YOLO-SOLANO AIR QUALITY MANAGEMENT DISTRICT

RULE 4.9 - AIR TOXICS "HOT SPOTS" FEES
(Revised April 8, 1998)

INDEX

100 GENERAL

101 PURPOSE

200 DEFINITIONS

201 AIR RELEASE

202 COMPLEX

203 CRITERIA POLLUTANT

204 DEPARTMENT

205 DISTRICT UPDATE FACILITY

206 FACILITY

207 HEALTH RISK ASSESSMENT

208 GUIDELINES REPORT

209 INDUSTRYWIDE

210 MEDIUM

211 OPERATOR

212 PERSON

213 PRIORITY SCORE

214 SIMPLE

215 SOURCE CLASSIFICATION CODE

216 TITLE 17

217 TOTAL ORGANIC GASES

218 TRACKING FACILITY

219 UNPRIORITIZED

300 APPLICABILITY

400 ADMINISTRATIVE REQUIREMENTS




100 GENERAL

101 Purpose: This Rule provides for the establishment of fees to pay for the costs of implementing and administering the Air Toxics "Hot Spots" Information and Assessment Act of 1987 (AB 2588). This Rule allows the District to collect from the operators of facilities meeting the criteria set forth in Sections 301.1 and 301.2 of this Rule, fees for the following:

101.1 Recovery of anticipated costs to be incurred by the California Air Resources Board and the Department to implement and administer the Act as set forth by State Regulation required by Health and Safety Code Section 44380; and

101.2 Recovery of anticipated costs to be incurred by the District to implement and administer the Act, including but not limited to the cost incurred to: Review emissions inventory plans, inventory data,and risk assessments, verify plans and data, and administer the Air Toxics "Hot Spots" Program.

200 DEFINITIONS

201 Air Release: has the same meaning as defined in Section 44303 of the Health & Safety Code.

202 Complex: a facility that has five or more Source Classification Code processes.

203 Criteria Pollutant: means, for purposes of this Rule, total organic gases, particulate matter, nitrogen oxides, and sulfur oxides.

204 Department: means the State Department of Health Services.

205 District Update Facility: A facility with a priority score greater than 1 but less than or equal to 10. These facilities are exempt from State fees.

206 Facility: has the same meaning as defined by Section 44304 of the Health and Safety Code.

207 Guidelines Report: the Emission Inventory Criteria and Guidelines Report published in accordance with the Air Toxics "Hot Spots" Information and Assessment Act of 1987.

208 Health Risk Assessment (HRA): the use of the factual base to define the health effects of exposure of individuals or populations to hazardous materials and situations.

209 Industrywide: facilities not required to prepare reports; the districts must prepare inventories for these sources. The districts determine whether industrywide inventories are appropriate for facility classes by reviewing the criteria specified in Health and Safety Code 44323.

210 Medium: a facility that has more than three and less than five Source Classification Code processes.

211 Operator: has the same meaning as defined in Section 44307 of the Health and Safety Code.

212 Person: has the same meaning as defined in Section 39047 of the Health and Safety Code.

213 Priority Score: a numerical value used to rank a facility's potential risk using the CAPCOA Air Toxics "Hot Spots" Program Facility Prioritization Guidelines (July 1990).

214 Simple: a facility that has three or less Source Classification Codes processes.

215 Source Classification Code (SCC): an 8-digit code used to categorize individual processes or unit operations which generate air emissions.

216 Title 17: California Code of Regulations, Sections 90700 through 90705 for the applicable fiscal year (Air Toxics "Hot Spots" Fee Regulation) .

217 Tracking Facility: a facility with a priority score greater than 10, a Health Risk Assessment greater than or equal to 1 but less than 10, or Hazard Index greater than or equal to 0.1 but less than or equal to 1.0.

218 Unprioritized: An effected facility for which a Priority Score has not been determined.

300 APPLICABILITY

301 Except for facilities exempted by Health and Safety Code Section 44324, or 44380.1 this Rule applies to any facility which:

301.1 Manufactures, formulates, uses, or releases any of the substances listed by the State Board pursuant to Section 44321 of the Health and Safety Code and contained in Appendix A of Sections 90700-90705, Title 17, California Code of Regulations, known as the Air Toxics "Hot Spots" Fee Regulation 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

301.2 Manufactures, formulates, uses, or releases any listed substance or any 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

301.3 Is listed in any current toxics use or toxics air emission survey, inventory, or report released or complied by an air pollution control district and referenced in Appendix E of the Guidelines Report; or

301.4 Is reinstated under Health and Safety Code Section 44344.7.

302 The following fee schedule shall apply to effected sources (includes District costs only):

CATEGORY

DISTRICT FEE

STATE FEE

Industrywide

$125

Title 17

Unprioritized, Simple

$284

Title 17

Unprioritized, Medium

$255

Title 17

Priority Score > 10, HRA > 1 < 10, Medium

$200

Title 17

Priority Score >10, HRA >1 < 10, Complex

$200

Title 17

Priority Score > 10, Simple, No HRA

$255

Title 17

Priority Score > 10, Complex, No HRA

$255

Title 17

District Update Facility (Priority Score > 1 < 10, (District fee only)

$125

$0

400 ADMINISTRATIVE REQUIREMENTS

401 The District shall notify and assess the operator of each facility subject to this Rule in writing of the fee due. The operator shall remit the fee to the District within 60 days after receipt of the fee assessment notice or the fee will be considered past due. If an operator fails to pay the fee within 60 days of this notice, the District shall assess a penalty of not more than 100 percent of the assessed fee, but in an amount sufficient, in the District's determination, to pay the District's additional expenses incurred by the operator's non-compliance. If an operator fails to pay the fee within 120 days after the receipt of this notice, the District may initiate permit revocation proceedings. If any permit is revoked it shall be reinstated upon full payment of the overdue fee plus any late penalty and a reinstatement fee to cover the administrative costs of reinstating the permit.