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.

(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.

(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.

(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.

(301.5) NOTIFICATION FACILITY FEE: Any stationary source classified as a Notification Facility, shall be assessed an annual fee according to the following schedule.

(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.

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.