AMADOR COUNTY AIR POLLUTION CONTROL DISTRICT

RULE 610 - AB2588 - AIR TOXICS HOT SPOTS PROGRAM FEES
(Adopted: 6/10/98)

A. Purpose
Health and Safety Code Section 44380 requires air pollution control district's to adopt a fee schedule to recover the costs incurred by the State of California and the District associated with the Air Toxics Hot Spots Program.

B. Applicability

  1. Per Title 17, California Code of Regulations, Subchapter 3.6, this rule applies to the following facilities:

    1. Any facility that manufactures, formulates, uses, or releases any of the substances listed by the Air Resources Board pursuant to Health and Safety Code Section 44321 and contained in Appendix A of the Guidelines Report, or any other substance which reacts to form a substance so listed, and releases 10 tons per year or greater of any criteria pollutant, or

    2. Any facility that is listed in any current toxics use or toxics air emission survey, inventory, or report released or compiled by an air pollution control district and referenced in Title 17, California Code of Regulations, Subchapter 3.6, Appendix A, or

    3. Any facility that manufactures, formulates, uses or releases any listed substance or any other substance which reacts to form any listed substance, and which releases less than 10 tons per year of each criteria pollutant and falls in any class listed in Appendix E of the Guidelines Report, or

    4. Any facility that is reinstated under Health and Safety Code Section 44344.7.


C. Definitions

  1. Criteria pollutant for the purposes of the Program fees include total organic gases, particulate matter, or oxides of nitrogen or sulfur.

  2. Facility means every structure, appurtenance, installation, and improvement on land which is associated with a source of air releases or potential air releases of a hazardous material.

  3. Industry wide source class includes facilities that have the same Standard Industrial Classification code and are small businesses. The hazardous releases from the facilities in the group can easily and generically be characterized and calculated. Individual compliance with preparing inventories and risk assessments required of the Program would impose severe economic hardships on the facilities in the industry wide source class.


D. Requirements

  1. The State portion of the fee shall be proportionate to the extent of the releases identified in the toxics emission inventory and the level of priority assigned by the District pursuant to Section 44360 of the Health and Safety Code, and in accordance with Title 17, California Code of Regulations, Subchapter 3.6. The State fee schedule may be updated annually.

  2. The District portion of the fee shall be the following:

    1. Facilities with a prioritization score greater than 1.0 and less than or equal to 10.0, a cancer risk greater than or equal to 1.0 and less than 10.0, or a non-cancer risk of greater than or equal to 0.1 and less than or equal to 1.0 shall be assessed a fee of $125.00 per facility every fourth year to cover the costs of processing the quadrennial emissions update reports.

    2. Facilities that emit greater than 10 tons per year of any criteria pollutant and have a prioritization score greater than or equal to 10.0, a cancer risk greater than or equal to 10, a non-cancer risk greater than or equal to one, or is unprioritized shall be assessed a fee of $100 per facility per year.

    3. Industry wide sources shall be exempt from the District portion of the AB2588 program fees.

  3. Assessed fees shall be past due sixty (60) days after notice of the assessment by the District and subject to a penalty increase of 50% of the past due amount. The District shall notice the facility (second notice) of the increased fee. If the facility fails to pay the increased fee within sixty (60) days after the second notice, the District may initiate permit revocation proceedings.