CA Health & Safety Code Section 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 this part and the operator shall submit an emissions inventory update for those sources and substances for which a physical change in the facility or a change in activities or operations has occurred, as follows:

(1)

The facility emits a substance newly listed pursuant to Section 44321.

(2)

A sensitive receptor has been established or constructed within 500 meters of the facility after the facility became exempt.

(3)

The facility emits a substance for which the potency factor has increased.

(b)

The operator of a facility exempted from this part pursuant to subdivision (a) of Section 44344.4 shall submit an emissions inventory update for those sources and substances for which a particular physical change in the facility or a change in activities or operations occurs if, as a result of the particular change, either of the following has occurred:

(1)

The facility has begun emitting a listed substance not included in the previous emissions inventory.

(2)

The facility has increased its emissions of a listed substance to a level greater than the level previously reported for that substance, and the increase in emissions exceeds 100 percent of the previously reported level.

(c)

Notwithstanding subdivision (b), a physical change or change in activities or operations at a facility shall not cause the facility to again be subject to this part if all of the following conditions are met:

(1)

The physical change or change in activities or operations is subject to a district permit program established pursuant to Section 42300.

(2)

The district conducts an assessment of the potential changes in emissions or their associated risks, whichever the district determines to be appropriate, attributable to the physical change or change in activities or operations and finds that the changes in emissions will not result in a significant risk. A risk assessment conducted pursuant to this paragraph shall comply with paragraph (2) of subdivision (b) of Section 44360.

(3)

The district issues a permit for the physical change or change in activities or operations.