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(continued)
(a) "Architectural Coating" means a coating to be applied to stationary structures or their appurtenances at the site of installation, to portable buildings at the site of installation, to pavements, or to curbs. Coatings applied in shop applications or to non-stationary structures such as airplanes, ships, boats, railcars, and automobiles, and adhesives are not considered architectural coatings for the purposes of this subchapter.
(b) "Architectural Coatings Manufacturer" means: (1) any company or person that imports, manufactures, produces, packages, or repackages architectural coatings for sale or distribution in the State of California; and (2) for an architectural coatings manufacturer under the control of a holding or parent company, the holding or parent company.
(c) "Company" means any firm, association, partnership, business trust, corporation, joint-stock company, limited liability company, or similar organization.
(d) "Consumer Product" means a chemically formulated product used by household and institutional consumers including, but not limited to, detergents; cleaning compounds; polishes; floor finishes; cosmetics; personal care products; home, lawn, and garden products; disinfectants; sanitizers; aerosol paints; and automotive specialty products; but does not include other paint products, furniture coatings, or architectural coatings. As used in this subchapter, the term "consumer product" shall also refer to aerosol adhesives, including aerosol adhesives used for consumer, industrial, and commercial uses.
(e) "Consumer Products Manufacturer" means: (1) any company, firm, or establishment which is listed on a consumer product's label; if the label lists two companies, firms, or establishments, the consumer products manufacturer is the party which the product was "manufactured for" or "distributed by", as noted on the label; and (2) for a consumer products manufacturer under the control of a holding or parent company, the holding or parent company.
(f) "District" means an air pollution control district or an air quality management district created or continued in existence pursuant to Part 3 (commencing with section 40000), Division 26, Health and Safety Code.
(g) "Executive Officer" means the Executive Officer of the state board or his or her delegate.
(h) "Facility" means any nonvehicular source which requires a permit from the district.
(i) "Holding or parent company" means any company that has control over another company. For the purposes of this subchapter, a company has control over another company if:
(1) the company directly or indirectly or acting through one or more other persons owns, controls, or has power to vote more than 50 percent of the voting securities of the other company; or
(2) the company controls in any manner the election of a majority of the directors or trustees or individuals exercising similar functions of the other company; or
(3) the company has the power to exercise, directly or indirectly, a controlling influence over the management or policies of the other company.
(j) "Nonattainment pollutant" means any substance for which an area is designated in Sections 60200-60209 as not having attained a state ambient air quality standard listed in section 70200, Title 17, California Code of Regulations, as of July 1 of the fiscal year for which fees are being collected.
(k) "Nonattainment pollutants and precursors" shall be defined as follows:
Substance
(as listed in Section 70200, nonattainment
Title 17, CCR): pollutant/precursor:
Ozone reactive organic gases
oxides of nitrogen
Sulfur Dioxide oxides of sulfur
Sulfates oxides of sulfur
Nitrogen Dioxide oxides of nitrogen
Carbon Monoxide carbon monoxide
Suspended Particulate suspended particulate
Matter (PM [FN10])) matter (PM [FN10]),
oxides of nitrogen,
oxides of sulfur
reactive organic gases
Visibility Reducing suspended particulate matter (PM [FN10]),
Particles oxides of nitrogen, oxides of sulfur
reactive organic gases
Hydrogen Sulfide hydrogen sulfide
Lead lead
(l) "Nonattainment precursor" means any substance which reacts in the atmosphere to contribute to the production of a nonattainment pollutant or pollutants in an area designated in sections 60200-60209 as not having attained a state ambient air quality standard listed in section 70200, Title 17, California Code of Regulations, as of July 1 of the fiscal year for which fees are being collected.
(m) "Operator" means the person who owns or operates a facility or part of a facility.
(n) "Volatile Organic Compound" or "VOC" means any compound containing at least one atom of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, and excluding the following:
(1) methane, methylene chloride (dichloromethane), 1,1,1-trichloroethane (methyl chloroform), trichlorofluoromethane (CFC-11), dichlorodifluoromethane (CFC-12), 1,1,2-trichloro-1,2,2-trifluoroethane (CFC-113), 1,2-dichloro-1,1,2,2-tetrafluoroethane (CFC-114), chloropentafluoroethane (CFC-115), chlorodifluoromethane (HCFC-22), 1,1,1-trifluoro-2,2-dichloroethane (HCFC-123), 1,1-dichloro-1-fluoroethane (HCFC-141b), 1-chloro-1,1-difluoroethane (HCFC-142b), 2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124), trifluoromethane (HFC-23), 1,1,2,2-tetrafluoroethane (HFC-134), 1,1,1,2-tetrafluoroethane (HFC-134a), pentafluoroethane (HFC-125), 1,1,1-trifluoroethane (HFC-143a), 1,1- difluoroethane (HFC-152a), cyclic, branched, or linear completely methylated siloxanes, the following classes of perfluorocarbons:
(A) cyclic, branched, or linear, completely fluorinated alkanes;
(B) cyclic, branched, or linear, completely fluorinated ethers with no unsaturations;
(C) cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations; and
(D) sulfur-containing perfluorocarbons with no unsaturations and with the sulfur bonds to carbon and fluorine; and
(2) the following low-reactive organic compounds which have been exempted by the U.S. EPA: acetone, ethane, methyl acetate, parachlorobenzotrifluoride (1- chloro-4-trifluoromethyl benzene), and perchloroethylene (tetrachloroethylene).
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 90802. Fee Payment and Collection.
(a) The Executive Officer shall notify and assess the operator of each facility, each consumer products manufacturer, and each architectural coatings manufacturer subject to fees, in writing of the fee due as provided in subsections (a)(2), (c), (d), and (e)(2) of section 90800.8. At the request of a holding or parent company, the Executive Officer shall provide separate written notice of their individual fee determinations to each consumer products or architectural coatings manufacturer within the holding or parent company. The fee shall be past due 60 days after receipt by the operator or manufacturer of the fee determination notice.
(b) Late Fees. The Executive Officer shall assess an additional fee on operators, consumer products manufacturers, and architectural coatings manufacturers failing to pay the fee within 60 days of receipt of the fee determination notice. The Executive Officer shall set the late fee in an amount sufficient to pay the state board's additional expenses incurred by the operator's or manufacturer's untimely payment.
(c) Any fees submitted to the state which exceed or are less than the costs to the state of additional state programs authorized or required by the State Legislature shall be carried over by the state for adjustments to the fees assessed in the subsequent fiscal year.
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 90803. Failure of Facility to Pay Fees.
For districts exercising the option to collect fees as provided in sections 90800.9 or 90805, in the event any district is unable to collect the assessed fee from any source due to circumstances beyond the control of the district, including but not limited to facility closure, emission qualification errors, or refusal of the operator to pay despite permit revocation and/or other enforcement action, such district shall notify the Executive Officer. For demonstrated good cause, the district may be relieved from that portion of the fees the district is required to collect and remit to the state as set forth in sections 90800.8 and 90800.9. Nothing herein shall relieve the operator from any obligation to pay any fees assessed pursuant to these regulations.
Note: Authority cited: Section 39600, 39601, 39612 and 39613, Health and Safety Code. Reference: Sections 39002, 39500, 39600, 39612 and 39613, Health and Safety Code.
s 90804. Severability.
Each part of this subchapter is deemed severable, and in the event that any part of this subchapter is held to be invalid, the remainder of this subchapter shall continue in full force and effect.
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 90805. Supplemental Fee Assessments for Facilities.
(a) Applicability. This section applies in any fiscal year in which the State Legislature has authorized the state board to collect fees in excess of $17.4 million to recover the costs of additional state programs related to nonvehicular sources, consumer products, and architectural coatings.
(b) Determination of Supplemental Fees to be Assessed
(1) Needed Supplemental Fees. The Executive Officer shall determine the needed revenues as specified in section 90800.8(c)(1). If the needed revenues are equal to or less than $17.4 million, the revenues shall be collected from facilities, consumer products manufacturers, and architectural coatings manufacturers as provided in sections 90800.8 to 90803. If the needed revenues are in excess of $17.4 million, the amount in excess of $17.4 million shall be collected as supplemental fees from facilities, as provided in the following subsections. The total revenues collected from facilities pursuant to this subchapter:
(A) shall not exceed the amount authorized by Health and Safety Code section 39612(f) or other provisions of State law, and
(B) 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 supplemental fee revenues, designed to recover unforeseen reductions in collections due to unexpected business closures and bankruptcies.
(3) Carry-over Balance. The amount of supplemental fees collected in the previous fiscal year in excess of or less than the needed supplemental fee revenues for that fiscal year.
(4) Emissions of Facilities Subject to Supplemental Fees. Any facility identified in section 90800.8(c)(4) is subject to the supplemental fee. The total emissions of each facility subject to the fee shall be determined as provided in section 90800.8(c)(4).
(5) Supplemental Fee per ton. The supplemental fee per ton for the fiscal year shall be calculated in accordance with the following formula:
Supplemental Fee per ton = S + A - C SE
Where
S = The needed supplemental fee revenues identified in accordance with section 90805(b)(1).
SE = 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 90800.8(c)(4).
A = The adjustment amount identified in accordance with
section (b)(2).
C = Carry-over balance determined in accordance with
section (b)(3).
(6) Supplemental Fee Amount to be Remitted from each Facility Operator. The dollar amount to be transmitted to the state board, in addition to the amount remitted under section 90800.8(c)(7), shall be calculated in accordance with the following formula:
Amount to be transmitted = SF * SD
Where
SF = Fee per ton as calculated in accordance with
section 90805(b)(5).
SD = 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 90800.8(c)(4).
(c) Preliminary and Final Determination of Supplemental Fees to be Assessed.
(1) The Executive Officer shall make a preliminary determination of the supplemental fees to be assessed as specified in section 90800.8(c).
(2) The Executive Officer shall make a final determination of the supplemental fees to be assessed as specified in section 90805(b), and shall provide a written final fee determination notice to each district and to each facility operator identified in accordance with section 90800.8(c)(4).
(3) The Executive Officer may include the preliminary and final supplemental fee determinations in the written notices provided under sections 90800.8(c) and 90800.8(d), or may use separate notices for the supplemental fees.
(4) For the 2004-2005 fiscal year, the Executive Officer is not required to provide a preliminary determination notice for the supplemental fees, and the final supplemental fee determination notice shall be provided no later than 30 days after the operative date of this section. For the 2005-2006 and subsequent fiscal years, the fee determination notices shall be provided within the time periods specified in sections 90800.8(c) and 90800.8(d), or as soon thereafter as practicable.
(d) Transmittal of the Supplemental Fees to the State Board
(1) Each facility operator that is notified pursuant to section 90805(c) 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. The supplemental fees shall be in addition to any other fees already authorized to be collected from such sources, including the fees collected pursuant to sections 90800.8 and 90802.
(2) Newly Identified Facilities. Newly identified facilities are subject to the supplemental fees in the same manner that they are subject to the fees collected pursuant to sections 90800.8(e)(2)(A) and 90802. The Executive Officer shall collect the supplemental fees using the process for newly identified facilities specified in section 90800.8(e)(2)(A). 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.
(e) Optional Process for Districts to Collect Supplemental Fees from Facilities
(1) 2004-2005 Fiscal Year. Districts shall not have the option to collect supplemental fees from facilities for the 2004-2005 fiscal year.
(2) 2005-2006 and Subsequent Fiscal Years. Beginning with the 2005-2006 fiscal year, each district shall have the option for any fiscal year to collect supplemental fees from facilities instead of having the state board collect the fees. A district that chooses to collect the supplemental fees shall follow the process specified in section 90800.9(c) and (d) for fees collected pursuant to sections 90800.8 and 90802.
(f) Fee Payment and Collection.
(1) The Executive Officer shall notify and assess the operator of each facility subject to the supplemental fees in writing of the fee due as provided in this section. The fee shall be past due 60 days after receipt by the operator of the fee determination notice.
(2) Late Fees. The Executive Officer shall assess an additional fee on operators failing to pay the supplemental fee within 60 days of receipt of the fee determination notice. The Executive Officer shall set the late fee in an amount sufficient to pay the state board's additional expenses incurred by the operator's untimely payment.
(3) Any supplemental fees submitted to the state which exceed or are less than the costs to the state of additional state programs authorized or required by the State Legislature shall be carried over by the state for adjustment to the supplemental fees assessed in the subsequent fiscal year.
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 90806. Compliance with State Legislature Modifications.
(a) If the State Legislature in any fiscal year specifies particular amounts or percentages that are to be collected from the categories of nonvehicular sources, consumer products, or architectural coatings, the Executive Officer shall comply with the Legislature's direction notwithstanding the provisions of this subchapter.
(b) If the State Legislature modifies the 250 tons per year threshold specified in section 39612(d) or section 39613 of the Health and Safety Code, the modified threshold for nonvehicular sources, consumer products, or architectural coatings that is specified by the State Legislature shall be used in this subchapter instead of the existing 250 tons per year threshold.
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 91000. Scope and Purpose.
This subchapter shall apply to all requests to the state board under the California Public Records Act (Government Code Sections 6250 et seq.) for the disclosure of public records or for maintaining the confidentiality of data received by the state board. Written guidelines shall govern the internal review of such requests.
Note: Authority cited: Sections 39600 and 39601(a), Health and Safety Code. Reference: California Public Records Act, Chapter 3.5 (commencing with Section 6250), Division 7, Government Code.
s 91001. Disclosure Policy.
It is the policy of the state board that all records not exempted from disclosure by state law shall be open for public inspection with the least possible delay and expense to the requesting party.
Note: Authority cited: Sections 39600 and 39601(a), Health and Safety Code. Reference: Section 6253, Government Code; Black Panther Party v. Kehoe (1974) 42 Cal.App.3d 645.
s 91010. Request Procedure.
The state board shall give notice to any person from whom it requests information that the information provided may be released (1) to the public upon request, except trade secrets which are not emission data or other information which is exempt from disclosure or the disclosure of which is prohibited by law, and (2) to the federal Environmental Protection Agency, which protects trade secrets as provided in Section 114(c) of the Clean Air Act and amendments thereto (42 USC 7401 et seq.) and in federal regulations.
Note: Authority cited: Sections 39600, 39601 and 39602, Health and Safety Code. Reference: Sections 39701, 41510, 41511, 41512 and 42705, Health and Safety Code; and Section 6253, Government Code.
s 91011. Submissions of Confidential Data.
Any person submitting to the state board any records containing data claimed to be "trade secret" or otherwise exempt from disclosure under Government Code Section 6254 or 6254.7 or under other applicable provisions of law shall, at the time of submission, identify in writing the portions of the records containing such data as "confidential" and shall pro vide the name, address and telephone number of the individual to be contacted if the state board receives a request for disclosure of or seeks to disclose the data claimed to be confidential. Emission data shall not be identified as confidential. The state board shall not disclose data identified as confidential, except in accordance with the requirements of this subchapter or Section 39660(e) of the Health and Safety Code.
Note: Authority cited: Sections 39600 and 39601, Heath and Safety Code. Reference: Sections 39660, 39701, 41500, 41511, 41512 and 42705, Health and Safety Code; Sections 6253, 6254 and 6254.7, Government Code; Natural Resources Defense Council v. EPA, 489 F.2d 390 (5th Cir. 1974) (6 ERC 1248); Northern California Police Practices Project v. Craig (1979) 90 Cal.App.3d 116; Uribe v. Howie (1971) 19 Cal.App.3d 194.
s 91020. Disclosure Policy.
s 91021. Disclosure Procedure.
Note: Authority cited: Section 39601, Health and Safety Code. Reference: Sections 6253-6257, Government Code.
s 91022. Disclosure of Confidential Data.
(a) This section shall apply to all data in the custody of the state board
(1) designated "trade secret" prior to the adoption of this subchapter,
(2) considered by the state board or identified by the person who submitted the data as confidential pursuant to this subchapter, or
(3) received from a federal, state or local agency, including an air pollution control district, with a confidential designation, subject to the following exceptions:
(A) Except for the time limits specifically provided in subsection (b), only subsections (c) and (d) of this section shall apply to information submitted pursuant to Health and Safety Code Section 39660(e).
(B) Appropriate portions of an application for approval, accreditation, or certification of a motor vehicle emission control device or system shall be kept confidential until such time as the approval, accreditation, or certification is granted, at which time the application (except for trade secret data) shall become a public record, except that estimates of sales volume of new model vehicles contained in an application shall be kept confidential for the model year, and then shall become public records. If an application is denied, it shall continue to be confidential but shall be subject to the provisions of this section.
(C) If disclosure of data obtained after August 9, 1984 from a state or local agency subject to the provisions of the Public Records Act is sought, the state board shall request that the agency which provided the data determine whether it is confidential. The state board shall request that it be notified of the agency's determination within ten days. The state board shall not release the data if the agency determines that it is confidential and so notifies the state board; provided, however, that the data may be released with the consent of the person who submitted it to the agency from which it was obtained by the state board.
(b) Upon receipt of a request from a member of the public that the state board disclose data claimed to be confidential or if the state board itself seeks to disclose such data, the state board shall inform the individual designated pursuant to Section 91011 by telephone and by mail that disclosure of the data is sought. The person claiming confidentiality shall file with the state board documentation in support of the claim of confidentiality. The documentation must be received within five (5) days from the date of the telephone contact or of receipt of the mailed notice, whichever first occurs. In the case of information submitted pursuant to Health and Safety Code Section 39660(e), the documentation must be received within 30 days of the date notice was mailed pursuant to that section. The deadlines for filing the documentation may be extended by the state board upon a showing of good cause made within the deadline specified for receipt of the documentation.
(c) The documentation submitted in support of the claim of confidentiality shall include the following information:
(1) the statutory provision(s) under which the claim of confidentiality is asserted;
(2) a specific description of the data claimed to be entitled to confidential treatment;
(3) the period of time for which confidential treatment is requested;
(4) the extent to which the data has been disclosed to others and whether its confidentiality has been maintained or its release restricted;
(5) confidentiality determinations, if any, made by other public agencies as to all or part of the data and a copy of any such determinations, if available; and
(6) whether it is asserted that the data is used to fabricate, produce, or compound an article of trade or to provide a service and that the disclosure of the data would result in harmful effects on the person's competitive position, and, if so, the nature and extent of such anticipated harmful effects.
(d) Documentation, as specified in subsection (c), in support of a claim of confidentiality may be submitted to the state board prior to the time disclosure is sought.
(e) The state board shall, within ten (10) days of the date it sought to disclose the data or received the request for disclosure, or within 20 days of that date if the state board determines that there are unusual circumstances as defined in Government Code Section 6256.1, review the request, if any, and supporting documentation, if received within the time limits specified in subsection (b) above, including any extension granted, and determine whether the data is entitled to confidential treatment pursuant to Government Code Section 6254, 6255 or 6254.7 or other applicable provisions of law and shall either:
(1) decline to disclose the data and, if a request was received, provide to the person making the request and to the person claiming the data is confidential a justification for the determination pursuant to Government Code Section 6255; or
(2) provide written notice to the person claiming the data is confidential and, if a request was received, to the person requesting the data that it has determined that the data is subject to disclosure, that it proposes to disclose the data, and that the data shall be released 21 days after receipt of the notice by the person claiming confidentiality, unless the state board is restrained from so doing by a court of competent jurisdiction. The state board shall release the data in accordance with the terms of the notice unless so restrained.
(f) Should judicial review be sought of a determination issued in accordance with subsection (e), either the person requesting data or the person claiming confidentiality, as appropriate, may be made a party to the litigation to justify the determination.
Note: Authority cited: Section 39601, Health and Safety Code. Reference: Sections 6253, 6254, 6254.7, 6255, 6256, 6256.1, 6258 and 6259, Government Code.
s 91100. Emission Data and Sampling Access.
The Executive Officer of the Air Resources Board (State Board) or his or her authorized representative may, upon reasonable written notice, require the owner or operator of any substance, article, machine, equipment, or other contrivance, the use of which may cause the issuance of air contaminants, or the use of which may eliminate, reduce or control the issuance of air contaminants, to:
(a) Provide the State Board with descriptions of basic equipment, control equipment and rates of emissions. Where this information does not provide sufficient data for the State Board to carry out the purposes of Division 26 of the Health and Safety Code, or where such information is in question, the Executive Officer or his or her authorized representative may require such other additional information as may be necessary, including process and production data, techniques and flow diagrams.
(b) Provide sampling platforms, sampling ports, and means of access to sampling locations.
(c) Provide and maintain sampling and monitoring apparatus to measure emissions or air contaminants when the Executive Officer or his or her authorized representative has determined that such apparatus is available and should be installed.
Note: Authority cited: Sections 39515, 39516, 39600, 39601 and 41511, Health and Safety Code. Reference: Section 41511, Health and Safety Code.
s 91105. Credentials for Entry.
Note: Authority cited: Section 39601(a), Health and Safety Code. Reference: Section 41510, Health and Safety Code.
s 91200. Scope and Policy; Definition.
(a) The fee schedules in this Subchapter shall not supersede or preempt any rule or regulation of any air pollution control district governing fees for source testing.
(b) The following definitions apply for the purposes of this subchapter only.
(1) "Source" means (i) any permit unit, article, machine, equipment or other contrivance which may cause the issuance of air contaminants; or (ii) any substance, such as fuel or an architectural coating, the content, characteristics, manufacture, sale, distribution or use of which is restricted by any State or local law, rule, regulation or order relating to air pollution.
(2) "Responsible party" means (i) in reference to sources defined in subsection (b)(1)(i) of this section, the owner, operator, or user of a source; or (ii) in reference to sources defined in subsection (b)(1)(ii) of this section, the manufacturer who produced the substance in its entirety, the user of the substance, or any seller or offer or for sale of the substance.
(3) "Independent tester" means a person, other than an employee of the State Board, who engages in the testing of sources to determine compliance with State or local laws or regulations relating to air pollution.
(4) "Executive Officer" means the Executive Officer of the State Board or his or her authorized representative.
Note: Authority cited: Sections 39600, 39601 and 41512, Health and Safety Code. Reference: Sections 41510, 41511 and 41512, Health and Safety Code.
s 91201. Source Testing Fee Schedule.
(a) Whenever the Executive Officer finds that it is necessary to determine compliance of any source with permit conditions or with any State or local law, order, rule, or regulation relating to air pollution, including confirmation of the reliability, accuracy and precision of any in-stack monitoring equipment, he or she may require the testing of such source by qualified personnel of the State Board, by an independent contractor to the State Board, or by an independent tester specified by the responsible party upon approval by the Executive Officer.
(b) For testing conducted by the State Board's personnel or an independent contractor to the Board, the responsible party shall pay a fee in accordance with the following schedule to cover the cost of planning, preliminary evaluation, sampling, sample analysis, calculations, and report preparation with respect to samples of emissions secured from the source. The fees listed in the schedule shall be the maximum fees and shall be reduced by the Executive Officer if the actual cost to conduct a specific test is less. Fees for any compliance test not listed in the schedule shall be determined by the Executive Officer based on the cost to conduct the test.
Estimated Costs to Perform Source Tests and Other Special Tests [FN1]
Type of Test Fee
Continuous Analyzer Gaseous Emissions Test [FN1] with
Van................................................. $1,620.00 plus
$55.00/hour
Non-continuous Emission Testing [FN1] ................ 1,230.00 plus specific
sample
fee listed below
Particulate Matter Test............................. 230.00/sample
Sulfur Dioxide Test................................. 145.00/sample
Sulfuric Acid Mist (including sulfur trioxide) and
Sulfur Dioxide Test................................. 205.00/sample
Oxides of Nitrogen Test............................. 90.00/sample
Hydrogen Sulfide Test............................... 120.00/sample
Fluorides Test...................................... 400.00/sample
Carbon Monoxide Test................................ 70.00/sample
Total Hydrocarbon Test.............................. 60.00/sample
Gas Chromatographic Analysis of Unknown 110.00/sample
Pollutants..........................................
Vinyl Chloride Test................................. 100.00/sample
Reid Vapor Pressure Test.............................. 45.00/test
Ambient Vinyl Chloride Test........................... 100.00/sample
Visible Emission Evaluation Test...................... 450.00/evaluation
Particulate Fallout Testing........................... 75.00/sample
Floating Roof Tank Inspection......................... 185.00/inspection
Vapor Recovery System Inspection...................... 70.00-2,170.00/inspect-
ion
Valve and Flange Leak Test............................ 1.75/test
Laboratory Fuel Analysis
Carbon, Hydrogen, Nitrogen and Sulfur............... 30.00/sample
Ash................................................. 75.00/sample
Density............................................. 60.00/sample
Heat Content........................................ 180.00/sample
Water............................................... 75.00/sample
Asphaltenes......................................... 75.00/sample
Distillation........................................ 50.00/sample
Metals.............................................. 295.00/sample
Bromine Number...................................... 50.00/sample
Lead................................................ 15.00/sample
Other Laboratory Analysis
Water, Volatile Organic Compounds and Density 50.00/sample
(paints)............................................
Methane............................................. 40.00/sample
Total Hydrocarbon................................... 30.00/sample
Hydrocarbons (with one to nine carbons)............. 55.00/sample
Molecular Weight Determination of Vapor 75.00/sample
Hydrocarbons........................................
Molecular Weight Determination of Liquid 50.00/sample
Hydrocarbons........................................
Hydrogen Sulfide.................................... 30.00/sample
Percent Water....................................... 30.00/sample
Asbestos (air filter sample)........................ 444.00/sample
Particle Size Distribution Optical Microscopy....... 148.00/sample
Particle Size Distribution Electron Microscopy...... .296.00/sample
[FN1] Source test fees may also include additional cost of laboratory analysis as required.
Notes:
Note: Authority cited: Sections 39600, 39601 and 41512, Health and Safety Code. Reference: Sections 41510, 41511 and 41512, Health and Safety Code.
s 91202. Additional Testing.
(a) Where test results indicate that a source is in compliance with permit conditions or with any State or local law, order, rule or regulation relating to air pollution, the responsible party shall be assessed the applicable fees in Section 91201 only once per each 12-month period. This limitation shall not restrict the State Board from conducting additional testing at its own expense. The Executive Officer may assess fees for multiple testing, or for multiple samples, where the same is necessary to determine compliance.
(b) If the test results indicate that the specific source tested is not in compliance with permit conditions or with any State or local law, order, rule, or regulation relating to air pollution, the Executive Officer may require such additional source tests as may be necessary and may also exclude use of an independent tester for such additional tests. In such event, the responsible party shall pay for each additional test in accordance with the schedule of fees set forth in Section 91201 until compliance is achieved and confirmed.
Note: Authority cited: Sections 39600, 39601 and 41512, Health and Safety Code. Reference: Sections 41510, 41511 and 41512, Health and Safety Code.
s 91203. Fee Payment.
(a) After completion of testing conducted by the State Board directly or by a contractor to the State Board, the responsible party shall be notified by the Accounting Office of the State Board, in writing, of the fees to be paid for such tests and of preliminary results. The failure to pay any such fee within 30 days of the receipt of the notice shall constitute grounds for the revocation or suspension of the permit to operate the equipment tested. The Executive Officer may request the district air pollution control officer to revoke or suspend any permit until the required fees are paid, in accordance with Health and Safety Code Sections 42304-42309.
(b) The responsible party shall be entitled to receive a copy of the source test results, if the testing was conducted by the State Board or an independent contractor to the State Board, as soon as such test results have been verified and finalized.
Note: Authority cited: Sections 39600, 39601 and 41512, Health and Safety Code. Reference: Sections 41510, 41511 and 41512, Health and Safety Code.
s 91204. Financial Hardship Exemption.
(a) The responsible party may petition the Executive Officer, no later than 30 days after receipt of the fee notice described in Section 91203, to be excused from payment of fees, or a portion of such fees, on the grounds that payment of such fees would cause a demonstrable financial hardship.
(b) For the purposes of this Section, a demonstrable financial hardship shall consist of such evidence as is capable of demonstrating that full payment will prevent the responsible party from meeting other financial obligations as they come due, or will cause the taking of property or the practical closing and eliminating of a lawful business.
(c) Based on the evidence provided, the Executive Officer may exempt the responsible party from payment of all or a portion of the fees otherwise required under Section 91203.
Note: Authority cited: Sections 39600, 39601 and 41512, Health and Safety Code. Reference: Sections 41510, 41511 and 41512, Health and Safety Code.
s 91205. Small Business.
(a) A small business shall not be required to pay any fees otherwise applicable under Section 91201. A "small business," for the purposes of this section, shall be as defined in subsection (1), Section 1896, Title 2 of the California Administrative Code.
(b) Any responsible party who desires to establish eligibility for non-payment of fees pursuant to subsection (a) shall do so by filing a written statement, under penalty of perjury, that the business is a small business, as defined.
Note: Authority cited: Sections 39600, 39601 and 41512, Health and Safety Code. Reference: Sections 41510, 41511 and 41512, Health and Safety Code.
s 91206. Request for Independent Tester.
(a) By August 1, 1981, or by June 1 of any year thereafter, any responsible party who seeks to have compliance testing performed by an independent tester for the following fiscal year shall inform the Executive Officer in writing of this desire. If no such request is made, then compliance testing for the fiscal year may be conducted by the Executive Officer or by an independent contractor to the State Board.
(b) All requests for an independent tester shall include the name(s) of the independent testers, the type of source or sources to be tested, the type of test or tests to be performed, and a statement by the responsible party that it will comply with the requirements of Sections 91208-91212 of this subchapter and that the designated independent tester has agreed to perform any necessary source testing.
(c) Independent testers shall in all cases be subject to approval by the Executive Officer.
(d) At any time a responsible party which has previously designated an approved independent tester pursuant to subsection (a) of this section may apply for the substitution, addition or removal of a designation of an independent tester. No such change shall be effective for at least 60 days following the application.
(e) The Executive Officer may compliance test any source and charge a fee to the responsible party for the cost of such test, notwithstanding a request for an independent tester, if any of the following conditions prevail:
(1) The responsible party has not designated an independent tester to the Executive Officer by August 1, 1981 or by June 1 for any year thereafter.
(2) The Executive Officer has found the designated independent tester(s) non-approvable.
(3) The designated independent tester has not timely submitted information requested by the Executive Officer pursuant to Section 91207(a).
(4) A violation has been found by the most recent source test conducted within a year prior to the proposed current source test; provided, however, that such restriction shall only apply for the specific source found in violation.
(5) The Executive Officer has determined that other good cause exists to deny the request.
Note: Authority cited: Sections 39600, 39601 and 41512, Health and Safety Code. Reference: Sections 41510, 41511 and 41512, Health and Safety Code.
s 91207. Approval of Independent Testers.
(a) Independent testers may be approved for performing any of the tests listed in Section 91201 of this subchapter or such other tests as deemed appropriate by the Executive Officer to determine compliance of a source with applicable laws and rules. Such approval can be accomplished by a potential tester's writing the Executive Officer and specifying the test(s) for which approval is sought. The potential tester shall then provide any necessary data requested by the Executive Officer which can substantiate the potential tester's qualifications for performing the noted test(s).
(b) Approval of an independent tester may be withdrawn at any time if the approved tester fails to comply with the requirements specified in Sections 91215-91218 of this subchapter or fails to provide the type and quality of data required by the Executive Officer.
(c) Upon disapproval or withdrawal of approval of an independent tester, the Executive Officer shall send by certified mail a written statement of the reasons for such action to the independent tester, and to any responsible party requesting or using such tester.
(d) An independent tester may request reconsideration of the decision of the Executive Officer to disapprove or withdraw approval of such tester. The request must be received by the Executive Officer within 30 days after mailing the written statement described in subsection (c), and shall contain all evidence the independent tester asserts justifies reconsideration. The Executive Officer may rescind the disapproval or withdrawal if he or she determines that the independent tester satisfies the applicable requirements of this subchapter. A written statement of the reasons for the Executive Officer's decision shall be transmitted in accordance with subsection (c) of this section.
Note: Authority cited: Sections 39600, 39601 and 41512, Health and Safety Code. Reference: Sections 41510, 41511 and 41512, Health and Safety Code.
s 91208. Conflict of Interest.
(a) An independent tester shall not be allowed to conduct a compliance source test pursuant to this subchapter if:
(1) It is owned in whole or in part by the responsible party of the source; or
(2) In the 12 months preceding the test, the independent tester has received gross income from the responsible party, other than as a result of source test contracts entered into pursuant to this subchapter, in excess of $100,000, or in excess of ten percent of the independent tester's gross annualized revenues; provided that for the purpose of this subsection, "independent tester" and "responsible party" shall include any entity under common ownership with such tester or party; or
(3) The independent tester manufactured or installed any emission control device or monitor utilized in connection with the specific source to be tested.
(b) An independent tester shall not utilize in a compliance test pursuant to this subchapter any employee or agent who holds a direct or indirect investment in the responsible party of the source of $1,000 or more, or who has directly received in the previous 12 months income in excess of $250 from the responsible party of the source, or who is a director, officer, partner, employee, trustee, or holds any position of management in the responsible party of the source.
(c) If the Executive Officer determines that a compliance source test administered pursuant to this subchapter was not conducted in accordance with the provisions of this section, he or she may invalidate the results of the test and the tester may be subject to disqualification from further testing on the Board's behalf.
Note: Authority cited: Sections 39600, 39601 and 41512, Health and Safety Code. Reference: Sections 41510, 41511 and 41512, Health and Safety Code.
s 91209. Pretest Inspection Right of Entry.
The responsible party which has requested testing by an independent tester must allow entry to both authorized representatives of the independent tester and authorized representatives of the Executive Officer for the purpose of conducting a pretest inspection.
Note: Authority cited: Sections 39600, 39601 and 41512, Health and Safety Code. Reference: Sections 41510, 41511 and 41512, Health and Safety Code.
s 91210. Right of Entry During Independent Testing.
When a responsible party requests to be tested by an independent tester, the responsible party shall grant entry to the actual test site, without prior notice, to both the tester's authorized personnel and the Executive Officer's authorized personnel.
Note: Authority cited: Sections 39600, 39601 and 41512, Health and Safety Code. Reference: Sections 41510, 41511 and 41512, Health and Safety Code.
s 91211. Oversight.
All testing requested by the Executive Officer and conducted by an independent tester may be observed by an authorized representative of the Executive Officer.
Note: Authority cited: Sections 39600, 39601 and 41512, Health and Safety Code. Reference: Sections 41510, 41511 and 41512, Health and Safety Code.
s 91212. Audit Testing of Independent Testers.
Without prior notice the responsible party must allow personnel and equipment authorized by the Executive Officer entry for the purpose of testing the capability of the independent tester during the performance of a test.
Note: Authority cited: Sections 39600, 39601 and 41512, Health and Safety Code. Reference: Sections 41510, 41511 and 41512, Health and Safety Code.
s 91213. Availability of Independent Tester.
The responsible party must notify the designated independent tester that he or she may be called upon to perform testing with at least 24 hours advance notice from the Executive Officer. If the tester cannot respond within the required time, then the Executive Officer may conduct the required testing. In such cases the responsible party will be charged for the testing in accordance with Section 91201, Title 17, California Administrative Code.
Note: Authority cited: Sections 39600, 39601 and 41512, Health and Safety Code. Reference: Sections 41510, 41511 and 41512, Health and Safety Code.
s 91214. Fee and Payment for Testing by Independent Testers.
Fees and payment for testing conducted by independent testers shall be arranged by agreement between the independent tester and the responsible party. In no case will the State Board be responsible for collection of fees for any independent tester.
Note: Authority cited: Sections 39600, 39601 and 41512, Health and Safety Code. Reference: Sections 41510, 41511 and 41512, Health and Safety Code.
s 91215. Confidentiality of Test Information.
Without prior approval of the Executive Officer, the independent tester shall not disclose to the responsible party or the responsible party's personnel in advance of the test the dates, locations, or times of testing. The independent tester shall not disclose to the responsible party the results of the test prior to disclosure to the Air Resources Board. Failure to keep such information confidential for such a period may result in indefinite disqualification of the tester.
Note: Authority cited: Sections 39600, 39601 and 41512, Health and Safety Code. Reference: Sections 41510, 41511 and 41512, Health and Safety Code.
s 91216. Records and Reports.
All original records made during testing requested by the State Board shall become the property of the State Board. All or part of such records may be requested by the Executive Officer at any time during or after the test period. All original records and the report of results from the tester should be provided to the Executive Officer no later than 30 days after the testing is complete. Failure to provide the required records or reports may result in disqualification of the tester for further testing required by the State Board.
Note: Authority cited: Sections 39600, 39601, and 41512, Health and Safety Code. Reference: Sections 41510, 41511 and 41512, Health and Safety Code.
s 91217. Conformity During Testing.
An independent tester shall conform to reasonable requests made by the Executive Officer during the test period. Failure to conform as such may result in disqualification from testing as required by the State Board.
Note: Authority cited: Sections 39600, 39601, and 41512, Health and Safety Code. Reference: Sections 41510 41511 and 41512, Health and Safety Code. (continued)