Amended 02/11/13 CC Air Quality Regulations 18-1 SECTION 18: PERMIT AND TECHNICAL SERVICE FEES

18.0 Definiti ons ....................................................................................................... 2

18.1 Operating Permit I ssuance F ees: .................................................................... 2

18.2 Annual Emissions Unit and Annua l Permit Renewal Fees: ............................. 3

18.3 Dust Control Pe rmit Fee: ................................................................................. 5

18.4 NSR [New Source Review and/or PSD] Application Review Fee: ................... 6

18.5 Part 70 Application Review F ee: ..................................................................... 7

18.6 Annual Emission Inventor y and Emission Fee: ............................................... 7

18.7 Certificate for As bestos Remo val .................................................................... 9

18.8 Certificate of Exempt ion (Initi al): ..................................................................... 9

18.9 Certificate of Exem ption (Renew al): ................................................................ 9

18.10 Transfer of a Stationary Source O perating Permit from One Person to

Another ............................................................................................................ 9

18.11 Replacement of Each Lost or De stroyed Operati ng Permit: ............................ 9

18.12 Request for Hearing before the Air Po llution Control He aring B oard ............ 10

18.13 Waiving Fees ................................................................................................. 10

18.14 Blasting Fee .................................................................................................. 10

18.15 Implosion Fee ................................................................................................ 10

18.16 Billing Proc edures ......................................................................................... 10

18.17 Emission Reduction Credit (ERC) A pplication and Trans fer Fees ................ 10

18.18 Stationary Source In spection Fe es ............................................................... 11

18.19 Stationary Source Performance Testing Fees ............................................... 11

18.20 CEMS/PEMS/RATA Fees ............................................................................. 12

18.21 Adjusted Fee Rates ....................................................................................... 13Amended 02/11/13 CC Air Quality Regulations 18-2 18.0 Definitions

For the purposes of assess ing fees pursuant to Sect ion 18, the fo llowing terms will

be defined as follows:

(a) “ Authority To Construct Certificate” means a certificate issued, after the

review of a new or modified stationar y source, which constitutes approval

to commence construction or modification of such source.

(b) “Complex Source” means, for pur poses of annual permit renewal fees, any source with a potential to emit greater than 25 tons per year for any regulated air pollutant or greater t han 40 tons per year combination of regulated air pollutants and that does not qualify as a major stationary
source as defined in Sect ion 18.22(c). For the purpos es of this Section, “regulated air pollutant” is defined accordin g to its definition in Section 0.

(c) “Major Stationary Source” for the purpos es of Section 18, shall be defined according to its definition in Section 12.2.2(ff), 12.3.2(y), or 40 CFR 70.2, as applicable.

(d) “Operating Permit” means a document issued and signed by the Control Officer, authorizing, with conditions, the operation of a stationary source that emits any regul ated air pollutant.

(e) “Significant Source” means, for the purposes of annual permit renewal fees, any source with a pot ential to emit greater t han 10 tons per year for any single regulated air pollutant and t hat does not qualify as a complex or major stationary source.

18.1 Operating Permit Issuance Fees:

18.1.1 Operating Permit issued pu rsuant to Section 12.1 or 12.11: This permit is issu ed for any new or modified stationary source that is not subject to the Part 70 Operating Permit requirements of Section 12.5 and is required to operate under a permit issued by the Control Officer. $136.00

18.1.2 Operating Permit issu ed pursuant to Section 12.5: This permit is issued to an y new or modified stationary source subject to the Part 70 program. FreeAmended 02/11/13 CC Air Quality Regulations 18-3 18.2 Annual Emissions Unit and Annual Permit Renewal Fees:

These fees are assessed on each emission s unit and each Oper ating Permit each calendar year.

18.2.1 Each process e quipment, except as othe rwise listed in this

section. $231.00

18.2.2 Each stor age silo. $113.00

18.2.3 Each stationa ry tank, reservoir, or other container exceeding 40,000 gallons c apacity containing any petroleum product having a vapor pressure of 1.5 pounds per square inch absolute or grea ter at standard temperature and pressure. $308.00

18.2.4 Each gasoline storage tank equipped with Stage I Vapor Recovery or Stage II Vapor Recovery equipment at any Gasoline Dispensing Facility including bulk plants but excluding bulk terminals

. $56.00

18.2.5 Each Heated Asphalt Storage Tank. $58.00

18.2.6 Each Stationary Internal Combustion engine, including microturbines up to 2.5MW, th at meets the definition of a stationary source, except as required in subsection 18.2.7 shall pay the fo llowing fee:

35-350 HP 351-800 HP 801- 1500 HP 1501 HP and up $334.00 $668.00 $1,334.00 $2,003.00

18.2.7 Each Stationa ry Emergency Internal Combustion engine that has a brake horsepower rating greate r than five hundred (500) that meets the definition of a stationary source shall pay th e following fee:

500 to 1500 HP 1501 HP and up $231.00 $668.00

18.2.8 Each fuel burning equipm ent not otherwise listed in this

section that meets the defini tion of a stationary source. $199.00

18.2.9 Each stationary printing press. $382.00Amended 02/11/13 CC Air Quality Regulations 18-4 18.2.10 Each commercial surface coating operation, including spray

booths. In the even t that spray booths are not applicable or required, the fee will apply to t he coating process, e.g., spray gun, dip tank. $382.00

18.2.11 Each electrical generating or compre ssor turbine with a rating of 2.5 megawatts or larger based on ISO standard operating conditions at 67 °F, excluding equipment fueled solely on gas generated with in Clark County by the decomposition of garbage in a landfill. $4,000.00

18.2.11.1 Megawatt Equivalent Fee: (Megawatt Equivalent) x (Fee) $136.00

18.2.11.1.1 Each Megawatt Equivalent based on a facili ty total megawatt output of all electrical or comp ressor turbines with a rating of 2.5 megawatts or larger plus all supplemental duct firing units and/or supplemental Heat Recovery Steam Generators (HRSGs), excluding equipment fueled solely on hydrogen, multiplied by the permitted a nnual hours of operation and divided by 8,760 hours per y ear. Megawatt ratings shall be based on ISO Standard Oper ating Conditions at 67°F.

18.2.11.2 Each supplement al duct firing unit and/or supplemental Heat Recovery Steam Generator ( HRSG), excluding duct-firing equipment fueled solely on hydrogen, or on gas generated within Clark County by the de composition of garbage in a

landfill. $1,334.00

18.2.12 Nevada Department of Transportation (NDOT) subcontractors shall pay equip ment fees at the time of permit issuance. The fees shal l be for the duration of the project, prorated on a calendar quarter basis.

18.2.13 Annual Permit Renewal Fees: If more than one fee schedule is applicable to a permit, the governing schedule

shall be that which result s in the higher fee.

18.2.13.1 Each Major Stationary Source $6,667.00

18.2.13.2 Each Complex Source $5,334.00

18.2.13.3 Each Significant Source $999.00

18.2.13.4 Baseline annual permit renewal applies to every perm itted $67.00Amended 02/11/13 CC Air Quality Regulations 18-5 stationary source except those classified as Major, Complex, Significant, fee exempt, or cove red in another section of the
AQRs.

18.2.14 Fee exempt Free

18.3 Dust Control Permit Fee:

For construction ac tivities including surface gr ading and trenching that are permitted pursuant to Section 94.

18.3.1 Dust Control Permit Fee - s hall be determined on the number of

acres or fraction thereof mu ltiplied by the following: $147.00

(Multiply fee by the sum of the whole number of acres plus 1.0 acre for any fracti on of an acre.)

18.3.2 Dust Control Permit Modification Fee: The fee is related only to the processing of any dust contro l permit which is modified from the originally issued permit as per AQRs . The modified permit

will retain the ex piration date of the original du st control permit. $33.40

18.3.2.1 Modification in combinatio n with additional acres: The dust control permit fee shall also appl y, limited to the new acres.

18.3.2.2 Modification in combinat ion with additional acres where

construction on the additional acreage commenced prior to

submission of either a stand-al one dust control permit or the

modification. The dust control permit late fee shall apply.

18.3.4 Dust Control Class Card (Pur suant to Section 94): The dust

control card will be va lid for three years. $40.10

18.3.5 Dust Control Perm it Late Fee: This f ee will be charged for any

construction site which commences construction activity prior to submitting a complete dust permit application. This fee will be 1.5 times the dust control permit fee as specified in this
Section. $220.50 (per acre)Amended 02/11/13 CC Air Quality Regulations 18-6 18.3.6 Dust Control M onitor Class: The mini mum fee per person for

dust control monitor class is $500. The minimu m fee for the department to hold a dust moni toring training class is $5,000.00. Any individual or company requesting the department to conduc t a dust control moni tor class with less than 10 fee-paying trainees will be responsible for the balance of the cost between payin g trainees and $5,000.00.

18.4 NSR [New Source Re view and/or PSD] App lication Review Fee:

Technical preconstruct ion review of propos ed new or modified stationary sources requesting an Authority To Construct Certificate

18.4.1 NSR Application fee: All stationary sources $344.00

18.4.2 Publication fee for Notice of Proposed Action : (if required) Direct Cost

18.4.2.1 Direct cost shall mean th e actual publicat ion cost of the Notice of Proposed Action as invoiced by the newspaper.

18.4.2.2 Notice of Proposed Action s hall be initiated after the Control Officer receives full payment of all applicable fees from the applicant.

18.4.3 NSR Application Review fee:

18.4.3.1 NSR potential to emit (tons per year) fee shall be determined on annual total potent ial to emit for all regulated air pollutants multiplied by the following and rounded off to the nearest

whole number: $63.00

18.4.3.2 NSR emissions unit fee shal l be determined on the number of emission units multip lied by the following: $247.00

18.4.3.3 An Authority To Construc t Certificate shall not be issued

unless the Control Officer has received full payment of all applicable fees.

18.4.3.4 The NSR Applicati on Review Fee for Authority to Construct applications submitted by the

NDOT shall be based upon the following:

18.4.3.4.1 NDOT maintains the permit for the pit as a single emission unit and is charged for one emission unit review fee (E1).Amended 02/11/13 CC Air Quality Regulations 18-7 18.4.3.4.2 Subcontractors applyi ng for an op erating permit pursuant to the NDOT ATC shall pay review fees based on em ission units (E1) and tons of emission s (E2), but need not pay the application fee.

18.4.3.5 Relocation Fee: Portable source move notice submittal for a new operating location within Clark County. $33.40

18.4.3.6 Acid Rain Perm it: Associated with the requirements of Title IV
of the 1990 Clean Air Act Amendments. $136.00

18.5 Part 70 Application Review Fee:

Technical review of Part 70 Applications for new or ex isting stationary sources.

18.5.1 Application fee: Major Part 70 stationary sources Free

18.5.2 Application fee: Non-Majo r Part 70 stationary sources Free

18.5.3 Publication fee for Notice of Prop osed Action (if requ ired): Direct Cost

18.5.3.1 Direct cost shall mean th e actual publicat ion cost of the Notice of Proposed Action as invoiced by the newspaper.

18.6 Annual Emission Inventory and Emission Fee:

18.6.1 Annual Emissions Inventory:

18.6.1.1 The annual emissions inventory must be submit ted to the department by March 31 of each calendar year.

18.6.1.2 Actual calendar year emissions will be determined by using emission factors consistent with permit co nditions or performance testing (whichever is most recent), and documented em ission control factors.

18.6.1.2.1 Each annual em ission inventory shall be signed by a responsible official of the company attesting to the accuracy and completeness of the inventory.Amended 02/11/13 CC Air Quality Regulations 18-8 18.6.2 Annual Emission Fee:

18.6.2.1 Failure by permit holder to submit an accu rate and comp lete actual emissions inventory by Ma rch 31 of each calenda r year will result in assessment of emission fees based on facility PTE.

18.6.2.1.1 In the event a PT E fee assessment is made and subsequently the actuals are discovered to be grea ter than the PTE, the depa rtment shall collect the unpaid fees as determined by the differenc e in emissions between actual and PTE multiplied by the pollutant fee rate in fo rce at the time of the discovery.

18.6.2.2 Emission fees will be determi ned by the C ontrol Officer.

18.6.2.3 In additi on to the annual emissions unit fee, each major stationary source and each stationary sour ce subject to federal pe rformance standards, shall pay an annual Part 70 emission fee.

18.6.2.4 The annual Part 70 emission fee shall be based on the total number of tons of actual annual emissions for all regul ated air pollutants (rounded off to the nearest whole number).

18.6.3 Actual annual emission s shall mean the following:

18.6.3.1 Measured emissions for any emissions monitored by a continuous emissions monitoring system (CEMS) ov er the previous calendar year, or

18.6.3.2 Estimated emissions for any emissi ons calculated based on annual facility production over the pr evious calendar year.

18.6.4 Annual Part 70 emission fees:

18.6.4.1 Annual Part 70 emi ssion fee shall be determined on the number of tons (to the nearest tenth of a ton) of all regulated air polluta nts, except as provided in Section 18.6.4.2, multiplied by the fo llowing fee: $51.00

18.6.4.2 For the Carbon Monoxide emission s portion, the annual Part 70 emission

fee shall be determined on the number of tons (to the nearest tenth of a ton) of Carbon Monoxide multiplie d by the following fee: $17.40

18.6.5 Exceptions:

18.6.5.1 The following shall not be subj ect to an annual Part 70 emission fee:Amended 02/11/13 CC Air Quality Regulations 18-9 18.6.5.1.1 Any construction activity permitted pursuant to Section 94 of the AQRs,

18.6.5.1.2 Any Gasoline Dispensing Facility permitted pursuant to Section 12 of the regulations shall pay an annual emissions fee of $33.00 per ton of emissions, except for Carbon Monoxide , which shall be pai d at $11.00 per

ton. There will be no annual urban consumer price index fee adjustment. The fees assessed pursuan t to Section 18.6.5.1.2 shall be reviewed every two (2) years, commencin g in January 1999

18.7 Certificate for Asbestos Removal: $668.00

Fee charged on all projects that require National Emission Standards for

Hazardous Air Pollutants (NESHAPS) notification.

18.7.1 Post Abatement Inspection Fe e: $334.00

Fee charged for post abatem ent inspection of all projects that require
National Emission Sta ndards for Hazardous Ai r Pollutants (NESHAPS)

notification.

18.7.2 Inspection for Ongoing Asbe stos Removal Proj ects: $334.00/wk

Fee charged on a weekly ba sis for one inspection pe r week on all projects that require National Emission Sta ndards for Ha zardous Air Pollutants (NESHAPS) notification and which meet or exceed the regulated amounts of Regulated Asbestos-Containing Material (RACM).

18.8 Certificate of E xemption (Initial): $334.00

Hearing Board f iling fee (non-refundable). (This fe e is assessed one time for an exemption grant ed pursuant to Section 44 of the regulations.)

18.9 Certificate of E xemption (Renewal): $136.00

Air Pollution Control Hearing Board filin g fee (non-refundable). (This fee is assessed for each subsequen t exemption renewal grant ed pursuant to Section 44 of the regulations.)

18.10 Transfer of a Stationary Source Operating Pe rmit from One

Person to Another: $136.00

18.11 Replacement of Each Lost or Destroyed Operating Permit: $33.40Amended 02/11/13 CC Air Quality Regulations 18-10 18.12 Request for Hearing before the Air Polluti on Control Hearing Board (fee is non-refundable): $140.00

Applicable to each variance, appeal or compliance schedule.

18.13 Any fees required pursuant to th is section may be waived for each qualifying emissions unit owned and operated by local, state, and federal government agencies.

18.14 Blasting Fee: $136.00

A one-time fee for each dust permi t issued with a blasting permit.

18.15 Implosion Fee: $13,336.00

18.16 Billing Procedures

18.16.1 Fee(s) shall be due within thirty (30) days of billing date.

18.16.2 After forty-five (45) days from billing date, unpaid invoices shall be

assessed a 10% late charge.

18.16.3 Failure to pay any fe e within ninety (90) days may result in a Notice of Violation (NOV) which may impose a dditional penalties and enforcement action up to and includi ng permit revocation.

18.17 Emission Reduction Credit (ERC) Application and Transfer Fees

(a) Application for Emission Reduction Credit: Any application for ERCs shall be accompanied at the time of submittal of the signed application by a non-refundable applicat ion fee of $300.00.

(b) Emission Reduction Cred it Transfer Fee: For any request to transfer ERCs pursuant to Section 12.7.7, a fee of $100.00 shall be paid in full prior to or upon submission of the ERC transfer request.Amended 02/11/13 CC Air Quality Regulations 18-11 18.18 Stationary Source Inspection Fees

The following stationary sour ce inspection fee schedule (Table 18.18) outlines the fees associated with re-inspections for al l stationary sources. These fees apply

when a source fails an inspection, has an incomplete inspecti on, and requires reinspection to determine compliance status or the inspector has to return to the source to verify completion/compliance status due to the f ault of the source.

The initial and annual inspections are conducted with no charge (n/c) to the source.

Note: Only the highest a pplicable fee catego ry shall apply for each source.

Table 18.18. Stationary Source Inspections Fee Schedule

Total PTE De Minimus

Permit Less than

5 Tons 5 Tons or greater NSPS /
NESHAPS Major and Complex

Initial/Annual (included in annual fees) 0 * n/c n/c n/c n/c

1st re-inspect 0 $67.00 $136.00 without device = $334.00;

with Control Device = $199.00 $999.00

All subsequent re-inspects/per 0 $136.00 $267.00 without device = $668.00;

with Control Device = $402.00 $2,003.00

* n/c = no charge.

18.19 Stationary Source Pe rformance Testing Fees

The following stationa ry source performance test (P/T) fee schedule (Table 18.19)

outlines the fees for all st ationary sources. These fees apply when the source is required to conduct a per formance test to determi ne compliance status. The associated fees are on a per protocol basis and shall be invoiced for all performance test(s) which is/a re outlined in each of t he required performance test protocol.

Performance test fees include the protocol and final report re view and covers any on-site time by the department, if required.

Note: Only the highest applicable fee category shall apply for each source.Amended 02/11/13 CC Air Quality Regulations 18-12 Table 18.19. Stationary Source Performance Test (P/T) Fee Schedule

Total PTE De Minimus

Permit Less than

5 tons 5 Tons or greater NSPS/NESHAPS Major and Complex

Initial/Annual P/T (includes protocol/report review) (per protocol submittal) 0 $67.00 $136.00 $66 8.00 $2,003.00

1st re-test (on-site, problems/delays) 0 $67.00 $136.00 $334.00 $999.00

All subsequent re-tests/per (on-site, problems/delays) 0 $136.00 $267.00 $1, 334.00 $4,000.00

18.20 CEMS/PEMS/RATA Fees

The following stationary source perform ance specification (PS) testing and

continuous emissions monito ring system (CEMS) fe e schedule (Table 18.20)

outlines the fees associated for all statio nary sources performance specification test (PS) and continuous emissi ons monitoring systems (C EMS), including predictive emissions monitoring systems (PEMS), and relative accuracy test audits (RATAs)

where the so urce is required to c onduct a performance te st/audit to determine compliance status. The associ ated fees are on a per prot ocol basis and shall be invoiced for all performanc e tests/audits and include the QA/QC review for all

CEMS/PEMS initial equipment review.

Performance Specification (PS) test/audit fe es include the protocol and final report review and covers any on-site time by the departme nt, if required.

Table 18.20. Stationary Source CEMS Performance Specification Tests (PS), PEMS, and

RATA Fees

Test Fee

Initial CEMS Certification Test (includes protocol/report and QA/QC document review) (per protocol submittal) $2,003.00

1st re-test (on-site, problems/delays) $999.00

All subsequent re-tests/per (on-site, problems/delays) $2,003.00

Annual RATA/ PEMS (includes protocol/ report review) (per protocol submittal) $668.00

1st re-test (on-site, problems/delays) $334.00

All subsequent re-tests/per (on-site, problems/delays) $668.00Amended 02/11/13 CC Air Quality Regulations 18-13 18.21 Effective each January 20, all S ection 18 fee rates except for the following shall be adjusted according to the relative percent change from the previous calendar year in the Urban C onsumer Price Index (CPI-U), which is published by the U. S. Department of Labor, Bureau of Labor Statistics:

 Gasoline storage tank at Gasoline Dispensing Facilities

 Dust Control Monitor Certificate

 Hearing request bef ore Hearing Board

18.21.1 CPI Calculation Example:

Assume last year’s CPI average = 229.594 Assume previous year’s CPI average = 224.939

The relative percent change (R PC) for current year is:

RPC = [(Avg CPI last year / Avg CPI previous year )-1]*100 RPC = [(229.594/224.939)-1]*100

RPC = 2.07%

Assume current fee of a Permit is $129.00 New Fee = [Current fee x (1+RPC)] New Fee = $129*1.0207=$132.00

Note: Fees < $50 are rounded to nearest $0.10. Fees > $50 are rounded to nearest $1.00.

History: Amended: September 25, 1980; September 3, 1981; April 23, 1987; November 15, 1990; July 25, 1991; May 28, 1992; August 26, 1993; September 28, 1995; December 19, 1996; April 24, 1997; December 14, 2000; January 21, 2003; June 3, 2003; July 1, 2004; January 20, 2005; January 20, 2006; January 22, 2007; January 22, 2008; January 27, 2009; January 25, 2010; October 5, 2010; Fe bruary 14, 2011; February 10, 2012; February 11,

2013.