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Air Quality Supplemental Questionairre FAQ

What is the purpose of the Air Quality Supplemental Questionnaire that I received from the Building Department?

The Placer County Air Quality Supplemental Questionnaire (questionnaire) was designed to assist in determining if a building permit applicant may be an air pollutant or hazardous air pollutant source, to ascertain the applicability of air permitting and Dust Control Plan or NOA (Naturally-Occurring Asbestos) Dust Mitigation Plan requirements, and to determine if hazardous materials meet listed criteria, and/or if a Risk Management Plan (RMP) or Hazardous Materials Business Plan (HMBP) is required. This questionnaire was produced to be given to building/grading permit applicants by permit-issuing jurisdictions, in order meet these statutory requirements.

In addition, Placer County and the incorporated municipalities' building departments, by statute are required to determine whether compliance with statutory requirements to submit Risk Management Plans (RMPs) or to provide air pollution disclosures, have been satisfied prior to making the finding that building/grading permit applications are complete.

The District has provided the incorporated municipalities with Air Quality Supplemental Questionnaires that have been tailored for them. The Placer County Building Department has incorporated these requirements into their work flows. 

Why does the questionnaire ask about the potential to emit any air pollutant?

The question asking if the business/facility/operation has the potential to emit any air pollutant, or whether it is a new or modified source of hazardous air emissions, is intended to identify possible sources of regulated substances that are required to obtain a permit from the District prior to ground-breaking. The fact sheet for Question 3 (Fact sheet for Question 4 for the City of  Roseville) are provided to assist in determining sources of air emissions that are subject to District permitting.

District permits are required for any operation or equipment that has the potential to emit any air pollutant, including toxics, for emissions control equipment and for area or volume sources. Owners/operators of such facilities or equipment are required to obtain permits; prior to construction starts, whenever a change in ownership occurs, prior to a modification, replacement, relocation, and for portable equipment.

  • California Health and Safety Code, Division 26, Part 4, Ch. 3, Art. 1, § 41700 Except as otherwise provided in Section 41705, no person shall discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or which endanger the comfort, repose, health, or safety of any such persons or the public, or which cause, or have a natural tendency to cause, injury or damage to business or property.
  • California Health and Safety Code, Division 26, Part 4, Ch. 4, Art. 1, § 42300.(a) Every District board may establish, by regulation, a permit system that requires, except as otherwise provided in Section 42310, that before any person builds, erects, alters, replaces, operates, or uses any article, machine, equipment, or other contrivance which may cause the issuance of air contaminants, the person obtain a permit to do so from the air pollution control officer of the district.

For development projects that do not require a development permit other than a building permit, each city or county shall include in its information or application forms the requirement that the owner/authorized agent will need to comply with the requirements for a permit for construction or modification from the Air District, and will need to certify whether or not the proposed project will have more than a threshold quantity of a regulated substance in a source or modified source of hazardous air emissions.

  • California Government Code 65850.2.(a) Each city and each county shall include, in its information list compiled pursuant to Section 65940 for development projects, or application form for projects that do not require a development permit other than a building permit, both of the following:

1)    The requirement that the owner or authorized agent shall indicate whether the owner or authorized agent will need to comply with the applicable requirements of Section 25505 and Article 2 (commencing with Section 25531) of Chapter 6.95 of Division 20 of the Health and Safety Code or the requirements for a permit for construction or modification from the air pollution control district or air quality management district exercising jurisdiction in the area governed by the city or county.

2)   The requirement that the owner or authorized agent certify whether or not the proposed project will have more than a threshold quantity of a regulated substance in a process or will contain a source or modified source of hazardous air emissions.

In addition, each city or county shall not find the application complete or approve a development project or a building permit for a project that does not require a development permit other than a building permit, in which a regulated substance will be present in a process in quantities greater than an applicable threshold quantity, unless the owner or authorized agent for the project first satisfies requirements to prepare and submit a Risk Management Plan (RMP) and receives certification from the air pollution control officer that the owner or authorized agent has provided the disclosures required by the air district pursuant to Section 42303 of the Health and Safety Code.

  • California Government Code 65850.2.(b) A city or county shall not find the application complete pursuant to Section 65943 or approve a development project or a building permit for a project that does not require a development permit other than a building permit, in which a regulated substance will be present in a process in quantities greater than the applicable threshold quantity, unless the owner or authorized agent for the project first obtains, from the administering agency with jurisdiction over the facility, a notice of requirement to comply with, or determination of exemption from, the requirement to prepare and submit an RMP. The owner or authorized agent shall submit, to the city or county, certification from the air pollution control officer that the owner or authorized agent has provided the disclosures required pursuant to Section 42303 of the Health and Safety Code.

Finally, prior to issuance of a certificate of occupancy, the requirements for a permit must be met, or proof that the permit requirements do not apply to the owner or authorized agent must be shown.

  • California Government Code 65850.2.(c) A city or county shall not issue a final certificate of occupancy or its substantial equivalent unless there is verification from the administering agency, if required by law, that the owner or authorized agent has met, or is meeting, the applicable requirements of Section 25505 and Article 2 (commencing with Section 25531) of Chapter 6.95 of Division 20 of the Health and Safety Code, and the requirements for a permit, if required by law, from the air pollution control district or air quality management district exercising jurisdiction in the area governed by the city or county or has provided proof from the appropriate district that the permit requirements do not apply to the owner or authorized agent.

For the unincorporated areas of Placer County and al municipalities except Roseville, the Placer County Environmental Health Division is responsible for requiring Risk Management Plans for hazardous materials and hazardous waste. For the City of Roseville, the Fire Department is the administrating agency for the RMP requirements.

Why does the Questionnaire ask whether the project is with 1000 feet of a school?

The question asking if the business/facility/operation has the potential to emit any air pollutant, is within 1000 feet of a school is required to determine if the new facility will detrimentally impact a school. Facilities occupied by children, the elderly, or persons with compromised immune systems are classified as sensitive receptors to hazardous air emissions. Prior to approving an application for an air permit to construct or modify a source which emits hazardous air emissions, and for which the source is within 1000 feet from a school’s outer boundary, a public notice fully describing the proposed project or modification must be prepared.

  • California Health and Safety Code, Division 26, Part 4, Ch. 4, Art. 1, § 42301.6.(a) …the air pollution control officer shall prepare a public notice in which the proposed project or modification for which the application for a permit is made is fully described.

The permit applicant shall bear the expense for distributing or mailing the public notice to the parents or guardians of children enrolled in any school that is located within one-quarter mile of the source, and to each address within a radius of 1000 feet of the source. The Air Pollution Control Officer (APCO) must review and consider all comments received during a 30-day period following distribution of the notice, and shall include written responses to the comments in the permit application file prior to taking final action on the application.

  • California Health and Safety Code, Division 26, Part 4, Ch. 4, Art. 1, § 42301.6.(b)(1) Notwithstanding Section 49073 of the Education Code, or any other provision of law, the information necessary to mail notices required by this section shall be made available by the school district to the air pollution control officer.

A “school” is defined by Health & Safety Code Section § 42301.9(a) as any public or private school used for purposes of the education of more than 12 children in kindergarten or any of grades 1 to 12, inclusive, but does not include any private school in which education is primarily conducted in private homes.

Why does the Questionnaire as the Building Department whether the project involves excavation or grading in a Naturally-Occurring Asbestos (NOA) areas? (This question is contained in Auburn and Colfax Questionnaires only)

The questions regarding the size of the area to be disturbed, and whether it is in a naturally-occurring asbestos (NOA) area are asked because if proposed work is in an area “Most Likely” to contain NOA as indicated by the District NOA Hazard Maps, or if it resides in a High NOA Zone as geo-coded in PLUS, Placer Land Use System, special dust control requirements apply when the earth is disturbed.

Asbestos is classified as a known human carcinogen by state, federal, and international agencies, and as a toxic air contaminant by the Air Resources Board. The ATCM applies to earthwork that disturbs, or potentially disturbs, naturally occurring asbestos. ATCM requirements are applicable within Placer County and enforceable by Placer County Air Pollution Control District.

Even if naturally occurring asbestos is not a concern, District Rule 228, Fugitive Dust establishes minimum standards that must be met by owners/operators of projects that have the potential to generate fugitive dust. These standards include dust control and track-out requirements for construction and grading activities, and prohibit visible emissions crossing the project boundary.

In the special case of a requirement for Dust Control Plan (DCP) having been established as a Condition of Approval of a discretionary permit, instructions for the DCP and application form are available at the District’s web page on dust control requirements for construction and grading. If required, the DCP can be submitted to the District for approval prior to the start of earth-disturbing activities if this requirement has

Hazardous Materials Handling, Storage or Transport and the Requirement for a Hazardous Materials Business Plan (This question omitted from City of Roseville Questionnaire)

The question regarding if the occupant/occupant’s business will handle, store, or transport hazardous materials is for Placer County Environmental Health (PCEH) use only. YES answers will be addressed by PCEH.

Hazardous materials are defined as any material that, because of its quantity, concentration, or physical or chemical properties, poses a significant present or potential hazard to human health and safety or to the environment. “Hazardous Materials” include, but are not limited to, hazardous chemicals, hazardous wastes, paints, oils, lubricants, fuels and any material for which a handler or the administering agency has a reasonable basis for believing to be injurious to the health and safety of persons or harmful to the environment if released. If a business falls within ANY of the following Threshold Quantities, submittal of a Hazardous Materials Business Plan (HMBP) is required:

·  Solids - 500 lbs. or more

·  Liquids - 55 gallons or more

·  Compressed Gasses - 200 Cubic Feet or more

·  Acutely Hazardous - The threshold quantity of any extremely hazardous substance, or radiological materials in a quantity requiring federal emergency plan.

 

Click here for the Placer County Environmental Health Department’s Hazardous Materials Business Plan information.

If any question is answered "Yes", the questionnaire should be forwarded to the District for Placer County Environmental Health and Air District approvals.

 

 

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