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s 85000. Compliance Schedule for United States Navy Vessels.
Note: Authority cited: Sections 39600, 39601 and 41704.5, Health and Safety Code. Reference: Sections 41701, 41704(j), 41704(k) and 41704.5, Health and Safety Code.
s 86000. Amendments to New and Modified Stationary Source Review Rules for San Joaquin, Stanislaus, Merced, Madera, Fresno, Tulare, Kings and Kern County Air Pollution Control Districts.
Note: Authority cited: Sections 39002, 29600, 39601, 41502 and 40504, Health and Safety Code. Reference: Sections 40001, 41500, 40504 and 41505, Health and Safety Code; and Avco Community Developers, Inc. v. South Coast Regional Com. (1976) 17 Cal.3d 785.
s 86500. Large Confined Animal Facility.
A large confined animal facility shall mean:
(a) In any area designated as a federal ozone nonattainment area as of January 1, 2004, any confined animal facility that maintains on any one day:
(1) 1,000 or more milk-producing dairy cows;
(2) 3,500 or more beef cattle;
(3) 7,500 or more calves, heifers, or other cattle;
(4) 100,000 or more turkeys;
(5) 650,000 or more chickens other than laying hens
(6) 650,000 or more laying hens
(7) 3,000 or more swine;
(8) 15,000 or more sheep, lambs, or goats;
(9) 2,500 or more horses;
(10) 650,000 or more ducks; or
(11) 30,000 or more rabbits or other animals.
(b) In any area other than an area described in subsection (a) above, any confined animal facility that maintains on any one day:
(1) 2,000 or more milk-producing dairy cows;
(2) 7,000 or more beef cattle;
(3) 15,000 or more calves, heifers, or other cattle;
(4) 200,000 or more turkeys;
(5) 1,300,000 or more chickens other than laying hens
(6) 1,300,000 or more laying hens
(7) 6,000 or more swine;
(8) 30,000 or more sheep, lambs, or goats;
(9) 5,000 or more horses;
(10) 1,300,000 or more ducks; or
(11) 60,000 or more rabbits or other animals.
Note: Authority cited: Sections 39600, 39601 and 40724.6, Health and Safety Code. Reference: Sections 39011.5 and 40724.6, Health and Safety Code.
s 86501. Recordkeeping and Reporting Requirements.
Beginning July 1, 2006, the owner or operator of a large confined animal facility under Section 86500 shall be required to keep records that specify the numbers of animals maintained daily and such other information as may be required by air pollution control district or air quality management district rules. Such records shall be maintained at a central place of business for a period of not less than three years and shall be made available upon request to the Executive Officer or Air Pollution Control Officer or their representative.
Note: Authority cited: Sections 39600, 39601 and 40724.6, Health and Safety Code. Reference: Sections 39011.5 and 40724.6, Health and Safety Code.
s 90050. Scope and Purpose.
The regulations set forth in this subchapter shall supplement provisions in the Mulford-Carrell Air Resources Act (Division 26 of the Health and Safety Code), particularly Part 2, Chapter 5 (Sections 39800 et seq. ) and Part 1, Chapter 2 (Sections 39010 et seq., "Definitions") with regard to the air pollution control subvention program.
Note: Authority cited: Sections 39600, 39601 and 39801, Health and Safety Code. Reference: Sections 39801-39804, Health and Safety Code.
s 90100. Definitions.
(a) "Air pollution control program" means the aggregate of all of the activities within a district or in support of a district's effort to control air pollution and to fulfill its obligations under the law.
(b) "Basinwide air pollution control plan" means the plan prepared and submitted by the control council of each air basin, or, where one district includes an entire air basin, by such district, as approved by the Air Resources Board pursuant to Section 41500, 41600, or 41602 of the Health and Safety Code.
(c) "Control Council" means a basinwide air pollution control council established pursuant to Section 40900 of the Health and Safety Code.
(d) "Dollars budgeted" means monies derived from revenue sources within a district for use in the district's air pollution control program as shown in the district's adopted budget and subvention application.
(e) "Executive Officer" means the executive officer of the Air Resources Board, or his or her delegate.
(f) "Fiscal year" means the 12-month period from July 1 of one year through June 30 of the following year.
(g) "Implementation program" means a district's program to implement the basinwide air pollution control plan.
(h) "Quarter" means any three month period ending March 31, June 30, September 30, or December 31.
(i) "Quorum" means
(1) more than one-half of the total membership; or
(2) one-half of the total membership if all the districts in the basin have agreed by formal resolution to abide by the actions of such a quorum; such resolutions may specify that such actions must be unanimous.
(j) "Subvention year" means the fiscal year for which a subvention is to apply.
Note: Authority cited: Sections 39600, 39601 and 39801, Health and Safety Code. Reference: Sections 39515, 39516, 39800 and 39801, Health and Safety Code.
s 90110. Types of Subventions.
(a) "Coordinated subvention" means a subvention authorized by Section 39802 of the Health and Safety Code. Such a subvention may be granted to a district participating in a coordinated basinwide program. A district satisfying either of the following conditions will be considered to be participating in a coordinated basinwide program, provided that when a district lies in more than one air basin, only the portion(s) of the district which satisfies either of these conditions shall be considered to be participating in such a program.
(1) A district which includes an entire air basin.
(2) Two or more districts which together include an entire air basin, and which meet the following requirements:
(A) The rules and regulations except for administrative procedures are uniform among all districts and are consistent with the approved nonattainment plan for each district's area. For any air basin where the control council has determined that identical rules and regulations throughout the entire air basin are not necessary for uniformity, the control council may divide the air basin into zones within which equivalent rules and regulations will be required. For the purposes of this subsection, equivalent rules and regulations means rules and regulations which effect the same degree of control. In establishing such zones, the control council shall consider topography, meteorology, population distribution, and air quality;
(B) The control council shall meet as often as necessary for the transaction of business, but not less than once per quarter except as provided for below. The control council of any air basin consisting solely of districts in the rural category may establish an equivalent procedure for basinwide consideration of policy matters and shall meet within 30 days after it has been requested to meet by the executive officer or by a member of the council. For the purposes of this Subdivision a quorum must be present in order to constitute a meeting. Copies of the minutes of each meeting shall be submitted to the executive officer within 30 days after the date of the meeting; and
(C) The districts shall be parties to one joint powers agreement or other enforceable agreement acceptable to the executive officer. The agreement shall specifically provide for the following:
1. The sharing of qualified air pollution personnel and equipment in a manner which results in the effective use of the basin wide resources and ensures that all districts in the air basin will maintain a program satisfying the applicable evaluation criteria. Such sharing shall be subject to a method for compensation for the cost of shared personnel and equipment mutually agreed on by the districts. Nothing in this subchapter shall preclude the payment by a district of subvention funds as compensation to other districts to cover costs of shared personnel or equipment use. Subvention funds received by a district under such agreements or contracts, however, may not be counted as matching funds in computing the district's subvention;
2. Interdistrict coordination of activities including enforcement; air monitoring; engineering; and, if required by the State Implementation Plan, traffic and land use planning; and
3. Implementation of the State Air Pollution Emergency plan, where applicable.
(b) "Individual subvention" means a subvention authorized by Section 39803 of the Health and Safety Code.
(c) "Special subvention" means a subvention authorized by Section 39804 of the Health and Safety Code. Such a subvention may be granted to a district participating in a coordinated basinwide program as described in subsection (a) of this section and lying in an air basin whose population is less than 98,000. If the funding limit specified in Section 39804 of the Health and Safety Code is increased pursuant to Section 39805 of the Health and Safety Code, the per capita funds budgeted by each district necessary to qualify for a special subvention shall be increased by the same proportion. The sum of the special subventions for which the districts in an air basin shall be eligible shall not exceed the amount equal to the difference between (1) the current maximum special subvention funding limit, established by Section 39804 of the Health and Safety Code or pursuant to Section 39805 of the Health and Safety Code, and (2) the current special subvention per capita rate, established by Section 39804 of the Health and Safety Code or pursuant to this subsection, multiplied by the basin population. The sum of the special subventions in an air basin shall be prorated according to population among the districts in the air basin.
(d) "Supplemental subvention" means a subvention authorized by Section 39810 of the Health and Safety Code. Dollars budgeted by the district which are needed to qualify for a coordinated, individual, or special subvention, may not be used to qualify for a supplemental subvention. A supplemental subvention shall not be approved for any district which has not, for the same fiscal year, been granted a coordinated, individual, or special subvention.
Note: Authority cited: Sections 39600, 39601 and 39801, Health and Safety Code. Reference: Sections 39515, 39801-39804 and 39810, Health and Safety Code.
s 90115. Evaluation Criteria.
The state board staff shall develop in cooperation with the districts and the state board shall adopt evaluation criteria for each category established in Section 90120 which are appropriate to determine, in accordance with Section 39806 of the Health and Safety Code, whether districts are engaged in the reduction of air contaminants pursuant to the basinwide air pollution control plan and related implementation programs. The evaluation criteria are set forth in the Air Resources Board's "Evaluation Criteria for Air Pollution Control Districts Participating in the Subvention Program," adopted on April 23, 1981, and amended May 27, 1983. Revisions to the evaluation criteria shall be considered by the state board when the state board or the executive officer determines that revisions are appropriate, or when an air basin control council or a district which includes an entire air basin makes a request for revisions to the state board. When such a request is made by a basin control council or district, the state board shall hold a public hearing not later than April of the next calendar year to consider the proposed revisions to the evaluation criteria.
Note: Authority cited: Sections 39600, 39601 and 39801, Health and Safety Code. Reference: Sections 39801 and 39806, Health and Safety Code.
s 90120. District Categories.
The state board shall classify districts by the following categories for the purpose of establishing evaluation criteria based on the factors set forth in Section 39806(b) of the Health and Safety Code.
(a) "Large urban districts";
(b) "Small urban districts";
(c) "Rural resource districts";
(d) "Rural agricultural districts."
The district classifications by category are set forth in the Air Resources Board's "District Subvention Categories" adopted July 26, 1982, as last amended on May 24, 1984, and shall be reviewed by the Board only upon petition of a district, ARB staff, or interested person.
Note: Authority cited: Sections 39600, 39601 and 39801, Health and Safety Code. Reference: Sections 39801 and 39806, Health and Safety Code.
s 90200. Subvention Application.
(a) An application for a coordinated, individual, or special subvention shall be submitted to the executive officer on forms approved by the executive officer, in accordance with this subsection.
(1) An application shall include a copy of the district's adopted budget.
(2) Estimates of the subvention to which the district is entitled shall be based on population data, as of January 1 of the fiscal year preceding the subvention year, compiled by the Department of Finance in compliance with Section 2227 of the Revenue and Taxation Code.
(3) The application must be received by the Air Resources Board or postmarked between May 1 of the preceding subvention year and September 30.
(4) A district may revise or amend its application at any time prior to June 30 of the subvention year.
(5) A district submitting an application for a coordinated or a special subvention shall, when such a district is in an air basin comprising two or more districts, submit a copy of its application to the control council.
(b) An application for a supplemental subvention shall be submitted to the executive officer on forms approved by the executive officer and shall contain the following information:
(1) The proposed expenditures related to the supplemental subvention;
(2) A detailed explanation of the purpose of the requested supplemental subvention, and the benefits which are expected to result; and
(3) The length of time required to complete the work proposed, and the total cost of the project.
Note: Authority cited: Sections 39600, 39601 and 39801, Health and Safety Code. Reference: Sections 39515, 39801-39804, 39806 and 39810, Health and Safety Code.
s 90300. Application Processing.
(a) The executive officer shall acknowledge receipt of all subvention applications, including revisions, within 30 days.
(b) The executive officer shall approve or disapprove all complete applications by November 15. Approval shall only be granted insofar as funds are available.
(c) Application approval shall be based on the district's adopted budget and program.
(d) A district's application may be disapproved by the executive officer if after consulting with the district it is found that:
(1) The district does not propose a program sufficient to meet the applicable evaluation criteria adopted pursuant to Section 90115; or
(2) The district is not operating a program sufficient to meet the applicable evaluation criteria adopted pursuant to Section 90115.
(e) If an application is disapproved, the executive officer shall state the reason(s) in writing to the district within 15 days of the disapproval.
(f) The executive officer shall not approve an application for a special subvention unless the joint powers agreement or other enforceable agreement required pursuant to Section 90110(a)(2)(c) has been received.
Note: Authority cited: Sections 39600, 39601 and 39801, Health and Safety Code. Reference: Sections 39515, 39801-39804, 39806 and 39810, Health and Safety Code.
s 90360. Disbursement of Funds.
Each subvention is to be disbursed in accordance with the following:
(a) Upon annual appropriation by the Legislature the executive officer shall request the State Controller to disburse one half ( 1/2) of the appropriate subvention as estimated by the executive officer.
(b) Districts which are unable to submit a complete subvention application to the executive officer by June 30 of a given year may submit a disbursement request on a form approved by the executive officer by June 30 of the same year. Upon approval of the executive officer, he or she shall request disbursement as described in Section 90360(a).
(c) Six months after Legislative appropriation the executive officer shall request the State Controller to disburse the remainder of the approved subvention unless, after review of the district's program, the executive officer finds that the district is not engaged in a program to meet the applicable evaluation criteria adopted pursuant to Section 90115, for reasons that are not expected to be easily resolved, and invokes the provisions of Health and Safety Code Sections 39806 and 39806.5, or the executive director invokes the provisions of Health and Safety Code Section 39608 or Section 90380 of this article.
(d) All subvention funds not expended or encumbered by the district during the subvention year shall be returned to the Air Resources Board and such funds shall revert to the State General Fund.
(e) A county district shall maintain a separate account for receipts, expenditures, and funding of the district in accordance with accounting procedures acceptable to the State Controller's Office.
(f) In the event that the subventions requested exceed the total allocation that is available, the executive officer shall prorate available funds among all the districts.
Note: Authority cited: Sections 39600, 39601 and 39801, Health and Safety Code. Reference: Sections 39515, 39801, 39806 and 39811, Health and Safety Code.
s 90370. District Reporting Requirements.
A district receiving a subvention shall:
(a) Notify the executive officer when the district determines that it will be unable to accomplish the applicable evaluation criteria set forth in Section 90115. The notification shall be in writing within 30 days after the district makes such determination.
(b) Submit by August 15 following the subvention year, a final report to the executive officer on forms approved by the executive officer covering the subvention year.
(c) If applicable, submit a supplemental subvention final report to the executive officer on forms approved by the executive officer covering the period for which the supplemental subvention has been approved.
Note: Authority cited: Sections 39600, 39601 and 39801, Health and Safety Code. Reference: Sections 39515, 39605, 39801 and 39806, Health and Safety Code.
s 90380. Reduction of Coordinated or Special Subvention.
The executive officer may reduce a coordinated subvention or a special subvention to an individual subvention if it is found that the provisions of Section 90110(a) for a coordinated basinwide program are no longer being carried out.
Note: Authority cited: Sections 39600, 39601 and 39801, Health and Safety Code. Reference: Sections 39515, 39605, 39801, 39806, 39806.5 and 39808, Health and Safety Code.
s 90500. Appeal Procedures.
(a) Review of any decision of the executive officer made pursuant to the provisions of this Subchapter may be requested by filing a petition with the state board within thirty (30) days of the date upon which the district was notified of such decision.
(b) The state board shall hold a public hearing at its first regularly scheduled board meeting at least 60 days after receiving a petition as provided for by subdivision (a) of this section.
(c) Notification of the public hearing shall be given to the district and to the appropriate control council at least forty-five (45) days before such a public hearing.
(d) The executive officer, district representatives, and any interested persons may comment on the district's appeal at such a public hearing.
Note: Authority cited: Sections 39600, 39601 and 39801, Health and Safety Code. Reference: Sections 39515, 39605, 39801, 39806.5 and 39808, Health and Safety Code.
s 90600. General Requirements.
Note: Authority cited: Sections 39600, 39601 and 39910, Health and Safety Code. Reference: Sections 39002, 39500, 39600 and 39910-39914, Health and Safety Code.
s 90601. Fee Revenues.
Note: Authority cited: Sections 39600, 39601 and 39910, Health and Safety Code. Reference: Sections 39002, 39500, 39600 and 39910-39914, Health and Safety Code.
s 90602. Administrative Costs and Billing Information.
Note: Authority cited: Sections 39600, 39601 and 39910, Health and Safety Code. Reference: Sections 39002, 39500, 39600 and 39910-39914, Health and Safety Code.
s 90603. Exemption.
Note: Authority cited: Sections 39600, 39601 and 39910, Health and Safety Code. Reference: Sections 39002, 39500, 39600 and 39910-39914, Health and Safety Code.
s 90604. General Requirements.
Note: Authority cited: Sections 39600, 39601 and 39910, Health and Safety Code. Reference: Sections 39002, 39500, 39600 and 39910-39914, Health and Safety Code.
s 90605. Fee Revenues.
Note: Authority cited: Sections 39600, 39601 and 39910, Health and Safety Code. Reference: Sections 39002, 39500, 39600 and 39910-39914, Health and Safety Code.
s 90606. Administrative Costs and Billing Information.
Note: Authority cited: Sections 39600, 39601 and 39910, Health and Safety Code. Reference: Sections 39002, 39500, 39600 and 39910-39914, Health and Safety Code.
s 90607. Exemption.
Note: Authority cited: Sections 39600, 39601 and 39910, Health and Safety Code. Reference: Sections 39002, 39500, 39600 and 39910-39914, Health and Safety Code.
s 90608. General Requirements.
Note: Authority cited: Sections 39600, 39601 and 39910, Health and Safety Code. Reference: Sections 39002, 39500, 39600 and 39910-39914, Health and Safety Code.
s 90609. Fee Revenues.
Note: Authority cited: Sections 39600, 39601 and 39910, Health and Safety Code. Reference: Sections 39002, 39500, 39600 and 39910-39914, Health and Safety Code.
s 90610. Administrative Costs and Billing Information.
Note: Authority cited: Sections 39600, 39601 and 39910, Health and Safety Code. Reference: Sections 39002, 39500, 39600 and 39910-39914, Health and Safety Code.
s 90611. Exemption.
Note: Authority cited: Sections 39600, 39601 and 39910, Health and Safety Code. Reference: Sections 39002, 39500, 39600 and 39910-39914, Health and Safety Code.
s 90612. General Requirements.
Note: Authority cited: Sections 39600, 39601 and 39910, Health and Safety Code. Reference: Sections 39002, 39500, 39600 and 39910-39914, Health and Safety Code.
s 90613. Fee Revenues.
Note: Authority cited: Sections 39600, 39601 and 39910, Health and Safety Code. Reference: Sections 39002, 39500, 39600 and 39910-39914, Health and Safety Code.
s 90614. Administrative Costs and Billing Information:
Note: Authority cited: Sections 39600, 39601 and 39910, Health and Safety Code. Reference: Sections 39002, 39500, 39600 and 39910-39914, Health and Safety Code.
s 90615. Exemption.
Note: Authority cited: Sections 39600, 39601 and 39910, Health and Safety Code. Reference: Sections 39002, 39500, 39600 and 39910-39914, Health and Safety Code.
s 90616. General Requirements.
Note: Authority cited: Sections 39600, 39601 and 39910, Health and Safety Code. Reference: Sections 39002, 39500, 39600 and 39910-39914, Health and Safety Code.
s 90617. Fee Revenues.
Note: Authority cited: Sections 39600, 39601 and 39910, Health and Safety Code. Reference: Sections 39002, 39500, 39600 and 39910-39914, Health and Safety Code.
s 90618. Administrative Costs and Billing Information.
Note: Authority cited: Sections 39600, 39601 and 39910, Health and Safety Code. Reference: Sections 39002, 39500, 39600 and 39910-39914, Health and Safety Code.
s 90619. Exemption.
Note: Authority cited: Sections 39600, 39601 and 39910, Health and Safety Code. Reference: Sections 39002, 39500, 39600 and 39910-39914, Health and Safety Code.
s 90620. General Requirements.
Note: Authority cited: Sections 39600, 39601, 39904 and 39906, Health and Safety Code. Reference: Sections 39002, 39500, 39600 and 39904-39910, Health and Safety Code.
s 90621. Fee Revenues for Fiscal Year 1989-90.
Note: Authority cited: Sections 39600, 39601, 39904 and 39906, Health and Safety Code. Reference: Sections 39002, 39500, 39600 and 39904-39910, Health and Safety Code.
s 90621.1. Fee Requirements for Fiscal Year 1990-91.
Note: Authority cited: Sections 39600, 39601, 39904 and 39906, Health and Safety Code. Reference: Sections 39002, 39500, 39600, and 39904-39910, Health and Safety Code.
s 90621.2. Fee Requirements for Fiscal Year 1991-92.
Note: Authority cited: Sections 39600, 39601, 39904 and 39906, Health and Safety Code. Reference: Sections 39002, 39500, 39600 and 39904-39910, Health and Safety Code.
s 90621.3. Fee Requirements for Fiscal Year 1992-93.
Note: Authority cited: Sections 39600, 39601, 39904 and 39906, Health and Safety Code. Reference: Sections 39002, 39500, 39600 and 39904-39910, Health and Safety Code.
s 90621.4. Fee Requirements for Fiscal Year 1993-94.
Note: Authority cited: Section 39600, 39601, 39904 and 39906, Health and Safety Code. Reference: Sections 39002, 39500, 39600, and 39904-39910, Health and Safety Code.
s 90622. Fee Payment and Collection.
Note: Authority cited: Sections 39600, 39601, 39904 and 39906, Health and Safety Code. Reference: Sections 39002, 39500, 39600 and 39904-39910, Health and Safety Code.
s 90623. Exemption.
Note: Authority cited: Sections 39600, 39601, 39904 and 39906, Health and Safety Code. Reference: Sections 39002, 39500, 39600 and 39904-39910, Health and Safety Code.
s 90700. Purpose and Mandate.
(a) This regulation provides for the establishment of fees to pay for the cost of implementing and administering the Air Toxics "Hot Spots" Information and Assessment Act of 1987 (the "Act"; Stats 1987 ch 1252; Health and Safety Code Section 44300 et seq.).
(b) Each district with jurisdiction over facilities meeting the criteria set forth in Section 90702(a) shall annually collect from the operator of each such facility, and each operator shall pay, fees which shall provide for the following:
(1) Recovery of anticipated costs to be incurred by the State Board and the Office to implement and administer the Act, as set forth in Table 1 of this regulation for fiscal year 2001-2002, and as determined by the Executive Officer for subsequent fiscal years, and any costs incurred by the Office 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, review emission inventory data, review risk assessments, verify plans and data, and administer this regulation and the Air Toxics "Hot Spots" program.
(c) Beginning in fiscal year 2002-2003, the ARB staff will prepare an annual status report that will summarize the State program costs, the Board activities supported by the fees, and the district costs. This report will be sent to the members of the Air Resources Board and the air pollution control and air quality management districts and will be made available to the public 90 days after the Executive Officer has determined the fees for the applicable fiscal year.
Note: Authority cited: Sections 39600, 39601 and 44380, Health and Safety Code. Reference: Sections 44320, 44361, and 44380, Health and Safety Code.
s 90701. Definitions.
(a) "Air pollution control district" or "district" has the same meaning as defined in Section 39025 of the Health and Safety Code.
(b) "Criteria pollutant" means, for purposes of this regulation, total organic gases, particulate matter, nitrogen oxides or sulfur oxides.
(c) "District Update Facility" means a facility
(1) that has been prioritized by its district in accordance with Health and Safety Code Section 44360(a) using procedures that have undergone public review and that are consistent with the procedures presented in the California Air Pollution Control Officers Association (CAPCOA) "Air Toxics 'Hot Spots' Program Facility Prioritization Guidelines, July 1990", which has been approved by the State Board and which is incorporated by reference herein, and
(2) that is required by the district to submit a quadrennial emissions inventory update pursuant to Health and Safety Code Section 44344 during the applicable fiscal year, and
(3) whose prioritization scores for cancer and non-cancer health effects are both greater than 1.0 and equal to or less than 10.0.
(d) "Facility" has the same meaning as defined in Section 44304 of the Health and Safety Code.
(e) "Facility Data List" means a list of facilities, including the information set forth in Section 90704(f)(3).
(f) "Facility Program Category" means a grouping of facilities meeting the definitions in Sections 90701(k), (l ), (m), (n), (o), (p), (q), (r), (s), (t), (u), (v), (w), (x), (y), (z), (ae), (ah), (ai), (aj), (ak), (al ), (am), (an), or (ao).
(g) "Guidelines Report" (Air Toxics Hot Spots Emission Inventory Criteria and Guidelines Report) is the report incorporated by reference under Section 93300.5 of this title that contains regulatory requirements for the Air Toxics Hot Spots Emission Inventory Program.
(h) "Industrywide Facility" means a facility that qualifies to be included in an industrywide emission inventory prepared by an air pollution control district pursuant to Health and Safety Code Section 44323, or an individual facility which emits less than 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 air pollution control district.
(i) "Office" means the Office of Environmental Health Hazard Assessment.
(j) "Operator" has the same meaning as defined in Section 44307 of the Health and Safety Code.
(k) "Prioritization Score Greater Than Ten (10.0) Facility" means a facility that does not have an approved health risk assessment and has been prioritized by its district in accordance with Health and Safety Code Section 44360(a) using procedures that have undergone public review and that are consistent with the procedures presented in the California Air Pollution Control Officers Association (CAPCOA) "Air Toxics 'Hot Spots' Program Facility Prioritization Guidelines, July 1990", which has been approved by the State Board and is incorporated by reference herein, and the greater of the facility's prioritization scores for cancer and non-cancer effects is greater than 10.0.
(l ) "Prioritization Score Greater Than Ten (10.0) Facility (Complex)" means a facility that meets the criteria set forth in Section 90701(k), and has more than five processes as determined by six-digit Source Classification Codes (SCC).
(m) "Prioritization Score Greater Than Ten (10.0) Facility (Medium)" means a facility that meets the criteria set forth in Section 90701(k), and has three to five processes as determined by six-digit SCC.
(n) "Prioritization Score Greater Than Ten (10.0) Facility (Simple)" means a facility that meets the criteria set forth in Section 90701(k), and has one or two processes as determined by six-digit SCC.
(o) "Risk of 10.0 to Less Than 50.0 Per Million Facility" means a facility that has had its health risk assessment approved by the district in accordance with Health and Safety Code Section 44362 and whose risk assessment results meet either of the following criteria:
(1) a total potential cancer risk, summed across all pathways of exposure and all compounds, of greater than or equal to 10.0 but less than 50.0 cases per million persons or,
(2) a total hazard index for each toxicological endpoint, either acute or chronic, of greater than 1.0 and a total potential cancer risk, summed across all pathways of exposure and all compounds, of less than 50.0.
(p) "Risk of 10.0 to Less Than 50.0 Per Million Facility (Complex)" means a facility that meets the criteria set forth in Section 90701(o), and has more than five processes as determined by six-digit Source Classification Codes (SCC).
(q) "Risk of 10.0 to Less Than 50.0 Per Million Facility (Medium)" means a facility that meets the criteria set forth in Section 90701(o), and has three to five processes as determined by six-digit SCC.
(r) "Risk of 10.0 to Less Than 50.0 Per Million Facility (Simple)" means a facility that meets the criteria set forth in Section 90701(o), and has one or two processes as determined by six-digit SCC.
(s) "Risk of 50.0 to Less Than 100.0 Per Million Facility" means a facility that has had its health risk assessment approved by the district in accordance with Health and Safety Code Section 44362 and whose risk assessment results show a total potential cancer risk across all pathways of exposure and all compounds, of greater than or equal to 50.0, but less than 100.0 cases per million persons.
(t) "Risk of 50.0 to Less Than 100.0 Per Million Facility (Complex)" means a facility that meets the criteria set forth in Section 90701(s), and has more than five processes as determined by six-digit Source Classification Codes (SCC).
(u) "Risk of 50.0 to Less Than 100.0 Per Million Facility (Medium)" means a facility that meets the criteria set forth in Section 90701(s), and has three to five processes as determined by six-digit SCC.
(v) "Risk of 50.0 to Less Than 100.0 Per Million Facility (Simple)" means a facility that meets the criteria set forth in Section 90701(s), and has one or two processes as determined by six-digit SCC.
(w) "Risk of 100.0 Per Million or Greater Facility" means a facility that has had its health risk assessment approved by the district in accordance with Health and Safety Code Section 44362 and whose risk assessment results show a total potential cancer risk, summed across all pathways of exposure and all compounds, of greater than or equal to 100.0 cases per million persons.
(x) "Risk of 100.0 Per Million or Greater Facility (Complex)" means a facility that meets the criteria set forth in Section 90701(w), and has more than five processes as determined by six-digit Source Classification Codes (SCC).
(y) "Risk of 100.0 Per Million or Greater Facility (Medium)" means a facility that meets the criteria set forth in Section 90701(w), and has three to five processes as determined by six-digit SCC.
(z) "Risk of 100.0 Per Million or Greater Facility (Simple)" means a facility that meets the criteria set forth in Section 90701(w), and has one or two processes as determined by six-digit SCC.
(aa) "Small Business" for the purposes of Section 90704(h)(2) means a facility which is independently owned and operated and has met all of the following criteria in the preceding year: 1) the facility has 10 or fewer (annual full-time equivalence) employees; 2) the facility's total annual gross receipts are less than $1,000,000; and 3) the total annual gross receipts for the California operations the facility is part of are less than $5,000,000. All oil producers in the San Joaquin Valley Unified Air Pollution Control District will be judged by the criteria of San Joaquin Valley Unified Air Pollution Control District Rule 2201, subsections 3.29.1 - 3.29.3 (Operative June 15, 1995) to determine overall facility size and boundaries for purposes of qualifying as a small business.
(ab) "Source Classification Codes" or "SCC" 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.
(ac) "Standard Industrial Classification Code" or "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, which is incorporated by reference herein.
(ad) "State costs" means the reasonable anticipated cost which will be incurred by the State Board and the Office to implement and administer the Act, as shown in Table 1 of this part.
(ae) "State Industrywide Facility" means a facility that (1) qualifies to be included in an industrywide emission inventory prepared by an air pollution control or air quality management district pursuant to Health and Safety Code Section 44323, (2) releases, or has the potential to release, less than ten tons per year of each criteria pollutant, and (3) is either of the following:
(A) a facility in one of the following four classes of facilities: autobody shops, as described by SIC Codes 5511-5521 or 7532; gasoline stations, as described by SIC Code 5541; dry cleaners, as described by SIC Code 7216; and printing and publishing, as described by SIC Codes 2711-2771 or 2782; or
(B) a facility that has not prepared an Individual Plan and Report in accordance with Sections 44340, 44341, and 44344 of the Health and Safety Code and for which the district submits documentation for approval by the Executive Officer of the State Board, verifying that the facility meets the requirements of Health and Safety Code Section 44323(a)-(d).
(af) "Supplemental Fee" means the fee charged to cover the costs of 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.
(ag) "Total organic gases" or "TOG" means all gases containing carbon, except carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate.
(ah) "Tracking Facility" means a facility that has been prioritized by its district in accordance with Health and Safety Code Section 44360(a) using procedures that have undergone public review and that are consistent with the procedures presented in the California Air Pollution Control Officers Association (CAPCOA) "Air Toxics 'Hot Spots' Program Facility Prioritization Guidelines, July 1990", which has been approved by the State Board and which is incorporated by reference herein, and the greater of the facility's prioritization scores for cancer and non-cancer health effects is greater than 10.0, and meets either one of the following criteria:
(1) the facility has had its health risk assessment approved by the district in accordance with Health and Safety Code Section 44362 and the risk assessment results show a total potential cancer risk, summed across all pathways of exposure and all compounds, of equal to or greater than 1.0 and less than ten (10) cases per million persons and a total hazard index for each toxicological endpoint, both acute and chronic, of less than or equal to 1.0, or
(2) the facility has had its health risk assessment approved by the district in accordance with Health and Safety Code Section 44362 and the risk assessment results show a total hazard index for each toxicological endpoint, either acute or chronic, of greater than or equal to 0.1, but less than or equal to 1.0, and a total potential cancer risk, summed across all pathways of exposure and all compounds, of less than ten (10) cases per million persons.
(ai) "Tracking Facility (Complex)" means a facility that meets the criteria set forth in Section 90701(ah), and has more than five processes as determined by six-digit Source Classification Codes (SCC).
(aj) "Tracking Facility (Medium)" means a facility that meets the criteria set forth in Section 90701(ah), and has three to five processes as determined by six-digit SCC.
(ak) "Tracking Facility (Simple)" means a facility that meets the criteria set forth in Section 90701(ah), and has one or two processes as determined by six-digit SCC.
(al ) "Unprioritized Facility" means a facility that has not been prioritized by its district in accordance with Health and Safety Code Section 44360(a) using procedures that have undergone public review and that are consistent with the procedures presented in the California Air Pollution Control Officers Association (CAPCOA) "Air Toxics 'Hot Spots' Program Facility Prioritization Guidelines, July 1990", which has been approved by the State Board and is incorporated by reference herein.
(am) "Unprioritized Facility (Complex)" means a facility that meets the criteria set forth in Section 90701(al ), and has more than five processes as determined by six-digit Source Classification Codes (SCC).
(an) "Unprioritized Facility (Medium)" means a facility that meets the criteria set forth in Section 90701(al ), and has three to five processes as determined by six-digit SCC.
(ao) "Unprioritized Facility (Simple)" means a facility that meets the criteria set forth in Section 90701(al ), and has one or two processes as determined by six-digit SCC.
(ap) "Executive Officer" means the Executive Officer of the California Air Resources Board.
(aq) "State Facility Fee Rate" means the dollar value of the State fee assessed for each facility in a particular Facility Program Category.
Note: Authority cited: Sections 39600, 39601, 44380 and 44380.5, Health and Safety Code. Reference: Sections 44320, 44344.4, 44380 and 44380.5, Health and Safety Code.
s 90702. Facilities Covered.
(a) Except for facilities exempted by Health and Safety Code Section 44324, 44344.4(a), or 44380.1 this regulation 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 of the Guidelines Report, or any other substance which reacts to form a substance so listed, and releases 10 tons per year or greater of any criteria pollutant, or
(2) is listed in any current toxics use or toxics air emission survey, inventory, or report released or compiled by an air pollution control district and referenced in Appendix A, 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 10 tons per year of each criteria pollutant and falls in any class listed in Appendix E of the Guidelines Report, or
(4) is reinstated under Health and Safety Code Section 44344.7.
(b) On or before July 1 for fiscal year 2001-2002, and September 1 for subsequent fiscal years, each district shall provide to the State Board a list of facilities meeting any one or more of the criteria specified in subdivision (c) and (d) of this section. The list of facilities shall include the facility's name, identification number, and documentation of the exemption or exemptions any facility qualifies for under this section.
(c) A facility shall be excluded from the calculation of the distribution of the State's cost specified in Section 90703(a) if by July 1 for fiscal year 2001-2002, and September 1 for subsequent fiscal years, any one or more of the following criteria is met:
(1) the facility has been prioritized by its district in accordance with Health and Safety Code Section 44360(a) using procedures that have undergone public review and that are consistent with the procedures presented in the California Air Pollution Control Officers Association (CAPCOA) "Air Toxics 'Hot Spots' Program Facility Prioritization Guidelines, July 1990", which has been approved by the State Board and which is incorporated by reference herein, and the facility's prioritization score is less than or equal to 10.0 for cancer health effects and is less than or equal to 10.0 for non-cancer health effects.
(2) the facility has had its health risk assessment approved by the district in accordance with Health and Safety Code Section 44362 and the risk assessment results show a total potential cancer risk, summed across all pathways of exposure and all compounds, of less than one case per one million persons and a total hazard index for each toxicological endpoint, both acute and chronic, of less than 0.1. Some appropriate procedures for determining potential cancer risk and total hazard index are presented in the CAPCOA "Air Toxics 'Hot Spots' Program Revised 1992 Risk Assessment Guidelines, October 1993", which is incorporated by reference herein.
(3) the facility primarily performs printing as described by SIC Codes 2711 through 2771 or 2782, and the facility uses an annualized average of two gallons per day or less (or 17 pounds per day or less) of all graphic arts materials (deducting the amount of any water or acetone) unless a district required a health risk assessment and results show the facility would not qualify under Section 90702(c)(2).
(4) the facility is a wastewater treatment plant as described by SIC Code 4952, the facility does not have a sludge incinerator and the maximum throughput at the facility does not exceed 10,000,000 gallons per day unless a district required a health risk assessment and results show the facility would not qualify under Section 90702(c)(2).
(5) the facility is a crematorium for humans, animals, or pets as described by SIC Code 7261 or any SIC Code that describes a facility using an incinerator to burn biomedical waste (animals), the facility uses propane or natural gas as fuel, and the facility annually cremates no more than 300 cases (human) or 43,200 pounds (human or animal) unless a district required a health risk assessment and results show the facility would not qualify under Section 90702(c)(2). Facilities using incinerators that burn biomedical waste other than cremating animals do not qualify for this exemption.
(6) the facility is primarily a boat building and repair facility or primarily a ship building and repair facility as described by SIC Codes 3731 or 3732, and the facility uses 20 gallons per year or less of coatings or is a coating operation using hand held nonrefillable aerosol cans only unless a district required a health risk assessment and results show the facility would not qualify under Section 90702(c)(2).
(7) the facility is a hospital or veterinary clinic building that is in compliance with the control requirements specified in the Ethylene Oxide Control Measure for Sterilizers and Aerators, section 93108 of this title, and has an annual usage of ethylene oxide of less than 100 pounds per year if it is housed in a single story building, or has an annual usage of ethylene oxide of less than 600 pounds per year if it is housed in a multi-story building unless a district required a health risk assessment and results show the facility would not qualify under Section 90702(c)(2).
(8) the facility was not required to conduct a risk assessment under Health and Safety Code Section 44360(b), and the district, or the facility with the concurrence of the district, has conducted a worst-case, health conservative risk assessment using screening air dispersion modeling criteria set forth in Appendix F of the Guidelines Report and has demonstrated to the satisfaction of the district that the facility's screening risk levels meet the criteria set forth in Section 90702(c)(2).
(d) For fiscal year 2001-2002, a facility shall be excluded from the fee schedule calculated in accordance with Section 90704(e)-(h) and from the fee schedule set forth in Table 3 if (1) it qualifies for exclusion pursuant to subdivision (c) of this section, (2) it is located in a district which has met the requirements of section 90704(b) and (3) the district has requested State Board adoption of a fee schedule. Exclusion from fee schedules under this subdivision does not exempt a facility from any other applicable requirement under this title.
(e) Commencing July 1, 2002, a facility shall be excluded from the fee schedule calculated in accordance with Section 90704(e)-(h) if it qualifies for exclusion pursuant to subdivision (c) of this section as of September 1 of the applicable year, and is located in a district that is recovering district costs pursuant to Section 90704(e)(5).
Note: Authority cited: Sections 39600, 39601, 44321, 44344.4, 44344.7 and 44380, Health and Safety Code. Reference: Sections 44320, 44321, 44322, 44344.4, 44344.7 and 44380, Health and Safety Code.
s 90703. District Board Adoption of Fees.
Except for the districts that have fulfilled all of the requirements specified in Section 90704(b) and (e)(5), every district shall annually adopt a rule or regulation which recovers the costs specified in 90700(b), unless the district rule or regulation contains a specific provision for automatic readoption of the rule or regulation annually by operation of law.
(a) Except as specified in subdivision (b) of this section, or in Section 90702(c) and (d), the State Board shall calculate each district's share of state costs on the basis of the number of facilities in Facility Program Categories as defined in Sections 90701(k), (l ), (m), (n), (o), (p), (q), (r), (s), (t), (u), (v), (w), (x), (y), (z), (ae), (ah), (ai), (aj), (ak), (al ), (am), (an), and (ao).
(1) For the purposes of subdivision (a) of this section, the district shall set forth the facilities that are in the described program categories on or before July 1 for fiscal year 2001-2002, and September 1 for subsequent fiscal years. (continued)