2007 California Health and Safety Code Chapter 3. Air Toxics Emission Inventories

CA Codes (hsc:44340-44346)

44340.  (a) The operator of each facility subject to this part shall
prepare and submit to the district a proposed comprehensive
emissions inventory plan in accordance with the criteria and
guidelines adopted by the state board pursuant to Section 44342.
   (b) The proposed plan shall be submitted to the district on or
before August 1, 1989, except that, for any facility to which
subdivision (b) of Section 44322 applies, the proposed plan shall be
submited to the district on or before August 1, 1990.  The district
shall approve, modify, and approve as modified, or return for
revision and resubmission, the plan within 120 days of receipt.
   (c) The district shall not approve a plan unless all of the
following conditions are met:
   (1) The plan meets the requirements established by the state board
pursuant to Section 44342.
   (2) The plan is designed to produce, from the list compiled and
maintained pursuant to Section 44321, a comprehensive
characterization of the full range of hazardous materials that are
released, or that may be released, to the surrounding air from the
facility.  Air release data shall be collected at, or calculated for,
the primary locations of actual and potential release for each
hazardous material.  Data shall be collected or calculated for all
continuous, intermittent, and predictable air releases.
   (3) The measurement technologies and estimation methods proposed
provide state-of-the-art effectiveness and are sufficient to produce
a true representation of the types and quantities of air releases
from the facility.
   (4) Source testing or other measurement techniques are employed
wherever necessary to verify emission estimates, as determined by the
state board and to the extent technologically feasible.  All testing
devices shall be appropriately located, as determined  by the state
board.
   (5) Data are collected or calculated for the relevant exposure
rate or rates of each hazardous material according to its
characteristic toxicity and for the emission rate necessary to ensure
a characterization of risk associated with exposure to releases of
the hazardous material that meets the requirements of Section 44361.
The source of all emissions shall be displayed or described.




44341.  Within 180 days after approval of a plan by the district,
the operator shall implement the plan and prepare and submit a report
to the district in accordance with the plan.  The district shall
transmit all monitoring data contained in the approved report to the
state board.



44342.  The state board shall, on or before May 1, 1989, in
consultation with the districts, develop criteria and guidelines for
site-specific air toxics emissions inventory plans which shall be
designed to comply with the conditions specified in Section 44340 and
which shall include at least all of the following:
   (a) For each class of facility, a designation of the hazardous
materials for which emissions are to be quantified and an
identification of the likely source types within that class of
facility.  The hazardous materials for quantification shall be chosen
from among, and may include all or part of, the list specified in
Section 44321.
   (b) Requirements for a facility diagram identifying each actual or
potential discrete emission point and the general locations where
fugitive emissions may occur.  The facility diagram shall include any
nonpermitted and nonprocess sources of emissions and shall provide
the necessary data to identify emission characteristics.  An existing
facility diagram which meets the requirements of this section may be
submitted.
   (c) Requirements for source testing and measurement.  The
guidelines may specify appropriate uses of estimation techniques
including, but not limited to, emissions factors, modeling, mass
balance analysis, and projections, except that source testing shall
be required wherever necessary to verify emission estimates to the
extent technologically feasible.  The guidelines shall specify
conditions and locations where source testing, fence-line monitoring,
or other measurement techniques are to be required and the frequency
of that testing and measurement.
   (d) Appropriate testing methods, equipment, and procedures,
including quality assurance criteria.
   (e) Specifications for acceptable emissions factors,  including,
but not limited to, those which are acceptable for substantially
similar facilities or equipment, and specification of procedures for
other estimation techniques and for the appropriate use of available
data.
   (f) Specification of the reporting period required for each
hazardous material for which emissions will be inventoried.
   (g) Specifications for the collection of useful data to identify
toxic air contaminants pursuant to Article 2 (commencing with Section
39660) of Chapter 3.5 of Part 2.
   (h) Standardized format for preparation of reports and
presentation of data.
   (i) A program to coordinate and eliminate any possible overlap
between the requirements of this chapter and the requirements of
Section 313 of the Superfund Amendment and Reauthorization Act of
1986 ( Public Law 99-499).
   The state board shall design the guidelines and criteria to ensure
that, in collecting data to be used for emissions inventories,
actual measurement is utilized whenever necessary to verify the
accuracy of emission estimates, to the extent technologically
feasible.



44343.  The district shall review the reports submitted pursuant to
Section 44341 and shall, within 90 days, review each report, obtain
corrections and clarifications of the data, and notify the State
Department of Health Services, the Department of Industrial
Relations, and the city or county health department of its findings
and determinations as a result of its review of the report.



44344.  Except as provided in Section 44391, emissions inventories
developed pursuant to this chapter shall be updated every four years,
in accordance with the procedures established by the state board.
Those updates shall take into consideration improvements in
measurement techniques and advancing knowledge concerning the types
and toxicity of hazardous material released or potentially released.




44344.4.  (a) Except as provided in subdivision (d) and in Section
44344.7, a facility shall be exempt from further compliance with this
part if the facility's prioritization scores for cancer and
noncancer health effects are both equal to or less than one, based on
the results of the most recent emissions inventory or emissions
inventory update.  An exempt facility shall no longer be required to
pay any fee or submit any report to the district or the state board
pursuant to this part.
   (b) Except for facilities that are exempt from this part pursuant
to subdivision (a), a facility for which the prioritization scores
for cancer and noncancer health effects are both equal to or less
than 10, based on the results of the most recent emissions inventory
or emissions inventory update, shall not be required to pay any fee
or submit any report to the district or the state board pursuant to
this part, except for the quadrennial emissions inventory update
required pursuant to Section 44344.  A district may, by regulation,
establish a fee to be paid by a facility operator in connection with
the operator's submission to the district of a quadrennial emissions
inventory update pursuant to this subdivision.  The fee shall not be
greater than one hundred twenty-five dollars (5).  A district may
increase the fee above that amount upon the adoption of written
findings that the costs of processing the emission inventory update
exceed one hundred twenty-five dollars (5).  However, the district
shall not adopt a fee greater than that supported by the written
findings.
   (c) For the purposes of this part, "prioritization score" means a
facility's numerical score for cancer health effects or noncancer
health effects, as determined by the district pursuant to Section
44360 in a manner consistent with facility prioritization guidelines
prepared by the California Air Pollution Control Officers Association
and approved by the state board.
   (d) Notwithstanding subdivision (a) and Section 44344.7, if a
district has good cause to believe that a facility may pose a
potential threat to public health and that the facility therefore
does not qualify for an exemption claimed by the facility pursuant to
subdivision (a), the district may require the facility to document
the facility's emissions and health impacts, or the changes in
emissions expected to occur as a result of a particular physical
change, a change in activities or operations at the facility, or a
change in other factors.  The district may deny the exemption if the
documentation does not support the claim for the exemption.



44344.5.  (a) The operator of any new facility that previously has
not been subject to this part shall prepare and submit an emissions
inventory plan and report.
   (b) Notwithstanding subdivision (a), a new facility shall not be
required to submit an emissions inventory plan and report if all of
the following conditions are met:
   (1) The facility is subject to a district permit program
established pursuant to Section 42300.
   (2) The district conducts an assessment of the potential emissions
or their associated risks, whichever the district determines to be
appropriate, attributable to the new facility and finds that the
emissions will not result in a significant risk.  A risk assessment
conducted pursuant to this paragraph shall comply with paragraph (2)
of subdivision (b) of Section 44360.
   (3) The district issues a permit authorizing construction or
operation of the new facility.



44344.6.  A district shall redetermine a facility's prioritization
score, or evaluate the prioritization score as calculated and
submitted by the facility, within 90 days from the date of receipt of
a quadrennial emissions inventory update pursuant to Section 44344
or subdivision (b) of Section 44344.4, within 90 days from the date
of receipt of an emissions inventory update submitted pursuant to
Section 44344.7, or within 90 days from the date of receiving notice
that a facility has completed the implementation of a plan prepared
pursuant to Section 44392.



44344.7.  (a) A facility exempted from this part pursuant to
subdivision (a) of Section 44344.4 shall, upon receipt of a notice
from the district, again be subject to this part and the operator
shall submit an emissions inventory update for those sources and
substances for which a physical change in the facility or a change in
activities or operations has occurred, as follows:
   (1) The facility emits a substance newly listed pursuant to
Section 44321.
   (2) A sensitive receptor has been established or constructed
within 500 meters of the facility after the facility became exempt.
   (3) The facility emits a substance for which the potency factor
has increased.
   (b) The operator of a facility exempted from this part pursuant to
subdivision (a) of Section 44344.4 shall submit an emissions
inventory update for those sources and substances for which a
particular physical change in the facility or a change in activities
or operations occurs if, as a result of the particular change, either
of the following has occurred:
   (1) The facility has begun emitting a listed substance not
included in the previous emissions inventory.
   (2) The facility has increased its emissions of a listed substance
to a level greater than the level previously reported for that
substance, and the increase in emissions exceeds 100 percent of the
previously reported level.
   (c) Notwithstanding subdivision (b), a physical change or change
in activities or operations at a facility shall not cause the
facility to again be subject to this part if all of the following
conditions are met:
   (1) The physical change or change in activities or operations is
subject to a district permit program established pursuant to Section
42300.
   (2) The district conducts an assessment of the potential changes
in emissions or their associated risks, whichever the district
determines to be appropriate, attributable to the physical change or
change in activities or operations and finds that the changes in
emissions will not result in a significant risk.  A risk assessment
conducted pursuant to this paragraph shall comply with paragraph (2)
of subdivision (b) of Section 44360.
   (3) The district issues a permit for the physical change or change
in activities or operations.



44345.  (a) On or before July 1, 1989, the state board shall develop
a program to compile and make available to other state and local
public agencies and the public all data collected pursuant to this
chapter.
   (b) In addition, the state board, on or before March 1, 1990,
shall compile, by district, emissions inventory data for mobile
sources and area sources not subject to district permit requirements,
and data on natural source emissions, and shall incorporate these
data into data compiled and released pursuant to this chapter.



44346.  (a) If an operator believes that any information required in
the facility diagram specified pursuant to subdivision (b) of
Section 44342 involves the release of a trade secret, the operator
shall nevertheless make the disclosure to the district, and shall
notify the district in writing of that belief in the report.
   (b) Subject to this section, the district shall protect from
disclosure any trade secret designated as such by the operator, if
that trade secret is not a public record.
   (c) Upon receipt of a request for the release of information to
the public which includes information which the operator has notified
the district is a trade secret and which is not a public record, the
following procedure applies:
   (1) The district shall notify the operator of the request in
writing by certified mail, return receipt requested.
   (2) The district shall release the information to the public, but
not earlier than 30 days after the date of mailing the notice of the
request for information, unless, prior to the expiration of the
30-day period, the operator obtains an action in an appropriate court
for a declaratory judgment that the information is subject to
protection under this section or for a preliminary injunction
prohibiting disclosure of the information to the public and promptly
notifies the district of that action.
   (d) This section does not permit an operator to refuse to disclose
the information required pursuant to this part to the district.
   (e) Any information determined by a court to be a trade secret,
and not a public record pursuant to this section, shall not be
disclosed to anyone except an officer or employee of the district,
the state, or the United States, in connection with the official
duties of that officer or employee under any law for the protection
of health, or to contractors with the district or the state and its
employees if, in the opinion of the district or the state, disclosure
is necessary and required for the satisfactory performance of a
contract, for performance of work, or to protect the health and
safety of the employees of the contractor.
   (f) Any officer or employee of the district or former officer or
employee who, by virtue of that employment or official position, has
possession of, or has access to, any trade secret subject to this
section, and who, knowing that disclosure of the information to the
general public is prohibited by this section, knowingly and willfully
discloses the information in any manner to any person not entitled
to receive it is guilty of a misdemeanor.  Any contractor of the
district and any employee of the contractor, who has been furnished
information as authorized by this section, shall be considered an
employee of the district for purposes of this section.
   (g) Information certified by appropriate officials of the United
States as necessary to be kept secret for national defense purposes
shall be accorded the full protections against disclosure as
specified by those officials or in accordance with the laws of the
United States
   (h) As used in this section, "trade secret" and "public record"
have the meanings and protections given to them by Section 6254.7 of
the Government Code and Section 1060 of the Evidence Code.  All
information collected pursuant to this chapter, except for data used
to calculate emissions data required in the facility diagram, shall
be considered "air pollution emission data," for the purposes of this
section.