FEATHER RIVER AIR QUALITY MANAGEMENT DISTRICT



RULE 7.9 AIR TOXICS HOT SPOTS FEES (AB 2588)

(Adopted 7/6/92; Amended 6-7-93; 5-2-94; 8-7-95; 8-5-96; 7-7-97; 8-3-98; 8-2-99)

The owner or operator of any stationary source subject to the provisions of the Health and Safety Code Section 44300 et.seq., shall pay the fee adopted by the District Board. The District shall notify and assess the operator of each facility of the fee due.

A. APPLICABILITY
This rule shall apply to any stationary source (facility) which commenced operation prior to January 1 of the year in which the fees are assessed pursuant to this rule, and which manufactures, formulates, uses, or releases any of the hazardous substances listed pursuant to the California Health and Safety Code (H&S Code), Section 44321, or any other substance which reacts to form a substance so listed and which:

A.1 Releases, or has the potential to release, 10 tons per year or greater of total organic gases, particulate matter, sulfur oxides or nitrogen oxides; or

A.2 Releases, or has the potential to release, less than 10 tons per year of total organic gases, particulate matter, sulfur oxides or nitrogen oxides, is included in any class listed in Appendix E, Section 93300 through 93354 of Title 17 of the California Code of Regulations (Criteria and Guidelines Regulation), and is required to submit an individual emission inventory plan and report; or

A.3 Releases, or has the potential to release, less than 10 tons per year of total organic gases, particulate matter, sulfur oxides or nitrogen oxides, is included in any class listed in Appendix E, Section 93300 through 93354 of Title 17 of the California Code of Regulations, and is included in an industrywide emission inventory prepared by the District pursuant to H&S Code Section 44323; or

A.4 The District determines that the facility may pose a potential threat to public health and that the facility therefore does not qualify for an exemption.

B. DEFINITIONS
For the purposes of this rule the following definitions shall apply:

B.1 Core facility: A facility meeting the criteria set forth in Sections A.1, A.2, or A.4.

B.2 Criteria Pollutant: Total organic gases (TOG), particulate matter (PM), oxides of nitrogen (NOx), or sulfur oxides (SOx).

B.3 Industrywide Facility (IWD): A facility meeting the criteria as set forth in Section A.3 and is either an auto body shop, as described by Standard Industrial Classification (SIC) Codes 5511-5521 or 7532; a gasoline station, SIC Code 5541; a dry cleaner, SIC Code 77216; a printing and publishing operation, SIC Codes 2711-2771 or 2782; or other facility that meets the conditions specified in Health & Safety Code, Section 44323.

B.4 Health Risk Assessment (HRA): A detailed comprehensive analysis prepared to evaluate and predict the dispersion of hazardous substances in the environment and the potential for exposure of human populations and to assess and quantify both the individual and population-wide health risks associated with those levels of exposure.

B.5 Prioritization Score (PS): A facility's numerical ranking indicating potential cancer or non-cancer public health effects, as determined by the District using the District's Prioritization Procedure for the Hot Spots program.

B.6 Prioritized Facility: A facility that is subject to the Hot Spots program, pursuant to Sections A.1 through A.4, and has been prioritized by the District using the District's Prioritization Procedure, or has had a health risk assessment performed per the California Air Pollution Control Officers Association (CAPCOA) or the Office of Environmental Health Hazard Assessment (OEHHA) Risk Assessment Guidelines (whichever is the accepted guideline at the time of the assessment.

B.7 Quadrennial Update: Every 4 years an updated plan and report is required of all facilities with an intermediate prioritization score or an intermediate health risk assessment. The update shall evaluate and report facility operating and toxics inventory changes, changes to receptor distances new potency factors, and new chemicals added to the toxic air contaminant list.

B.8 Release: Any activity that may cause the issuance of air contaminants, including actual or potential spilling, leaking, pumping, pouring, spraying, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing of a substance into the ambient air, and which results from the routine operation of a facility or is predictable, including, but not limited to, continuous and intermittent releases and predictable process upsets or leaks.

B.9 Reprioritized Facility: Low and intermediate prioritization or risk score facilities that require re-instatement to the program for updates to their emission inventory plan and report requiring a minimum of District resources.

B.10 Source Classification Code (SCC): A number code created by the U. S. Environmental Protection Agency used to identify processes associated with sources that contribute emissions to the atmosphere. The more processes (or SCCs) that a facility employs the more complex the toxics emission inventory, prioritization process, and health risk assessment. A facility with 1 to 2 SCCs is classified as simple, 3 to 5 SCCs as moderate, and 6 or more SCCs as complex.

B.11 Unprioritized Facility: A facility that is subject to the Hot Spots program, pursuant to Sections A.1 through A.4, and has not been prioritized by the District using the District's Prioritization procedure, or has not had a health risk assessment performed per the CAPCOA or OEHHA Risk Assessment Guidelines (whichever is the accepted guideline at the time of the assessment).

C. FEES FOR FISCAL YEAR 1998/99
The District shall charge and collect the following fees for performing the State mandated Air Toxics Hot Spots Information and Assessment Act of 1987. The costs include but are not limited to development and review of inventory plans and reports, review of risk assessments, review of source test data, review of plan updates, and associated costs for collecting the District and State portion of the mandated fees.

Facilities subject to this rule shall pay the following Hot Spots fee:


D. EXEMPTIONS
The following facilities are exempt from Hot spots fees:

D.1 An Agricultural commodity or livestock facility meeting the fee exemption requirements of H&S 44380.1.

D.2 A facility that is assigned a low prioritization score or health risk by the district and was not reprioritized during the 1998-99 fiscal year.

D.3 A facility that is assigned an intermediate prioritization score or health risk by the District and was not reprioritized or required to submit a quadrennial update report during the 1998-99 fiscal year.

D.4 A facility that does not meet the program applicability requirements as set forth in Sections A.1 through A.4.