.