SCAQMD RULE 307.1 ALTERNATIVE FEES FOR AIR TOXICS EMISSIONS INVENTORY
LAST REVISED 05/10/96

(Adopted May 10, 1996)

RULE 307.1. - ALTERNATIVE FEES FOR AIR TOXICS EMISSIONS INVENTORY

(a) Purpose
California Health and Safety Code Section 44300 et seq. provides authority for the District to adopt a fee schedule to recover the cost of implementing and administering the Air Toxics “Hot Spots” Information and Assessment Act of 1987. The District shall annually collect from the owner/operator of each facility meeting the criteria set forth in paragraph (b)(1), (b)(2), and (b)(3), and each owner/operator shall pay, fees which shall provide for the following:

  1. Recovery of anticipated costs to be incurred by the State Board and OEHHA to implement and administer the Act, and any costs incurred by OEHHA or its independent contractor for review of facility risk assessments submitted to the State after March 31, 1995 under Health and Safety Code Section 44361(c).
  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 emission inventory plans, emission inventory data, risk assessments, to verify plans and data, and to administer this rule and the Air Toxics “Hot Spots” program.

(b) Applicability
Except for facilities exempted by Health and Safety Code Section 44324, this rule applies to any facility which:

  1. Manufactures, formulates, uses, or releases any of the substances listed by the State Board pursuant to Health and Safety Code Section 44321 and contained in Appendix A to Sections 93300 et seq. of Title 17 of the California Code of Regulations, which is incorporated by reference, or any other substance which reacts to form a substance so listed, and releases ten (10) tons per year or greater of any criteria pollutant; or,
  2. Is listed in “current AQMD Air Toxics Inventory List for AB 2588, May 11, 1990”; or,
  3. Manufactures, formulates, uses or releases any listed substance or any other substance which reacts to form any listed substance, and which releases less than ten (10) tons per year of any criteria pollutant and falls in any class listed in Appendix E to Sections 93300 to 93355 of Title 17 of the California Code of Regulations.

(c) Definitions
For the purpose of this rule, the following definitions shall apply:

  1. AUDIT and PLAN FACILITY means a facility that is required by the District, by April 1 of each year to prepare a Risk Reduction Audit and Plan in accordance with Sections 44390 through 44394 of the Health and Safety Code.
  2. COMPLEX means a facility that has more than five (5) processes as determined by six (6) digit Source Classification Codes (SCC).
  3. CRITERIA POLLUTANT means total organic gases, particulate matter, nitrogen oxides or sulfur oxides.
  4. FACILITY means every structure, appurtenance, installation, and improvement on land which is associated with a source of air releases or potential air releases of a hazardous material.
  5. FACILITY PRIORITIZATION is a method of calculating a score (a numerical value) to evaluate if a risk assessment should be prepared by placing facilities into high, intermediate, or low categories. The score is based on the potency, toxicity, quantity, and volume of hazardous materials released from the facility, the proximity of the facility to potential receptors, including, but not limited to, hospitals, schools, daycare centers, worksites, and residences, and, any other factors that the District finds which may indicate that the facility may pose a significant risk to receptors.
  6. FACILITY PROGRAM CATEGORY means a list of facilities, including facility name and identification number, provided to the Air Resources Board by the District by April 1 of each year, which lists the facilities which meet the definitions in paragraph (c)(1), (c)(2), (c)(7), (c)(8), (c)(9), (c)(12), (c)(13), (c)(14), and (c)(15).
  7. INDUSTRYWIDE FACILITY means a facility that qualifies to be included in an industrywide emission inventory prepared by the District pursuant to Health and Safety Code Section 44232, or an individual facility which emits less than ten (10) tons per year of each criteria pollutant, falls within a class composed of primarily small businesses, and whose emissions inventory report was prepared by the District.
  8. INTERMEDIATE means a facility that has three (3) to five (5) processes as determined by six (6) digit Source Classification Codes (SCC).
  9. NOTIFICATION FACILITY means a facility that is required by the District by April 1 of each year, to notify the public of the potential health risk associated with the air toxics emissions from that facility pursuant to Health and Safety Code Section 44362(b).
  10. OEHHA means the Office of Environmental Health Hazard Assessment.
  11. OWNER/OPERATOR means the person who owns or operates a facility or part of a facility.
  12. PLAN AND REPORT FACILITY means a facility that by April 1 of each year, has been required by the District to prepare an individual plan and report in accordance with Sections 44340, 44341, and 44344 of the Health and Safety Code. This includes facilities completing an update plan, update report, and update summary form.
  13. RISK ASSESSMENT-DISTRICT FACILITY means a facility that by April 1 of each year, has been required by the District to prepare a health risk assessment in accordance with Section 44360(b) of the Health and Safety Code, and whose risk assessment has not yet been approved by the District.
  14. RISK ASSESSMENT-STATE FACILITY means a facility whose risk assessment was received by OEHHA between April 1, 1994, and March 31, 1995.
  15. SIMPLE means a facility that has one (1) or two (2) processes as determined by six (6) digit Source Classification Codes (SCC).
  16. SMALL BUSINESS means a facility which is independently owned and operated and has met the following criteria in the preceding year:
  17. (A) The facility has ten (10) or less employees;

    (B) The facility’s total annual gross receipts are less than $1,000,000; and

    (C) The total annual gross receipts of the facility’s California operations are less than $5,000,000.

  18. SOURCE CLASSIFICATION CODES means number codes created by the United States Environmental Protection Agency used to identify processes associated with point sources that contribute emissions to the atmosphere.
  19. STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE means the Standard Industrial Classification Code which classifies establishments by the type of business activity in which they are engaged, as defined by the Standard Industrial Classification Manual, 1987, published by the Executive Office of the President, Office of Management and Budget, 1987.
  20. STATE COSTS means the reasonable anticipated cost which will be incurred by the State Board and OEHHA to implement and administer the Act, as shown in the District staff report dated April 12, 1996.
  21. SUPPLEMENTAL FEE means the fee charge to cover the costs incurred by the District to review a health risk assessment containing supplemental information which was prepared in accordance with the provisions of Section 44360(b)(3) of the Health and Safety Code.
  22. SURVEY FACILITY means a facility which emits less than ten (10) tons per year of criteria pollutants, and which falls in any class listed in Appendix E-II to Sections 93300 et seq. of Title 17 of the California Code of Regulations.
  23. TOTAL ORGANIC GASES (TOG) means all gases containing carbon, except carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate.
  24. VOLUNTARY PILOT PROGRAM refers to a program approved by the District Board on August 11, 1995 which offers to prepare Air Toxics “Hot Spots” health risk assessment for facilities in order to streamline the AB 2588 program and to reduce costs to facilities.

(d) Fees
All sources subject to this rule shall be assessed a fee pursuant to Table I of this rule.

  1. Calculation of Fees
  2. Flat Fees
  3. Fees for Preparation of an AB 2588 Health Risk Assessment through the District’s Voluntary Pilot Program
    A fee will be assessed upon the owner/operator of a facility if the facility chooses to participate in the District Board approved Pilot Program as follows:
  4.      Category             Maximum Fee 
    

    Simple Facility $3,200.00
    Intermediate Facility $4,000.00
    Complex Facility $5,000.00

  5. Fee Payment and Collection
  6. Payment to the State
    The District shall collect the fees assessed by or required to be assessed by this rule. After deducting the costs to the District to implement and administer the program, the District shall transmit to the State Board the amount the District is required to collect for recovery of state costs as specified in the staff report.
  7. Exemptions
    A facility shall be exempt from paying fees for Fiscal Year 1995-96 if by December 15, 1995, any one or more of the following criteria is met:

(e) This rule is applicable to Fiscal Year 1995-96. For Fiscal Year 1996-97, the owners/operators of facilities subject to this rule shall become subject to Rule 307.

TABLE I
FACILITY FEES BY PROGRAM CATEGORY

PROGRAM CATEGORY FACILITY FEES
Survey 0
Industrywide 0
Small Business $300.00
PLAN & REPORT
Simple $810.00
Intermediate $1,753.00
Complex $4,491.00
RISK ASSESSMENT - DISTRICT
Simple $1,169.00
Intermediate $2,470.00
Complex $6,285.00
RISK ASSESSMENT - STATE *
Simple N/A
Intermediate $4,909.00
Complex N/A
NOTIFICATION
Simple N/A
Intermediate $15,023.00
Complex $15,970.00
AUDIT & PLAN
Simple N/A
Intermediate N/A
Complex N/A

Risk assessment - State *: A facility whose risk assessment was received
by OEHHA between April 1, 1994 and March 31, 1995.