SUBJECT: Notice of Public Hearing for Amendments to Rule 304, Plan Fees

The Board of Directors of the Sacramento Metropolitan Air Quality Management District (AQMD) will conduct a public hearing on Thursday, May 26, 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. The proposed amendments affect builders, contractors, graders and others who perform work that disturbs areas containing naturally occurring asbestos (NOA) in eastern Sacramento County.

The state’s Asbestos Airborne Toxic Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations requires the AQMD to review and approve asbestos dust mitigation plans and geologic evaluations, and to inspect sites to ensure the plans and ATCM are being followed. At this time, the AQMD has no way of recovering costs associated with the program requirements. The proposed amendments to Rule 304 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 actual inspection and related activities require more than 18 hours per 100 acres, an additional fee of $116/hour may be assessed.
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 date of rule adoption.
4. If the project size increases from the acreage stated in the DMP, the increase in acreage is subject to the per-acre inspection fee.
5. The cost of additional sampling or analysis deemed necessary by the Air Pollution Control Officer (APCO) shall be charged to the applicant.
6. NOA fees may be adjusted annually to change with the Consumer Price Index (CPI).
7. In cases of financial hardship, a conference with the Air Pollution Control Officer may be requested to discuss a waiver of fee payment.
8. If an inspection fee was not paid at the time a dust mitigation plan was submitted, it will be due and payable upon inspection.

The proposed rule amendments (19 Kb), updated pursuant to the AQMD's actions on April 28, 2005, may be downloaded. These documents may also be viewed at the AQMD office at the address listed below.

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 May 26, 2005, or, by May 25, 2005, to the Sacramento Metropolitan Air Quality Management District, 777 12 th Street, 3 rd Floor, Sacramento, CA 95814, ATTENTION: Kevin J. Williams (916) 874-4851.