SUBJECT: Notice of Public Hearing to Consider Amendments to Rule 304, Plan Fees.
Establishing a Fee Schedule for the Naturally Occurring Asbestos (NOA) Program

The Board of Directors of the Sacramento Metropolitan Air Quality Management District (AQMD) will conduct a public hearing on Thursday, April 28, 2005 at 9:30 a.m. in Room 1450 (Board of Supervisors Chambers), County Administration Building, 700 H Street, Sacramento, California. The purpose of the hearing is to consider the adoption of amendments to AQMD Rule 304—Plan Fees. This rule affects builders, contractors, graders and others who perform work that disturbs the ground in NOA areas in eastern Sacramento County.

The state’s Asbestos Airborne Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations requires the AQMD to review and approve asbestos dust mitigation plans, geologic evaluations, and to inspect sites to ensure the plans and ATCM are being followed. At this time, the District has no way of recovering costs associated with the program requirements. Staff is proposing to amend the plan fee rule to establish a fee schedule for the NOA program.

The proposed fee schedule is as follows:

1. Dust Mitigation Plan (DMP) review and project inspection: $350 review fee plus $20 per acre inspection fee. If inspection and related activities require more than 18 hours per 100 acres, a rate of $116/hour applies.
2. Geologic evaluation review: $450.
3. Inspection rate of $116/hour applies when an inspection is conducted on a project not submitting a DMP, including those that have submitted a geologic evaluation or are smaller than one (1.0) acre. For projects of one acre or less, this fee will take effect one year from the rule adoption date.
4. The cost of additional sampling or analysis deemed necessary by the Air Pollution Control Officer (APCO) shall be charged to the applicant.
5. NOA fees may be adjusted annually to change with the Consumer Price Index (CPI).
6. In cases of financial hardship, a conference with the Air Pollution Control Officer may be requested to discuss a waiver of fee payment.
7. Plans submitted before rule adoption but not yet approved are subject to the fees.

At the March 24 Board Hearing, Staff was directed to prepare two versions of the rule for the Board to consider for adoption on April 28. The one difference is as follows:

VERSION A includes items 1 through 7 above. VERSION B excludes item #7 above. VERSION C is for consideration at the May 26, 2005 Board meeting. The following documents are available for download:

Board Letter (PDF 35 Kb)  Staff Report (PDF 38 Kb)
Workshop Comments (PDF 8 Kb)  Dust Mitigation Plans and Geologic Evaluations Received (PDF 9 Kb)
Rule Version A (PDF 24 Kb)  Rule Version B (PDF 24 Kb)  Rule Version C (PDF 24 Kb)

By this notice, all interested parties are specifically requested to testify on the proposed amendments to the rule. Oral and written testimony may be directed to the Board of Directors at the public hearing on April 28, 2005, or to the Sacramento Metropolitan Air Quality Management District, 777 12 th Street, 3 rd Floor, Sacramento, CA 95814, ATTENTION: Jamie Wilson (916) 874-4838.