SACRAMENTO METROPOLITAN AIR QUALITY MANAGEMENT DISTRICT

RULE 306 - AIR TOXICS FEES
(Adopted 2-18-92; Amended 2-2-95, 1-9-97)

INDEX

100 GENERAL

101 PURPOSE

200 DEFINITIONS

201 AFFECTED YEAR

202 COMPLEX FACILITY

203 CRITERIA POLLUTANT

204 EMISSIONS INVENTORY

205 FEE CATEGORY 1

206 FEE CATEGORY 2

207 FEE CATEGORY 3

208 FEE CATEGORY 4

209 FEE CATEGORY 5

210 FEE CATEGORY 6

211 FEE CATEGORY 7

212 HEALTH RISK ASSESSMENT

213 INDUSTRY-WIDE FACILITY

214 INTERMEDIATE FACILITY

215 PLAN

216 PRIORITIZATION SCORE

217 REPORT

218 SIMPLE FACILITY

219 SOURCE CLASSIFICATION CODES (SCC)

220 STANDARD INDUSTRIAL CLASSIFICATION (SIC)

221 STATIONARY SOURCE

222 UNPRIORITIZED FACILITY

300 STANDARDS

301 FEE SCHEDULES

400 ADMINISTRATIVE REQUIREMENTS

401 NOTIFICATION OF FEE DUE

402 RECLASSIFICATION AND RECATEGORIZATION

500 MONITORING AND RECORDS (NOT INCLUDED)

100 GENERAL

101 PURPOSE: To establish fees to be charged stationary sources subject to the Air Toxics "Hot Spots" Information & Assessment Act, beginning with Section 44300 of Division 26, Part 6, of the California Health and Safety Code.

200 DEFINITIONS

201 AFFECTED YEAR: The time period between April 1 and March 31 immediately preceding the current fiscal year. For example: for fiscal year 1994-95, the affected year is the time period between April 1, 1993 and March 31, 1994.

202 COMPLEX FACILITY: A stationary source that has more than five different processes as determined by six-digit Source Classification Code.

203 CRITERIA POLLUTANT: Criteria Pollutant means total organic gases, particulate, oxides of nitrogen, or oxides of sulfur.

204 EMISSIONS INVENTORY: Emissions Inventory has the same meaning as the term used in Chapter 3 of Part 6 of Division 26 of the California Health and Safety Code.

205 FEE CATEGORY 1: Industry-wide facilities, which includes retail gas stations, dry cleaners,autobody shops, and print shops.

206 FEE CATEGORY 2: A facility included in the program whose emissions has not yet been prioritized or other wise evaluated.

207 FEE CATEGORY 3: A facility which has a priority score less than or equal to 10.

208 FEE CATEGORY 4: A facility which has a priority score greater than 10, a health risk assessment cancer risk greater than or equal to 1 in a million and less than 10 in a million or a hazard index (non-cancer) greater than or equal to 0.1 and less than or equal to 1.

209 FEE CATEGORY 5: A facility which has a priority score greater than 10 and , for one reason or another, does not have an approved health risk assessment.

210 FEE CATEGORY 6: A facility which has a health risk assessment cancer risk greater than or equal to 10 in a million and less than 50 in a million, or a hazard index greater than 1.

211 FEE CATEGORY 7: This category contains facilities which have a health risk assessment cancer risk greater than or equal to 50 in a million.

212 HEALTH RISK ASSESSMENT (HRA): A detailed comprehensive analysis prepared pursuant to Section 44360 of the California Health and Safety Code. A health risk assessment evaluates and predicts the dispersion of hazardous substances in the environment and the potential for exposure of human populations. A health risk assessment also assesses and quantifies both the individual and population-wide health risks associated with those levels of exposure.

213 INDUSTRY-WIDE FACILITY: A stationary source whose emissions inventory is being prepared by the District pursuant to Health and Safety Code Section 44323.

214 INTERMEDIATE FACILITY: A stationary source with three to five different processes as determined by six-digit Source Classification Code.

215 PLAN: The emissions inventory plan that meets the conditions specified in Section 44342 of the California Health and Safety Code.

216 PRIORITIZATION SCORE: A score, as determined using the District's Prioritization Guidelines, January, 1991, assigned to a stationary source based on amount of emissions as reported in the emission inventory and the toxicity and/or potency of the substances emitted.

217 REPORT: Report means the emissions inventory report specified in Section 44341 of the California Health and Safety Code.

218 SIMPLE FACILITY: A stationary source with one or two different processes as determined by six-digit Source Classification Code.

219 SOURCE CLASSIFICATION CODES (SCC): Number codes created by the United States Environmental Protection Agency. The codes are used to identify processes associated with point sources that contribute emissions to the atmosphere.

220 STANDARD INDUSTRIAL CLASSIFICATION (SIC): Number codes created by the Office of Management and Budget (OMB) to classify establishments by type of economic activity.

221 STATIONARY SOURCE: Any building, structure or emissions unit which emits or may emit any affected pollutant directly or as a fugitive emission.

221.1Building, structure or emissions unit includes all pollutant emitting activities which:

a. Belong to the same industrial grouping, and

b. Are located on one property or two or more contiguous properties, and

c. Are under the same or common ownership, operation, or control or which are owned or operated by entities which are under common control.

221.2Pollutant emitting activities shall be considered part of the same industrial grouping if:

a. They belong to the same two-digit standard industrial classification code, or

b. They are part of a common production process. (Common production process includes industrial processes, manufacturing processes and any connected processes involving a common material.)

222 UNPRIORITIZED FACILITY: A stationary source that does not have a prioritization score assigned by the District and does not have an approved risk assessment.

300 STANDARDS

301 FEE SCHEDULES: On an annual basis, each stationary source shall pay a fee based on its facility classification and categorization (i.e., Simple, Intermediate, Complex) as shown below:

301.1 FEE CATEGORY 1 : Any stationary source classified as an Industry-wide Facility shall be assessed an annual fee according to the following schedule.

301.2 FEE CATEGORY 2: Any stationary source classified as an Unprioritized Facility shall be assessed an annual fee according to the following schedule.

301.3FEE CATEGORY 3: Any stationary source classified as a Priority Score <=10 Facility shall be assessed an annual fee according to the following schedule.

301.4FEE CATEGORY 4: Any stationary source classified as a Priority Score >10, or HRA >= 1<10/million, or HI >= .1 <= 1 Facility shall be assessed an annual fee according to the following schedule.

301.5FEE CATEGORY 5: Any stationary source classified as a Priority Score >10, and no HRA Facility shall be assessed an annual fee according to the following schedule.

301.6FEE CATEGORY 6: Any stationary source classified as a Risk 10 to <50/million, or HI >1 Facility shall be assessed an annual fee according to the following schedule.

301.7FEE CATEGORY 7: Any stationary source classified as a Risk >=50/million Facility shall be assessed an annual fee according to the following schedule.

400 ADMINISTRATIVE REQUIREMENTS

401 NOTIFICATION OF FEE DUE: The owner or operator of the stationary source against which the fee is assessed will be notified by mail of the fee due and payable and the date the fee is due. If the fee is not paid within 60 days after receipt of the notice, the fee shall be increased by one half the amount and the owner or operator shall be notified by mail of the increased fee. The increased fee shall be paid within 120 days after receipt of the second notice.

402 RECLASSIFICATION AND RECATEGORIZATION: On an annual basis, each stationary source shall be reclassified based on its program requirements during the affected year and recategorized based on the latest inventory of criteria pollutants.