2007 California Health and Safety Code Chapter 2. Facilities Subject To This Part

CA Codes (hsc:44320-44325)

44320.  This part applies to the following:
   (a) Any facility which manufactures, formulates, uses, or releases
any of the substances listed pursuant to Section 44321 or any other
substance which reacts to form a substance listed in Section 44321
and which releases or has the potential to release total organic
gases, particulates, or oxides of nitrogen or sulfur in the amounts
specified in Section 44322.
   (b) Except as provided in Section 44323, any facility which is
listed in any current toxics use or toxics air emission survey,
inventory, or report released  or compiled by a district.  A district
may, with the concurrence of the state board, waive the application
of this part pursuant to this subdivision for any facility which the
district determines will not release any substance listed pursuant to
Section 44321 due to a shutdown or a process change.



44321.  For the purposes of Section 44320, the state board shall
compile and maintain a list of substances that contains, but is not
limited to, all of the following:
   (a) Substances identified by reference in paragraph (1) of
subdivision (b) of Section 6382 of the Labor Code and substances
placed on the list prepared by the National Toxicology Program and
issued by the United States Secretary of Health and Human Services
pursuant to paragraph (4) of subsection (b) of Section 241 of Title
42 of the United States Code.  For the purposes of this subdivision,
the state board may remove from the list any substance which meets
both of the following criteria:
   (1) No evidence exists that it has been detected in air.
   (2) The substance is not manufactured or used in California, or,
if manufactured or used in California, because of the physical or
chemical characteristics of the substance or the manner in which it
is manufactured or used, there is no possibility that it will become
airborne.
   (b) Carcinogens and reproductive toxins referenced in or compiled
pursuant to Section 25249.8, except those which meet both of the
criteria identified in subdivision (a).
   (c) Substances designated by the state board as toxic air
contaminants pursuant to subdivision (b) of Section 39657 and
substances on the candidate list of potential toxic air contaminants
and the list of designated toxic air contaminants prepared by the
state board pursuant to Article 3 (commencing with Section 39660) of
Chapter 3.5 of Part 2, including, but not limited to, all substances
currently under review and scheduled or nominated for review and
substances identified and listed for which health effects information
is limited.
   (d) Substances for which an information or hazard alert has been
issued by the repository of current data established pursuant to
Section 147.2 of the Labor Code.
   (e) Substances reviewed, under review, or scheduled for review as
air toxics or potential air toxics by the Office of Air Quality
Planning and Standards of the Environmental Protection Agency,
including substances evaluated in all of the following categories or
their equivalent:  preliminary health and source screening, detailed
assessment, intent to list, decision not to regulate, listed,
standard proposed, and standard promulgated.
   (f) Any additional substances recognized by the state board as
presenting a chronic or acute threat to public health when present in
the ambient air, including, but not limited to, any neurotoxicants
or chronic respiratory toxicants not included within subdivision (a),
(b), (c), (d), or (e).



44322.  This part applies to facilities specified in subdivision (a)
of Section 44320 in accordance with the following schedule:
   (a) For those facilities that release, or have the potential to
release, 25 tons per year or greater of total organic gases,
particulates, or oxides of nitrogen or sulfur, this part becomes
effective on July 1, 1988.
   (b) For those facilities that release, or have the potential to
release, more than 10 but less than 25 tons per year of total organic
gases, particulates, or oxides of nitrogen or sulfur, this part
becomes effective July 1, 1989.
   (c) For those facilities that release, or have the potential to
release, less than 10 tons per year of total organic gases,
particulates, or oxides of nitrogen or sulfur, the state board shall,
on or before July 1, 1990, prepare and submit a report to the
Legislature identifying the classes of those facilities to be
included in this part and specifying a timetable for their inclusion.




44323.  A district may prepare an industrywide emissions inventory
and health  risk assessment for facilities specified in subdivision
(b) of Section 44320 and subdivisions (a) and (b) of Section 44322,
and shall prepare an industrywide emissions inventory for the
facilities specified in subdivision (c) of Section 44322, in
compliance with this part for any class of facilities that the
district finds and determines meets all of the following conditions:

   (a) All facilities in the class fall within one four-digit
Standard Industrial Classification Code.
   (b) Individual compliance with this part would impose severe
economic hardships on the majority of the facilities within the
class.
   (c) The majority of the class is composed of small businesses.
   (d) Releases from individual facilities in the class can easily
and generically be characterized and calculated.




44324.  This part does not apply to any facility where economic
poisons are employed in their pesticidal use, unless that facility
was subject to district permit requirements on or before August 1,
1987.  As used in this section, "pesticidal use" does not include the
manufacture or formulation of pesticides.



44325.  Any solid waste disposal facility in compliance with Section
41805.5 is in compliance with the emissions inventory requirements
of this part.