2009 California Health and Safety Code - Section 44390-44394 :: Chapter 6. Facility Toxic Air Contaminant Risk Reduction Audit And Plan

44390.  For purposes of this chapter, the following definitions
apply:
   (a) "Airborne toxic risk reduction measure" or "ATRRM" means those
in-plant changes in production processes or feedstocks that reduce
or eliminate toxic air emissions subject to this part. ATRRM's may
include:
   (1) Feedstock modification.
   (2) Product reformulations.
   (3) Production system modifications.
   (4) System enclosure, emissions control, capture, or conversion.
   (5) Operational standards and practices modification.
   (b) Airborne toxic risk reduction measures do not include measures
that will increase risk from exposure to the chemical in another
media or that increase the risk to workers or consumers.
   (c) "Airborne toxic risk reduction audit and plan" or "audit and
plan" means the audit and plan specified in Section 44392.

44391.  (a) Whenever a health risk assessment approved pursuant to
Chapter 4 (commencing with Section 44360) indicates, in the judgment
of the district, that there is a significant risk associated with the
emissions from a facility, the facility operator shall conduct an
airborne toxic risk reduction audit and develop a plan to implement
airborne toxic risk reduction measures that will result in the
reduction of emissions from the facility to a level below the
significant risk level within five years of the date the plan is
submitted to the district. The facility operator shall implement
measures set forth in the plan in accordance with this chapter.
   (b) The period to implement the plan required by subdivision (a)
may be shortened by the district if it finds that it is technically
feasible and economically practicable to implement the plan to reduce
emissions below the significant risk level more quickly or if it
finds that the emissions from the facility pose an unreasonable
health risk.
   (c) A district may lengthen the period to implement the plan
required by subdivision (a) by up to an additional five years if it
finds that a period longer than five years will not result in an
unreasonable risk to public health and that requiring implementation
of the plan within five years places an unreasonable economic burden
on the facility operator or is not technically feasible.
   (d) (1) The state board and districts shall provide assistance to
smaller businesses that have inadequate technical and financial
resources for obtaining information, assessing risk reduction
methods, and developing and applying risk reduction techniques.
   (2) Risk reduction audits and plans for any industry subject to
this chapter which is comprised mainly of small businesses using
substantially similar technology may be completed by a self-conducted
audit and checklist developed by the state board. The state board,
in coordination with the districts, shall provide a copy of the audit
and checklist to small businesses within those industries to assist
them to meet the requirements of this chapter.
   (e) The audit and plan shall contain all the information required
by Section 44392.
   (f) The plan shall be submitted to the district, within six months
of a district's determination of significant risk, for review of
completeness. Operators of facilities that have been notified prior
to January 1, 1993, that there is a significant risk associated with
emissions from the facility shall submit the plan by July 1, 1993.
The district's review of completeness shall include a substantive
analysis of the emission reduction measures included in the plan, and
the ability of those measures to achieve emission reduction goals as
quickly as feasible as provided in subdivisions (a) and (b).
   (g) The district shall find the audit and plan to be satisfactory
within three months if it meets the requirements of this chapter,
including, but not limited to, subdivision (f). If the district
determines that the audit and plan does not meet those requirements,
the district shall remand the audit and plan to the facility
specifying the deficiencies identified by the district. A facility
operator shall submit a revised audit and plan addressing the
deficiencies identified by the district within 90 days of receipt of
a deficiency notice.
   (h) Progress on the emission reductions achieved by the plan shall
be reported to the district in emissions inventory updates.
Emissions inventory updates shall be prepared as required by the
audit and plan found to be satisfactory by the district pursuant to
subdivision (g).
   (i) If new information becomes available after the initial risk
reduction audit and plan, on air toxics risks posed by a facility, or
emission reduction technologies that may be used by a facility that
would significantly impact risks to exposed persons, the district may
require the plan to be updated and resubmitted to the district.
   (j) This section does not authorize the emission of a toxic air
contaminant in violation of an airborne toxic control measure adopted
pursuant to Chapter 3.5 (commencing with Section 39650) or in
violation of Section 41700.

44392.  A facility operator subject to this chapter shall conduct an
airborne toxic risk reduction audit and develop a plan which shall
include at a minimum all of the following:
   (a) The name and location of the facility.
   (b) The SIC code for the facility.
   (c) The chemical name and the generic classification of the
chemical.
   (d) An evaluation of the ATRRM's available to the operator.
   (e) The specification of, and rationale for, the ATRRMs that will
be implemented by the operator. The audit and plan shall document the
rationale for rejecting ATRRMs that are identified as infeasible or
too costly.
   (f) A schedule for implementing the ATRRMs. The schedule shall
meet the time requirements of subdivision (a) of Section 44391 or the
time period for implementing the plan set by the district pursuant
to subdivision (b) or (c) of Section 44391, whichever is applicable.
   (g) The audit and plan shall be reviewed and certified as meeting
this chapter by an engineer who is registered as a professional
engineer pursuant to Section 6762 of the Business and Professions
Code, by an individual who is responsible for the processes and
operations of the site, or by an environmental assessor registered
pursuant to Section 25570.3.

44393.  The plan prepared pursuant to Section 44391 shall not be
considered to be the equivalent of a pollution prevention program or
a source reduction program, except insofar as the audit and plan
elements are consistent with source reduction, as defined in Section
25244.14, or subsequent statutory definitions of pollution
prevention.

44394.  Any facility operator who does not submit a complete
airborne toxic risk reduction audit and plan or fails to implement
the measures set forth in the plan as set forth in this chapter is
subject to the civil penalty specified in subdivision (a) of Section
44381, and any facility operator who, in connection with the audit or
plan, knowingly submits any false statement or representation is
subject to the civil penalty specified in subdivision (b) of Section
44381.