PART 6. AIR TOXICS “HOT SPOTS” INFORMATION AND ASSESSMENT [44300. - 44394.]

Part 6 added by Stats. 1987, Ch. 1252, Sec. 1.

§§ 44300–44394 · 48 sections

1. CHAPTER 1. Legislative Findings and Definitions §§ 44300–44309 · 9 sections

   • § 44300 This part shall be known and may be cited as the Air Toxics “Hot Spots” Information and Assessment Act of 1987.
   • § 44301 The Legislature finds and declares all of the following: (a) In the wake of recent publicity surrounding planned and unplanned releases of toxic chemicals into…
   • § 44302 The definitions set forth in this chapter govern the construction of this part.
   • § 44303 “Air release” or “release” means any activity that may cause the issuance of air contaminants, including the actual or potential spilling, leaking, pumping,…
   • § 44304 “Facility” means every structure, appurtenance, installation, and improvement on land which is associated with a source of air releases or potential air…
   • § 44306 “Health risk assessment” means a detailed comprehensive analysis prepared pursuant to Section 44361 to evaluate and predict the dispersion of hazardous…
   • § 44307 “Operator” means the person who owns or operates a facility or part of a facility.
   • § 44308 “Plan” means the emissions inventory plan which meets the conditions specified in Section 44342.
   • § 44309 “Report” means the emissions inventory report specified in Section 44341.
2. CHAPTER 2. Facilities Subject to this Part §§ 44320–44325 · 6 sections

   • § 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…
   • § 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:…
   • § 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,…
   • § 44323 A district may prepare an industrywide emissions inventory and health risk assessment for facilities specified in subdivision (b) of Section 44320 and…
   • § 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…
   • § 44325 Any solid waste disposal facility in compliance with Section 41805.5 is in compliance with the emissions inventory requirements of this part.
3. CHAPTER 3. Air Toxics Emission Inventories §§ 44340–44346 · 11 sections

   • § 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…
   • § 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…
   • § 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…
   • § 44343 The district shall review the reports submitted pursuant to Section 44341 and shall, within 90 days, review each report, obtain corrections and clarifications…
   • § 44344 Except as provided in Section 44391, emissions inventories developed pursuant to this chapter shall be updated every four years, in accordance with the…
   • § 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…
   • § 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)…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
4. CHAPTER 4. Risk Assessment §§ 44360–44366 · 7 sections

   • § 44360 (a) Within 90 days of completion of the review of all emissions inventory data for facilities specified in subdivision (a) of Section 44322, but not later than…
   • § 44361 (a) Each health risk assessment shall be submitted to the district. The district shall make the health risk assessment available for public review, upon…
   • § 44362 (a) Taking the comments of the Office of Environmental Health Hazard Assessment into account, the district shall approve or return for revision and…
   • § 44363 (a) Commencing July 1, 1991, each district shall prepare and publish an annual report which does all of the following: (1) Describes the priorities and…
   • § 44364 The state board shall utilize the reports and assessments developed pursuant to this part for the purposes of identifying, establishing priorities for, and…
   • § 44365 (a) If the state board finds and determines that a district’s actions pursuant to this part do not meet the requirements of this part, the state board may…
   • § 44366 In order to verify the accuracy of any information submitted by facilities pursuant to this part, a district or the state board may proceed in accordance with…
5. CHAPTER 5. Fees and Regulations §§ 44380–44384 · 6 sections

   • § 44380 (a) The state board shall adopt a regulation which does all of the following: (1) Sets forth the amount of revenue which the district must collect to recover…
   • § 44380.1 A facility shall be granted an exemption by a district from paying a fee in accordance with Section 44380 if all of the following criteria are met: (a) The…
   • § 44380.5 In addition to the fee assessed pursuant to Section 44380, a supplemental fee may be assessed by the district, the state board, or the Office of Environmental…
   • § 44381 (a) Any person who fails to submit any information, reports, or statements required by this part, or who fails to comply with this part or with any permit,…
   • § 44382 Every district shall, by regulation, adopt the requirements of this part as a condition of every permit issued pursuant to Chapter 4 (commencing with Section…
   • § 44384 Except for Section 44380 and this section, all provisions of this part shall become operative on July 1, 1988.
6. CHAPTER 6. Facility Toxic Air Contaminant Risk Reduction Audit and Plan §§ 44390–44394 · 9 sections

   • § 44390 For purposes of this chapter, the following definitions apply: (a) “Airborne toxic risk reduction measure” or “ATRRM” means those in-plant changes in…
   • § 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…
   • § 44391.2 (a) For purposes of this section, the following provisions shall apply: (1) “Disadvantaged community” means a community identified as disadvantaged pursuant to…
   • § 44391.3 A school or school district located in a community with a high cumulative exposure burden, as identified pursuant to Section 44391.2, may do both of the…
   • § 44391.4 (a) (1) Funds made available pursuant to an appropriation from the Greenhouse Gas Reduction Fund to reduce mobile and stationary sources of criteria air…
   • § 44391.5 (a) Each statewide strategy update developed by the state board pursuant to Section 44391.2, known as the “Community Air Protection Blueprint” or “Blueprint,”…
   • § 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…
   • § 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,…
   • § 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…