3rd QUARTER 2002
|AQMD ANNUAL EMISSIONS
|Who is required to file?
- Facilities in the Annual Operating Permit Emission Fee Program;
those are companies who pay annual emissions for permitted equipment.
Such facilities are subject to AQMD Rule 301(e) and are required
- Facilities emitting 4 tons or more per year of criteria pollutants
(VOCs, NOx, SOx, CO, PM, Specific Organics);
- Facilities, which had emissions of specific Toxic Air Contaminants
or ozone depleting compounds, listed in form TAC;
- Facilities that receive a 2001-2002 Annual Emissions Report
What if I miss the deadline?
The SCAQMD 2001-2002 Annual Emissions Report is due on August
30, 2002. If a facility misses the deadline and owes an emission
fee, late payment penalties in the form of a percentage of the
emission fees will apply. The penalties are set forth in AQMD
Rule 301(E)(8)(B) and are as follows:
|Less than 30 days after 8/31/02
||5% of fees due
|30 to 90 days after 8/31/02
||15% of fees due
| 91 days to 1 year after 8/31/02
||25% of fees due
|More than 1 year after 8/31/02
||50% of fees due
After submitting my report I found out I estimated emissions
Companies who pay their emissions fees on time but underestimated
their emissions, which resulted in underpayment to SCAQMD, can
re-submit the report subject to underpayment penalties. If the
underpayment is corrected within one year from the filing deadline
and more than 90% of the amount due was paid, there are no penalties.
However, if payment was less than 90% of the amount due, the penalty
is 15% of the underpayment amount. When the underpayment is determined
more than one year after the deadline, a 50% penalty applies.
A facility can file a refund request when overestimating of the
emissions resulted in overpayment to AQMD. The refund request
must be submitted in writing as set forth in Rule 301. Form A
can also be used to request refunds associated with the current
In some cases, facilities may be able to avoid late penalties
even if they file a late emissions report. The AQMD has a Fee
Review Committee to handle appeals, extensions and other special
situations. When requesting an exemption from late penalties,
it is important to provide all relevant documentation to support
the validity of the request.
Beginning with the reporting period of 2001-2002, and thereafter,
all facilities with emissions greater than or equal to 4 tons
per year (100 tons per year for Carbon Monoxide) will start to
pay fees for non-permitted emissions, in addition to the permitted
emissions fees. The fee will be phased in over a three year period
and the calculation will be as follows:
Total Facility Emissions for Emissions
||Permitted + 33% of total Non-permitted
||Permitted + 66% of total Non-permitted
||and later Permitted + 100% of total Non-permitted
Each facility with at least one permit will be assessed a flat
annual emission fee of $75 for FY 2002-2003 and after. These facilities
have been billed $37.50 for 2001-2002.
|CHANGES TO SOLVENT CLEANING RULE
In 1999 the SCAQMD adopted changes to their solvent cleaning
rule, setting future limits for various cleaning categories. The
reduction in VOC content was structured in two phases. The first
reduction took place in 2001, while the second phase was scheduled
to occur on July 1, 2005. The District is currently proposing
to lower VOC content limits for various cleaning operations two
years ahead of schedule.
The main changes consist of advancing the compliance date (originally
July 1, 2005) to January 1, 2003. The cleaning materials will
be required to have a VOC content of 25 grams/liter or less for
the following categories:
- General product cleaning and surface preparation
- General repair and maintenance cleaning.
- General cleaning of ink application equipment
- Cleaning of flexographic and gravure printing (packaging)
ink application equipment.
- Cleaning of removable press components in lithographic or
- Cleaning of polyester resin application equipment
The date for the exemption on the cleaning of photocurable resins
for stereolithography equipment and models will be changed from
June 30, 2005 to December 31, 2003.
In addition, a new definition for electron beam inks is being
added and the existing definition for field handwipe cleaning
is being removed. Language has been added to require solvent-laden
cloth and paper to be stored in "closed, non-absorbent, non-leaking
Staff is also proposing to add rule language that will require
compliance with the state's Airborne Toxic Control Measure for
Emissions of Chlorinated Toxic Air Contaminants from Automotive
Maintenance and Repair Activities. The ATCM is contained in Title
17 of the California Code of Regulations, section 93111. It applies
to chlorinated compound emissions from the use of automotive consumer
products during automotive maintenance and repair activities.
The District estimates that the proposed changes will achieve
a total VOC emission reduction of 1.94 tons per day in 2003. The
amendments are scheduled for adoption in August 2002.
|TITLE V REPORTS
Facilities under the TitleV program are subject to specific monitoring
and reporting requirements. These are delineated in the facility
permit under the heading "Section K: Title V Administration."
Operators are to submit reports of any required monitoring to
the AQMD at least twice per year.
These reports must include:
- A statement whether all monitoring required by the permit was
- Identification of all instances of deviations from permit or
A report covering the first six calendar months of the year
is due by August 31 and one for the last six calendar months
of the year is due by February 28 of the following year. These
reports must be submitted to the AQMD and EPA.
Facilities must also submit an annual compliance certification
to both the SCAQMD and the Environmental Protection Agency (EPA).
For RECLAIM facilities, the certification is due when the Annual
Permit Emissions Program report is due and is to cover the same
reporting period. For non-RECLAIM sources, the certification
is due on March 1 for the previous calendar year. Each compliance
certification is to include:
- Identification of each permit term or condition that is
the basis of the certification
- The compliance status during the reporting period
- Whether compliance was continuous or intermittent
- The method(s) used to determine compliance over the reporting
- Any other facts required to determine compliance
Additionally, reports for breakdowns or other deviations from
permit or rule emission limitations are to be submitted. Unless
otherwise specified, the deviations must be reported within 72
hours of discovery by contacting the SCAQMD. A written report
of these deviations and any corrective actions or preventative
measures taken, is to be submitted to AQMD within 14 days of discovery
of the deviation
|POTENTIAL FEE INCREASE FOR STATIONARY
Earlier this year, Governor Davis released his draft budget proposal,
after which the Legislative Analyst's Office reported an estimated
shortfall of $5 billion. The LAO report included recommendations
to the legislature and state departments on how to cover the shortfall.
The report estimated a savings of $18.7 million to the General
Fund if the California Air Resources Board (CARB) were to levy
fees on stationary sources of pollution. Thus, the funding from
the General Fund would be replaced.
The recommendation before the legislature is to enact legislation
to apply the "polluter pays principle." The changes
would be implemented by CARB through their Stationary Source program.
Of the $18.7 million estimated to replace funding from the General
Fund, approximately $8.1 million would be assessed in the South
Coast Air Basin. Three scenarios are under consideration:
||Assessment of fees on sources emitting 25 tons
per year or greater.
||Approximately 216 facilities would be impacted.
These facilities currently pay an estimated $17 million in emissions
fees. The proposed fee would result in a 48 percent increase
in fees for these sources.
||Assessment of fees on sources emitting 4 tons
per year or greater.
||Approximately 1,500 facilities would be impacted.
These facilities currently pay an estimated $21 million in emission
fees. The proposed fee would result in a 38 percent increase
in fees for these sources.
||Assessment of fees on all facilities in the basin
that pay emissions fees and annual operating fees.
||Approximately 26,000 facilities would be impacted.
These facilities currently pay an estimated $47 million in emission
fees. The proposed fee would result in a 17 percent increase
in fees for these sources.
SCAQMD staff has recommended opposition to the concept of a fee
increase, citing a concern "about the potential unintended
consequences of increased fees on local sources to fund the state's
stationary source program."
|NEW REQUIREMENTS FOR SOUTHERN
There are approximately 2,200 drycleaners in the SCAQMD. The
majority of which use perchloroethylene (PERC). The SCAQMD is
proposing amendments to Rule 1421 "Control of Perchloroethylene
Emissions from Dry Cleaning Systems" which would prohibit
the use of PERC machines.
Within three years of the rule adoption 1) the use of converted
equipment (these have the highest PERC emissions) would be banned
2) all replacements of existing PERC equipment must be non-PERC
systems and 3) all PERC equipment that is 15 years old must be
replaced with non-PERC counterparts. Effective January 1, 2003,
any new machines must also be non-PERC.
Compliant alternatives include: wet cleaning, petroleum solvent,
volatile methyl siloxane, glycol ether and carbon dioxide systems.