MARIPOSA COUNTY AIR POLLUTION CONTROL DISTRICT

RULE 1007 - SUPPLEMENTAL ANNUAL FEE

The fees collected pursuant to this rule shall supplement the fee requirements in Regulation VI, if applicable.

A.  Payment of Supplemental Fee
[Reference: 40 CFR Part 70.9(b)(2)(i)]

An owner or operator, or his or her delegee, shall pay an annual supplemental fee for a permit to operate pursuant to Regulation X as determined by the calculation method in subsection C., below, to meet an overall fee rate of $25 per ton of fee-based emissions (CPI adjusted), unless subsection B., below, applies.

1. "Fee-based emissions" means the actual rate of emissions in tons per year of any fee pollutant, including fugitive emission, emitted from the stationary source over the preceding year or any other period determined by the APCO to be representative of normal operation. Fee-based emissions shall be calculated using each emission unit's actual operating hours, production rates, and in-place control equipment; types of material processed, stored, or combusted during the preceding calendar year, or other time period established by the APCO. [Reference: 40 CFR Part 70.9(b)(2)(iii)]
2. "Fee pollutant" means oxides of nitrogen, volatile organic compounds, any pollutant for which a national ambient air quality standard has been promulgated by the U.S. EPA (excluding carbon monoxide), and any other pollutant that is subject to a standard or regulation promulgated by the U.S. EPA under the CAA or adopted by the District pursuant to section 112(g) and (j) of the CAA. Any air pollutant that is regulated solely because of a standard or regulation under section 112(r) of the CAA for accidental release or under Title VI of the CAA for stratospheric ozone production shall not be included. [Reference: 40 CFR Part 70.2 Regulated Pollutant (for Presumptive Fee Calculation]
3. "(CPI adjusted)" means adjusted by the percentage, if any, by which the Consumer Price Index of the year exceeds the Consumer Price Index for calendar year 1989. [Reference: 40 CFR Part 70.9(b)(2)(iv)]

B.  No Supplemental Fee
[Reference: 40 CFR Part 70.9(b)(1)]

There shall not be a supplemental annual fee if the total annual fee rate paid by the source under Regulation VI and H&SC section 44380 (AB 2588 Toxic Hot Spots) equals or exceeds $25 per ton of fee-based emissions (CPI adjusted). Only those AB 2588 Toxic Hot Spots fees that fund direct and indirect costs associated with activities related to the operating permits program as specified in section 502(b)(3)(A) of the CAA are to be used to meet the overall fee rate of $25 per ton of fee-based emissions (CPI adjusted).

C.  Determination of Supplemental Fee

The supplemental annual fee shall be determined by completing the following steps:

Step 1: Calculation of Supplement Annual Fee

s = [$25 per ton (CPI adjusted) x e] - f

where:

s = supplemental annual fee in dollars

e = fee-based emissions in tons per year

f = sum (in dollars) of annual fee under Regulation VI and that portion of AB 2588 Toxic Hot Spots fees that funds direct and indirect costs associated with activities related to the operating permits program as specified in section 502(b)(3)(A) of the CAA.

Step 2: When the Supplemental Annual Fee is Zero

If "f" is equal to or greater than "[$25 per ton (CPI adjusted) x e]," then "s" shall be zero as subsection B., above, applies. If "f" is less than "[$25 per ton (CPI adjusted) x e]," then "s" shall be as calculated in Step 1.

D.  Submit of Information
[Reference: 40 CFR Part 70.6(a)(7)]

An owner or operator of a source, or his or her delegee, shall provide the APCO sufficient information to determine the supplemental fee.