Section 44344.4 Of Chapter 3. Air Toxics Emission Inventories From California Health And Safety Code >> Division 26. >> Part 6. >> Chapter 3.
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 ($125). 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 ($125). 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.