CALIFORNIA AIR RESOURCES BOARD



### SIP COMPLETENESS CHECKLIST (Electronic Format)

*** TO BE COMPLETED BY DISTRI CT AND RETURNED TO ARB ***

All rules submitted to the EPA as State Implementation Plan (SIP) revisions must be suppo rted by certain information and documentation for the rule packages to be deemed complete for review by the EPA. Rules will not be evaluated for approvability by the EPA unless the submittal packages are comp lete. To assist you in determining that all necessary materials are included in rules packages sent to the ARB for submi ttal to the EPA, please fill out the following form and include it with the rule package you send ARB. See the ARB's Guidelines on the Impl ementation of the 40 CFR 51, Appendix V , for a more detailed explanation than is provided he re. Adopted rules and rule amendments should be checked against U.S. EPA's Guidance Document fo r Correcting Common VOC & Other Rule Deficiencies (Little Blue Book, August 21, 2001) to ensure that they contain no elements which w ill result in disapproval by EPA.

District: Santa Barbara County APCD

Rule No(s): 202 and 361

Rule Title(s): Rule 202: Exemptions to Rule 201; Ru le 361: Small Boilers, Steam Generators, and Process Heater

Date Adopted or Amended: January 17, 2008

ADMINISTRATIVE MATERIALS

Note: All documents should be in electronic format. Items that have signatures, initials, or stamps may be scanned.

Not Attached Attached N/A

COMPLETE COPY OF THE RULE: Provide an unmarked copy of the entire rule as adopted or amended by your District Board.

UNDERLINE AND STRIKEOUT COPY OF THE RULE : If an amended rule,

provide a complete copy of the rule indicating in underline and strikeout format all language which has been added, deleted, or changed since the rule was last adopted or amended.

COMPLETE COPY OF THE REFERENCED RULE(S): For any rule which

includes language specifically referenci ng another rule, a copy of that other rule must also be submitted, unless it has already been submitted to EPA as part of a previous SIP submittal.

PUBLIC NOTICE EVIDENCE: Include a copy of the local newspaper clipping

certification(s), stating the date of public ation, which must be at least 30 days before the hearing. As an alternative, include a copy of the actual published notice of the public hearing as it appear ed in the local newspaper(s). In this case, however, enough of the newspaper page must be included to show the date of publication. The notice must spec ifically identify by title and number each rule adopted or amended.

RESOLUTION/MINUTE ORDER: Provide the Board Clerk certified resolution

or minute order. This document must include certification that the hearing was held in accordance with the information in the public notice. It must also list the rules that were adopted or am ended, the date of the public hearing, and a statement of compliance with Ca lifornia Health and Safety Code Sections 40725-40728 (Administrative Procedures Act).

PUBLIC COMMENTS AND RESPONSES: Submit copies of written public

comments made during the notice period and at the public hearing. Also submit any written responses prepared by the District staff or presented to the District Board at the public hearing. A summary of the public comments and responses is adequate. If there were no comments made during the notice period or at the hearing, please indicate N/A to the left.CALIFORNIA AIR RESOURCES BOARD



### SIP COMPLETENESS CHECKLIST (Electronic Format)

TECHNICAL MATERIALS

Not Attached Attached N/A

RULE EVALUATION FORM: See instructions for completing the Rule Evaluation Form and the accompanying sample form.

NON-EPA TEST METHODS: Attach all test methods that are referenced in

your rule that do not appear in 40 CFR 51, 60, 61, 63, or have not been previously submitted to EPA. EPA me thods used in other media such as SW846 for solid waste are not automatically approved for air pollution applications. Submittal of test met hods that are not EPA-approved should include the information and follow the procedure described in Region 9’s “Test Method Review & Evaluation Process.”

MODELING SUPPORT: Provide if appropriate. In general, modeling support

is not required for VOC and NOx rules to determine their impacts on ozone levels. Modeling is required where a rule is a relaxation that affects large sources (> 100 TPY) in an attainment area for SO2, directly emitted PM10, CO, or NOx (for NO2 purposes). In cases where EPA is concerned with the impact on air quality of rule revisions which relax limits or cause a shift in emission patterns in a nonattainment area, a reference back to the approved SIP will be sufficient provided the approved SIP accounts for the relaxation and provided the approved SIP used th e current EPA modeling guidelines. If current EPA modeling guidelines were not used, then new modeling may be required.

ECONOMIC AND TECHNICAL JUSTIFICATION FOR DEVIATIONS FROM

EPA POLICIES : The District staff report or other information included with the submittal should discuss all potential relaxations or deviations from RACT, RACM, BACT, BACM, enforceability, attain ment, RFP, or other relevant EPA requirements. This includes, for exampl e, demonstrating that exemptions or emission limits less stringent than the presumptive RACT (e.g., a CTG) meet EPA’s 5 percent policy, and demonstrati ng that all source categories exempted from a RACM/BACM rule are de minimis according to EPA’s RACM/BACM policy.

ADDITIONAL MATERIALS : Provide District staff reports and any other

supporting information concerning development of the rule or rule changes. This information should explain the basis for all limits and thresholds contained in the rule.CALIFORNIA AIR RESOURCES BOARD



### APCD/AQMD RULE EVALUATION FORM – Page 1 (Electronic Format)

I. GENERAL INFORMATION

District: Santa Barbara County APCD

Rule No(s): 202 and 361 Date adopted/Amended/Rescinded: January 17, 2008

Rule Title(s): Rule 202: Exemptions to Rule 201; Rule 361: Small Boilers, Steam Generators, and Process Heater

Date Submitted to ARB: January 12, 2008

If an Amended Rule, Date Last Amended (or Adopted): Rule 202 last amended March 17, 2005

Is the Rule Intended to be Sent to the U.S. EPA as a SIP Revision? Yes No (If No, do not complete remainder of form)

District Contact: Doug Grapple Phone Number: 805.961.8883 E-mail Address: GrappleD@sbcapcd.org

Narrative Summary of New Rule or Rule Changes: New Rule Amended Rule

Rule 202 (Amended): The permit exemption cutoff for co mbustion equipment (other than internal combustion engines) has been lowered from heat inputs of less than 5 million (MM) British thermal units (Btu) per hour to less than or equal to 2 MMBtu per hour (Rule 202.G.1).

Rule 361 (New): New or modified boilers, steam generat ors, and process heaters wi th heat inputs in the range of greater than 2 MMBtu per hour to less than 5 MMBtu per hour will be subject to Rule 361. The major provisions of Rule 361 are:

1. Any affected new or modified unit must meet an oxid es of nitrogen (NOx) emission limit of 30 parts per million by volume (ppmv) at 3 percent oxygen and a carbon monoxide (CO) emission limit of 400 ppmv at 3 percent oxygen.

2. Any existing unit must meet the above NOx and CO emission limits by January 1, 2020.

3. A low use exemption is included for existing units wi th an annual heat input (from all fuel) of 1.8 billion British thermal units or less per calendar year. For fa cilities with existing units that apply for this low use exemption, fuel meters must be installed no later than December 31, 2016.

This rule does not require that existing units be immediat ely replaced or retrofitted with controls upon adoption.

Rather this rule includes a sunset clause. Facilities wi th existing units have until January 1, 2020 to comply with

this rule.

Pollutant(s) Regulated by the Rule (Check): ROG (NOx) SO2 (CO) PM TAC (name):

II. EFFECT ON EMISSIONS

Complete this section ONLY for rules that, when implemented, w ill result in quantifiable changes in emissions. Attach referenc e(s) for emission

factor(s) and other information. Attach calculation sheet showing how the emission information provided below was determined.

Net Effect on Emissions: Increase Decrease N/A

Emission Reduction Commitment in SIP for this Source Cate gory: 0.0467 tons per year of NOx (Calendar Year 2020);

no estimated reduction for CO.CALIFORNIA AIR RESOURCES BOARD



### APCD/AQMD RULE EVALUATION FORM - Page 2 (Electronic Format)

Inventory Year Used to Calculate Changes in Emissions: 2002 Area Affected: Santa Barbara County

Future Year Control Profile Estimate (Provide information on as many years as possible) :

The point source emission inventory data shows there ar e 34 known units that will eventually provide emission reductions due to compliance with Rule 361. Only on e area source (EIC 06003001100000, CES 58743) is expected to be affected by the Rule 361 requirements. Staff assum ed that existing units would become subject to the rule requirements at a rate of 1 percent per year untill the year 2020, at which time 100 percent of the existing units would become sujbect to the rule. Staff estima tes that 25% of the units will be eligible for the low use exemption (<1.8 billion Btu/yr heat input rate).

Activity indicators, growth factors, co mpliance factors, implementation factors, and control levels are included in the calculation spreadsheets.

Baseline Inventory in the SIP for the Cont rol Measure: 0.4354 tons per day of NOx

Emissions Reduction Commitment in the SIP for the Control Measure: 0.0467 tons per day of NOx with 100 percent of rule implementation in the year 2020.

Revised Baseline Inventory (if any): N/A

Revised Emission Reduction Estimate (if developed): N/A

Note that the district’s input to the Rule Evaluation Form w ill not be used as input to the ARB’s emission forecasting and plan ning.

III. SOURCES/ATTAINMENT STATUS

District is: Attainment Nonattainment Split

Approximate Total Number of Small (<100 T PY) Sources Affected by this Amendment: 14

Percent in Nonattainment Area: 100 %

Number of Large (> 100 TPY) Sources Controlled: 6 Percent in Nonattainment Area: 100 %

Name(s) and Location(s) (city and county) of Large (> 100 TPY) Sources Controlled by Rule (Attach additional sheets as necessary) : Celite Corporation SSID 00027 Lompoc, Santa Barbara County Venoco - Ellwood SSID 01063 Goleta, Santa Barbara County Greka Oil & Gas, Inc. SSID 02200 Santa Maria, Santa Barbara County Greka Oil & Gas, Inc. SSID 02658 Santa Maria, Santa Barbara County Greka Oil & Gas, Inc. SSID 02680 Santa Maria, Santa Barbara County Southern California Gas Company SSID 01519 Goleta, Santa Barbara County

IV. EMISSION REDUCTION TECHNOLOGY

Does the Rule Include Emission Limits that are Continuous? Yes No

If Yes, Those Limits are in Section(s) D.1 of the Rule.CALIFORNIA AIR RESOURCES BOARD



### APCD/AQMD RULE EVALUATION FORM - Page 3 (Electronic Format)

Other Methods in the Rule for Achieving Emission Reductions are:

V. OTHER REQUIREMENTS

The Rule Contains:

Emission Limits in Section(s): D.1 Work Practice Standards in Section(s): Recordkeeping Requirements in Section(s): G Reporting Requirements in Section(s): H

VI. IMPACT ON AIR QUALITY PLAN

No Impact Impacts RFP Impacts attainment

Discussion: Impacts attainment in a positive way in that NOx emissions shall be decreased.Santa Barbara County APCD Rule 361 361 - 1 January 17, 2008 RULE 361. SMALL BOILERS, STEAM GENERATORS, AND PROCESS HEATERS. (Adopted January 17, 2008)

A. Applicability

This rule shall apply to any boiler, steam generator, and process heater with a ra ted heat input capacity of greater than 2 million British thermal unit per hour and less than 5 million British thermal unit per hour.

B. Exemptions

1. The provisions of this rule shall not apply to:

a. process heaters, kilns, furnaces, and dryers, where the products of combustion come into

direct contact with the material to be heated.

b. equipment that does not require a permit under the provisions of Rule 202.G.

c. existing units until March 15, 2016.

2. Section D requirements shall not apply to any dual fuel unit while forced to burn nongaseous fuel during times of public utility imposed natural ga s curtailment. This ex emption shall not exceed 168 cumulative hours of operation per calendar year excluding equipment testing time not exceeding 24 hours per calendar year.

C. Definitions

See Rule 102 for definitions not limited to this rule. For the purposes of this rule, the following definitions shall apply:

“Annual Heat Input” means the total heat input of fuels burned by a unit in a calendar year, as determined from the higher heating value and cumulative annual usage of each fuel.

“Boiler or Steam Generator” means any combustion equipment permitted to be fired with liquid and/or gaseous and/or solid fossil fuel, used to produce steam or to heat water. Boiler or Steam Generator does not include any unfired waste heat reco very boiler that is used to recover sensible heat from the exhaust of any combustion equipment.

“Existing Unit” means any unit installed prior to January 17, 2008 which is not a modified unit as defined

herein.

“Higher Heating Value (HHV)” means the total heat liberated per mass of fuel burned (British thermal unit per pound), when fuel and dry air at standard conditions undergo complete combustion and all resulting products are brought to their standard states at standard conditions.

“Modified Unit” means any unit that has a burn er or burners replaced or where the unit is replaced in its entirety on or after January 17, 2008. Modified units are considered new units.

“New Unit” means any unit that is not an existing unit. A modified unit is considered a new unit.

“Process Heater” means any external combustion equipment permitted to be fired with liquid and/or gaseous fuel and/or solid fuel which transfers heat from combustion gases to water or process streams. Process Heater does not include any kiln or oven used for drying, baking, curing, cooking, calcinating or vitrifying or any unfired waste heat r ecovery heater that is used to recove r sensible heat from the exhaust of any combustion equipment.Santa Barbara County APCD Rule 361 361 - 2 January 17, 2008 “Rated Heat Input Capacity” (million British thermal units per hour) means the heat input capacity specified on the manufacturer’s nameplate of the co mbustion unit. If the combustion unit has been physically modified such that its maximum heat input is different than the heat input capacity specified on the nameplate, the modified maximum heat input shall be considered as the rated heat input. The new maximum heat input must be certified, in writing, by the manufacturer or installer and engineering calculations supporting the new maximum heat input rating must be submitted to and approved by the District. The District may require the modified maximum heat input capacity to be demonstrated by a fuel meter while operating the unit at maximum capacity.

“Unit” means any boiler, steam gene rator, or process heater.

“Utility Natural Gas” means natural gas supplied by a public gas utility company that meets Public Utility Commission quality pipeline standards as specified in General Order 58-A

.

D. Requirements – Emission Standards

1. No owner or operator shall operate any new or modified unit or, after January 1, 2020, any existing unit, in excess of the following limits, subject to Section D.2 below:

a. Oxides of Nitrogen emissions shall not exceed 30 parts per million by volume at 3 percent

oxygen.

b. Carbon Monoxide emissions shall not exceed 40 0 parts per million by volume at 3 percent

oxygen.

2. The provisions of Section D.1 shall not apply to any existing unit that meets the following:

a. The existing unit operates with an annual heat inpu t, from all fuels, at or below 1.8 billion British thermal units per calendar year as verified by a District approved non-resettable temperature and pressure corrected totalizing fuel meter that is installed no later than December 31, 2016; and

b. The owner or operator implements the District approved Rule 361 Compliance Plan required under Section K.3 for the life of the unit; and

c. The owner or operator demonstrates to the C ontrol Officer compliance with the requirements specified in Sections F, G, H and I.

E. Requirement - Loss of Low Use Exemption

Any owner or operator of any existing unit claiming the Section D.2 low use exemption where the unit’s annual heat input in any calendar year exceeds 1. 8 billion British thermal units shall comply with the following:

1. Within 120 days after the end of the calendar year during which the unit exceeded 1.8 billion British thermal units of annual heat input, submit an Auth ority to Construct permit application for installation of control equipment or a replacement unit; and

2. Within 365 days after the end of the calendar year during which the unit exceeded 1.8 billion British thermal units of annual heat input, demonstrate to the Control Officer and maintain compliance with Section D.1 for the life of the unit; and

3. Maintain compliance with requirements of Section D.2 until compliance with Section D.1 is achieved.Santa Barbara County APCD Rule 361 361 - 3 January 17, 2008 F. Requirements – Compliance Determination

1. Any owner or operator of any unit fired exclusively on utility natural gas and any unit subject to Section D.2 shall be tuned-up pursuant to the requirements of Section I. The District may, at its discretion, require any owner or operator of any unit subject to this rule to perform a source test per the test methods listed in Section J. An owner or op erator may choose to comply with this section by performing District-approved source testing in lieu of tune-ups.

2. Except for units subject to Section D.2, any owner or operator of any unit not fired exclusively on utility natural gas shall perform District-approved source testing not less than once every 24 months using the source test methods listed in Section J. After the third required compliance source test, the District may, at its discretion, allow the owner or operator of the unit to perform tune-ups in lieu of source testing per the requirements of Section I.

3. All emission determinations shall be made in the as-found operating conditi on, except no compliance determination shall be established during unit start up, shutdown, or under breakdown conditions. Start up or shutdown intervals shall not last longer than is necessary to reach stable temperatures and

conditions.

4. Any owner or operator of any unit found not to be in compliance with Section D.1 requirements as a result of the tune-up procedure shall notify the Distri ct in writing within 7 days. The notification shall include a copy of the Rule 361 Tune-Up Report , the actions taken to get the unit into compliance, and the next steps to achieve compliance. Failure to bring the unit into compliance with the requirements of Section D.1 within 15 days of the initial tune-up attempt shall constitute a violation of this rule.

G. Requirements – Recordkeeping

All owners or operators of units subject to this Rule shall keep all records listed below onsite for a period of five years and be made availabl e to District upon request.

1. Maintain Rule 361 Tune-Up Reports and test-firing records.

2. Source test reports.

3. For existing units subject to Section D.2:

a. Monthly and annual fuel use logs for each fuel type.

b. Meter calibration records.

4. Records of emergency non-gaseous fuel use per Sec tion B.2. These records shall include the dates, operating hours, and volumes of non-gaseous fuel used and documentation of fuel sulfur content.

H. Requirements – Reporting

1. The records required pursuant to Section G shall be submitted to the District by March 1 st for the prior calendar year.

2. Source test reports shall be submitted to the Di strict within 45 days of test completion.

I. Requirements – Unit Tuning

The owner or operator of any unit subject to the tune-u p requirements of this rule shall comply with the following requirements:Santa Barbara County APCD Rule 361 361 - 4 January 17, 2008 1. Perform tuning at least twice per year, (at interv als from 4 to 8 months apart) in accordance with the procedures described in the attached District Rule 361 Tune-Up Procedures. Units subject to Section D.1 emission standards shall follow the procedure requirements to measure oxides of nitrogen and carbon monoxide levels using a District-approved calibrated portable analyzer.

2. If the unit does not operate throughout a continuous six-month period within a calendar year, then only one tune-up is required for that calendar year.

3. No tune-up is required during a calendar year for an y unit that is not operated during that calendar year; this unit may be test fired to verify availability of the unit for its intended use but once test firing is completed it shall be shutdown. If test firing exceeds 24 hours per year, then tune-ups shall follow the requirements of Section I.1.

J. Requirements - Source Testing

1. The owner or operator of any unit subject to this Rule shall perf orm an initial source test on each unit at the time of installation and modification to verify compliance with the oxides of nitrogen

and the carbon monoxide emission limits of Secti on D.1.a and D.1.b. Afte r the initial source test, source tests shall be performed biennially to demonstrate compliance with Section D.1.a and

Section D.1.b. For facilities with more than 10 units subject to Section D.1.a and Section D.1.b requirements, the Control Officer may, on a case-by-case basis, a pprove an alternate source test schedule for up to one half of the units every ot her year. Such a request shall be submitted with the Plan required in Section J.2.

2. The owner or operator of any unit subject to this Rule shall submit a Source Test Plan to the District and obtain District written approval prior to the start of any source test. The draft Plan shall be filed with the District at least 30 days before the start of each s ource test. The District shall be notified of the date of source testing a unit at least 14 days prior to testing to arrange a mutually agreeable test date.

3. Source testing shall be performed by a source test contractor certified by the Air Resources Board. District required source testing shall not be performed by an owner or operator unless approved by

the Control Officer.

4. The owner or operator of any unit su bject to source test requirements of this rule shall use the test methods and procedures below:

a. Oxides of Nitrogen: Environmental Protection Agency Method 10 or Air Resources Board

Method 100.

b. Carbon monoxide: Environmental Protection Agency Method 7E or Air Resources Board

Method 100.

c. Fuel rate: District-approved metering system, calibrated within 60 calendar days of the test date. Public Utility Company regulated fuel meters relied on by operators for testing may be allowed an alternative calibration schedule upon approval by the Control Officer. Results must be corrected for pressure an d temperature to standard conditions.

d. Determination of the stack gas smoke-spot number using one of the following methods:

1. American Society of Testing and Materials ASTM D 2156-94 (2003), “Standard Test Method for Smoke Density in Flue Gases from Burning Distillate Fuels”, American Society of Testing and Materials International.

2. Bacharach True Spot® Smoke Test Kit.Santa Barbara County APCD Rule 361 361 - 5 January 17, 2008 3. Alternative methods for determining the stack gas smoke-spot number approved by the Control Officer in writing.

e. Any alternative source test method approved in writing by the Control Officer that is found to be comparable in accuracy to the procedure in this Section and approved by the Air Resources Board and the Environmental Protection Agency.

f. At a minimum, three 30 minute test runs shall be performed for compliance with Sections J.4.a and J.4.b. The average concentration from the three test runs shall be used for determining compliance.

K. Compliance Schedule

The owner or operator of any unit subject to this rule shall meet the following compliance schedule:

1. Existing units shall apply for a Permit to Operate by April 16, 2008 in accordance with Rule 202.

2. Obtain an Authority to Construct permit prior to installation or modification of any new or modified

unit.

3. The owner or operator of any unit requesting the lo w use exemption in Section D.2 shall comply with the requirement to submit a Rule 361 Compliance Plan for District review and approval prior to March 15, 2016. The District approved fuel meters shall be installed by no later than December 31,

2016. The Rule 361 Compliance Plan shall include:

a. The company name, District Facility ID number, facility address, current operating permit number, facility contact information.

b. A list of all subject units with their rated he at input capacity, District Device ID number, anticipated annual heat input.

c. For gaseous fuels, the proposed non-rese ttable temperature and pressure corrected totalizing fuel meter(s) specifications. For liquid fuels, the proposed non-resettable totalizing fuel meter(s) specifications. For solid fossil fuels, provide the methods of fuel throughput monitoring to be used that will achieve the same level of fuel monitoring accuracy as the meters required for the measur ement of gaseous and liquid fuels described above. Include the fuel meter manufacturer, model number, technical brochure, and

manufacturer recommended calibration schedule.

d. For each unit, identify which Rule 361 Tuning Procedure will be used (see Attachment).

4. On or before January 30, 2019, the owner or operator of any existing unit shall:

a. For units subject to Section D.1 emission standards, apply for an Authority to Construct permit.

b. For units subject to the Section D.2 low use provision, provide the annual fuel heat input data for years 2017 and 2018.

5. On or before January 1, 2020, the owner or operator of any unit shall demonstrate final compliance

with this Rule.

L. Rule Effective Date

This rule is effective January 17, 2008.THIS PAGE INTENTIONALLY LEFT BLANKSanta Barbara County APCD Rule 361 A - 1 January 17, 2008 

# ATTACHMENT

SBCAPCD Rule 361 Tune-Up Procedures 1



## PROCEDURE A Equipment Tuning Procedure for Forced Draft-Fired Equipment 2



### Nothing in this Equipment Tuning Procedure shall be construed to require any act or omission that would result in unsafe conditions or would be in violation of any regulation or requirement established by Factory Mutual, Industrial Risk In surers, National Fire Prevention Association, the California Department of Industrial Relations (Occupational Safety and Health Division), the Federal Occupational Safety and Health Administration, or other relevant regulations and requirements.

As used in this procedure, the requirement to measure Oxides of Nitrogen (NO

x 

### ) readings is only required if the unit being tuned is subject to the requirements of Section D.1 (i.e., 30 ppmvd at 3 % oxygen [O 2 

### ]). Only District-approved portable NO

x 

### and CO analyzers may be used. The analyzer shall be calibrated per ASTM Test Method D-6522-00 (reapproved 2005) prior to each use. Calibration records shall be submitted as part of the Rule 361 Tune-Up Report . Analyzer readings shall be taken pursuant to ASTM Test Method D-6522-00 (reapproved 2005). Steps in the Tune-Up Procedure below not applicable to specific units may be omitted.

1. Operate the unit at the firing rate most typical of normal operation. If the unit experiences significant load variations during normal operation, operate it at its average firing rate.

2. At this firing rate, record stack gas temperature, oxygen concentration, and carbon monoxide

concentration and NO

x 

### concentration (also record the smoke-spot number 3 

### for liquid fuels only) and the observed flame condition after unit operation stabilizes at the firing rate selected. Note these readings in the Rule 361 Tune-Up Report as the “Initial As-Found

Conditions” . If the excess oxygen in the stack gas is at the lower end of the range of typical

minimum values 4 

### , and if the carbon monoxide emissions are low and there is not smoke, the unit is probably operating at near optimum efficiency - at this particular firing rate. However, complete the remaining portion of this procedure to determine whether still lower oxygen levels are practical. For units subject to Section D.1, note whether the NO

x 

### and carbon monoxide values comply with the applicable limits.

______________________________ 1. These Rule 361 tune-up procedures differ from SCAQMD Rule 1146.1 and Ventura Rule 74.15.1 (e.g.,

NO

x (as NO 2 ) readings are required to be taken in addition to the CO reading if the unit is subject to Section D.1).

2. This tuning procedure is based on a tune-up procedure developed by KVB, Inc. for the EPA.

3. The smoke-spot number can be determined with American Society of Testing and Materials ASTM Test Method D-2156-94 (2003), “Standard Test Method for Smoke Density Flue Gases from Burning Distillate Fuels,” American Society of Testing and Material s International or with the Bacharach method.

4. Typical minimum oxygen levels for boilers at high firing rates are: a. For natural gas: 0.5% - 3% b. For liquid fuels: 2% - 4%Santa Barbara County APCD Rule 361 A - 2 January 17, 2008 

### 3. Increase combustion air flow to the furnace un til stack gas oxygen levels increase by one to two percent over the level measured in Step 2. As in Step 2, record the stack gas temperature, oxygen concentration, carbon monoxide concentration, NO

x 

### concentration (also record the smoke-spot number 5 

### for liquid fuels only), and the observed flame condition for these higher oxygen levels after boiler operation stabilizes.

4. Decrease combustion air flow until the stack gas oxygen concentration is at the level measured in Step 2. From this level gradually reduce the combustion air flow, in small increments. After each increment, record the stack gas temperature, oxygen concentration, carbon monoxide concentration, NO

x 

### concentration, smoke-spot number (for liquid fuels)

and the observed flame condition.

5. Continue to reduce combustion air flow stepwise, until one of these limits in reached:

a. Unacceptable flame conditions - such as flame impingement on furnace walls or burner parts, excessive flame carryover, or flame instability.

b. Stack gas carbon monoxide concentrations greater than 400 ppmvd or NO

x 

### concentrations greater than 30 ppmvd (as corrected to 3% O 2 

### ).

c. Smoking at the stack.

d. Equipment-related limitations - such as low windbox/furnace pressure differential, built in air-flow limits, etc.

6. Develop an oxygen/carbon monoxide curve (for gaseous fuels) or oxygen/smoke curve (for liquid fuels) similar to those shown in Figures 1 and 2 using the excess oxygen, carbon monoxide or smoke-spot number data obtained at each combustion air flow setting.

7. From the curves prepared in Step 6, find the stack gas oxygen levels where the carbon monoxide emissions or smoke-spot number equal the following values:

Fuel Measurement Value Gaseous carbon monoxide Emissions 400 parts per million #1 & #2 oils smoke-spot number number 1 #4 oil smoke-spot number number 2 #5 oil smoke-spot number number 3 Other oils smoke-spot number number 4

The above conditions are referred to as carbon monoxide or smoke threshold, or as the minimum excess oxygen level.

______________________________ 5. The smoke-spot number can be determined with American Society of Testing and Materials ASTM Test Method D-2156-94 (2003), “Standard Test Method for Smoke Density Flue Gases from Burning Distillate Fuels,” American Society of Testing and Material s International or with the Bacharach method.Santa Barbara County APCD Rule 361 A - 3 January 17, 2008 

### Compare this minimum value of excess oxygen to the expected value provided by the

combustion unit manufacturer. If the minimum level found is substantially higher than the value provided by the combustion unit manufacturer, burner adjustments can probably be made to improve fuel and air mixing, thereby allowing operation with less air.

8. Add 0.5 to 2.0 percent to the minimum excess oxygen level found in Step 7 and reset burner controls to operate automatically at this higher stack gas oxygen level. This margin above the minimum oxygen level accounts for fuel variations, variations in atmospheric conditions, load changes, and nonrepeatability or play in automatic controls.

9. If the load of the combustion unit varies significantly during normal operation, repeat Steps 1-8 for firing rates that represent the upper and lower limits of the range of the load. Because control adjustments at one firing rate may affect conditions at other firing rates, it may not be possible to establish the optimum excess oxygen level at all firing rates. If this is the case, choose the burner control settings that give best performance over the range of firing rates. If one firing rate predominates, settings should optimize conditions at that rate.

10. Verify that the new settings can accommodate the sudden changes that may occur in daily operation without adverse effects. Do this by increasing and decreasing load rapidly while observing the flame and stack. If any of the conditions in Step 4 result, reset the combustion controls to provide a slightly higher level of excess oxygen at the affect firing rates. Next, verify these new settings in a similar fashion. Then make sure that the final control settings are recorded at steady-state operating conditions for future reference.

11. Take a final combustion analysis for NO

x 

### concentration, carbon monoxide concentration and oxygen concentration. Note these readings, as well as the stack temperature and flame condition, in the Rule 361 Tune-Up Report as the “Final As-Tuned Conditions” . Confirm that the final settings result in compliance with the regulatory limits. If compliance with Section D.1 is not achievable, takes actions and provide notification to the District pursuant to the requirements of Section F.4

.

12. When the above checks and adjustments have been made prepare a Rule 361 Tune-Up Report . The report shall include all recorded data and combustion analysis data for the unit; the manufacturer, model number and serial number of the portable NOx/CO analyzer; thename, title, signature, company name, and contact information of person performing the tuneup; and date the tune-up was performed. The Rule 361 Tune-Up Report shall clearly indicate

the “Initial As-Found Conditions” and the “Final As-Tuned Conditions” and shall (if applicable) state whether Section D.1 emission standards for NO

x 

### and carbon monoxide were met. Calibration records shall be submitted as part of the Rule 361 Tune-Up Report

.

NOTE The owner/operator may propose an alternative tuning procedure that meets the same basic requirements of the procedure outlined above for District revi ew and approval. The District may assess fees to

reimburse its costs associated with the review of the alternative procedure using either Section I.C.d or Section III.C of Rule 210. District approval of the a lternative tuning procedure must be obtained prior to

its use.Santa Barbara County APCD Rule 361 A - 4 January 17, 2008 

## Figure 1

Oxygen/Carbon Monoxide Characteristic Curve



## Figure 2

Oxygen/Smoke Characteristic CurveSanta Barbara County APCD Rule 361 A - 5 January 17, 2008 

## PROCEDURE B Equipment Tuning Procedure for Natural Draft-Fired Equipment

Nothing in this Equipment Tuning Procedure shall be construed to require any act or omission that would result in unsafe conditions or would be in violation of any regulation or requirement established by Factory Mutual, Industrial Risk In surers, National Fire Prevention Association, the California Department of Industrial Relations (Occupational Safety and Health Division) the Federal Occupational Safety and Health Administration, or other relevant regulations and requirements.

As used in this procedure, the requirement to measure Oxides of Nitrogen (NO

x 

### ) readings is only required if the unit being tuned is subject to the requirements of Section D.1 (i.e., 30 ppmvd at 3% oxygen [O 2 

### ]). Only District-approved portable NO

x 

### and CO analyzers may be used. The analyzer shall be calibrated per ASTM Test Method D-6522-00 (reapproved 2005) prior to each use. Calibration records shall be submitted as part of the Rule 361 Tune-Up Report . Analyzer readings shall be taken pursuant to ASTM Test Method D-6522-00 (reapproved 2005). Steps in the Tune-Up Procedure below not applicable to specific units may be omitted.

1. Preliminary Analysis

a. Verify that the boiler, steam generator, or process heater (unit) is operating at the lowest pressure or temperature that will satisfy load demand. This pressure or temperature will be used as a basis for comparative combustion analysis before and after tune-up.

b. Verify that the unit operates for the minimum number of hours and days necessary to perform the work required.

c. Verify that the size of air supply openings is in compliance with applicable codes and regulations. Air supply openings must be fully open when the burner is firing and air

flow must be unrestricted.

d. Verify that the vent is in good condition, properly sized and free from obstruction.

e. Perform an as-found (i.e., prior to any adjustments) combustion analysis for carbon monoxide concentration, NO

x 

### concentration, oxygen concentration and measure the stack temperature and note the flame condition at both high and low fire, if possible. Note these readings in the Rule 361 Tune-Up Report as the “Initial As-Found

Conditions” . Also record the following:

(1) Inlet fuel pressure at burner at high and low firing rates.

(2) Pressure above draft hood or barometric damper at high, medium, and low firing rates.

(3) Steam pressure, water temperature, or process fluid pressure or temperature entering and leaving the unit.

(4) Inlet fuel use rate if meter is available.Santa Barbara County APCD Rule 361 A - 6 January 17, 2008 

### 2. C HECKS AND 

### C ORRECTIONS



### a. Clean all dirty burners or burner orifices. Verify that fuel filters and moisture traps are in place, clean, and operating properly. Confirm proper location and orientation of burner diffuser spuds, gas canes, etc. Replace or repair all damaged or missing burner parts.

b. Remove external and internal sediment and scale from heating surfaces.

c. Verify that the necessary water or process fluid treatment is being used. Confirm flushing and/or blowdown schedule.

d. Repair all leaks. In addition to the high-pressure lines, check the blow-off, drain, safety valve, bypass lines, and, if used, the feed pump.

3. S AFETY 

### C HECKS



### a. Test primary and secondary low water level controls.

b. Check operating and limit pressure and temperature controls.

c. Check pilot safety shut off operation.

d. Check safety valve pressure setting and verify that the setting is consistent with unit load requirements.

e. Check limit safety control and spill switch.

4. A DJUSTMENTS



### Perform the following checks and adjustments on a warm unit at high fire:

a. Adjust unit to fire at the maximum inlet fuel use rate: record fuel manifold pressure.

b. Adjust draft and/or fuel pressure to obtain acceptable, clean combustion at high, medium, and low firing rates. The carbon monoxide value should not exceed 400 parts per million at 3% oxygen.

c. Verify that unit light-offs are smooth and safe. Perform a reduced fuel pressure test at both high and low firing rates in accordance with the manufacturer’s instructions.

d. Check and adjust the modulation controller. Verify proper, efficient, and clean combustion through the range of firing rates.

When optimum performance has been achieved, record all data.Santa Barbara County APCD Rule 361 A - 7 January 17, 2008 

### 5. F INAL 

### T EST



### After adjustments, perform a final combustion analysis 

### for carbon monoxide concentration,

NO

x 

### concentration, oxygen concentration, and measure the stack temperature and note the

flame condition on the warm unit at high, medium, and low firing rates, if possible. Note these readings in the Rule 361 Tune-Up Report as the “ Final As-Tuned Conditions ”. Also record the following:

i. Inlet fuel pressure at burner at high and low firing rates.

ii. Pressure above draft hood or barometric damper at high, medium, and low firing rates.

iii. Steam pressure, water temperature, or process fluid pressure or temperature entering and leaving the unit.



### iv. Inlet fuel use rate if meter is available.

If the unit is subject the Section D.1 limits for NO

x 

### (30 ppmvd at 3% O 2 

### ) and carbon monoxide (400 ppmvd at 3% O 2 

### ), confirm that the final settings result in compliance with the regulatory limits. If compliance is not achievab le, takes actions and provide notification to the District pursuant to the requirements of Section F.4

.

6. 

### R ULE 

### 361 T UNE 

### -U P 

### R EPORT



### When the above checks and adjustments have been made, prepare a Rule 361 Tune-Up Report . The report shall include all recorded da ta and combustion analysis data for the unit; the manufacturer, model number and serial number of the portable NO

x 

### /CO analyzer; the name, title, signature, company name and contact information of person performing the tune-up; and date the tune-up was performed. The Rule 361 Tune-Up Report shall clearly indicate the “ Initial As-Found Conditions ” and the “ Final As-Tuned

Conditions ” 

### and shall (if applicable) state whet her Section D.1 emission standards for

NO

x 

### and CO were met. Calibration records shall be submitted as part of the Rule 361 Tune-Up Report

.

NOTE The owner or operator may propose an alternativ e tuning procedure that meets the same basic requirements of the procedure outlined above for re view and approval by the Control Officer. The District may assess fees to reimburse its costs associat ed with the review of the alternative procedure using either Section I.C.d or Secti on III.C of Rule 210. Control Officer approval of the alternative tuning procedure must be obtained in writing prior to its use.Santa Barbara County APCD Response to Comments – Rule 361 $ Rule 202 4 - 1 January 17, 2008 

# APCD RESPONSE TO PUBLIC COMMENTS PROPOSED RULE 361, SMALL BOILERS, STEAM GENERATORS, AND PROCESS HEATERS

AND PROPOSED AMENDED RULE 202, EXEMPTIONS TO RULE 201 (PERMITS REQUIRED)

As of December 19, 2007, the District has received and responded to the attached public comments on these proposed rules.Page 1 of 4RESPONSE TO PUBLIC COMMENTSAugust 28, 2007 Public Hearing - –Santa BarbaraAugust 29, 2007 Public Hearing - Santa MariaLetters Received as of December 19, 2007NEW RULE 361 and PROPOSED AMENDED RULE 202#Comment from:Staff Response1 UCSB EH&S – Ali Aghayan The APCD modeled this rule after the SCAQMD and Ventura rules. Both of these rules required source testing every 2years for units subject tothe low-NOx emission standards and tuning twiceper year for units qualifying for the low-useexemption. After meeting with UCSB and VAFB, theAPCD decided to try a new approach that allows (as an option) fortuning twice a year in lieu of source once every two years if fueled by utility supplied natural gas. The APCD does notthink it appropriate that a unit subject to the emission standards for the rule be subject to a less rigorous tuning schedulethan required for units subject to the low use exemption.2 VAFB – John Gilliland We are bringingthis rule to the Board in December.3 VAFB – John Gilliland Site specific concerns such as this are dealt with via the Source Test Plan process.4 UCSB EH&S – Ali Aghayan Permitting costs will follow the existing Rule 210 fee schedule. Specifically, an application filingfee per Schedule F.1 willbe required for each permit being issued and a permit feewill be assessed per Schedule A.3 (Fuel Burning Equipment).These are the standard fees assessed for this category of equipment.5 UCSB Housing – Mark Rousseau The CAP projects about 17 tons per year (0.0467 tons per day) NOxreduction.6 So Cal Gas – Jim Fox No. Existing units need to apply for a Permit to Operate within 90 days of rule adoption (Ref: Rule 202.E).7 WSPA - Kevin Wright The permit will follow the basic APCD permit structure and will include the emission, operational, monitoring,recordkeeping and reporting requirements. Emission and operational limits will be based on the potential to emit of theunit (unless otherwise requested). For these existing small units, the owner will be given three options to track fuel: (a) viause of a fuel meter, (2) via tracking of actual hours of operation through a centralized electronic monitoring system andassuming full load for eachhour, or (3) by accepting the assumption that he unit operate 8760hours per year at full load.8 WSPA - Kevin Wright Section F.4 provides the detailed process for achieving compliance. One can also apply for a variance, as necessary.9 VAFB – John Gilliland The list will be posted on our website. Inconsultation with ARB, the APCD has defined a standard by which analyzersPage 2 of 4#Comment from:Staff Responsecan qualify for inclusion on the list. This standard is ASTM D6522. We have identified at least 8 units that have met thisASTM method. These analyzers, along with basic approval instructions, will be posted onthe above-referenced webpage.10 VAFB – John Gilliland Section I.3 is an annual number.11 VAFB – John Gilliland It is currently being drafted and will be available after in-houseand county counsel review.12 VAFB – John Gilliland This test is only for liquid fueled units.13 VAFB - John Gilliland See sections F.1 and F.2.14 So Cal Gas – Jim Fox Only a Permit to Operate is required if no modifications or replacement is involved.15 UCSB Housing – Mark Rousseau No. See item 7 above.16 Venoco - Laura Kranzler SeeSection K of the rule. The staff report will include a rule compliance schedule and a flow chart.17 Greka – Al Wedderburn Yes, low NOx units are available for retrofit instead of replacing the entire unit.18 ULA (at VAFB) – Rhonda Cardinal See item 16 above19 ULA (at VAFB) – Rhonda Cardinal See item 7 above.20 Greka – Al Wedderburn Cogeneration units that use fired boilers are subject to this rule.21 Greka – Ramzi Chaabune The applicability of Rule 361 for units that have already received an ATC permit will be determined based on the date ofinstallation and not the date of rule adoption. Installation means that the unit is inplace, hooked up and is ready for use.Existing units requiring a permit per the Rule 202 revision are exempt from NSR per Rule 801.B22 Greka – Ramzi Chaabune See item 21 above23 VAFB – Kim Harding If a unit is installed after the date of rule adoption, it is a new unit and needs to comply with this rule.24 Greka – Al Wedderburn Yes. We have received comments from EPA (and CARB) stating that theybelieve that the 2020 compliancedeadlineseems too long/extended.25 VAFB – Kim Harding No. See item 7 above .Page 3 of 4#Comment from:Staff Response26 ULA (at VAFB) – Rhonda Cardinal See item 7 above27 VAFB – Dave Savinsky We used draft Rule 333 as the basis. See item 41 below.28 Entrix – Kevin Wright The APCD will continue to apply its stacking policy when the exemption threshold is lowered to 2.0 MMBtu/hr.Stacking is a “permitting” issue only. If a company installstwo 1.8 MM Btu/hr boilers and the system is designed suchthat both units may be operated concurrently (i.e., the designheat input is greater than 2.0 MM Btu/hr), then a permit isrequired. If the second unit is solely a backup unit and the design criteria for the system isless than 2.0 MM Btu/hr (at alltimes), then a permit will not be required. In either case, theboiler rule that applies is determined based on the size of theindividual unit (in this case, all would be subject to Rule 360 standards).29 Greka – Ramzi Chaabane Any unit installed after the date of rule adoption would need to comply with the emission standards of Rule 361. As such,it would be treated as a new unit. See item 21 above.30 Greka – Ramzi Chaabane The unit would be considered new since a permit had not yet been issued nor had the unit been installed. See item 21above.31 Greka – Ramzi Chaabane For the purposes of Rule 361, moving an existing unit and installing it at a new location within a source would require theunit to meet the emission standards of Rule 361. The key isthat you will be installing the boiler at a new location. Theintent of Rule 361 is to make sure that new or modified installations (including replacements) meet the emission standards.That is why we are allowing for a long lead time for existing units that remain in place.32 ULA (at VAFB) – Harley Santos The compliance Section K has been revised to make this requirement clear.33 ULA (at VAFB) – Harley Santos These sections refer to SectionsD.1 and D.2, so we believe that they are clear. However, wehave added additionallanguage to the Exemption Section B to make it clear that unaltered existing units are not subject to the requirements ofRule 361 until March 2016.34 VAFB – Dave Savinsky See item 7 above.35 VAFB – Dave Savinsky That is correct. See item 7 above.36 VAFB – Dave Savinsky Normal routine required maintenance tothe unit does not trigger the requirements of Rule 361 on existing units. Work onthe boiler that extends the useful life of the unit may trigger the definition of being modified and will be determined on acase-by-case basis.37 VAFB – Dave Savinsky The APCD believes that 12 months is more than enough time to achieve compliance for small units of thissize. Further,VAFB’s practice of warehousing backup units makes this requirement even more viable.Page 4 of 4#Comment from:Staff Response38 VAFB – Dave Savinsky Temperature and pressure corrected meter readings provide accurate fuelvolume data using the APCD’s base temperatureand pressure standards. This ensures that data used to assess compliance with the low use exemption threshold is correctand accurate.39 VAFB – Dave Savinsky Five years was chosen for this rules due to the emphasis of tuning (in lieu of source testing) as the main compliance tool.Given the limited amount of records required by this rule, we believe that this requirement is not onerous40 VAFB – Dave Savinsky From a District-wide perspective it is important that these records be provided to the APCD once per year. Not allfacilities enjoy the inspection frequency that VAFB has. Reviewof these records is not limited to field inspectors and thesubmittal allows the APCD to fulfill its compliance review requirements.41 VAFB – Dave Savinsky This APCD has made the requested change.42 VAFB – Dave Savinsky Site specific source test issues are handled via the SourceTest Plan process. See item 3 above.43 VAFB – Dave Savinsky That is correct.44 VAFB – Dave Savinsky The tune-up report is a critical component of the alternative source test option. See item 1 above. The APCD’s priorexperience with boiler tune up records is unfavorable. Giventhat this is a compliance based alternative to source testing, itis essential that records be maintained in the manner specified by the APCD.Questions 1 – 16: APCD Workshop August 28, 2007Questions 17 – 27: APCD Workshop August 29, 2007Question 28: Entrix E-Mail September 6, 2007Questions 29-31: Greka E-Mail September 4, 2007Questions 32-33: ULA letter September 19, 2007Questions 34-44: VAFB letter September 13, 2007Santa Barbara County APCD 3-1 January 17, 2008

Public Comments – Rule 361 & Rule 202 

# PUBLIC COMMENTS PROPOSED RULE 361, SMALL BOILERS, STEAM GENERATORS, AND PROCESS HEATERS

AND PROPOSED AMENDED RULE 202, EXEMPTIONS TO RULE 201 (PERMITS REQUIRED)

As of December 19, 2007, the District has received the attached public comments on these proposed rules.Page 1 of 4PUBLIC COMMENTSAugust 28, 2007 Public Hearing - – Santa BarbaraAugust 29, 2007 Public Hearing- – Santa MariaLetters Received as of December 19, 2007NEW RULE 361 and PROPOSED AMENDED RULE 202#Comment from:Comment1 UCSB EH&S – Ali Aghayan Why is tuning required 2 times per year?2 VAFB – John Gilliland Why not delay the CAC until October?3 VAFB – John Gilliland Section J.4.f. – One cannot always get a30 minute test run. Any flexibility here? Sometimes cannot dump heat.4 UCSB EH&S – Ali Aghayan Will the cost of permitting be like that of larger boilers?5 UCSB Housing – Mark Rousseau What is the added emission reduction?6 So Cal Gas – Jim Fox We don’t have to apply for permits until 2016?7 WSPA - Kevin Wright What requirements will be in the permit when Rule 202 exemption goes away?8 WSPA - Kevin Wright Regarding the tuning procedure. What are the compliance implications? What if you find you are out of compliance?9 VAFB – John Gilliland Section K.1. Do we have the list of APCD approved analyzers?10 VAFB – John Gilliland Section I.3. Boiler tuning. 24 hours per year is annual?11 VAFB – John Gilliland When will the staff report be available?12 VAFB – John Gilliland What is a smoke spot test?13 VAFB - John Gilliland What about units that don’t use utility natural gas?Page 2 of 4#Comment from:Comment14 So Cal Gas – Jim Fox Unsure of what will be required of existing units.15 UCSB Housing – Mark Rousseau Are facilities required to install fuel meter now?16 Venoco - Laura Kranzler Is there a compliance schedule available?17 Greka – Al Wedderburn Can units be retrofitted as opposed to be replaced to meet the rule requirements?18 ULA (at VAFB) – Rhonda CardinalWhat is the compliance schedule?19 ULA (at VAFB) – Rhonda Cardinal What will be in the permit? Content, requirements?20 Greka – Al Wedderburn What about cogen units?21 Greka – Ramzi Chaabune What about thereplacement of old units with a new rulein progress? What happens with NEI?22 Greka – Ramzi Chaabune We have an ATC into the APCD for non-installed units (totaling 4.5 MM Btu). Is the unit subject to Rule 361?23 VAFB – Kim Harding What about units that have been purchasedbut not installed? We have several boilers in this size rangein our warehouse(s).24 Greka – Al Wedderburn Can EPA require stricter requirements?25 VAFB – Kim Harding Are fuel meters required for Section D.1 units?26 ULA (at VAFB) – Rhonda Cardinal What conditions will be in the PTO?27 VAFB – Dave Savinsky How did we come up with the number 20for Section J.1 (multiple units eligible for an alternative source test schedule for up toone half of the units every other year)?28 Entrix – Kevin Wright Question regarding stacking of units.29 Greka – Ramzi Chaabane Greka has 2 ATCs for external combustion units but the units have not been installed yet. If they are installed after Ruleadoption would emission limits apply to them or would they be considered existing units?30 Greka – Ramzi Chaabane If an application is submitted but an ATC has not been received yet would the unit be considered newor existing?Page 3 of 4#Comment from:Comment31 Greka – Ramzi Chaabane If a permitted unit is moved within astationary source would it still be considered an existing unit?32 ULA (at VAFB) – Harley Santos Make it clear that existingunits must apply for a Permit to Operate upon rule adoption.33 ULA (at VAFB) – Harley Santos Add additional compliance dates to Sections G through J.34 VAFB – Dave Savinsky Provide details regarding the permitconditions that will accompany SBCAPCD-issued Permits to Operatefor existing units35 VAFB – Dave Savinsky At the 5 September 2007 meeting between VAFB and SBCAPCD, SBCAPCD stated that existing units or new units are notrequired to install fuel meters. Becausethe units are not metered, the emissionslimits would be the potential to emit emissions36 VAFB – Dave Savinsky Rule 361 definesa modified unit to mean any unit that has aburner or burners replaced or where the unit is replaced in itsentirety on or after the rule adoption date. Modified units are considered new units. VAFB does not consider replacement ofelectrical systems, refractory linings, fasteners used to secure the burners, and other non-burner related parts to be a modificationfor the purposes of this rule.37 VAFB – Dave Savinsky VAFB requests the SBCAPCD revise the Rule 361 12-month compliance requirement to be 18 months.38 VAFB – Dave Savinsky VAFB requests the SBCAPCD remove thetemperature and pressure correctedportion and revise the fuel meter requirement.39 VAFB – Dave Savinsky Rule 361 requires records be maintained for a period of five years. Revise to three years.40 VAFB – Dave Savinsky VAFB requests the remove all annual reporting requirements. Sources test reports are already requiredto be submitted to theDistrict and VAFB is routinely inspected by the SBCAPCD. These records will be maintained by the applicable operator andmade available upon request.41 VAFB – Dave Savinsky Rule 361 provides flexibility on a source test schedule for facilities with more than 20 boilers. VAFBrequests the SBCAPCDlower this to ten (10) boilers. Source testing up to ten boilers in one year is challenging. Additionally, VAFB already is subjectto other SBCAPCD rule and permit-required source testing schedules. Lowering the boiler total to ten provides VAFBoperational flexibility to ensure rule compliance42 VAFB – Dave Savinsky Rule 361 requires “At a minimum, three 30 minute test runs be performed for compliance with Sections J.4.a and J.4.b”. VAFBrequests the SBCAPCD revise to verbiage to state: “When operationally feasible, three 30 minute test runs shall be performedfor compliance with Sections J.4.a and J.4.b.”43 VAFB – Dave Savinsky At the 28 August 2007 workshop, the SBCAPCD confirmed that the stack gas smoke-spot numbers are required for fuel oil-Page 4 of 4#Comment from:Commentfired units only and is not required for natural gas-fired or liquefied natural gas-fired units44 VAFB – Dave Savinsky VAFB requests the SBCAPCD remove the tune-up report requirement identified in Procedures A and B.Questions 1 – 16: APCD Workshop August 28, 2007Questions 17 – 27: APCD Workshop August 29, 2007Question 28: Entrix E-Mail September 6, 2007Questions 29-31: Greka E-Mail September 4, 2007Questions 32-33: ULA letter September 19, 2007Questions 34-44: VAFB letter September 13, 2007

### Santa Barbara County APCD 1-1 January 17, 2008 CEQA Findings – Rule 361 & Rule 202 ATTACHMENT 1

CEQA FINDINGS

The Air Pollution Control District found that the potential environmental impacts of Rule 361, including the revision of Rule 202, were adequately described and analyzed in:

• The program Environmental Impact Report (EIR) for the 1991 Air Quality Attainment Plan (AQAP)

• The Final Supplemental Environmental Impact Report for 2004 Clean Air Plan

The adoption and implementation of Rule 361 w ill not have significant adverse impacts on the

environment.

The Board finds that:

• Pursuant to Section 15168 (e) of the California Environmental Quality Act (CEQA) this rulemaking activity is within the scope of the 2004 Clean Air Plan Supplemental EIR and the SEIR adequately describes the activity for the purposes of CEQA.

• The 1991 AQAP EIR and the Final SEIR for 2004 Clean Air Plan were previously determined by this Board to have been completed in compliance with CEQA and were reviewed and considered by the Board prior to approval

• Any subsequent changes to the project description during the public review period will undergo additional envi ronmental review under the CEQA.

### Santa Barbara County APCD 2-1 January 17, 2008 Rule Findings – Rule 361 & Rule 202 ATTACHMENT 2

RULE FINDINGS FOR PROPOSED RULE 361 and PROPOSED AMENDED RULE 202

Pursuant to California Health and Safety C ode Section 40727, the Board makes the following findings for the adoption of Proposed New Rule 361, Small Boilers, Steam Generators, and Process Heaters, and the amendment of Rule 202, Exemptions to Rule 201 (Permits Required).

Necessity

The Board determines that it is necessary to adopt Rule 361 and to amend Rule 202 to fulfill the commitment in the 2007 Clean Air Plan to implem ent control measures N-XC-4 for controlling oxides of nitrogen emissions from larg e water heaters and small boilers.

Authority

The Board is authorized under stat e law to adopt, amend, or repeal rules and regulations pursuant to Health and Safety Code Section 40000, a nd 40725 through 40728 which assigns to local and regional authorities the primary responsibility fo r the control of air pollution from all sources other than exhaust emissions from motor vehicles. Additionally, pursuant to Health and Safety Code Section 40702, the District Board is required to adopt rules and regul ations and to do such acts as are necessary and proper to execute the powers and dutie s granted to it and imposed upon it by State law.

Clarity

The Board finds that proposed Rule 361 and amende d Rule 202 are sufficiently clear. The rules were publicly noticed, and reviewed by the Commun ity Advisory Council. The rules are written or displayed so that persons directly affected by them can easily understand their meaning.

Consistency

The Board determines that proposed Rule 361 an d amended Rule 202 are consistent with, and not in conflict with or contradictory to, existi ng federal or state statut es, court decisions, or regulations with regard to the control of NOx from small boilers, steam generators, and process

heaters.

The neighboring air pollution control districts such as Ventura County Air Pollution Control

District and South Coast Air Quality Management District have adopted similar rules. Based on this evidence, the Board finds th at the rules are consistent with neighboring air pollution control

districts.

### Santa Barbara County APCD 2-2 January 17, 2008 Rule Findings – Rule 361 & Rule 202 Nonduplication

The Board finds that proposed Rule 361 (Emissions of Oxides of Nitrogen From Small Boilers, Steam Generators, and Process Heaters) does not impose the same restrictions as any existing state or federal regulation, and the proposed rule is necessary and prope r to execute the powers and duties granted to, and imposed upon, the APCD.

Reference

The Board finds that we have au thority under state law to adopt Rule 361 to pursuant to Health and Safety Code Section 39002 which assigns to local and regional au thorities the primary responsibility for the control of air pollution from all sources othe r than exhaust emissions from motor vehicles. Additionally, pursuant to Health and Safety Code Section 40702, the Board is required to adopt rules and regulations and to do such acts as are necessary and proper to execute the powers and duties granted to it and imposed upon it by State law.

Public Comment

Response to Comments

The Board has reviewed the response to comm ents included in Attachment 4 and hereby approves those responses to comments as findings.THIS PAGE INENTIONALLY LEFT BLANKSanta Barbara County APCD Rule 210 CPI-Adjusted Fees Page 1 July 1, 2007 

# Rule 210 Fees Adjusted for the Change in the

California Consumer Price Index a

Rule 210 Fee Rate

Fee CPIAdjusted In Effect

Schedule Section Fee July 1, 2007

A. Facility/Equipment Description/Fee Schedule 1.a. Miscellaneous per equipment $56.9574 $56.95 1.b. Minimum fee if only miscellaneous equipment $354.8648 $354.00 b

2. Electric Motor Fee, per total rated horsepower $29.5309 $29.53

Minimum Fee $56.5879 $56.58

Maximum Fee $5,716.8401 $5,716.84 3. Fuel Burning Equipment Fee, per one million Btu/hour input (max. design fuel consumpt’n) $427.2595 $427.25

Minimum Fee $56.5879 $56.58

Maximum Fee $5,716.8401 $5,716.84 4. Electrical Energy Fee, per KVA rating in 10's $5.7426 $5.74

Minimum Fee $56.5879 $56.58

Maximum Fee $5,716.8401 $5,716.84

5. Incinerator Fee, per square feet of inside cross-section $71.1967 $71.19

Minimum Fee $56.5879 $56.58

Maximum Fee $2,857.7483 $2,857.74 6. Stationary Container Fee, per 1,000 gallons $3.2686 $3.26

Minimum Fee $56.5879 $56.58

Maximum Fee $2,857.7483 $2,857.74 7. Dry Cleaning Equipment Fee, per each item of equipment $56.9574 $56.95 8. Motor Vehicle Gasoline Fueling Facilities Fee per nozzle $32.7549 $32.75

Minimum Fee $227.6955 $227.69 Facilities without Phase II vapor recovery nozzles $427.1139 $427.11 9. Ethylene Oxide Sterilizer 250 pounds or less $2,278.3894 $2,278.38 Over 250 pounds $5,696.6341 $5,696.63 10. Rock Crusher Fee, per device $56.9574 $56.95 11. Stacker Belt Fee, per stacker belt $56.9574 $56.95

B-1. Fee for Air Quality Plans (cost per ton)

0 to ≤ 10 tons per year $0.0000 $0.00

>10 to ≤ 25 tons per year $44.1508 $44.15

>25 to ≤ 100 tons per year $66.9204 $66.92
> 100 tons per year $88.3019 $88.30

B-2. Fee for Air Toxics Program (cost per pound of air toxic emissions) 0 to 2,000 pounds per year $0.0000 $0.00

> 2,000 pounds per year $0.2798 $0.27

B-3. Annual Emission Fees

0 to ≤ 10 tons per year (total) $355.6932 $355.69

> 10 to ≤ 25 tons per year (cost per ton) $98.2650 $98.26

# Rule 210 Fees Adjusted for the Change in the

California Consumer Price Index a

Santa Barbara County APCD Rule 210 CPI-Adjusted Fees Page 2 July 1, 2007 > 25 to ≤ 100 tons per year (cost per ton) $148.1139 $148.11
> 100 tons per year (cost per ton) $196.5413 $196.54

# Rule 210 Fees Adjusted for the Change in the

California Consumer Price Index a

Santa Barbara County APCD Rule 210 CPI-Adjusted Fees Page 3 July 1, 2007 Rule 210 Fee Rate

Fee CPIAdjusted In Effect

Schedule Section Fee July 1, 2007

C. Source Tests

Boiler or heater $1,459.8044 $1,459.80 Piston type engine one engine $1,459.8044 $1,459.80 each additional engine $388.7952 $388.79

Thermal oxidizer $1,459.8044 $1,459.80 Wet scrubber (gaseous) $1,459.8044 $1,459.80 Wet scrubber (particulate) $1,944.0328 $1,944.03 Baghouse $1,944.0328 $1,944.03

Gas Turbine $1,944.0328 $1,944.03

Heater Treater $1,944.0328 $1,944.03

Other $1,944.0328 $1,944.03

D. Sample and Laboratory Analysis Fee (cost per sample)

Sulfur in Fuel Oil $175.1486 $175.14

Sulfur in Fuel Gas $281.5858 $281.58

Btu in Fuel Gas $281.5858 $281.58

Crude Oil TVP $444.6221 $444.62 Coatings - Volatile Content $338.1851 $338.18 Solvent Speciation $494.4822 $494.48 Asphalt Analysis $281.5858 $281.58

Asbestos Content $138.7666 $138.76

E. Fees for Asbestos Demolition and Renovation Demolition only - less than 260 linear feet or 160 square feet $106.8175 $106.81

Demolition and renovations less than 500 linear or square feet $427.2595 $427.25

500 to ≤ 1,000 linear or square feet $605.2852 $605.28

>1,000 to ≤ 2,500 linear or square feet $811.8010 $811.80

>2,500 to ≤ 5,000 linear or square feet $1,004.0548 $1,004.05

> 5,000 to ≤ 10,000 linear or square feet $1,174.9610 $1,174.96 > 10,000 linear or square feet $1,388.5851 $1,388.58

F. Schedule F 1. ATC/PTO Filing fee, per application $325.7592 $325.00 b

2. Minimum PTO reevaluation fee $354.8648 $354.00 b

3. Yearly PTO reevaluation fee - vehicle fueling facilities, per nozzle $19.9371 $19.93
4. Additional reinspection fee for vehicle fueling facilities, per nozzle $19.9371 $19.93
5. Fee for change in production rate, per permit $354.8648 $354.00 b

6. Fee for administrative change, per permit $354.8648 $354.00 b

7. Fee for cooling towers with hexavalent chromium $440.5921 $440.59
8. Fee for cooling towers with hex. chromium, delayed compliance $141.4645 $141.46
9. Annual atmospheric acidity protection program fee, per source $497.0347 $497.00 b

10. Annual California Clean Air Act fee, per source $497.0347 $497.00 b

11. Fee for written exemption $497.0347 $497.00 b

# Rule 210 Fees Adjusted for the Change in the

California Consumer Price Index a

Santa Barbara County APCD Rule 210 CPI-Adjusted Fees Page 4 July 1, 2007 (Schedule F is continued on the next page.)

# Rule 210 Fees Adjusted for the Change in the

California Consumer Price Index a

Santa Barbara County APCD Rule 210 CPI-Adjusted Fees Page 5 July 1, 2007 Rule 210 Fee Rate

Fee CPIAdjusted In Effect

Schedule Section Fee July 1, 2007

F. Schedule F (continued) 12. Hearing Board Fee 12.a Filing Fee (fixed fee permit) Emergency variance Length of variance is 15 days or less $83.9585 $83.00 b

Length of variance is more than 15 days $169.0365 $169.00 b

Interim variance $197.0227 $197.00 b

90 day variance $1,066.8336 $1,066.00 b

Regular variance $1,066.8336 $1,066.00 b
Additional fee/month for regular variance more than 3 mo. $390.7319 $390.73 12.b Filing Fee (Reimbursable Permit) Emergency $83.9585 $83.00 b

Interim $490.3180 $490.00 b

90 day variance $490.3180 $490.00 b

Regular $490.3180 $490.00 b

12.c Permit appeal filing fee, per petition $567.5599 $567.00 b

12.d. Permit appeal hearing time, after first day for each two hours $284.2948 $284.29
12.e. Excess emission fee, per ton $227.8522 $227.85

a The Rule 210 fees for fiscal year 2007/2008 shall be the “CPI-Adjusted Fee.” Assuming there are no fee revisions, this fee will be used to calculate future CPI fee increases. For purposes of administrative convenience for fiscal year 2007/2008, the Dist rict will charge the “Fee Rate,” which is the CPI-Adjusted Fee rounded down to the

nearest cent or nearest dolla r. The APCD revised the fees in accordan ce with Rule 210.V.C. These fees are effective July 1, 2007 and they are based on a California Consumer Price Index increase of 3.4 percent (April 2006 to April 2007). The APCD calculated the CPI-adjusted fee rates shown in the table by applying the 3.4 percent CPI increase to the fiscal year 2006/2007 CPI-adjusted fee rates a nd rounding the results down to four decimal places.

b The APCD rounded this fee down to the nearest dollar.Santa Barbara County APCD Rule 210 210 - 1 March 17, 2005 RULE 210. FEES. (Adopted 10/18/1971, revised 5/1/1972, 6/16/1975, 6/1976 and 7/24/1978, readopted 10/23/1978, revised 5/17/1980, 6/1980, 12/14/1981, 6/30/1986, 12/15/1986, 8/8/1988, 5/2/1989, 12/12/1989, 2/13/1990, 3/27/1990, 6/5/1990, 12/18/1990, 3/5/1991, 5/7/1991, 4/17/1997, and 3/17/2005)

SCOPE AND PURPOSE

This rule establishes the framework fo r a comprehensive system for recovering expenses incurred for the regulatory programs, plans, procedures and tasks necessary for the Santa Barbara County Air Pollution Control District (the District) to carry out its mandate under the Clean Air Act and California law. The purpose of this rule is to allow

the District to recover its reasonable costs incurred for di rect and incidental costs associated with its activities, including but not limited to the issuance of permits, inspection, enforcement, planning, research and administration. Authority to establish said regulation is provided for in Health & Safety Code Sections 41512, 41512.5, 42311, and

42364.

I. FEES FOR SOURCES WITH DISTRICT PERMITS

Permit related fees are assessed for District activities whic h are related to stationary sources requiring a District permit. The activities include, but are not limited to: review and evaluation of applications; reevaluation of permits; source testing; ambient air quality and con tinuous emissions monitori ng; review, evaluation, implementation of plans, agreements, studies, programs and notices; research; planning and implementation of measures to attain and maintain air quality standards and control of air toxics.

A. Filing Fee

The application filing fee for an Authority to Construct or a Permit to Operate is specified in item

1 of Schedule F.

B. Fee Schedule Basis

1. Evaluation Fee

The fee for processing any application for a new or modified Authority to Construct or Permit to Operate shall be calculated acco rding to the Facility/Equipment Description (see Schedule A), except where (1) the application is for a source wh ich the District determines has the potential to require offsets (or trade-offs), air quality impact analysis, computer modeling or monitoring pursuant to Regulation VIII, or (2) the application is for any of the categories of equipment listed below in (a) through (e), in which case the fee shall be assessed on the Cost Reimbursement Basis set forth in Section I.C., below.

a. Equipment associated with landfill or storage/treatment pond projects.

b. Equipment associated with resource recovery projects.

c. Equipment associated with energy cogeneration projects.

d. Equipment associated with power plant projects.

e. Other projects and the related equipment, determined by the District for good cause to require sufficient analysis such that the use of fee schedules shown in Attachment A will

not enable the District to recove r the cost of permit evaluation.Santa Barbara County APCD Rule 210 210 - 2 March 17, 2005 If an application is withdrawn or the District stops work on the processing of a permit at the request of the applicant, the applicant shall pay a percentage of the evaluation fees as determined by the District based on the work completed to date.

2. Reevaluation Fee

Every three years the District shall reevaluate a PTO to insure compliance by the operator with listed permit conditions and all applicable Distri ct Rules and Regulations. The fee shall be

calculated in the same manner as the PTO evaluati on fees prescribed in S ection I.B.1., with the following exceptions:

a. The minimum triennial reevaluation fee fo r a stationary source is specified in item 2 of Schedule F to cover costs of District inspection visits as well as the engineering work related to the permits.

b. For motor vehicle fueling facilities equipped with Phase II vapor recovery nozzles, reevaluation of nozzles (and storage tanks) shall be on an annual basis; the minimum fee specified in item 2 of Schedule F shall not be applicable. The annual fee shall be calculated as specified in item 3 of Schedule F. If the equipment fails the first inspection, fees for any additional inspections shall be assessed specified in item 4 of Schedule F. The annual fee shall be paid within 30 days after notification by the District of the

amount due.

c. Consecutive triennial reevaluations shall not be billed within any one 12 month consecutive period.

The fee for any stationary source, for which a valid PTO exists on the date of adoption of this rule, may be reevaluated on the basis of District cost reimbursement, as prescribed in Section I.C., if any of three conditions is satisfied: (1) the sum of the emissions of Reactive Organic Compounds, Oxides of Nitrogen, Gaseous Sulf ur Compounds, and Particulate Matter from all equipment exceeds 25 tons per year, (2) the exis ting permit is for any category of equipment identified in Section I.B.1.a. through Section I.B.1.e., (3) a prior ATC, PTO or reevaluation was conducted under the provisions of Section I.C. (Cos t Reimbursement). The next scheduled permit reevaluation date after adoption of this rule shall be the date for determining the permit reevaluation fee on the cost reimbursement basis. The District shall notify the permit holder of the deposit amount required and no permit reeval uation expenses shall be incurred until the deposit is received. The fee shall include any e xpenses for inspection, source testing or plan development that is part of the permit reevalua tion. Subsequent to the first reevaluation on the cost reimbursement basis, all costs for District ac tivities associated with the stationary source shall be charged to the permit holder on the basis of cost reimbursement.

C. Cost Reimbursement Basis for Determining Fees

a. Reimbursable Costs

1) The applicant or permit holder shall reimburse the District for all "reimbursable costs," as defined below.Santa Barbara County APCD Rule 210 210 - 3 March 17, 2005 2) Reimbursable costs are defined as:

a) District Labor. District labor costs incurred as a result of time spent by District employees and County Counsel for conducti ng necessary work with regard to a permit application or permit. Hourly rates, including District overhead costs, and County Counsel rates shall be established by the County Auditor-Controller. The rates charged are those established for the dates when work is performed.

b) Overtime. Overtime costs reas onably incurred by the District. Overtime shall be charged at 1.50 times the base hourly rate. Overhead will be charged only on the base rate. Overtime shall only be charged to an application, permit or source upon which overtime effort is expended.

c) Contractors. Outside consultants and contractors. Outside consultants and contractors may be hired by the District, when necessary to assist in conducting the necessary work subject to the provisions below.

i. Prior to utilizing the services of any outside consultant, the District shall (a) notify the applicant or permit holder, in writing, of the reasons why an outside consultant will be retained and (b) provide the applicant or permit holder with the proposed scope of work and (c) identify the consultant proposed by the District. The applicant or permit holder shall have the right to review and comment on the scope of work and to propose no more than three (3) additional consultants or contractors; however, such consideration shall not require a competitive bidding process or a written decision by the District. If at any time the Dist rict deems it necessary to make additions, deletions or other modifications to the scope of work, the applicant or permit holder shall have the right to review, and provide comment on the modified scope of work.

If the District elects not to revi se the scope of work which an applicant or permit holder desires to revise, the District shall advise the applicant or permit holder in writing as to the

reasons for the District's decision.

ii. All proposed contracts which are to be administered under the

District's Cost Reimbursement Provisions will be competitively bid if requested in writing by the applicant or permit holder prior to an application being deemed complete. Requests for Proposals (RFPs) with respect to all proposed contracts will be sent to all bidders deemed qualified by the District. District costs for administering the bidding process are reimbursable costs. The app licant shall have the right to appeal the District's selecti on of and/or the need for a consultant or contractor within ten (10) days to the Air Pollution Control Officer, whose decision shall be final. The Air Pollution Control Officer shall notify the applicant or permit holder in writing of the decision and the reasons

therefore.Santa Barbara County APCD Rule 210 210 - 4 March 17, 2005 iii. In the event an applicant requests use of competitively bid contracts an application sha ll be automatically deemed incomplete for purposes of District Rules and Regulations and any applicable timelines specified under the Permit Streamlining Act, Government Code section 65943, shall be waived by the applicant pending selection of an outside

consultant and execution of a contract.

iv. If the need for an outside consultant is determined by the District after an application is deemed complete, the procedure of Section I.C.a.2)c)i. shall apply.

b. Notice of Cost Reimbursement and Appeal

1) The District shall notify the applicant or permit holder in writing that (a) the

District has determined the work w ill be done on the Cost Reimbursement Basis, (b) the grounds for such determination, (c) the projected total cost to obtain the permit applied for, and (d) the initial deposit amount as determined pursuant to Section I.C.d.

2) Upon receipt of such notification, the applicant or permit holder shall have ten (10) days in which to appeal the District's determination to use the cost reimbursement basis to the District Board of Directors. Failure to appeal within said ten (10) days shall bar the applicant or permit holder from contesting the

Cost Reimbursement Basis.

3) Prior to the District Board heari ng any appeal, the applicant or permit holder shall place on deposit with the District an amount equal to the District's projected costs for the next thirty (30) days of District work on the project. If the District prevails, the amount on deposit shall be applied to the cost reimbursement deposit.

4) Pending conclusion of any appeal pursuant to Section I.C.b., an application for permit shall be automatically deemed incomplete for purposes of District Rules and Regulations and any applicable timelines specified under the Permit Streamlining Act, Government Code section 65943 shall be waived by the applicant.

5) Notwithstanding any other provisions of this rule, the applicant or permit holder

shall reimburse the District for costs asso ciated with an appeal if the District prevails. If the appellant prevails, the Di strict Board of Directors may, at its discretion, order that all or a portion of the costs paid be reimbursed to the appellant.

c. Audits

The applicant or permit holder shall have the right to audit any disputed reimbursable cost charged by the District.

1) If an applicant or permit holder elects to audit a disputed reimbursable cost item, the party shall notify the District in writing within thirty (30) days after the date of invoice and shall identify the reasons for the dispute.Santa Barbara County APCD Rule 210 210 - 5 March 17, 2005 2) The District shall provide the applicant or permit holder with documentary evidence supporting the basis and accuracy of the disputed reimbursable cost item. The District shall provide the documentation within thirty (30) days after receipt of written request, except that the Control Officer may extend the deadline for good cause.

3) If within fifteen (15) days of r eceipt from the District of the documentary evidence supporting the item, the dispute still remains, the applicant or permit holder may request an inde pendent audit. The audit will be conducted by an independent auditor, approved by the applicant and the District.

4) Notwithstanding the provisions of I.C.c.1) and I.C.c.3), above, an applicant or permit holder may dispute any alleged fraudulent reimbursable cost by notifying the Control Officer in writing within 30 days of when the applicant or permit

holder discovered or should have disc overed the fraud. Such notice shall contain a detailed description of the facts and any available evidence which support the allegation. The Control Officer may order an audit and/or require additional information from the applicant or permit holder. The Control Officer shall issue a determination, in writing, w ithin 60 days after receipt of the notice, which time may be extended by the Control Officer for good cause. The Control Officer may order all or a portion of the disputed cost and any costs incurred pursuant to I.C.c.5, below, be reimbursed to the applicant or permit

holder. The Control Officer's decision shall be final.

5) Notwithstanding any ongoing dispute over costs, including where an audit is requested, the applicant or permit holder shall reimburse the District for all reimbursable costs no later than thirty (30) days after the date of invoice. Failure to pay all fees is grounds for discontinuing all District work on the Project and for denial of the permit application or for not renewing an existing permit. Costs incurred by the District pursuant to Sections I.C.c.2), I.C.c.3) and I.C.c.4), above, are reimbursable costs under this rule.

d. Deposits

When the cost reimbursement basis is used for District work, the applicant or permit holder shall place on deposit adequate funds to cover projected reimbursable costs for th e next ninety (90) days of District work on the project. The District shall bill the applicant or permit holder monthly for all incurred expenses and the applicant or permit holder shall reimburse the District within thirty (30) days after the date of the monthly invoice. This process shall ensure sufficient funds are kept on deposit with the District to authorize necessary expenditures without delaying the work to be performed.

1) Funds placed on deposit will be subj ect to the handling charges and credited with interest payments specified in the policy of the Santa Barbara County Auditor Controller's Office including updates.

2) At the time the District requests the deposit of funds, or the payment in lieu of initial deposit, the District shall identify in writing the basis for the estimate of the projected costs to cover the first ninety (90) days of application evaluation.

3) If, at any time during the District's work, the District determines that additional funds are necessary to cover reimbursable co sts for the next ninety (90) days, an additional deposit may be required of th e applicant or permit holder. The District's request for an additional deposit shall be in writing and specify theSanta Barbara County APCD Rule 210 210 - 6 March 17, 2005 basis for such request. The applicant or permit holder shall pay the additional funds within thirty (30) days after the date of an invoice from the District.

4) If at any time the District determines that the amount on deposit is greater than that needed to cover the projected costs for the next ninety (90) day period, the

District shall return the amount of the deposit which exceeds the projected costs.

5) An applicant or permit holder shall maintain on deposit with the District, sufficient funds to cover projected District cost for a ninety (90) day period for work performed after permit issuance.

6) If, at any time during the evaluation of an application or permit, the application is withdrawn or a permit is terminated, or canceled, the amount remaining in the applicant's deposit account shall be ref unded, provided that all reimbursable costs for said application or permit have been deducted, including costs reasonably incurred after date of notification, by the District prior to refunding.

Notwithstanding the above, if the projected total cost for District review of an application or a permit is less than $1,500, the District may request the total projected amount as a nonrefundable, lump sum payment in lieu of an initial deposit.

D. Source Test and Sampling Fees

These fees shall be in addition to other fees charged pursuant to this section.

1. The District may order Source Testing

a. Pursuant to Rule 205.D., prior to the issuance or reissuance of any permit.

b. If the District has reasonable cause to belie ve that discharge of air contaminants into the atmosphere from any source violates any permit condition or any federal, state or local law, order, rule or regulation relating to air pollution.

If the source testing is conducted by the District or its agent, the permit holder or other billable entity responsible for complying w ith District Rules and Regulations shall pay a fee for the source testing based on the provisions of Section I.C. (Cost Reimbursement).

Alternatively, at the request and expense of the permit holder and with the approval of the District, testing may be performed by a private company. In this case, a fee to recover District costs for review of the source test plan, observation of the source test and evaluation of the source

test results shall be assessed as follows:

c. Unless otherwise provided in this Rule, if a source was assessed a fee for a District permit under the provisions of Section I.B. (Fee Schedule Basis) or if the source is not required to have a Dist rict permit, the fee shall be a ssessed in accordance with Schedule

C.

d. If a source was assessed a fee for a District permit under the provisions of Section I.C. (Cost Reimbursement Basis), the fee shall be assessed in accordance with Section I.C.Santa Barbara County APCD Rule 210 210 - 7 March 17, 2005 2. Sampling of Products and Materials

Pursuant to Health and Safety Code Section 41512, if the District determines that sampling and analysis of products or materials are required to determine compliance with District Rules and Regulations, the permit holder or other billable entity responsible for complying with District Rules and Regulations shall be assesse d a fee in accordance with Schedule D.

E. Other Fees

1. Transfer of Ownership

An application filed for purposes of transfe rring a permit from one permit holder to another shall pay a filing fee as specified in item 1 of Schedule F. A change in business name only shall not be

assessed a fee.

2. Change in Location

An application to change the location of a permitted item of equipment within the existing boundaries of the facility, which the District determines will have no potential impact on air quality, shall not be assessed a fee. An application to relocate a permitted item of equipment to a new site, outside the existing boundaries of the fac ility, shall be assessed the filing fee, plus the permit fee for a new ATC and/or PTO as prescribed in Section I.B. or I.C.

3. Change in Permitted Production Rate

An applicant requesting modification of a permit to decrease production rate or throughput limits shall be assessed a fee as specified in item 5 of Schedule F. If the District determines costs will

not be recovered from item 5 of Schedule F the C ontrol Officer shall have the option of placing the request under Cost Reimbursement basis as prescribed in Section I.C. If the District determines the modification has the potential to increase emissions or impacts, the applicant shall be assessed fees for the permit modification(s) as prescribed in Section I.B. or I.C..

4. Fee For Administrative Changes

Changes to permits which are deemed by the Control Officer to be administrative shall be assessed and a fee as specified in item 6 of Schedule F.

5. Cooling Towers with Hexavalent Chromium

a. Any person submitting a compliance plan pur suant to Rule 335, Section I.2. shall pay a fee as specified in item 7 of Schedule F.

b. Any person submitting a compliance plan pur suant to Rule 335, Section I.2. with the delayed compliance date for wooden cooling to wers (Section C.4) shall pay an additional plan filing fee as specified in item 8 of Schedule F.

c. The required filing fee shall be paid when the compliance plan is submitted.

6. Other Changes

An application to change any provision of an existing permit, other than those changes described in Section E.1. through E.4 above, shall be assesse d all fees for a modified ATC and/or PTO as prescribed in Section I.A., I.B. or I.C.Santa Barbara County APCD Rule 210 210 - 8 March 17, 2005 F. Air Quality Plans

The fees charged under this Section of Rule 210 ar e earmarked for the preparation of mandated air quality plans necessary for the attainment and maintenance of ambient air quality standards.

Preparation of Air Quality Plans are mandated by a State Implementation Plan (SIP) call, issued by the U.S. Environmental Protection Agency (EPA), or by the State pursuant to Health and Safety Code Section 40910 et. seq. Fees may be assessed to cover District costs incurred upon notification by the U.S. Environmental Protection Agency (EPA) of an upcoming SIP call as well as after formal notification by EPA. The Control Officer shall report to the Ex ecutive Board of the Distri ct on a triennial basis summarizing the work performed during the proceeding three years, the work planned and the continued adequacy and necessity of this fee.

Fees shall be charged annually to cover costs incu rred by the County for prepar ation of each Air Quality

Plan.

1. Applicability.

a. All holders of District permits for Authority to Construct or Permit to Operate whose stationary source, as defined in Rule 102, discharges pollutants within the District, shall pay an annual fee as follows:

1) Only the pollutants, including precursor pollutants, identified by the EPA in the SIP call or designated a non-attainment pollutant by the Air Resources Board (ARB) shall be included in determining the annual fee.

2) Stationary sources that discharge ten (10) tons or more per year of any one ofthe pollutants identified by the EPA in the SIP call or designated a nonattainment pollutant by the State Board shall be included in assessing the fee.

3) The stationary source subject to the fee shall be:

a) for a SIP call, all sources locat ed in the geographic region identified in the SIP call;

b) for state mandated plans, all sources located in the geographic region identified by the State Board; or

c) the Control Officer shall designate the planning area if a region is not identified as specified above.

b. The annual fee shall be calculated and asse ssed as specified in Sections I.F.2 and I.F.3.

2. Basis of Fee

a. Fees shall be assessed for stationary s ources based on emissions. The emissions shall be

determined as follows:

1) For a stationary source which recei ves a PTO on or after January 1, 1988, the fee shall be based on the maximum emissions permitted by the PTO except for sources described in Section I.F.2.a.2) below. For a stationary source whichSanta Barbara County APCD Rule 210 210 - 9 March 17, 2005 held an ATC, but not a PTO, on or after January 1, 1988, the fee shall be based on maximum annual emissions permitted by the ATC.

2) For a source which receives a PTO af ter January 1, 1988, to comply with Rule 202 exemptions from permit, as revi sed December 7, 1987 and January 11, 1988, the fee shall be based on emission quantities used for assessment of fees pursuant to Section I.H. based on actual annual emissions at the stationary

source.

3) For a stationary source which held a PTO on or prior to January l, 1988, the fee shall be based on emission quantities used for assessment of fees pursuant to

Section I.H.

c. The District may adopt, by regulation, a schedule of fees to be assessed on areawide or indirect sources which are regul ated, but for which permits are not issued by the District to recover the costs of District programs rela ted to these sources (Health & Safety Code Section 42311(g).

3. Fee Schedule and Assessment of Fee.

a. The schedule of fees to be charged for each ton of pollutants subject to this Rule is specified in Schedule B-1.

b. The annual fee assessed for each stationary source shall be calculated as the stationarysource emissions within the District multiplied by the unit fee prescribed in Schedule B1.

G. Air Toxics Program

All stationary sources with a District permit sha ll pay an annual fee based on annual emissions multiplied by the Air Toxics Program unit fee prescribed in Schedule B-2. The annual toxic emissions shall be determined pursuant to Section I.H. The fees asse ssed under this provision are independent of any permit fees that may be assessed for an ATC, PTO or reissuance of a PTO.

H. Annual Emission Fee

1. All stationary sources subject to District pe rmit shall pay an annual fee based on annual emissions multiplied by the unit fees prescribed in Schedule B-3. Actual emissions shall be based on data provided by the permit holder and verified by the District. Such Data shall be sufficient to

calculate the total emissions of each air contamin ant for all permitted equipment at a stationary source. Pursuant to Health and Safety Code Section 42303, all permit holders subject to this provision shall submit data which are determined necessary by the District to calculate actual emissions. The necessary data shall be submitte d within 30 calendar days after receipt of the request from the District.

2. For stationary sources eval uated under Regulation VIII, the a nnual fee due for each contaminant shall be reduced by the "increment fee" as speci fied in Regulation VIII pa id for that contaminant during the prior twelve months.

I. Programs Conducted by the State Air Resources Board

The fees assessed under this Section are collected by the District and transmitted to the ARB to enable the ARB to implement the Atmospheric Acidity Protecti on Program (AAPP) and the California Clean Air ActSanta Barbara County APCD Rule 210 210 - 10 March 17, 2005 (CCAA) mandated by Health and Safety Code Section 39900 et. seq. and Sections 90800-90803, Title 17, California Code of Regulations, respectively. The f ees are based on emissions and shall be assessed for certain stationary sources.

AAPP fees shall be assessed for stationary sources w ith a PTO that discharge 500 tons or more of either nitrogen oxides or sulfur oxides in any calendar year.

CCAA fees shall be assessed for stationary sources with PTO that discharge 500 tons or more, in any calendar year, of any nonattainment pollutant, or precursor.

Both the fees and the calendar year on which the fees are based shall be determined by the ARB, calculated by the following formula:

AAPP Fee amount = A x AAPP Unit Fee

CCAA Fee amount = B x CCAA Unit Fee

where:

A = total tons per year of nitrogen oxides and sulfur oxides, expressed as nitrogen dioxide and sulfur dioxide, respectively, from the stationary source during a calendar year. In calculating the fee amount, the actual emissions of either nitrogen oxides or sulfur oxides, if less than 500 tons per year, shall not be counted.

B = total tons per year of the nonattainment and precursor pollutants form the stationary source during a calendar year. The nitrogen oxide and su lfur oxide pollutants shall be expressed as nitrogen dioxide and sulfur dioxide, respectively. In calculating the fee amount, the actual emissions of any nonattainment pollutant or it's precursors if less than 500 tons per year, shall not

be counted.

AAPP and CCAA Unit Fee = fee expressed as dolla rs per ton specified fo r each fiscal year, as determined by the ARB for each of the two programs.

To cover District costs for the co llection of the AAPP and CCAA fees, an administrative fee as specified in items 9 and 10, respectively, of Schedule F shall be assessed for each stationary source and for each of the two ARB programs.

Payment of the AAPP and CCAA fees shall be made to the District within sixty (60) calendar days after

the invoice date.

II. FEES FOR SOURCES WHICH DO NOT REQUIRE DISTRICT PERMITS

Fees shall be charged to sources of emissions which do not require a District permit, if the District incurs cost to evaluate plans required by law or to determine whether a source is in compliance with federal, state or local air quality rules and regulations.

A. Fees for Asbestos Demolition and Renovation

A non-refundable fee shall be asse ssed for asbestos demolition and re novation operations subject to the notification provisions of District Regulation X, Rule 1001, National Emissi on Standards for Hazardous

Pollutants. The fee shall be asse ssed in accordance with Schedule E and shall be paid by the asbestos

demolition and renovation cont ractor at the time an asbestos de molition and renovation project notice is

filed with the District.Santa Barbara County APCD Rule 210 210 - 11 March 17, 2005 B. Fees for Determination of Permit Exemption

If a request is made for a written determination of whether equipment is exempt from the requirement for a District permit, a fee as specified in item 11 of Sc hedule F shall be assessed to the equipment owner or operator to determine the eligibility for exemption.

III. OTHER COST REIM BURSEMENT ACTIVITIES

A. Monitoring Fee

The owner/operator of a stationary source shall pay all District costs associated w ith installation, operation, maintenance of equipment, and the review, transmittal, storage, and evaluation of data for ambient and continuous emission monitoring activitie s required under District rules, regulations, permit conditions, or agreements. These costs shall be assessed and paid in accordance with Section I.C. (Cost Reimbursement Basis).

B. Other Inspection and Enforcement Fees

If inspection and enforcement activities are required by permit conditions or to investigate or correct a violation, and the District determines a permit holde r is responsible, a fee may be assessed and shall be paid by the violator as prescribed in Section I.C. (Cost Reimbursement Basis). Violations are defined as infractions of District rules or specific permit conditi ons. The District's activities may be triggered by the following conditions:

1. Notice of Violation which leads to a settlement in which the permit holder agrees to pay such cost or where the Notice of Violation results in a finding that the permit holder has committed the alleged violation.

2. Inspections and other ac tivities required by permit conditions, including any plans or procedures which require District action, such emergency procedures.

C. Plans, Agreements, and Studies

Fees shall be assessed for District activities, identif ied below, which may be performed for a stationary

source. The fee shall be assessed in accordance with the provisions of Section I.C. (Cost Reimbursement Basis) and shall be paid by the owner/operator of the st ationary source to the extent the District determines the need for the activity is caused by the stationary source. The activities include the following:

1. Review and preparation of plans including, but not limited to, Curtailment Plans, Episode Plans, Source Test Plans, Odor Monitoring Plans.

2. Review and preparation of special agreements, including offset agreements.

3. Review and preparation of special studies required by the District or requested by the applicant.

4. Review and preparation of environmenta l documents required under CEQA or NEPA in which the District is lead agency, responsible agency or trustee agency.Santa Barbara County APCD Rule 210 210 - 12 March 17, 2005 IV. HEARING BOARD FEE

A. Variance

1. Except as otherwise provided in this Rule, every applicant or petitioner for a variance from these rules, except an emergency varian ce, shall pay a filing fee as speci fied in item 12.a of Schedule F.

2. If a petition is filed for a variance from the requirements of a District permit that was assessed a fee under Cost Reimbursement Basis, the petitioner shall pay a fee as speci fied in accordance with Section I.C. Additionally, every petitioner shall pay a filing fee as set forth in item 12.b of

Schedule F.

3. Each additional ton of pollutant emissions or portion thereof allowed as the result of the issuance of any variance shall result in an emission fee, calculated on th e basis of each excess ton of

emissions and a fee shall be assessed as specified in item 12.e. of Schedule F.

B. Permit Appeal

Every applicant or petitioner in a pr oceeding before the Hearing Board to appeal the denial, suspension or conditional approval of a permit shall pay a filing fee as specified in item 12.c. of Schedule F. An additional fee as specified in item 12.d. of Schedule F. shall be paid for each two hours, or portion thereof, of hearing in addition to the first hearing day necessary to dispose of the appeal. In the event a petition is withdrawn prior to the hearing, one-half the filing fee may be refunded. No appeal shall be heard unless all permit processing fees have been paid including thos e cases where the fee itself is being appealed. A portion of the fees may be refunded to the extent determined by the Hearing Board. The Hearing Board shall order the appeal filing fee refunded where the H earing Board determines the appellant has prevailed on the appeal.

Notwithstanding any fees assessed for evaluating or r eevaluating a permit, if the Hearing Board directs the District and the petitioner to negotiate the resolution of the issues under appeal and the negotiations are not conducted during a Hearing Board hearing, the Hearing Board shall establish a specified hour limit for negotiation and the petitioner shall be assessed a fee on the basis of Cost Reimbursement to recover costs for District staff and County Counsel labor incurred during such negotiations.

C. Abatement Orders

Upon investigation and determination that a viola tion of Health and Safety Code Sections 41700 or 41701 or of any order, permit condition or any District rule or regulation prohibiting or limiting the discharge of air contaminants into the air is found to exist, the Air Pollution Control Officer shall notify the violator in writing of the District's intent to assess fees to recover all administrative costs, including County Counsel costs, associated with the preparation, issuance and implementa tion of abatement orders and of the violator's right to a hearing on objections thereto. When an abatement order is issued and every thirty (30) calendar days thereafter until the case is concluded, an invoice shall be issued summarizing the labor hours and associated costs actually incurred payable by the violator. The labor costs shall be based on hourly rates, approved by the County Auditor-Controller in effect at the time costs are incurred. If the violator objects to the invoiced amount, a request to the Hearing Board for a hearing shall be filed within ten (10) calendar days of the invoice date. Within thirty (30) calendar days of the filing of a request for hearing and on ten (10) calendar days written notice to the violator, the hearing shall be held on the objection in order to determine the validity thereof. In the event no re quest for hearing is filed or after the Hearing Board affirms the validity of the invoiced costs, the violator shall pay the District the amount stated within thirty calendar (30) days of the invoice date if no request for h earing is filed or within thirty calendar (30) days of the hearing date if a hearing is held. These fees do not preclude fines collect ed under mutual settlement policy.Santa Barbara County APCD Rule 210 210 - 13 March 17, 2005 V. GOVERNING PROVISIONS

A. Payment of Fees and Penalties

Unless otherwise provided in this Rule, this section is applicable to all fees mandated by this Rule and by the Health and Safety Code.

1. Payment of Fees

a. Payment of any filing fee shall be made at the time an application, petition or notice is

filed.

b. Payment of any fee other than a filing fee shall be made to the District within thirty (30) calendar days after the invoice date.

2. Penalty for Nonpayment of Fees Other Than Cost Reimbursement

If payment is not received within thirty (30) calendar days after the i nvoice date, the Air Pollution Control Officer shall promptly notify the person subject to the fee in writing that the payment is overdue and a penalty shall be imposed if payment is not received within si xty (60) calendar days of the invoice date. The penalty shall be ten ( 10) percent of the fee initially invoiced for each thirty (30) calendar day period, or portion thereof, that the payment is overdue and the Air Pollution Control Officer may initiate action to re voke the permit. For fees mandated by Health and Safety Code Sec tion 44300 et. seq., the penalty sha ll not exceed 100% of the fee.

3. Payment of Deposits and Fees Based on Co st Reimbursement and Requirements for Appeal

a. The applicant or permit holder shall make a deposit and pay any fee required pursuant to this Rule within thirty (30) days after the date of District invoice. If an applicant or permit holder fails to meet this requirement, the District may discontinue work on the project.

b. If an application for permit has been deemed complete and the initial deposit or other required fee is not paid within thirty (30) days after the date of District invoice, the Control Officer may deny the permit.

c. If the initial deposit or other required fee for reevaluation or implementation of an existing permit is not paid within thirty (30) days, after the date of District invoice, the permit may not be reissued and the existing permit may be suspended by the District or may be grounds for permit revocation pursuan t to Health and Safety Code Section

42307.

d. Where an application has been denied or an existing permit has been suspended pursuant to Sections V.A.3.b and V.A.3.c above, and that decision by the Air Pollution Control Officer has been appealed to the Hearing Board, the appeal shall not be heard until all

invoiced funds are submitted to th e District. Furthermore, th e appeal shall be dismissed by the Hearing Board if the appellant did not first exhaust the administrative remedies as

set forth in Sections I.C.b. and I.C.c.Santa Barbara County APCD Rule 210 210 - 14 March 17, 2005 4. Failure to Obtain Permit

An applicant seeking an ATC or PTO for equipment for which an Authority to Construct was required but not obtained, shall pay a fee double that prescribed for the ATC in Section I. If operation of equipment is conducted without a valid PTO, the fee prescribed in Section I. for the PTO plus annual permit renewal and emission fees that would have been assessed with a valid PTO, shall be doubled. The amount due may be reduced by the amount paid under a Notice of

Violation issued for th e unpermitted equipment.

5. Payment for Reapplication

If a permit has been suspended or voided due to nonpayment of fees and application is made to reinstate the permit, no permit shall be issued and no cost will be incurred by the District with regard to that permit until all prior fees and associated penalties have been paid. If, during the processing/evaluation of a permit application, an application is withdrawn or payment of fees by the applicant does not conform to the provisions of this Rule, the District shall terminate work on the application. No reapplication, or any new application by the same applicant shall be accepted by the District until all fees and penalties for the terminated application have been paid.

6. Nonpayment of Fees - General

The District may refuse to issue or to rei ssue any permit or accept any application for a permit from an applicant or permit holder responsible for payment of any delinquent fee until all delinquent fees and all associated penalties are paid in full.

B. Effective Date

All fees specified in this Rule shall become effective on the date of Rule adoption.

C. Annual Adjustment in Fees

Any fees prescribed in this Rule may be adjusted annually by the Air Pollution Control Officer based on the change in the California Consumer Price Index (C PI) for the preceding year, as determined pursuant to

Section 2212 of the Revenue and Taxation Code. All othe r revisions of this Rule require approval of the District's Board of Directors. As provided for in Health and Safety Code, 42311, as amended, sufficient fees shall be charged to enable th e District to recover estimated reas onable costs of all District programs related to permitted stationary sources.

D. Use of Fee Schedules

In the event more than one fee sc hedule is applicable to an item of equipment, article, machine or other contrivance, the higher fee schedule shall prevail. Where several items of equipment are permitted under a single PTO, the fee shall be assessed as th e sum of the fees for the individual items.Santa Barbara County APCD Rule 210 210 - 15 March 17, 2005 E. Consolidation of Existing Permits

Where more than one PTO has been issued for the equi pment at any one stationary source, and one or more of the permits is due for renewal, or an applicati on is filed for permit modification, the District may consolidate permits, including consolidation into a single permit for the entire plant or facility. At the time of consolidation, a single date will be set for permit renewal of all equipment included in the consolidated permit. In determining the fee for a consolidated permit, credit will be given for any PTO which has not yet expired on the issuance date of a consolidated permit. The fee for the consolidated permit will be reduced on a pro rata basis for the time remaining on the unexpired permit in determining the fee for the consolidated permit.

F. Rule Precedence and Applicability

Notwithstanding any rule to the contrary, this Rule shall apply to all permit holders or applicants regardless of the date of their application or permit issuance, and the rules in effect on that date. Pursuant to the Health and Safety Code, Sections 39047 and 42311(a), this section shall apply to all persons applying for a permit or holding a permit.

G. Refund of Filing Fee

Except as otherwise provided in this Rule, any requi red filing fee or portion thereof shall not be refunded or applied to any subsequent application or petition.

H. Reevaluation Date

The date on which a permit reevaluation is due is three years from the initial issuance of the PTO and every three years thereafter, notwithst anding any delay in reissuance of a PTO due to an appeal.Santa Barbara County APCD Rule 210 210 - 16 March 17, 2005 SCHEDULE A

Facility/Equipment Description / Fee Schedule

The fees prescribed in this section pertain to any article, machine, equipm ent or other contrivance (hereinafter, "equipment") which emits air contaminants, or causes such emissions, and which is not exempted under Rule 202.

1. Miscellaneous Equipment:

Miscellaneous equipment is any equipment not include d in a fee schedule listed below and which emits or may emit air contaminants or causes such emissions. Miscellaneous equipment shall be assessed a fee as

follows:

a. If equipment other than miscellaneous equipment at a stationary source is included in any fee schedule listed below, the miscellaneous equipm ent shall be assessed a fee of $40 per item of equipment.

b. If the miscellaneous equipment is the only equipment at a stationary source, the minimum fee

assessed under this schedule for all mi scellaneous equipment shall be $250.

2. Electric Motor Horsepower Fee Schedule:

Any equipment where an electric motor is used to drive the equipment, except for oilfield wellhead pumping units and items 10 and 11 of Schedule A, sha ll be assessed a fee based on the total rated motor horsepower of each motor included in any such equi pment, in accordance with the following formula:

Fee = $20.75 times (X), (rounded to nearest dollar) Where "X" is horsepower, and the Minimum fee = $40.34 Maximum fee = $4,015.00

3. Fuel Burning Equipment Fee Schedule:

Any equipment in which fuel is burned, with the ex ception of incinerators which are covered in Schedule 4, shall be assessed a fee based upon the maximum desi gn fuel consumption of the equipment expressed in British thermal units (Btu) per hour, using gross heating values of the fuel in accordance with the following

formula:

Fee = $300 times (X), (rounded to nearest dollar) Where "X" is the maximum fuel consumption in 1,000,000 Btu per hour and the Minimum fee = $40.34 Maximum fee = $4,015.00Santa Barbara County APCD Rule 210 210 - 17 March 17, 2005 4. Electrical Energy Fee Schedule:

Any equipment which uses electrical energy shall be assessed a fee based on the total kilovolt amperes (KVA) ratings, in accordance w ith the following formula:

Fee = $4.03 times (X), (rounded to the nearest dollar) Where "X" is the KVA rating in 10's, and the Minimum fee = $40.34 Maximum fee = $4,015.00

5. Incinerator Fee Schedule:

Any equipment used primarily to dispose of combustible refuse by wholly consuming the material charged, leaving only ashes or residue, shall be assessed a f ee based on the maximum cross sectional area of the combustion chamber(s), in accordan ce with the following formula:

Fee = $50 times (X), (rounded to nearest dollar)

Where "X" is the total horizontal inside cr oss-sectional area in square feet and the Minimum fee = $40.34 Maximum fee = $2,007.00

6. Stationary Container Fee Schedule:

Any stationary tank, reservoir, or other container, except gasoline storage tanks at motor vehicle fueling facilities, shall be assessed a fee based on volumetri c capacity, in accordance with the following formula:

Fee = $2.30 times (X), (rounded to nearest dollar) Where "X" is the capacity in 1000 gallons and the Minimum fee = $40.34 Maximum fee = $2,007.00

7. Dry Cleaning Equipment Fee Schedule:

Any equipment used in a dry cleaning operation usi ng organic solvents shall be assessed a fee of $40.00 for each item of equipment.

8. Motor Vehicle Gasoline Fueling Facilities Fee Schedule:

Motor vehicle gasoline fueling facilities equipped with Phase II vapor recovery dispensing nozzles shall be assessed a fee, which includes the fee for gasoline st orage tanks, in accordance w ith the following formula:

Fee = $23 times (X)

Where "X" is the number of nozzles and the Minimum fee = $160.00
Maximum fee; none

Motor vehicle gasoline fueling facilities without Ph ase II vapor recovery disp ensing nozzles shall be assessed a fee of $300.00 regardless of the number of dispensing nozzles.Santa Barbara County APCD Rule 210 210 - 18 March 17, 2005 9. Ethylene Oxide Sterilizer Fee Schedule:

Any ethylene oxide sterilizer and associated control equipment shall be assessed a fee based on the total amount of ethylene oxide used, in accordance with the following formula:

Amount of Ethylene Oxide Used per Year, in Pounds Fee

250 pounds per year or less $1600.00 Over 250 pounds per year $4000.00

10. Rock Crusher Fee Schedule:

Equipment used to crush rocks shall be assessed a fee of $40.00 for each device. This applies to jaw
crushers, cone crushers, and hammer mills.

11. Stacker Belt Fee Schedule:

A belt used to stack minerals to form a storage p ile shall be assessed a fee of $40 for each stacker belt.Santa Barbara County APCD Rule 210 210 - 19 March 17, 2005 SCHEDULE B-1 FEE FOR AIR QUALITY PLAN

EMISSION RANGE (tons per year) AIR QUALITY PLAN FEE

0 - 10 0

>10 - 25 $31 per ton

>25 - 100 $47 per ton

>100 $62 per ton

Emission Range shall be determined as the sum of Reac tive Organic Compounds and Oxides of Nitrogen (expressed as nitrogen dioxide) for the ozone attainment plan pursuant to the California Clean Air Act of 1988.Santa Barbara County APCD Rule 210 210 - 20 March 17, 2005 SCHEDULE B-2

FEE FOR AIR TOXICS PROGRAM

EMISSION RANGE (pounds/year) AIR TOXICS PROGRAM UNIT FEE

0 - 2,000 0

> 2,000 $0.25 per pound of air toxic emissionsSanta Barbara County APCD Rule 210 210 - 21 March 17, 2005 SCHEDULE B-3

ANNUAL EMISSION FEE [Effective 5/7/91]

Emission Range (tons per year) Emission Fee

0 - 10 $250 total

>10 - 25 $ 55 per ton

>25 - 100 $ 83 per ton

>100 $110 per ton

Emission Range shall be determined as the sum of Reac tive Organic Compounds, Oxides of Nitrogen (expressed as nitrogen dioxide), Gaseous Sulfur Compounds (expresse d as sulfur dioxide), and Particulate Matter.Santa Barbara County APCD Rule 210 210 - 22 March 17, 2005 SCHEDULE B - 3 [Effective July 1, 1991]

ANNUAL EMISSION FEE

Emission Range (tons per year) Emission Fee

0 - 10 $250 total

>10 - 25 $69 per ton

>25 - 100 $104 per ton

> 100 $138 per ton

Emission Range shall be determined as the sum of Reac tive Organic Compounds, Oxides of Nitrogen (expressed as nitrogen dioxide), Gaseous Sulfur Compounds (expresse d as sulfur dioxide), and Particulate Matter.Santa Barbara County APCD Rule 210 210 - 23 March 17, 2005 SCHEDULE C FEES FOR REVIEW, OBSERVATION AND EVAL UATION OF SOURCE TESTS FOR EQUIPMENT

EVALUATED UNDER SCHEDULE A *

SOURCE SOURCE TEST FEE **

Boiler or Heater $1,025

Piston Type Engine - one engine $1,025 - each additional engine $ 273

Thermal Oxidizer $1,025

Wet Scrubber (gaseous) $1,025

Wet Scrubber (particulates) $1,365

Baghouse $1,365

Gas Turbine $1,365

Heater Treater $1,365

Other $1,365

* This fee schedule shall not be used to determine fees for source testing of equipment which discharges non-criteria pollutants, including toxics and heavy meta ls. Such equipment will be assessed fees on the Cost Reimbursement Basis (Section I.C.)

** If source testing includes determining the efficiency of an emission control device, the fee shall be increased by 50 percent. If source testing is conducted offshore, the fee shall be increased by 25

percent.Santa Barbara County APCD Rule 210 210 - 24 March 17, 2005 SCHEDULE D

SAMPLE AND LABORATORY ANALYSIS FEES

SAMPLE TYPE COST PER SAMPLE *

Sulfur in Fuel Oil $123

Sulfur in Fuel Gas $198

Btu in Fuel Gas $198

Crude Oil TVP $313

Coatings - Volatile Content $238

Solvent Speciation $348

Asphalt Analysis $198

Asbestos Content $ 98

* Fees include costs incurred by the District for sample analysis by an independent laboratory.Santa Barbara County APCD Rule 210 210 - 25 March 17, 2005 SCHEDULE E

FEES FOR ASBESTOS DEMOLITION AND RENOVATION

At the time written notice is required to be submitted to the District, contractors fo r asbestos demolition/renovation operations subject to District Regulation X., Rule 1001, S ubpart M of Attachment I and federal regulation 40 CFR, Part 61, Subpart 61.145, shall pay the following fee:

Quantity of Asbestos Fee

Demolition only:

Less than 260 linear feet or 160 square feet $75

Demolitions and renovations:

Greater than 260 linear feet or 160 square feet but less than 500 linear or square feet $300

Greater than 500 but less than 1000 $425

1000 or greater but less than 2500 $570

2500 or greater but less than 5000 $705

5000 or greater but less than 10,000 $825

10,000 or greater $975Santa Barbara County APCD Rule 210 210 - 26 March 17, 2005 SCHEDULE F

Item #

1. Authority to Construct or Permit to Operate Application Filing Fee - $230.41 per application.

2. Minimum triennial Permit to Oper ate reevaluation fee (except for moto r vehicle fueling facilities) - $250.

3. Annual Permit to Operate reevaluation fee for motor vehicle fueling facilities e quipped with Phase II vapor recovery nozzles - $14 per nozzle.

4. Additional reinspection fee for Phase II motor vehicl e fueling facilities failing the first inspection - $14 per nozzle per additional inspection.

5. Fee for change in Production rate - $250 per permit.

6. Fee for Administrative Change - $250 per permit.

7. Fee for Cooling Towers with Hexavalent Chromium compliance plan - $310 per compliance plan

submitted.

8. Fee for Cooling Towers with Hexavalent Chromium with delayed compliance plan date - $100 per delayed compliance plan submitted.

9. Annual Atmospheric Acidity Protection Program (AA PP) Administrative Fee - $350 per stationary source.

10. Annual California Clean Air Act (CCAA) Administrative Fee - $350 per stationary source.

11. Fee for Written Determination of Pe rmit Exemption - $350 per determination.

12. Hearing Board:

a. Filing Fee (Fixed Fee Permit):

- Emergency Variance: $60 if the requested length of the variance is fifteen (15) days or less; $120 if the requested length of the variance is greater than fifteen (15) days.

- Interim Variance $ 140 - 90 - day Variance $ 750 - Regular Variance $ 750

Additional Fee for Regular Variances:

Regular Variances: If the requested lengt h of the variance is greater than three (3) month, the petitioner shall pay an additi onal fee of $275 for each month or portion thereof over three (3) months th at the variance is requested.Santa Barbara County APCD Rule 210 210 - 27 March 17, 2005 b. Filing Fee (Cost Reimbursement Permit):

- Emergency Variance $60 - Interim Variance $345 - 90-day Variance $345 - Regular Variance $345

c. Permit appeal filing fee - $400 per petition.

d. Permit appeal hearing time after first h earing day, for each two hours or portion thereof - $200.

e. Excess emissions fee shall be $160 per ton.