44360-44366

HEALTH AND SAFETY CODE
SECTION 44360-44366




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 December 1, 1990, the district
shall, based on examination of the emissions inventory data and in
consultation with the state board and the State Department of Health
Services, prioritize and then categorize those facilities for the
purposes of health risk assessment. The district shall designate
high, intermediate, and low priority categories and shall include
each facility within the appropriate category based on its individual
priority. In establishing priorities pursuant to this section, the
district shall consider the potency, toxicity, quantity, and volume
of hazardous materials released from the facility, the proximity of
the facility to potential receptors, including, but not limited to,
hospitals, schools, day care centers, worksites, and residences, and
any other factors that the district finds and determines may indicate
that the facility may pose a significant risk to receptors. The
district shall hold a public hearing prior to the final establishment
of priorities and categories pursuant to this section.
   (b) (1) Within 150 days of the designation of priorities and
categories pursuant to subdivision (a), the operator of every
facility that has been included within the highest priority category
shall prepare and submit to the district a health risk assessment
pursuant to Section 44361. The district may, at its discretion, grant
a 30-day extension for submittal of the health risk assessment.
   (2) Health risk assessments required by this chapter shall be
prepared in accordance with guidelines established by the Office of
Environmental Health Hazard Assessment. The office shall prepare
draft guidelines which shall be circulated to the public and the
regulated community and shall adopt risk assessment guidelines after
consulting with the state board and the Risk Assessment Committee of
the California Air Pollution Control Officers Association and after
conducting at least two public workshops, one in the northern and one
in the southern part of the state. The adoption of the guidelines is
not subject to Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code. The scientific
review panel established pursuant to Section 39670 shall evaluate the
guidelines adopted under this paragraph and shall recommend changes
and additional criteria to reflect new scientific data or empirical
studies.
   (3) The guidelines established pursuant to paragraph (2) shall
impose only those requirements on facilities subject to this
subdivision that are necessary to ensure that a required risk
assessment is accurate and complete and shall specify the type of
site-specific factors that districts may take into account in
determining when a single health risk assessment may be allowed under
subdivision (d). The guidelines shall, in addition, allow the
operator of a facility, at the operator's option, and to the extent
that valid and reliable data are available, to include for
consideration by the district in the health risk assessment any or
all of the following supplemental information:
   (A) Information concerning the scientific basis for selecting risk
parameter values that are different than those required by the
guidelines and the likelihood distributions that result when
alternative values are used.
   (B) Data from dispersion models, microenvironment characteristics,
and population distributions that may be used to estimate maximum
actual exposure.
   (C) Risk expressions that show the likelihood that any given risk
estimate is the correct risk value.
   (D) A description of the incremental reductions in risk that occur
when exposure is reduced.
   (4) To ensure consistency in the use of the supplemental
information authorized by subparagraphs (A), (B), (C), and (D) of
paragraph (3), the guidelines established pursuant to paragraph (2)
shall include guidance for use by the districts in considering the
supplemental information when it is included in the health risk
assessment.
   (c) Upon submission of emissions inventory data for facilities
specified in subdivisions (b) and (c) of Section 44322, the district
shall designate facilities for inclusion within the highest priority
category, as appropriate, and any facility so designated shall be
subject to subdivision (b). In addition, the district may require the
operator of any facility to prepare and submit health risk
assessments, in accordance with the priorities developed pursuant to
subdivision (a).
   (d) The district shall, except where site specific factors may
affect the results, allow the use of a single health risk assessment
for two or more substantially identical facilities operated by the
same person.
   (e) Nothing contained in this section, Section 44380.5, or Chapter
6 (commencing with Section 44390) shall be interpreted as requiring
a facility operator to prepare a new or revised health risk
assessment using the guidelines established pursuant to paragraph (2)
of subdivision (a) of this section if the facility operator is
required by the district to begin the preparation of a health risk
assessment before those guidelines are established.



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 request. After preliminary review
of the emissions impact and modeling data, the district shall submit
the health risk assessment to the State Department of Health Services
for review and, within 180 days of receiving the health risk
assessment, the State Department of Health Services shall submit to
the district its comments on the data and findings relating to health
effects. The district shall consult with the state board as
necessary to adequately evaluate the emissions impact and modeling
data contained within the risk assessment.
   (b) For the purposes of complying with this section, the State
Department of Health Services may select a qualified independent
contractor to review the data and findings relating to health
effects. The State Department of Health Services shall not select an
independent contractor to review a specific health risk assessment
who may have a conflict of interest with regard to the review of that
health risk assessment. Any review by an independent contractor
shall comply with the following requirements:
   (1) Be performed in a manner consistent with guidelines provided
by the State Department of Health Services.
   (2) Be reviewed by the State Department of Health Services for
accuracy and completeness.
   (3) Be submitted by the State Department of Health Services to the
district in accordance with this section.
   (c) The district shall reimburse the State Department of Health
Services or the qualified independent contractor designated by the
State Department of Health Services pursuant to subdivision (b),
within 45 days of its request, for its actual costs incurred in
reviewing a health risk assessment pursuant to this section.
   (d) If a district requests the State Department of Health Services
to consult with the district concerning any requirement of this
part, the district shall reimburse the State Department of Health
Services, within 45 days of its request, for the costs incurred in
the consultation.
   (e) Upon designation of the high priority facilities, as specified
in subdivision (a) of Section 44360, the State Department of Health
Services shall evaluate the staffing requirements of this section and
may submit recommendations to the Legislature, as appropriate,
concerning the maximum number of health risk assessments to be
reviewed each year pursuant to this section.



44362.  (a) Taking the comments of the Office of Environmental
Health Hazard Assessment into account, the district shall approve or
return for revision and resubmission and then approve, the health
risk assessment within one year of receipt. If the health risk
assessment has not been revised and resubmitted within 60 days of the
district's request of the operator to do so, the district may modify
the health risk assessment and approve it as modified.
   (b) Upon approval of the health risk assessment, the operator of
the facility shall provide notice to all exposed persons regarding
the results of the health risk assessment prepared pursuant to
Section 44361 if, in the judgment of the district, the health risk
assessment indicates there is a significant health risk associated
with emissions from the facility. If notice is required under this
subdivision, the notice shall include only information concerning
significant health risks attributable to the specific facility for
which the notice is required. Any notice shall be made in accordance
with procedures specified by the district.



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 categories designated pursuant to
Section 44360 and summarizes the results and progress of the health
risk assessment program undertaken pursuant to this part.
   (2) Ranks and identifies facilities according to the degree of
cancer risk posed both to individuals and to the exposed population.
   (3) Identifies facilities which expose individuals or populations
to any noncancer health risks.
   (4) Describes the status of the development of control measures to
reduce emissions of toxic air contaminants, if any.
   (b) The district shall disseminate the annual report to county
boards of supervisors, city councils, and local health officers and
the district board shall hold one or more public hearings to present
the report and discuss its content and significance.



44364.  The state board shall utilize the reports and assessments
developed pursuant to this part for the purposes of identifying,
establishing priorities for, and controlling toxic air contaminants
pursuant to Chapter 3.5 (commencing with Section 39650) of Part 2.




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 exercise the authority of the district
pursuant to this part to approve emissions inventory plans and
require the preparation of health risk assessments.
   (b) This part does not prevent any district from establishing more
stringent criteria and requirements than are specified in this part
for approval of emissions inventories and requiring the preparation
and submission of health risk assessments. Nothing in this part
limits the authority of a district under any other provision of law
to assess and regulate releases of hazardous substances.



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 Section 41510.