RULE 306--AIR TOXICS FEES
Adopted 2-18-92
(Amended 2-2-95)
INDEX
100 GENERAL
101 PURPOSE
200 DEFINITIONS
201 AFFECTED YEAR
202 AUDIT AND PLAN FACILITY
203 COMPLEX FACILITY
204 CRITERIA POLLUTANT
205 EMISSIONS INVENTORY
206 HEALTH RISK ASSESSMENT
207 INDUSTRY-WIDE FACILITY
208 INTERMEDIATE FACILITY
209 NOTIFICATION FACILITIES
210 PLAN
211 PLAN AND REPORT FACILITY
212 REPORT
213 RISK ASSESSMENT (DISTRICT) FACILITY
214 RISK ASSESSMENT (STATE) FACILITY
215 SIMPLE FACILITY
216 SMALL FACILITY
217 SOURCE CLASSIFICATION CODES (SCC)
218 STANDARD INDUSTRIAL CLASSIFICATION (SIC)
219 STATIONARY SOURCE
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 - AUDIT AND PLAN FACILITY: A stationary source that is required
by the District, during the affected year, to prepare a Risk Reduction
Audit and Plan in accordance with Sections 44390 through 44394 of the Health
and Safety Code.
203 - COMPLEX FACILITY: A stationary source that has more than five different
processes as determined by six-digit Source Classification Code.
204 - CRITERIA POLLUTANT: Criteria Pollutant means total organic gases,
particulate, oxides of nitrogen, or oxides of sulfur.
205 - 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.
206 - HEALTH RISK ASSESSMENT: 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.
207 - INDUSTRY-WIDE FACILITY: A stationary source whose emissions inventory
is being prepared by the District pursuant to Health and Safety Code Section
44323.
208 - INTERMEDIATE FACILITY: A stationary source with three to five different
processes as determined by six-digit Source Classification Code.
209 - NOTIFICATION FACILITY: A stationary source that is required by the
District, during the affected year, to notify the public of the potential
health risk associated with the air toxics emissions from that stationary
source pursuant to Health and Safety Code Section 44362(b).
210 - PLAN: The emissions inventory plan that meets the conditions specified
in Section 44342 of the California Health and Safety Code.
211 - PLAN AND REPORT FACILITY: A stationary source that does not qualify
as a risk assessment (state) facility, notification facility or audit and
plan facility. A plan and report facility is required by the District to
prepare an individual plan and/or report in accordance with Sections 44340,
44341, and 44344 of the Health and Safety Code. This includes facilities
completing an updated plan, updated report, a summary form or those in
a quadrennial update category. The District may require a risk assessment
for anytime prior to the end of the affected year, including prior years.
212 - REPORT: Report means the emissions inventory report specified in
Section 44341 of the California Health and Safety Code.
213 - RISK ASSESSMENT (DISTRICT) FACILITY: A stationary source that is
required by the District to prepare a health risk assessment in accordance
with Section 44360(b) of the Health and Safety Code. The source's risk
assessment has not yet been approved by the District or sent to the Office
of Environmental Health Hazard Assessment for review during the affected
year. The District may require a risk assessment anytime prior to the end
of the affected year (including prior years),
214 - RISK ASSESSMENT (STATE) FACILITY: A stationary source that does not
qualify as a notification facility or audit and plan facility. The source's
risk assessment has been received by the Office of Environmental Health
Hazard Assessment for review during the affected year.
215 - SIMPLE FACILITY: A stationary source with one or two different
processes as determined by six-digit Source Classification Code.
216 - SMALL FACILITY: A gasoline dispensing facility, dry cleaner, autobody
shop, or print shop whose annual emissions of each criteria pollutant do
not exceed 10 tons. A small facility is also any other facility type specifically
identified by the Air Pollution Control Officer.
217 - 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.
218 - STANDARD INDUSTRIAL CLASSIFICATION (SIC): Number codes created by
the Office of Management and Budget (OMB) to classify establishments by
type of economic activity.
219 - STATIONARY SOURCE: Any building, structure or emissions unit which
emits or may emit any affected pollutant directly or as a fugitive emission.
(219.1) Building, 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.
(219.2) Pollutant 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.)
300 STANDARDS
301 - FEE SCHEDULES: On an annual basis, each stationary source shall pay
a fee based on its facility classification (i.e., Industry-Wide, Plan and
Report, Risk Assessment (District), Risk Assessment (State), Notification,
or Audit and Plan) and categorization (i.e., Small, Simple, Intermediate,
Complex) as shown below:
(301.1) INDUSTRY-WIDE FACILITY FEE: Any stationary source classified
as an Industry-Wide Facility, shall be assessed an annual fee according
to the following schedule.
Category | State Portion | District Portion | Total Fees |
Small Facility | $15 | $ 60 | $ 75 |
Simple Facility | $15 | $ 410 | $ 425 |
Intermediate Facility | $15 | $ 735 | $ 750 |
Complex Facility | $15 | $1,450 | $1,465 |
(301.2) PLAN AND REPORT FACILITY FEE: Any stationary source classified
as a Plan and Report Facility, shall be assessed an annual fee according
to the following schedule.
Category | State Portion | District Portion | Total Fees |
Simple Facility | $ 490 | $ 108 | $ 598 |
Intermediate Facility | $ 735 | $ 323 | $1,058 |
Complex Facility | $ 980 | $1,078 | $2,058 |
(301.3) RISK ASSESSMENT (DISTRICT) FACILITY FEE: Any stationary source
classified as a Risk Assessment (District) Facility, shall be assessed
an annual fee according to the following schedule.
Category | State Portion | District Portion | Total Fees |
Simple Facility | $490 | $ 529 | 1,019.00 |
Intermediate Facility | $735 | $ 720 | 1,455.00 |
Complex Facility | $980 | $1,616 | 2,596.00 |
(301.4) RISK ASSESSMENT (STATE) FACILITY FEE: Any stationary source
classified as a Risk Assessment (State) Facility, shall be assessed an
annual fee according to the following schedule.
Category | State Portion | District Portion | Total Fees |
Simple Facility | $ 751 | $ 108 | 859.00 |
Intermediate Facility | $3,344 | $ 323 | 3,667.00 |
Complex Facility | $7,502 | $1,078 | 8,580.00 |
(301.5) NOTIFICATION FACILITY FEE: Any stationary source classified
as a Notification Facility, shall be assessed an annual fee according to
the following schedule.
Category | State Portion | District Portion | Total Fees |
Simple Facility | $ 0 | $ 529 | 529.00 |
Intermediate Facility | $8,023 | $ 720 | 8,743.00 |
Complex Facility | $8,806 | $1,616 | 10,422.00 |
(301.6) AUDIT AND PLAN FACILITY FEE: Any stationary source classified
as an Audit and Plan Facility, shall be assessed an annual fee according
to the following schedule.
Category | State Portion | District Portion | Total Fees |
Simple Facility | $ 0 | $ 529 | 529.00 |
Intermediate Facility | $8,023 | $ 720 | 8,743.00 |
Complex Facility | $8,806 | $1,616 | 10,422.00 |
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.