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(continued)
(b) For purposes of calculation of a district's share of State costs under subdivision (a) of this section, the number of facilities in the State Industrywide Facility Program Category will be based on the provisions of Section 90704(d)(2).
(c) Districts shall reimburse the State in accordance with Health and Safety Code Section 44361(c) for review of facility risk assessments submitted to the State after March 31, 1995.
Note: Authority cited: Sections 39600, 39601, 44321 and 44380, Health and Safety Code. Reference: Sections 44320, 44321, 44322, 44361 and 44380, Health and Safety Code.
s 90704. State Board Adoption of Fees.
(a) The State Board shall adopt a regulation for fiscal year 2001-2002 which meets the requirements of Health and Safety Code Section 44380(a). Districts whose fee schedules are included in this regulation under Section 90704(b) are subject to the provisions of subdivisions (d)-(i) of this section.
(b) The State Board may annually adopt a fee schedule which assesses a fee upon the operators of facilities subject to this regulation, and which identifies and provides for the recovery of state costs for the applicable fiscal year and district costs for fiscal year 2001-2002 to administer and implement the Act pursuant to Section 90700(b), for facilities located in districts that have completed all of the following requirements:
(1) The district board has approved, and adopted by resolution, the cost of implementing and administering the Act for the fiscal year 2001-2002 as specified in Section 90700(b)(2);
(2) The district has submitted a written request specifying the amount to be collected for fiscal year 2001-2002, through fees established by the State Board regulation, as calculated pursuant to Section 90704(d), (e), (f), (g), (h), and (i) and including documentation of the costs;
(3) The district has submitted the resolution, request and documentation specified in subsections (1) and (2) to the State Board by April 1, 2001 preceding the applicable fiscal year.
(c) Any district whose fee schedule is included in this regulation pursuant to Section 90704(b)(1)-(3) may, as a substitute for this regulation, adopt a district fee rule for fiscal year 2001-2002 that meets the requirements of Section 90700(b), provided that the district informs the Executive Officer of the State Board in writing.
(d) Beginning in fiscal year 2002-2003, the Executive Officer will annually develop a fee schedule by applying the applicable State Facility Fee Rate contained in Table 3, or the $35 flat fee for Industrywide facilities, to each facility subject to the Fee Regulation in the Facility Data List provided by the districts pursuant to Section 90702. Districts whose fee schedules are included in this regulation under Section 90704(e)(5) are subject to the provisions (d)-(i) of this section.
(e) Calculation of Fees.
(1) The State Board shall establish the fee applicable to each facility for the recovery of state and district costs and shall notify each district in writing of the amount to be collected from each facility and of the amount of revenue which the district must remit to the State Board for reimbursement of state costs, as set forth in Table 1. When calculating the fees, the State Board shall use the State costs in Table 1 and the district costs in Table 2 for fiscal year 2001-2002, and shall take into account and allow for the unanticipated closing of businesses, nonpayment of fees, and other circumstances which would result in a shortfall in anticipated revenue.
(2) Beginning in fiscal year 2002-2003, the Executive Officer will annually develop a fee schedule by applying the applicable State Facility Fee Rate contained in Table 3, or the $35 flat fee for Industrywide facilities, to each facility subject to the Fee Regulation in the Facility Data List provided by the districts pursuant to Section 90702, and shall notify each district in writing of the amount to be collected from each facility and the amount of revenue which the district must remit to the State Board for reimbursement of the State costs.
(3) The State Board shall calculate fees on the basis of the Facility Data List as set forth by the district by July 1 for fiscal year 2001-2002, except for facilities excluded under Section 90702(c) or covered by Section 90704(g) and (h). For purposes of calculation of a district's share of State costs under this subdivision and under Section 90703(a), the number of State Industrywide facilities shall be used instead of the number of Industrywide facilities. Facilities that meet the Industrywide Facility definition but do not meet the State Industrywide Facility definition shall be placed in the appropriate Facility Program Category for purposes of calculation of a district's share of the State's costs. Districts may still assess facilities that meet the Industrywide definition but not the State Industrywide definition the fees listed in Table 4 for fiscal year 2001-2002.
(4) Beginning in fiscal year 2002-2003, the Executive Officer shall make an annual determination of the fees on the basis of the Facility Data List set forth by the district by September 1 of the applicable fiscal year, except for facilities excluded under Section 90702(c) or covered by Section 90704(g) and (h). For purposes of calculation of a district's share of State costs under this subdivision and under Section 90703(a), the number of State Industrywide facilities shall be used instead of the number of Industrywide facilities. Facilities that meet the Industrywide Facility definition but do not meet the State Industrywide Facility definition shall be placed in the appropriate Facility Program Category for purposes of calculation of a district's share of the State's costs.
(5) Beginning in fiscal year 2002-2003 and for subsequent fiscal years, districts that do not have a locally adopted fee regulation are authorized to collect fees to recover local program costs up to, but not to exceed, the amount of the State Facility Fee Rate on a per-facility basis. Districts making use of this provision shall provide a summary of the district program costs to ARB by September 1 of the applicable fiscal year.
(6) No later than December 1 of the applicable fiscal year, beginning in December of fiscal year 2002-2003, the Executive Officer shall make a final determination of the State Program fee amounts and the apportionment of those amounts to the districts, as calculated based on the State Facility Fee Rate and Facility Data List.
(f) Fees Based on Facility Program Category.
(1) The State Board shall provide a flat fee per facility based on the facility program category of the facility as set forth in the State Facility Fee Rate in Table 3 for all applicable fiscal years, and Table 4 for fiscal year 2001-2002. For fiscal year 2002-2003 and beyond, the fee for the Industrywide category shall be $35. The Facility Program Categories for Table 3 are Prioritization Score Greater Than Ten (10.0) (Complex); Prioritization Score Greater Ten (10.0) (Medium); Prioritization Score Greater Than Ten (10.0) (Simple); Risk of 10.0 to Less Than 50.0 Per Million (Complex); Risk of 10.0 to Less Than 50.0 Per Million (Medium); Risk of 10.0 to Less Than 50.0 Per Million (Simple); Risk of 50.0 to Less Than 100.0 Per Million (Complex); Risk of 50.0 to Less Than 100.0 Per Million (Medium); Risk of 50.0 to Less Than 100.0 Per Million (Simple); Risk of 100.0 Per Million, or Greater (Complex); Risk of 100.0 Per Million, or Greater (Medium); Risk of 100.0 Per Million, or Greater (Simple); Tracking (Complex); Tracking (Medium); Tracking (Simple); Unprioritized (Complex); Unprioritized (Medium); and Unprioritized (Simple). The Facility Program Category for Table 4 is State Industrywide.
(2) A facility that becomes subject to the Act after State Board adoption of the Fee Regulation, and is required to prepare an Inventory Plan and Report during the applicable fiscal year in accordance with Sections 44340, 44341, and 44344 of the Health and Safety Code, shall pay the appropriate Unprioritized (Complex, Medium, or Simple) fee for that fiscal year.
(3) A district shall provide to the State Board, by July 1, 2001, and for subsequent fiscal years by September 1 of the applicable fiscal year, a Facility Data List. The Facility Data List shall contain the following information: (a) the district abbreviation, (b) the county ID, (c) the name and facility identification number, (d) the Standard Industrial Classification Code of the facility, (e) the number of Source Classification Codes, (f) complexity (Simple, Medium, Complex), (g) prioritization score, (h) health risk assessment results, (i) whether or not the health risk assessment has been reviewed by OEHHA, (j) whether or not a screening risk assessment was performed, (k) reason excluded from calculation of the State's cost under the previously applicable fiscal year's Air Toxics Hot Spots Fee Regulation, (l ) whether or not the facility is a state industrywide facility, (m) whether or not the facility is a small business as defined under Section 90701(aa), (n) whether or not the facility is a District Update Facility as defined under Section 90701(c), and (o) former Facility Program Category for the previously applicable fiscal year. The district shall provide the SIC Code for facilities being added to the State Industrywide Facility category.
(g) Specified Flat Fees.
(1) An Industrywide Facility shall be assessed the flat fee specified in Table 4 for fiscal year 2001-2002, and $35 per Industrywide facility for subsequent fiscal years. If a facility was previously assessed, and has paid, a fee pursuant to the Facility Program Categories specified for Table 4, subsequent fees pursuant to Table 4 shall be waived by the district, if the district determines that there are insignificant costs with respect to said facility under the Act.
(2) A facility in the State Industrywide Facility Program Category, as defined by Section 90701(ae), shall be assessed the flat fee specified in Table 4 for fiscal year 2001-2002, and $35 per industrywide facility for subsequent fiscal years.
(h) Other Flat Fees.
(1) Pursuant to the provisions of Section 44380.5 of the Health and Safety Code, the supplemental fee which may be assessed upon the operator of a facility, to cover the direct costs to the district to review the information supplied, shall be no higher than $2,000.
(2) The maximum fee that a small business, as defined in Section 90701(aa), shall pay will be $300.
(3) If in the judgment of a district the action will not result in a shortfall in revenue, a district may request the fee for the Unprioritized (Simple) category be set at no more than $800.
(4) Pursuant to the provisions of Section 44344.4(b) of the Health and Safety Code, the operator of an Update Facility may be assessed a fee of no higher than $125 to cover the direct cost to the district to review the facility's quadrennial emission inventory update submitted under Health and Safety Code Section 44344. Beginning with Fiscal Year 1997-98, a district may assess a higher fee to review quadrennial emission inventory updates if it adopts written findings that the costs of processing the emission inventory update exceed $125 and submits those findings to the State Board by June 30 preceding the applicable fiscal year. The fee adopted shall be no higher than that supported by the written findings.
(i) For fiscal year 2001-2002, costs to be recovered by the regulation adopted by the State Board pursuant to subdivision (b) of this section shall be calculated as follows: Each district board shall approve its anticipated costs to implement and administer the Act. The Air Resources Board will subtract from this amount anticipated revenues from collection of the flat fee specified in Section 90704(g); and any excess revenues obtained by the district pursuant to Section 90705(c). When submitting board-approved program costs to the State Board, the district shall include a breakdown of how the collected fees will be used.
(j) Districts shall reimburse the State in accordance with Health and Safety Code Section 44361(c) for review of facility risk assessments submitted to the State after March 31, 1995.
Note: Authority cited: Sections 39600, 39601, 44344.4 and 44380, Health and Safety Code. Reference: Sections 44320, 44322, 44344.4, 44380 and 44380.5, Health and Safety Code.
s 90705. Fee Payment and Collection.
(a) Each district shall notify and assess the operator of each facility subject to this regulation in writing of the fee due. Except as provided in Sections 90702(c) and (d), 90703, 90704(g), and 90704(h), each district shall use the facility program category as the basis for billing. The operator shall remit the fee to the district within 60 days after the receipt of the fee assessment notice or the fee will be considered past due. If an operator fails to pay the fee within 60 days of this notice, the district shall assess a penalty of not more than 100 percent of the assessed fee, but in an amount sufficient, in the district's determination, to pay the district's additional expenses incurred by the operator's non-compliance. If an operator fails to pay the fee within 120 days after receipt of this notice, the district may initiate permit revocation proceedings. If any permit is revoked it shall be reinstated only upon full payment of the overdue fee plus any late penalty, and a reinstatement fee to cover administrative costs of reinstating the permit.
(1) The invoices sent by the districts to the facilities shall contain, but not be limited to, the following information: name and address of the facility; name, address, and phone number contact of the district sending the bill, invoice number, fiscal year for which the bill is being sent, where to send the remittance, an indication of whether or not a small business cap is applicable, and the following statement: "The California Health and Safety Code Section 44380 requires the collection of fees from facilities subject to the requirements of the Air Toxics Hot Spots Information and Assessment Act of 1987."
(b) Each district shall collect the fees assessed by or required to be assessed by this regulation. After deducting the costs to the district to implement and administer the program, each district shall transmit to the State Board the amount the district is required to collect for recovery of state costs pursuant to Section 90700(b)(1), as set forth in Table 1, within 180 days of the receipt of an invoice from the State Board. Checks shall be made payable to the State Air Resources Board. The State Board shall forward the revenues to the State Controller for deposit in the Air Toxics Inventory and Assessment Account.
(c) Any fee revenues received by a district for which fees have been adopted pursuant to Section 90704(b) that exceed district and state costs shall be reported to the State Board and shall be retained by the district for expenditure in the next two fiscal years.
(d) If a district does not collect sufficient revenues to cover the portion of the state costs that the district is required to remit to the State Board for a particular fiscal year due to circumstances beyond the control of the district, the district shall notify the Executive Officer of the State Board prior to June 30 of the year following the applicable fiscal year and may for demonstrated good cause be relieved by the Executive Officer from an appropriate portion of the fees the district is required to collect and remit to the state.
Circumstances beyond the control of the district may include but are not limited to plant closure or refusal of the facility operator to pay despite permit revocation or other enforcement action. Documentation of the circumstances resulting in the shortfall shall be submitted to the ARB upon request. Nothing herein shall relieve the operator from any obligation to pay any fees assessed pursuant to this regulation.
(1) A district for which the State Board has adopted a fee schedule pursuant to Section 90704(b) in fiscal year 2001-2002, or Section 90704(d) in subsequent years, may, upon notifying the Executive Officer of the State Board, carry over all or a portion of such shortfall in revenue from one to four fiscal years after the shortfall was discovered and add the shortfall amount to its program costs for each such subsequent fiscal year.
Note: Authority cited: Sections 39600, 39601 and 44380, Health and Safety Code. Reference: Section 44380, Health and Safety Code.
Appendix A
Air Pollution Control District Air Toxic Inventories, Reports or Surveys
1. San Diego County Air Pollution Control District "List of Semiconductor Manufacturers Using Toxic Gases (Arsine or Phosphine). May 1988."
2. San Joaquin Valley Unified Air Pollution Control District "San Joaquin Valley Unified APCD Toxics List. February 25, 1994."
3. Santa Barbara County Air Pollution Control District "Current Santa Barbara County Air Pollution Control District List of Air Toxic Sources. July 14, 1997."
s 90800. Fee Requirements for FIscal Year 1989-90.
Note: Authority cited: Sections 39600, 39601 and 39612, Health and Safety Code. Reference: Sections 39002, 39500, 39600 and 39612, Health and Safety Code.
s 90800.1. Fee Requirements for Fiscal Year 1990-91.
Note: Authority cited: Sections 39600, 39601 and 39612, Health and Safety Code. Reference: Sections 39002, 39500, 39600 and 39612, Health and Safety Code.
s 90800.2. Fee Requirements for Fiscal Year 1991-92.
Note: Authority cited: Sections 39600, 39601 and 39612, Health and Safety Code. Reference: Sections 39002, 39500, 39600 and 39612, Health and Safety Code.
s 90800.3. Fee Requirements for Fiscal Year 1992-93.
Note: Authority cited: Sections 39600, 39601 and 39612, Health and Safety Code. Reference: Sections 39002, 39500, 39600 and 39612, Health and Safety Code.
s 90800.4. Fee Requirements for Fiscal Year 1993-94.
Note: Authority cited: Sections 39600, 39601 and 39612, Health and Safety Code. Reference: Sections 39002, 39500, 39600 and 39612, Health and Safety Code.
s 90800.5. Fee Requirements for Fiscal Year 1994-95.
(a) No later than 180 days after the operative date of this section, each district identified below shall transmit the dollar amount specified below to the Board for deposit into the Air Pollution Control Fund. The amount transmitted shall be collected from facilities which are the holders of permits for sources which emitted 500 tons or more per year of any nonattainment pollutant or precursors during the period from January 1, 1992, through December 31, 1992, inclusive. The fees shall be in addition to permit and other fees already authorized to be collected from such sources. The fee to be charged shall be fifteen dollars and eighty-three cents ($15.83) per ton.
(1) Bay Area Air Quality Management District: nine hundred seventy-four thousand two hundred thirty-one dollars ($974,231);
(2) Imperial County Air Pollution Control District: twenty-five thousand seven dollars ($25,007);
(3) Kern County Air Pollution Control District (SEDAB): one hundred two thousand eighty-four dollars ($102,084);
(4) Mojave Desert Air Quality Management District: three hundred forty-three thousand eight hundred seventy-three dollars ($343,873);
(5) Monterey Bay Unified Air Pollution Control District: one hundred twenty-one thousand three hundred forty-six dollars ($121,346);
(6) Sacramento Metropolitan Air Quality Management District: forty thousand three hundred fifty-nine dollars ($40,359);
(7) San Diego County Air Pollution Control District: eighty-one thousand three hundred thirty-five dollars ($81,335);
(8) San Joaquin Valley Unified Air Pollution Control District: four hundred five thousand ninety-two dollars ($405,092);
(9) San Luis Obispo County Air Pollution Control District: one hundred thirteen thousand five hundred ninety dollars ($113,590);
(10) South Coast Air Quality Management District: four hundred eighty thousand one dollars ($480,001);
(11) Ventura County Air Pollution Control District: thirty-one thousand nine hundred fifty-five dollars ($31,955);
(12) Amador County Air Pollution Control District, Butte County Air Pollution Control District, Calaveras County Air Pollution Control District, Colusa County Air Pollution Control District, El Dorado County Air Pollution Control District, Feather River Air Quality Management District, Glenn County Air Pollution Control District, Great Basin Unified Air Pollution Control District, Mariposa County Air Pollution Control District, Mendocino County Air Pollution Control District, Modoc County Air Pollution Control District, North Coast Unified Air Quality Management District, Northern Sierra Air Quality Management District, Northern Sonoma County Air Pollution Control District, Placer County Air Pollution Control District, Santa Barbara County Air Pollution Control District, Shasta County Air Quality Management District, Siskiyou County Air Pollution Control District, Tehama County Air Pollution Control District, Tuolumne County Air Pollution Control District, Yolo-Solano Air Pollution Control District: zero dollars ($0).
(b) Emissions from facilities identified by the Air Resources Board on or before April 14, 1994, as having emitted 500 tons or more per year of any nonattainment pollutant or precursors during the period January 1, 1992, through December 31, 1992, shall be used to determine compliance with these regulations. Emissions from a facility are excluded from compliance with these regulations if the emissions from the facility would be subject to these regulations solely because the facility is in a district which is designated in section 60201 as not having attained the state ambient air quality standard for ozone solely as a result of ozone transport identified in section 70500, Title 17, California Code of Regulations.
(c) In addition to the amount cited in subsection (a) above, a district shall, for any facility identified after April 14, 1994, as having emitted 500 tons or more per year of any nonattainment pollutant or its precursors during the period from January 1, 1992, through December 31, 1992, transmit to the Board for deposit into the Air Pollution Control Fund fifteen dollars and eighty-three cents ($15.83) per ton of such pollutant or precursor.
Note: Authority cited: Section 39600, 39601 and 39612, Health and Safety Code. Reference: Sections 39002, 39500, 39600 and 39612, Health and Safety Code.
s 90800.6. Fee Requirements for Fiscal Year 1995-96.
(a) No later than 180 days after the operative date of this section, each district identified below shall transmit the dollar amount specified below to the Board for deposit into the Air Pollution Control Fund. The amount transmitted shall be collected from facilities which are the holders of permits for sources which emitted 500 tons or more per year of any nonattainment pollutant or precursors during the period from January 1, 1993, through December 31, 1993, inclusive. The fees shall be in addition to permit and other fees already authorized to be collected from such sources. The fee to be charged shall be $17.75 per ton.
(1) Bay Area Air Quality Management District: nine hundred eighty-three thousand two hundred ninety-seven dollars ($983,297);
(2) Imperial County Air Pollution Control District: twenty-three thousand twenty-two dollars ($23,022);
(3) Kern County Air Pollution Control District (SEDAB): one hundred twelve thousand seven hundred forty-eight dollars ($112,748);
(4) Mojave Desert Air Quality Management District: three hundred twenty-two thousand six hundred seventy-seven dollars ($322,677);
(5) Monterey Bay Unified Air Pollution Control District: one hundred five thousand eight hundred seventy-nine dollars ($105,879);
(6) Sacramento Metropolitan Air Quality Management District: twenty-five thousand four hundred seventy-one dollars ($25,471);
(7) San Diego County Air Pollution Control District: one hundred thirteen thousand seven hundred ninety-five dollars ($113,795);
(8) San Joaquin Valley Unified Air Pollution Control District: three hundred eighty-five thousand eight hundred fifty dollars ($385,850);
(9) San Luis Obispo County Air Pollution Control District: ninety-one thousand five hundred fifty-five dollars ($91,555);
(10) Santa Barbara Air Pollution Control District: nine thousand two hundred eighty-three dollars ($9,283);
(11) South Coast Air Quality Management District: five hundred thirteen thousand six hundred fifty dollars ($513,650);
(12) Ventura County Air Pollution Control District: thirty-nine thousand six hundred eighty-nine dollars ($39,689);
(13) Amador County Air Pollution Control District.
Butte County Air Pollution Control District.
Calaveras County Air Pollution Control District.
Colusa County Air Pollution Control District.
El Dorado County Air Pollution Control District.
Feather River Air Quality Management District.
Glenn County Air Pollution Control District.
Great Basin Unified Air Pollution Control District.
Mariposa County Air Pollution Control District.
Mendocino County Air Pollution Control District.
Modoc County Air Pollution Control District.
North Coast Unified Air Quality Management District.
Northern Sierra Air Quality Management District.
Northern Sonoma County Air Pollution Control District.
Placer County Air Pollution Control District.
Shasta County Air Quality Management District.
Siskiyou County Air Pollution Control District.
Tehama County Air Pollution Control District.
Tuolumne County Air Pollution Control District.
Yolo-Solano Air Pollution Control District: zero dollars ($0).
(b) Emissions from facilities identified by the Air Resources Board on or before April 27, 1995, as having emitted 500 tons or more per year of any nonattainment pollutant or precursors during the period January 1, 1993, through December 31, 1993, shall be used to determine compliance with this regulation. Emissions from a facility are excluded from compliance with this regulation if the emissions from the facility would be subject to this regulation solely because the facility is in a district which is designated in section 60201 as not having attained the state ambient air quality standard for ozone solely as a result of ozone transport identified in section 70500, Title 17, California Code of Regulations.
(c) In addition to the amount cited in subsection (a) above, a district shall, for any facility identified after April 27, 1995, as having emitted 500 tons or more per year of any nonattainment pollutant or its precursors during the period from January 1, 1993, through December 31, 1993, transmit to the Board for deposit into the Air Pollution Control Fund seventeen dollars and seventy-five cents ($17.75) per ton of such pollutant or precursor.
Note: Authority cited: Sections 39600, 39601 and 39612, Health ands Safety Code. Reference: Sections 39002, 39500, 39600 and 39612, Health and Safety Code.
s 90800.7. Fee Requirements for Fiscal Year 1996-97.
(a) No later than 180 days after the operative date of this section, each district identified below shall transmit the dollar amount specified below to the Board for deposit into the Air Pollution Control Fund. The amount transmitted shall be collected from facilities which are the holders of permits for sources which emitted 500 tons or more per year of any nonattainment pollutant or precursors during the period from January 1, 1994, through December 31, 1994, inclusive. The fees shall be in addition to permit and other fees already authorized to be collected from such sources. The fee to be charged shall be $18.78 per ton.
(1) Bay Area Air Quality Management District: one million one hundred sixty-eight thousand three hundred ninety-eight dollars ($1,168,398);
(2) Imperial County Air Pollution Control District: nine thousand four hundred forty-six dollars ($9,446);
(3) Kern County Air Pollution Control District: eighty-seven thousand seven hundred forty dollars ($87,740);
(4) Mojave Desert Air Quality Management District: three hundred sixty-seven thousand three hundred thirty-seven dollars ($367,337);
(5) Monterey Bay Unified Air Pollution Control District: two hundred six thousand two hundred four dollars ($206,204);
(6) San Diego County Air Pollution Control District: eighty-two thousand seven hundred eighty-two dollars ($82,782);
(7) San Joaquin Valley Unified Air Pollution Control District: three hundred eighteen thousand ninety-six dollars ($318,096);
(8) San Luis Obispo County Air Pollution Control District: eighty-five thousand six hundred seventy-four dollars ($85,674);
(9) South Coast Air Quality Management District: four hundred seventy-five thousand two hundred eighty-four dollars ($475,284);
(10) Ventura County Air Pollution Control District: twenty-eight thousand six hundred two dollars ($28,602);
(11) Amador County Air Pollution Control District, Butte County Air Quality Management District, Calaveras County Air Pollution Control District, Colusa County Air Pollution Control District, El Dorado County Air Pollution Control District, Feather River Air Quality Management District, Glenn County Air Pollution Control District, Great Basin Unified Air Pollution Control District, Lake County Air Quality Management District, Lassen County Air Pollution Control District, Mariposa County Air Pollution Control District, Mendocino County Air Quality Management District, Modoc County Air Pollution Control District, North Coast Unified Air Quality Management District, Northern Sierra Air Quality Management District, Northern Sonoma County Air Pollution Control District, Placer County Air Pollution Control District, Sacramento Metropolitan Air Quality Management District, Santa Barbara County Air Pollution Control District, Shasta County Air Quality Management District, Siskiyou County Air Pollution Control District, Tehama County Air Pollution Control District, Tuolumne County Air Pollution Control District, Yolo/Solano Air Quality Management District: zero dollars ($0).
(b) Emissions from facilities identified by the Air Resources Board on or before April 25, 1996, as having emitted 500 tons or more per year of any nonattainment pollutant or precursors during the period January 1, 1994, through December 31, 1994, shall be used to determine compliance with this regulation. Emissions from a facility are excluded from compliance with this regulation if the emissions from the facility would be subject to this regulation solely because the facility is in a district which is designated in section 60201 as not having attained the state ambient air quality standard for ozone solely as a result of ozone transport identified in section 70500, Title 17, California Code of Regulations.
(c) In addition to the amount cited in subsection (a) above, a district shall, for any facility identified after April 25, 1996, as having emitted 500 tons or more per year of any nonattainment pollutant or its precursors during the period from January 1, 1994, through December 31, 1994, transmit to the Board for deposit into the Air Pollution Control Fund eighteen dollars and seventy-eight cents ($18.78) per ton of such pollutant or precursor.
Note: Authority cited: Sections 39600, 39601 and 39612, Health and Safety Code. Reference: Sections 39002, 39500, 39600 and 39612, Health and Safety Code.
s 90800.75. Operative Date.
The amendments to this subchapter filed with the Secretary of State on February 5, 2004 are operative on February 5, 2004.
Note: Authority cited: Sections 39600, 39601, 39612 and 39613, Health and Safety Code. Reference: Sections 39002, 39500, 39600, 39612 and 39613, Health and Safety Code.
s 90800.8. Fee Requirements for the 2003-2004 and Subsequent Fiscal Years.
(a) Applicability.
(1) This subchapter applies to:
(A) Any facility that emits 250 tons or more annually of any nonattainment pollutant or precursor, as provided in section 90800.8(c)(4), and
(B) Any consumer products or architectural coatings manufacturer for which the total sales of the manufacturer's consumer products or architectural coatings resulted in VOC emissions of 250 tons or more during a calendar year, as provided in section 90800.8(c)(5).
(2) 2003-2004 Fiscal Year.
(A) Notification to Districts, Facilities, Consumer Products Manufacturers, and Architectural Coatings Manufacturers. No later than 30 days after the operative date of this section, the Executive Officer shall provide written notice to each district, facility operator, consumer products manufacturer, and architectural coatings manufacturer of his/her 2003-2004 fiscal year fee determinations, as of July 24, 2003, for all of the items in section (c)(1) through (c)(7). The written notices may reflect modifications to the determinations based on information received by the Executive Officer after July 24, 2003, in which case the notices shall include a brief explanation of the modifications.
(B) Transmittal of the Fees to the State Board. Each facility operator, consumer products manufacturer, and architectural coatings manufacturer that is notified by the Executive Officer that it must remit a specified dollar amount to the state board for the 2003-2004 fiscal year shall transmit that dollar amount to the state board for deposit into the Air Pollution Control Fund within 60 days after receipt by the operator or manufacturer of the fee determination notice. The fees shall be in addition to permit and other fees already authorized to be collected from such sources.
(3) 2004-2005 and Subsequent Fiscal Years. Sections (b) through (e) apply for the 2004-2005 fiscal year and for any subsequent fiscal year in which the state board is authorized by state law to impose fees on nonvehicular sources, consumer products manufacturers, and architectural coatings manufacturers.
(4) Expenditure of Fees. The fees collected from facilities are to be expended by the state board only for the purposes of recovering costs of additional state programs related to nonvehicular sources. The fees collected from consumer products manufacturers and architectural coatings manufacturers are to be expended by the state board solely to mitigate or reduce air pollution in the state created by consumer products and architectural coatings.
(b) Submittal of Information by Districts. No later than April 1 of the preceding fiscal year, each district shall submit all of the information identified in section (c)(4) to the Executive Officer in writing.
(c) Preliminary Determination of Fees to be Assessed. No later than May 1 of the preceding fiscal year, the Executive Officer shall make preliminary determinations of all of the items in sections 90800.8(c)(1) through (c)(7) and 90805(b), and shall provide written notice of the preliminary determinations to each district and to each facility operator, consumer products manufacturer, and architectural coatings manufacturer identified in accordance with section (c)(4) or (c)(5). The notice shall state that written comments regarding the preliminary determinations received by the Executive Officer by July 1 of the fiscal year will be considered by the Executive Officer in reaching final determinations.
(1) Needed Revenues. Except as provided in section 90805, the revenues needed to recover the costs of the state board for additional state programs related to nonvehicular sources, consumer products, and architectural coatings in the fiscal year. The revenues shall not exceed the amount authorized by state law for any fiscal year, and for the 2003-2004 fiscal years shall not exceed the amount specified in subdivision (f)(1) of Health and Safety Code section 39612 or such other amount as specified by the State Legislature. For fiscal year 2004-2005 and subsequent fiscal years, the total revenues collected from facilities may include a percentage increase in revenues by an amount not to exceed the annual percentage change in the California Consumer Price Index, as provided in Health and Safety Code section 39612(f)(2), if such an increase is necessary to collect the revenues authorized by the State Legislature for any fiscal year.
(2) Adjustment Amount. An additional adjustment amount, not to exceed 3 percent of the needed revenues, designed to recover unforeseen reductions in collections due to unexpected business closures and bankruptcies.
(3) Carry-over Balance. The amount collected in the previous fiscal year in excess of or less than the needed revenues for that fiscal year.
(4)(A) Emissions of Facilities Subject to Fees. Except as otherwise provided in subsections (c)(4)(B) and (c)(4)(C), for each district, (1.) the name and address of each permitted facility that emitted 250 tons or more of any nonattainment pollutant or precursor during the most recent calendar year for which emission estimates are available for all affected districts and (2.) the total tons of each identified facility's emissions during the referenced calendar year of all nonattainment pollutants or precursors that were individually emitted by the facility in an amount of 250 tons or more in the year.
(B) For the South Coast Air Quality Management District (SCAQMD) only, the amount of each facility's emissions specified in subsection (c)(4)(A) shall be determined on a fiscal year instead of a calendar year basis. Emissions from facilities in the SCAQMD shall be determined for the fiscal year that begins during the most recent calendar year for which emission estimates are available for all affected districts. For example, if the 2001 calendar year is the most recent calendar year for which emission estimates are available for all affected districts, then all districts except the SCAQMD would identify facilities and submit facility emissions for the 2001 calendar year, and the SCAQMD would identify facilities and submit facility emissions for the 2001- 2002 fiscal year.
(C) A facility shall not be included if its emissions would otherwise be included solely because the facility is in a district which is designated in section 60201 as not having attained the state ambient air quality standard for ozone solely as a result of ozone transport identified in section 70500, title 17, California Code of Regulations.
(5) Consumer Products Manufacturers and Architectural Coatings Manufacturers Subject to Fees. Any consumer products or architectural coatings manufacturer for which the total sales of the manufacturer's consumer products or architectural coatings resulted in VOC emissions in the State of 250 tons or more during the same calendar year identified for facilities pursuant to section 90800.8(c)(4)(A).
(6) Fee per ton. The fee per ton for the fiscal year, calculated in accordance with the following formula:
Fee per ton = R + A -C E
Where
R = The needed revenues identified in accordance with section (c)(1)
A = The adjustment amount identified in accordance with section (c)(2)
C = Carry-over balance determined in accordance with section (c)(3)
E = The total tons of nonattainment pollutants or precursors individually emitted in annual amounts of 250 tons or more from all permitted facilities in the state identified in accordance with section (c)(4), plus the total tons of VOCs emitted in annual amounts of 250 tons or more from consumer products and architectural coatings sold in the state as identified in accordance with section (c)(5).
(7) Amount to be Remitted From Each Facility Operator, Consumer Products Manufacturer, or Architectural Coatings Manufacturer. The dollar amount to be transmitted to the state board, calculated in accordance with the following formula:
Amount to be transmitted = F * D
Where
F = Fee per ton as calculated in accordance with section (c)(6)
D = The tons of nonattainment pollutants or precursors individually emitted in annual amounts of 250 tons or more from a permitted facility identified in accordance with section (c)(4), or the tons of VOCs emitted in annual amounts of 250 tons or more for a manufacturer, as identified in accordance with section (c)(5)
(d) Final Determination of Fees to be Assessed. No later than August 1 of the fiscal year, after considering any comments submitted by July 1 of the fiscal year, the Executive Officer shall make final determinations of all of the items in section (c)(1) through (c)(7), and shall provide a written fee determination notice to each district and to each facility operator, consumer products manufacturer, and architectural coatings manufacturer identified in accordance with section (c)(4) or (c)(5).
(e) Transmittal of the Fees to the State Board.
(1) Each facility operator, consumer products manufacturer, and architectural coatings manufacturer that is notified pursuant to section (d) that it must remit a specified dollar amount to the state board shall transmit that dollar amount to the state board for deposit into the Air Pollution Control Fund within 60 days after receipt of the fee determination notice as specified in section 90802(a). The amount transmitted shall be collected by the state board from the facilities and manufacturers identified in the Executive Officer's final determination as meeting the criteria in section (c)(4) or (c)(5). The fees shall be in addition to permit and other fees already authorized to be collected from such sources.
(2)(A) Newly Identified Facilities: In addition to the amount transmitted in accordance with section (e)(1), the Executive Officer shall, for any facility identified by the Executive Officer as meeting the criteria in section (c)(4) after the Executive Officer's notification under section (d), notify the facility operator and collect for deposit into the Air Pollution Control Fund the dollar amount equal to the fee per ton calculated using the formula in section (c)(6) multiplied by the total tons of the facility's emissions, during the year used to determine emissions in accordance with section (c)(4), of all nonattainment pollutants or precursors that were individually emitted by the facility in an amount of 250 tons or more in the year. The operator of each newly identified facility shall transmit the assessed dollar amount to the state board within 60 days after receipt of the fee determination notice from the Executive Officer. The amount collected by the state board from the newly identified facility shall be in addition to permit and other fees already authorized to be collected from the facility.
(B) Newly Identified Manufacturers. The Executive Officer shall, for any consumer products manufacturer or architectural coatings manufacturer identified by the Executive Officer as meeting the criteria in section (c)(5) after the Executive Officer's notification under section (d), notify the consumer products manufacturer or architectural coatings manufacturer and collect for deposit into the Air Pollution Control Fund the dollar amount equal to the fee per ton calculated using the formula in section (c)(6) multiplied by the total tons of VOCs emitted from consumer products or architectural coatings sold by such manufacturer during the calendar year used to determine emissions in accordance with section (c)(5). Each newly identified manufacturer shall transmit the assessed dollar amount to the state board within 60 days after receipt of the fee determination notice from the Executive Officer. The amount collected by the state board from the newly identified manufacturer shall be in addition to permit and other fees already authorized to be collected from the manufacturer.
Note: Authority cited: Sections 39600, 39601, 39612 and 39613, Health and Safety Code. Reference: Sections 39002, 39500, 39600, 39612 and 39613, Health and Safety Code.
s 90800.9. Optional Process for Districts to Collect Fees from Facilities.
(a) Notwithstanding the provisions of sections 90800.8 and 90802, each district shall have the option for any fiscal year to collect fees from facilities within the district instead of having the state board collect the fees. A district that chooses to collect fees from facilities pursuant to this section shall follow the process set forth below in section 90800.9(b) or (c). For districts that do not choose to collect fees from facilities, the Executive Officer shall follow the process specified in sections 90800.8 and 90802. Districts shall not have the option to collect fees from consumer products manufacturers and architectural coatings manufacturers.
(b) 2003-2004 Fiscal Year.
(1) Notification. A district that chooses to collect fees from facilities for the 2003-2004 fiscal year shall notify the Executive Officer no later than 10 days after the operative date of this section. No later than 30 days after the operative date of this section, the Executive Officer shall provide written notice to each district and facility operator, as specified in section 90800.8(a)(2)(A).
(2) Collection and Transmittal of Fees to the State Board. Each facility operator notified under section 90800.8(a)(2)(A) shall transmit the specified dollar amount to the district within 60 days of notification. No later than 90 days after notification under section 90800.8(a)(2)(A), each district shall transmit the fees to the state board for deposit in the Air Pollution Control Fund. The amount transmitted shall be collected by the district from all facilities in the district that are identified in the Executive Officer's notification. The fees shall be in addition to permit and other fees already authorized to be collected from such sources. Districts shall assess late fees and may recover administrative costs for the 2003-2004 fiscal year as provided in sections 90800.9 (c)(3) and (c)(4).
(c) 2004-2005 and Subsequent Fiscal Years. A district that chooses to collect fees on facilities for the 2004-2005 fiscal year or any subsequent fiscal year shall notify the Executive Officer on or before April 1 of the preceding fiscal year, and the district and the Executive Officer shall follow the process set forth below in subsections (c)(1) through (c)(5).
(1) Notification to Districts by the Executive Officer. No later than May 1 of the preceding fiscal year, the Executive Officer shall notify the district of the preliminary determination of fees to be assessed on each facility as provided in section 90800.8(c). No later than August 1, of the fiscal year, the Executive Officer shall notify the district of the final determination of fees to be assessed on each facility as provided in section 90800.8(d).
(2) Notification to Facilities by the District. Each district shall notify and assess the operator of each facility subject to permit fees, as provided for in this subchapter, in writing of the fee due. The fee shall be past due 60 days after receipt by the operator of the fee determination notice.
(3) Late Fees. Each district shall assess an additional fee on operators failing to pay the fee within 60 days of receipt of the fee determination notice. The district shall set the late fee in an amount sufficient to pay the district's additional expenses incurred by the operator's untimely payment.
(4) Recovery of Administrative Costs. Each district may recover administrative costs to the district of collecting the fees pursuant to this subchapter. At the request of the Executive Officer, a district shall provide to the Executive Officer, within 30 days of the request, substantiation of administrative costs.
(5) Collection and Transmittal of Fees to the State Board. Each district that is notified pursuant to section 90800.9(c)(1) that it must remit a specified dollar amount to the state board shall transmit that dollar amount to the state board by January 1 of the fiscal year for deposit into the Air Pollution Control Fund. The amount transmitted shall be collected by the district from the facilities in the district that are identified in the Executive Officer's final fee determination as meeting the criteria in section 90800.8(c)(4). The fees shall be in addition to permit and other fees already authorized to be collected from such sources.
(d) Newly Identified Facilities. In addition to the amounts transmitted in accordance with section 90800.9(b)(2) and (c)(5), a district shall, for any facility identified by the Executive Officer as meeting the criteria in section 90800.8(c)(4) after the Executive Officer's notification under section 90800.8(a)(2)(A) or 90800.8(d), transmit to the state board for deposit into the Air Pollution Control Fund the dollar amount equal to the fee per ton calculated using the formula in section 90800.8(c)(6) multiplied by the total tons of the facility's emissions, during the year used to determine emissions in accordance with section 90800.8(c)(4), of all nonattainment pollutants or precursors that were individually emitted by the facility in an amount of 250 tons or more in the year. The operator of each newly identified facility shall transmit the assessed dollar amount to the district within 60 days after receipt of the fee determination notice from the Executive Officer. The amount transmitted shall be collected by the district from the newly identified facility, and shall be in addition to permit and other fees already authorized to be collected from the facility. The district shall transmit any fees received from the facility to the state board by January 1 of the fiscal year, or, for fees received by the district on or after December 31, within 30 days after receiving the fees from the facility.
Note: Authority cited: Sections 39600, 39601, 39612 and 39613, Health and Safety Code. Reference: Sections 39002, 39500, 39600, 39612 and 39613, Health and Safety Code.
s 90801. Definitions.
For the purposes of this subchapter, the following definitions apply: (continued)