BOARD OF DIRECTORS
LAKE COUNTY AIR QUALITY MANAGEMENT DISTRICT
STATE OF CALIFORNIA
RESOLUTION AMENDING RESOLUTION NO. 2025-113 REPEALING SECTIONS 631, 12.450, 12.640, CHAPTER IV AND ARTICLE VI IN THEIR ENTIRETY, AND ADOPTING UPDATES TO SECTIONS 208.2, 226.5, 433.5, 1002, 1105, A NEW CHAPTER IV, AND ARTICLE VI SECTIONS 660-668 OF LAKE COUNTY AIR QUALITY MANAGEMENT DISTRICT RULES AND REGULATIONS
RESOLUTION NO. ____________
 	Whereas, California Health & Safety Code (“H&SC”) Sections 40702, 42311, 42311.5, 41512.5, 42364, 44380, and 40726 authorize the Lake County Air Quality Management District ("District") to adopt a fee schedule to recover the reasonable regulatory costs of the District's programs; and 
 	Whereas, historically the District has not achieved the goal of 100 percent cost recovery and has insufficient fee revenue to cover the costs of the District’s programs; and  
 	Whereas, CalFire processes, Federal regulations, Federal Environmental Protection Agency (EPA) requirements, California Ambient Air Quality Standards, and California Health and Safety Code requirements have all been amended to apply new District standards which must be incorporated into the District’s compliance programs; and  
 	Whereas, it is the intent of the District Board of Directors to provide financial stability for the District and reduce the insufficiency between fee revenues and the costs of the District regulatory programs through an increase in fees; and  
 	Whereas, the District held a noticed workshop regarding the updating of the fee schedule on June 10, 2025; and   
 	Whereas, in response to feedback from the public as well as the District Board of Directors, District staff prepared several implementation schedules for existing permitted sources.  These were discussed during noticed workshops on July 15, 2025 and July 22, 2025; and   
 	Whereas, the District Board of Directors, in accordance with the provisions of California H&SC Sections 40725 and 40726, held a noticed public hearing on September 9, 2025 to consider the Proposed Rule Amendments; and  
 	Whereas,  the  District  Staff  prepared  and  presented,  pursuant  to  the  requirements  of California Health & Safety Code Section 40727.2, a staff report through which it provides findings that the Proposed Rule Amendments would not be in conflict with any Federal, State, or other rules (“Staff Report”; See Exhibit A; and   
 	Whereas,  the  District contracts with the County of Lake Community  Development Department (CDD), whenever possible, to assist the District in meeting its obligations under the California Environmental Quality Act (CEQA) as the lead CEQA agency pursuant to Section 21067, 15050, and 15051 of the CEQA Guidelines (Title 14 of the California Code of Regulations); and   
	Whereas, the District Board has independently reviewed and considered the entire CEQA record, including the information in the Proposed Rule Amendments, public testimony, written comments received, and the Staff Report, which are incorporated herein by reference.  
Whereas, based on the findings provided in the Staff Report dated September 2, 2025, District staff recommended the following:  
1.   That the District Board of Directors repeal District Rule Sections 631, 12.450, 12.640,  
and Chapter IV, Article VI in their entirety; and  
2.   That the District Board of Directors adopt the Proposed Rule Sections 660-668; and  
3.   That the District Board of Directors adopt the Proposed Rule Amendments to Sections  
208.2, 226.5, 433.5, 1002, and 1105; and  
 	Whereas,  the  District  has  determined  that  a  need  exists  to  adopt  the  Proposed  Rule 
Amendments to address clarity, transparency, and ensure compliance with regulations; and  
 	Whereas, The District has determined that it has the authority to adopt and implement 
regulations to control nonvehicular air pollution, and to execute the powers and duties imposed upon the District through the Proposed Rule Amendments. (California H&SC Sections 40000, 40001, and 40702), and  
 	Whereas, the District has determined that the Proposed Rule Amendments are in harmony with and not in conflict with or contradictory to existing statutes, court decisions, and State and Federal regulations.  
 	Whereas, the District has determined that the Proposed Rule Amendments do not impose the same requirements as any existing State or Federal regulations, and are necessary and proper to execute the powers and duties granted to and imposed upon the District as the agency with authority to control air pollution emissions in the Lake County Air Basin.  
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:  
Resolution 2025-113 is hereby amended as follows:  
a.	The following provision is hereby added to Resolution No. 2025-113:
10. The Air Pollution Control Officer shall provide an annual update to the District Board of Directors during the District draft budget hearing the quantity of new operating permits issued, renewal permits issued, and dropped permits for the prior year.
b.	Section 66034 of Exhibit C to Resolution No. 2025-113 is hereby amended as follows:
Section  660.34:  Category	XXXIV  -  National  Emissions  Standard  for  Hazardous  Air Pollutants (NESHAP) - Asbestos Notification and Review Fee  
Fee paid is for each NESHAP Asbestos Notification and Review submitted, or for a sign-off request. All regulated demolitions and most renovation projects are subject to asbestos inspections and notification to the District.  Notifications must be renewed annually if work is not complete. Notification is required for each structure and/or each unit in a multi-family housing unit that will be demolished or renovated.  The Fee covers a structure up to 3,000 square feet; larger structures incur additional per square foot fees to cover the additional review and inspection time required. The Hourly Rate Fee is incurred when additional research is required or if the Notification is incomplete.  
NESHAP - Asbestos Notification and Review Fee 	
Demolition and/or Renovation Notification and Review Fee:  Covers a structure up to 3,000 square feet. Fee is per structure or per residential unit for multi-family structures  	Fee 	Hourly Rate 	
No asbestos present - Notification is required 	$ 750.00 	$ 125.00 	
Asbestos present - < 260 linear feet, 160 square feet, or 35 cubic feet, notification required  	$ 1,250.00 	$ 125.00 	
Asbestos present - ≥ 260 linear feet, 160 square feet, or 35 cubic feet, notification required.  	 
 $ 1,750.00 	$ 125.00 	
Additional Fee for structures > 3,000 square feet, per each additional 3,000 square feet when notification is required. 	$ 625.00 	$ 125.00

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	Except as specifically modified herein, all other provisions of Resolution No. 2025-113 shall remain in full force and effect.	
	THIS RESOLUTION WAS PASSED AND ADOPTED by the Board of Directors of the Lake County Air Quality Management District, State of California, at a regular meeting thereof on September 9, 2025, by the following vote:   
AYES:   
NOES:   
ABSENT OR NOT VOTING:    
ATTEST: SUSAN PARKER  
 	Clerk of the Board 
By: ______________________________ 

APPROVED AS TO FORM: 
Lloyd C. Guintivano  
County Counsel  
___________________________________ 

LAKE COUNTY AIR QUALITY MANAGEMENT DISTRICT   BOARD OF DIRECTORS  By___________________________ 
Chairman, Board of Directors