Item Text

64. SET PUBLIC HEARING FOR RULE 280 (FEES) Pursuant to A.R.S. §49-749(b), set a public hearing for May 25, 2011 to solicit comments and consider the adoption of proposed amendments to Maricopa County Air Pollution Control Regulations Rule 280 (Fees). Following the public hearing, the Board is requested to adopt the proposed amendments to Maricopa County Air Pollution Control Regulations Rule 280 (Fees). Upon Board approval, this item will become effective May 25, 2011. The Maricopa County Air Quality Department (department) is proposing to amend Rule 280 (Fees) to change the fees the department charges to owners and operators of sources of air pollution. The fees being amended include fees for billable permit actions, annual administrative and emission based fees for Title V sources, annual administrative fees for non-Title V sources, application and annual administrative fees for general permits, subcontractor registration fees and training fees. The goal of this rulemaking is to provide sufficient revenue to cover the costs of the air quality program, maintaining compliance with federal and state law. The current fee structure does not generate sufficient revenue to cover the operating expenses for department permit and plan approval activities. The department’s fee fund revenue in fiscal year 2011 is projected to be $8.8 million while the corresponding expenditures are projected to be $11.1 million. For fiscal year 2011, the department will be relying on its existing air quality fund balance and general fund revenues (a temporary allocation) to subsidize the program. Without corrections to the fee structure, the department will not be able to operate on a structurally balanced budget as is required by County policy and will deplete all reserves. The proposed fee changes would become effective on July 1, 2011 and are expected to result in annual fee revenue for fiscal year 2012 of approximately $10.9 million corresponding to the department’s annual expenditures. The fee revenue with proposed fees includes approximately $1.5 million from the Title V program, $3.5 million from the dust control compliance program, $731,000 from the asbestos/NESHAP compliance program, and $5.1 million from the balance of the non-Title V programs. The remaining $5.8 million of the department’s $16.7 million in total expenditures are considered to be non-recoverable by fees and are expected to be funded by other sources such as grants or county general funds. The department anticipates that this proposed rulemaking would directly impact approximately 4,000 sources that are permitted by the department, 3,600 individuals and entities involved in performing ancillary services on a dust control permitted site (subcontractor registration fee), and 1,600 individuals required to attend a basic or comprehensive dust control training class (dust control training class fees). Entities impacted include Title V facilities, non-Title V facilities and general permit sources; individuals and entities involved in performing ancillary services on a dust control permitted site (subcontractor registration fee); individuals and entities required to complete dust control training; and trainers required to be certified by Maricopa County to conduct dust control training classes. (C-85-11-020-7-00)

Vote: continued

Item Text

11. PUBLIC HEARING FOR RULE 280 (FEES) The Maricopa County Air Quality Department (department) is proposing to amend Rule 280 (Fees) to change the fees the department charges to owners and operators of sources of air pollution. The fees being amended include fees for billable permit actions, annual administrative and emission based fees for Title V sources, annual administrative fees for non-Title V sources, application and annual administrative fees for general permits, subcontractor registration fees and training fees. The goal of this rulemaking is to provide sufficient revenue to cover the costs of the air quality program, maintaining compliance with federal and state law. The current fee structure does not generate sufficient revenue to cover the operating expenses for department permit and plan approval activities. The department’s fee fund revenue in fiscal year 2011 is projected to be $8.8 million while the corresponding expenditures are projected to be $11.1 million. For fiscal year 2011, the department will be relying on its existing air quality fund balance and general fund revenues (a temporary allocation) to subsidize the program. Without corrections to the fee structure, the department will not be able to operate on a structurally balanced budget as is required by County policy and will deplete all reserves. The proposed fee changes would become effective on July 1, 2011 and are expected to result in annual fee revenue for fiscal year 2012 of approximately $10.9 million corresponding to the department’s annual expenditures. The fee revenue with proposed fees includes approximately $1.5 million from the Title V program, $3.5 million from the dust control compliance program, $731,000 from the asbestos/NESHAP compliance program, and $5.1 million from the balance of the non-Title V programs. The remaining $5.8 million of the department’s $16.7 million in total expenditures are considered to be non-recoverable by fees and are expected to be funded by other sources such as grants or county general funds. The department anticipates that this proposed rulemaking would directly impact approximately 4,000 sources that are permitted by the department, 3,600 individuals and entities involved in performing ancillary services on a dust control permitted site (subcontractor registration fee), and 1,600 individuals required to attend a basic or comprehensive dust control training class (dust control training class fees). Entities impacted include Title V facilities, non-Title V facilities and general permit sources; individuals and entities involved in performing ancillary services on a dust control permitted site (subcontractor registration fee); individuals and entities required to complete dust control training; and trainers required to be certified by Maricopa County to conduct dust control training classes. Department requested item to be continued . (C-85-11-020-7-00)

Vote: continued

Item Text

8. PUBLIC HEARING FOR RULE 280 (FEES) The Maricopa County Air Quality Department (department) is proposing to amend Rule 280 (Fees) to change the fees the department charges to owners and operators of sources of air pollution. The fees being amended include fees for billable permit actions, annual administrative and emission based fees for Title V sources, annual administrative fees for non-Title V sources, application and annual administrative fees for general permits, subcontractor registration fees and training fees. The goal of this rulemaking is to provide sufficient revenue to cover the costs of the air quality program, maintaining compliance with federal and state law. The current fee structure does not generate sufficient revenue to cover the operating expenses for department permit and plan approval activities. The department’s fee fund revenue in fiscal year 2011 is projected to be $8.8 million while the corresponding expenditures are projected to be $11.1 million. For fiscal year 2011, the department will be relying on its existing air quality fund balance and general fund revenues (a temporary allocation) to subsidize the program. Without corrections to the fee structure, the department will not be able to operate on a structurally balanced budget as is required by County policy and will deplete all reserves. The proposed fee changes would become effective on July 1, 2011 and are expected to result in annual fee revenue for fiscal year 2012 of approximately $10.9 million corresponding to the department’s annual expenditures. The fee revenue with proposed fees includes approximately $1.5 million from the Title V program, $3.5 million from the dust control compliance program, $731,000 from the asbestos/NESHAP compliance program, and $5.1 million from the balance of the non-Title V programs. The remaining $5.8 million of the department’s $16.7 million in total expenditures are considered to be non-recoverable by fees and are expected to be funded by other sources such as grants or county general funds. The department anticipates that this proposed rulemaking would directly impact approximately 4,000 sources that are permitted by the department, 3,600 individuals and entities involved in performing ancillary services on a dust control permitted site (subcontractor registration fee), and 1,600 individuals required to attend a basic or comprehensive dust control training class (dust control training class fees). Entities impacted include Title V facilities, non-Title V facilities and general permit sources; individuals and entities involved in performing ancillary services on a dust control permitted site (subcontractor registration fee); individuals and entities required to complete dust control training; and trainers required to be certified by Maricopa County to conduct dust control training classes. This item was continued from the June 22, 2011 Meeting . (C-85-11-020-7-00)

Vote: continued

Item Text

8. PUBLIC HEARING FOR RULE 280 (FEES) The Maricopa County Air Quality Department (department) is proposing to amend Rule 280 (Fees) to change the fees the department charges to owners and operators of sources of air pollution. The fees being amended include fees for billable permit actions, annual administrative and emission based fees for Title V sources, annual administrative fees for non-Title V sources, application and annual administrative fees for general permits, subcontractor registration fees and training fees. The goal of this rulemaking is to provide sufficient revenue to cover the costs of the air quality program, maintaining compliance with federal and state law. The current fee structure does not generate sufficient revenue to cover the operating expenses for department permit and plan approval activities. The department’s fee fund revenue in fiscal year 2011 is projected to be $8.8 million while the corresponding expenditures are projected to be $11.1 million. For fiscal year 2011, the department will be relying on its existing air quality fund balance and general fund revenues (a temporary allocation) to subsidize the program. Without corrections to the fee structure, the department will not be able to operate on a structurally balanced budget as is required by County policy and will deplete all reserves. The proposed fee changes would become effective on July 1, 2011 and are expected to result in annual fee revenue for fiscal year 2012 of approximately $10.9 million corresponding to the department’s annual expenditures. The fee revenue with proposed fees includes approximately $1.5 million from the Title V program, $3.5 million from the dust control compliance program, $731,000 from the asbestos/NESHAP compliance program, and $5.1 million from the balance of the non-Title V programs. The remaining $5.8 million of the department’s $16.7 million in total expenditures are considered to be non-recoverable by fees and are expected to be funded by other sources such as grants or county general funds. The department anticipates that this proposed rulemaking would directly impact approximately 4,000 sources that are permitted by the department, 3,600 individuals and entities involved in performing ancillary services on a dust control permitted site (subcontractor registration fee), and 1,600 individuals required to attend a basic or comprehensive dust control training class (dust control training class fees). Entities impacted include Title V facilities, non-Title V facilities and general permit sources; individuals and entities involved in performing ancillary services on a dust control permitted site (subcontractor registration fee); individuals and entities required to complete dust control training; and trainers required to be certified by Maricopa County to conduct dust control training classes. This item was continued from the June 22, 2011 and July 6, 2011 meeting . (C-85-11-020-7-00)