Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
Except for facilities exempted by Health and Safety Code Section
44324,
44344.4(a),
or
44380.1
this regulation applies to any facility which:
(1) manufactures, formulates, uses, or
releases any of the substances listed by the State Board pursuant to Health and
Safety Code Section
44321
and contained in Appendix A of the Guidelines Report, or any other substance
which reacts to form a substance so listed, and releases 10 tons per year or
greater of any criteria pollutant, or
(2) is listed in any current toxics use or
toxics air emission survey, inventory, or report released or compiled by an air
pollution control district and referenced in Appendix A, or
(3) manufactures, formulates, uses or
releases any listed substance or any other substance which reacts to form any
listed substance, and which releases less than 10 tons per year of each
criteria pollutant and falls in any class listed in Appendix E of the
Guidelines Report, or
(4) is
reinstated under Health and Safety Code Section
44344.7.
(b) On or before July 1 for fiscal year
2001-2002, and September 1 for subsequent fiscal years, each district shall
provide to the State Board a list of facilities meeting any one or more of the
criteria specified in subdivision (c) and (d) of this section. The list of
facilities shall include the facility's name, identification number, and
documentation of the exemption or exemptions any facility qualifies for under
this section.
(c) A facility shall
be excluded from the calculation of the distribution of the State's cost
specified in Section
90703(a) if by
July 1 for fiscal year 2001-2002, and September 1 for subsequent fiscal years,
any one or more of the following criteria is met:
(1) the facility has been prioritized by its
district in accordance with Health and Safety Code Section
44360(a)
using procedures that have undergone public review and that are consistent with
the procedures presented in the California Air Pollution Control Officers
Association (CAPCOA) "Air Toxics 'Hot Spots' Program Facility Prioritization
Guidelines, July 1990", which has been approved by the State Board and which is
incorporated by reference herein, and the facility's prioritization score is
less than or equal to 10.0 for cancer health effects and is less than or equal
to 10.0 for non-cancer health effects.
(2) the facility has had its health risk
assessment approved by the district in accordance with Health and Safety Code
Section
44362
and the risk assessment results show a total potential cancer risk, summed
across all pathways of exposure and all compounds, of less than one case per
one million persons and a total hazard index for each toxicological endpoint,
both acute and chronic, of less than 0.1. Some appropriate procedures for
determining potential cancer risk and total hazard index are presented in the
CAPCOA "Air Toxics 'Hot Spots' Program Revised 1992 Risk Assessment Guidelines,
October 1993", which is incorporated by reference herein.
(3) the facility primarily performs printing
as described by SIC Codes 2711 through 2771 or 2782, and the facility uses an
annualized average of two gallons per day or less (or 17 pounds per day or
less) of all graphic arts materials (deducting the amount of any water or
acetone) unless a district required a health risk assessment and results show
the facility would not qualify under Section
90702(c)(2).
(4) the facility is a wastewater treatment
plant as described by SIC Code 4952, the facility does not have a sludge
incinerator and the maximum throughput at the facility does not exceed
10,000,000 gallons per day unless a district required a health risk assessment
and results show the facility would not qualify under Section
90702(c)(2).
(5) the facility is a crematorium for humans,
animals, or pets as described by SIC Code 7261 or any SIC Code that describes a
facility using an incinerator to burn biomedical waste (animals), the facility
uses propane or natural gas as fuel, and the facility annually cremates no more
than 300 cases (human) or 43,200 pounds (human or animal) unless a district
required a health risk assessment and results show the facility would not
qualify under Section
90702(c)(2).
Facilities using incinerators that burn biomedical waste other than cremating
animals do not qualify for this exemption.
(6) the facility is primarily a boat building
and repair facility or primarily a ship building and repair facility as
described by SIC Codes 3731 or 3732, and the facility uses 20 gallons per year
or less of coatings or is a coating operation using hand held nonrefillable
aerosol cans only unless a district required a health risk assessment and
results show the facility would not qualify under Section
90702(c)(2).
(7) the facility is a hospital or veterinary
clinic building that is in compliance with the control requirements specified
in the Ethylene Oxide Control Measure for Sterilizers and Aerators, section
93108 of this title, and has an
annual usage of ethylene oxide of less than 100 pounds per year if it is housed
in a single story building, or has an annual usage of ethylene oxide of less
than 600 pounds per year if it is housed in a multistory building unless a
district required a health risk assessment and results show the facility would
not qualify under Section
90702(c)(2).
(8) the facility was not required to conduct
a risk assessment under Health and Safety Code Section
44360(b),
and the district, or the facility with the concurrence of the district, has
conducted a worst-case, health conservative risk assessment using screening air
dispersion modeling criteria set forth in Appendix F of the Guidelines Report
and has demonstrated to the satisfaction of the district that the facility's
screening risk levels meet the criteria set forth in Section
90702(c)(2).
(d) For fiscal year 2001-2002, a facility
shall be excluded from the fee schedule calculated in accordance with Section
90704(e)-(h) and
from the fee schedule set forth in Table 3 if (1) it qualifies for exclusion
pursuant to subdivision (c) of this section, (2) it is located in a district
which has met the requirements of section
90704(b) and (3)
the district has requested State Board adoption of a fee schedule. Exclusion
from fee schedules under this subdivision does not exempt a facility from any
other applicable requirement under this title.
(e) Commencing July 1, 2002, a facility shall
be excluded from the fee schedule calculated in accordance with Section
90704(e)-(h) if
it qualifies for exclusion pursuant to subdivision (c) of this section as of
September 1 of the applicable year, and is located in a district that is
recovering district costs pursuant to Section
90704(e)(5).
1. New
section filed 12-15-88; operative 12-15-88 (Register 88, No. 52).
2.
Amendment, including revisions to Appendices A and B referenced in subsection
(a), filed 3-26-90; operative 4-25-90 (Register 90, No. 17).
3.
Amendment of Appendix A filed 3-25-91; operative 3-25-91 (Register 91, No.
23).
4. New subsection (a)(3) and amendment of Appendix B filed
3-28-91 as an emergency; operative 3-28-91 (Register 91, No. 23). A Certificate
of Compliance must be transmitted to OAL by 7-26-91 or emergency language will
be repealed by operation of law on the following day.
5. Certificate
of Compliance as to 3-28-91 order transmitted to OAL 7-25-91 and filed 8-26-91
(Register 92, No. 9).
6. Amendment of subsections (a), (a)(1),
(a)(3) and NOTE and repealer of subsection (b) filed 1-30-92; operative 1-30-92
pursuant to Government Code section
11346.2(d)
(Register 92, No. 17).
7. Amendment of subsections (a)(1)-(2) filed
6-28-94; operative 6-28-94 (Register 94, No. 26).
8. Amendment of
subsection (a)(3) filed 6-6-95; operative 6-6-95 pursuant to Government Code
section
11343.4(d)
(Register 95, No. 23).
9. New subsections (b)-(d) filed 6-28-96;
operative 6-28-96 pursuant to Government Code section
11343.4(d)
(Register 96, No. 26).
10. Amendment of section and NOTE filed
4-22-97; operative 4-22-97 pursuant to Government Code section
11343.4(d)
(Register 97, No. 17).
11. Amendment filed 4-17-98; operative
4-17-98 pursuant to Government Code section
11343.4(d)
(Register 98, No. 16).
12. Amendment of subsections (b), (c) and (d)
and new subsection (e) filed 6-10-2002; operative 7-10-2002 (Register 2002, No.
24).
Note: Authority cited: Sections
39600,
39601,
44321,
44344.4,
44344.7
and
44380,
Health and Safety Code. Reference: Sections
44320,
44321,
44322,
44344.4,
44344.7
and
44380,
Health and Safety Code.
