Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(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:
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.
1. New
section filed 4-14-98; operative 4-14-98 pursuant to Government Code section
11343.4(d)
(Register 98, No. 16).
2. Amendment of section heading, section and
NOTE filed 2-5-2004; operative 2-5-2004 pursuant to Government Code section
11343.4
(Register 2004, No. 6).
3. Amendment of subsections (c)-(c)(1) filed
3-3-2005; operative 3-3-2005 pursuant to Government Code section
11343.4
(Register 2005, No. 9).
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.
