1 

### Final Regulation Order

Airborne Toxic Control Measure for Emissions of Perchloroethylene Associated with Dry Cleaning Oper ations and Requirements for Manufacturers and Distributors of Perchloroethylene

APPROVED BY THE OFFICE OF ADMINISTRATIVE LAW ON DEC EMBER 27, 2007

Amend section 93109, titles 17, California Code of Regulation, to read as follows:

Section 93109. Airborne Toxic Control Measure (ATCM ) for Emissions of Perchloroethylene from Dry Cleaning and Water-Repel ling Operations.

(a) Purpose.

The purpose of this control measure is to phase-out the use of perchloroethylene (Perc) from dry cleaning and water-repelling operat ions. Eliminating these emissions will further protect the public health, e specially for Californians who live or work near dry cleaning and water-repelling facilities.

(b) Applicability.

This section applies to any person who sells or dis tributes Perc to California dry cleaners or who sells, distributes, installs, owns, or operates dry cleaning equipment in California that uses any solvent that contains Perc.

(c) Severability.

Each part of this section is deemed severable, and in the event that part of this section is held to be invalid, the remainder of thi s section shall continue in full

force and effect.

(d) Definitions. The definitions in Health and Safety Code divisio n 26, part 1, chapter 2, commencing with section 39010, shall app ly, with the following

additions:

(1) “Add-on secondary control machine” means a closed-loop machine with a secondary control system that is designed or offere d as a separate retrofit system for use on multiple machine makes and models

.

(2) "Adsorptive cartridge filter" means a replaceable cartridge filter that contains diatomaceous earth or activated clay as th e filter medium.2

(3) “Carbon adsorber” means an air cleaning device that consists of an i nlet for exhaust gases from a dry cleaning machine; acti vated carbon in the form of a fixed bed, cartridge, or canister, as an adsorbent; an outlet for exhaust gases; and a system to regenerate or reclai m saturated

adsorbent.

(4) "Cartridge filter" means a replaceable cartridge filter that contains one of the following as the filter medium: paper, activat ed carbon, or paper and activated carbon. A cartridge filter contains no d iatomaceous earth or activated clay. Cartridge filters include, but are not limited to: standard filters, split filters, "jumbo" filters, and all ca rbon polishing filters.

(5) "Closed-loop machine" means dry cleaning equipment in which washing, extraction, and drying are all performed in the sam e single unit (also known as dry-to-dry) and which recirculates Perc-la den vapor through a primary control system with or without a secondary control system with no exhaust to the atmosphere during the drying cycle. A closed-loop machine may allow for venting to the ambient air th rough a fugitive control system after the drying cycle is complete and only while the machine door is open. A closed-loop machine includes a primary control machine, an add-on secondary control machine, or an integral se condary control

machine.

(6) "Co-residential” means sharing a common wall, floor, or ceiling wit h a residence or located within the same building.

(7) “Contact information” means name, mailing address, facility location, phone number, and if applicable, email address and fax number.

(8) "Converted machine" means an existing vented machine that has been modified to be a closed-loop machine by eliminating the aeration step, installing a primary control system, and providing for recirculation of the Perc-laden vapor with no exhaust to the atmosphere or workroom during the drying cycle. A converted machine may allow fo r venting to the ambient air through a fugitive control system after the drying cycle is complete and only while the machine door is open.

(9) "Cool-down" means the portion of the drying cycle that begins when the heating mechanism deactivates and the refrigerated condenser continues to reduce the temperature of the air recirculating through the drum to

reduce the concentration of Perc in the drum.

(10) "Desorption" means regeneration of an activated carbon bed, or any other type of vapor adsorber by removal of the adsorbed s olvent using hot air, steam, or other means.3

(11) “Dip tank operations" means the immersion of materials in a solution tha t contains Perc, for purposes other than dry cleaning , in a tank or container that is separate from the dry cleaning equipment.

(12) “District”

means an air pollution control or air quality mana gement district as defined in Health and Safety Code section 39025

.

(13) "Drum"

means the rotating cylinder or wheel of the dry cl eaning machine that holds the materials being cleaned.

(14) "Dry cleaning" means the process used to remove soil, greases, pa ints,

and other unwanted substances from materials with P erc.

(15) "Dry cleaning equipment" means any machine, device, or apparatus that uses Perc to dry clean materials or to remove resid ual solvent from previously cleaned materials. Dry cleaning equipme nt may include, but is not limited to a transfer machine, a vented machine , a self-service machine, a converted machine, a closed-loop machine , a reclaimer, a drying cabinet, or a dip tank.

(16) "Dry cleaning machine" means any dry cleaning equipment that is used to dry clean materials. A dry cleaning machine may in clude, but is not limited to a transfer machine, a vented machine, a self-service machine, or a closed-loop machine.

(17) "Dry cleaning system" means all of the following equipment, devices, or apparatus associated with any dry cleaning process: dry cleaning equipment; filter or purification systems; waste ho lding, treatment, or disposal systems; solvent supply systems; dip tanks ; pumps; gaskets; piping, ducting, fittings, valves, or flanges that convey Perc vapors; and control systems.

(18) "Drying cabinet" means a housing in which materials previously clea ned with Perc are placed to dry and which is used only to dry materials that would otherwise be damaged by the heat and tumbling action of the drying cycle.

(19) "Drying cycle" means the process used to actively remove the Perc remaining in the materials after washing and extrac tion. For closed-loop machines, the heated portion of the cycle is follow ed by cool-down and may be extended beyond cool-down by the activation of a control system. The drying cycle begins when heating coils are acti vated and ends when

the machine ceases rotation of the drum for a conve rted or primary control machine, or at the end of the adsorption cycle for a secondary control

machine.4

(20) "Environmental training program" means an initial course or a refresher course of the environmental training program for Pe rc dry cleaning operations that has been authorized by the Air Reso urces Board according to the requirements of title 17, Californ ia Code of Regulations,

section 93110.

(21) "Existing facility" means any facility that operated dry cleaning equi pment prior to January 1, 2008.

(22) "Facility"

means an establishment where dry cleaning equipmen t is operated.

(23) “Fugitive control system” means a device or apparatus that collects fugitive Perc vapors from the machine door, button and lint traps, still, or other intentional openings of the dry cleaning equi pment and routes those vapors to a device that reduces the mass of Perc pr ior to exhaust of the vapor to the atmosphere.

(24) "Gallons of perchloroethylene purchased" means the volume of Perc, in gallons, purchased for use with the dry cleaning eq uipment.

(25) "Halogenated-hydrocarbon detector" means a portable device capable of detecting vapor concentrations of Perc of 25 ppmv o r less and indicating an increasing concentration by emitting an audible signal or visual indicator that varies as the concentration changes.

(26) “Integral secondary control machine” means a closed-loop machine that is designed and offered with an integral secondary con trol system.

(27) “Integral secondary control system” means a carbon adsorber, or an

equivalent device that is designed and offered as a n integral part of a production package with a specific make and model o f dry cleaning machine and primary control system.

(28) "Liquid leak" means a leak of liquid containing Perc of more tha n 1 drop every 3 minutes.

(29) "Materials" means wearing apparel, draperies, linens, fabrics, textiles, rugs, leather, and other goods that are dry cleaned

.

(30) "Muck cooker" means a device for heating Perc-laden waste materi al to

volatilize and recover Perc.

(31) “New distributor” means any person who begins the sale of Perc, dire ctly or indirectly, to dry cleaners in California after January 1, 2008.5

(32) "New facility" means a facility that did not operate any dry clea ning equipment prior to January 1, 2008. Facilities tha t are relocated to

another district shall be considered new facilities for the purposes of this

control measure.

(33) “Perc distributor” means any person who, directly or indirectly, sell s Perc or recycled Perc to California dry cleaners.

(34) “Perc manufacturer” means any person who produces and sells Perc for

use in California.

(35) "Perchloroethylene (Perc)" means the substance with the chemical

formula 'C 2 Cl 4 ', also known by the name 'tetrachloroethylene', wh ich has been identified by the Air Resources Board and list ed as a toxic air contaminant in title 17, California Code of Regulat ions, section 93000.

(36) "Pounds of materials cleaned per load" means the total dry weight, in pounds, of the materials in each load dry cleaned a t the facility, as determined by weighing each load on a scale prior t o dry cleaning and recording the value.

(37) “Primary control machine” means a closed loop machine used for dry cleaning that is equipped with a primary control sy stem.

(38) "Primary control system" means a refrigerated condenser, or an equivalent closed-loop vapor recovery system that r educes the concentration of Perc in the recirculating air.

(39) "Reasonably available" , as it applies to a course for the environmental training program, means that the course is offered within 200 miles of the

district boundaries and that all such courses have a capacity, in the aggregate, that is adequate to accommodate at least one person from each facility in the district required to certify a trained operator at that time.

(40) "Reclaimer" means a machine, device, or apparatus used only to remove residual Perc from materials that have been previou sly cleaned in a separate piece of dry cleaning equipment.

(41) “Recycled Perc” means Perc solvent that is recovered after initial use.

(42) "Refrigerated condenser" means a closed-loop vapor recovery system into which Perc vapors are introduced and recovered by c ooling below the dew point of the Perc.6

(43) “Relocated facilities” means a facility that moves from one location to

another location within the boundaries of the same district.

(44) "Remove from service" means remove from the facility or render the dry cleaning equipment inoperable.

(45) “Residence” means any dwelling or housing which is owned, rent ed, or occupied by the same person for a period of 180 day s or more, excluding short-term housing such as a motel or hotel room re nted and occupied by the same person for a period of less than 180 days.

(46) "Secondary control system" means a device or apparatus (typically a carbon adsorber), that reduces the concentration of Perc in the recirculating air at the end of the drying cycle be yond the level achievable with a refrigerated condenser alone.

(47) “Self-service machine” means a dry cleaning machine that is loaded, activated, or unloaded by the customer.

(48) "Separator" means any device used to recover Perc from a water -Perc

mixture.

(49) “Solvent” means a liquid substance other than water used in dry cleaning equipment.

(50) "Trained operator" means the owner, the operator, or an employee of t he facility, who holds a record of completion for the initial course of an environmental training program and maintains her/hi s status by successfully completing the refresher courses as re quired.

(51) "Transfer machine" means a combination of dry cleaning equipment in which washing and extraction are performed in one u nit and drying is performed in a separate unit.

(52) "Vapor adsorber" means a bed of activated carbon or other adsorbent into which Perc vapors are introduced and trapped for su bsequent desorption.

(53) "Vapor leak" means an emission of Perc vapor from unintended op enings in the dry cleaning system, as indicated by a rapid audible signal or visual signal from a halogenated-hydrocarbon detector or a concentration of Perc exceeding 50 ppmv as Perc as indicated by a po rtable analyzer.

(54) "Vented machine" means dry cleaning equipment in which washing, extraction, and drying are all performed in the sam e single unit and in

which fresh air is introduced into the drum in the last step of the drying7 cycle and exhausted to the atmosphere, either direc tly or through a control

device.

(55) "Wastewater treatment unit" means a device that treats Perc-contaminated wastewater through the addition o f thermal or chemical energy, or through physical action, such as carbon or another type of adsorbent filtration system.

(56) "Water-repelling operations" means the treatment of materials with a Perc-containing solution for the purpose of making the material water resistant or water-repelling.

(57) “Workday”

means any consecutive 24-hour period commencing at the same time each calendar day as defined in Californi a Labor Code section 500(a).

(e) Prohibitions.

(1) No person shall sell, offer for sale, or initi ate a new lease of any Perc dry cleaning machine for use in California on or after January 1, 2008.

(2) Transfer, vented, and self service Perc machi nes shall remain prohibited

as they have been since November 1998.

(f) Requirements for New Facilities.

No person shall install or operate any Perc dry cle aning machine or engage in Perc water-repelling operations at a new facility o n or after January 1, 2008.

(g) Relocated Facilities.

Upon approval by the district, existing facilities may relocate their Perc dry cleaning equipment for the purpose of moving from o ne location to another

location within the boundaries of the same district

.

(h) Requirements for Existing Facilities. The owner/operator of each existing facility shall meet the following applicable requir ements as follows and as shown

in Table 1.

(1) By January 1, 2008, drying cabinets and dip t anks shall not be used for

Perc dry cleaning.

(2) By July 1, 2010, existing facilities shall rem ove from service all Perc

converted machines.

(3) By July 1, 2010, existing facilities shall rem ove from service all Perc dry8 cleaning machines at co-residential locations.

(4) By July 1, 2010, or 15 years after the date of manufacture, whichever

comes later, existing facilities shall remove from service all Perc closed-loop machines including primary control, add -on secondary control, and integral secondary control machines. If the ag e of the machine cannot be obtained, the machine shall be removed fr om service by July 1, 2010.

(5) By January 1, 2023, existing facilities shall remove from service all Perc

dry cleaning machines, if not required to be remove d from service earlier.

(i) Required Good Operating Practices. No person shall operate Perc dry cleaning equipment unless all of the following requ irements are met:

(1) Environmental training requirements . Each Perc facility shall have one or more trained operators.

(A) A trained operator shall be the owner, the o perator, or another

employee of the facility, who successfully complete s the initial course of an environmental training program to beco me a trained operator. Evidence of successful completion of the initial course shall be the original record of completion issued p ursuant to title 17, California Code of Regulations, Section 9 3110.

(B) The trained operator shall be on site while the dry cleaning

equipment is in operation.

(C) Each trained operator shall successfully comp lete the refresher

course of an environmental training program at leas t once every three years. Evidence of successful completion of each refresher

course shall be the date of the course and the inst ructor's signature on the original record of completion.

(D) If the Perc facility has only one trained ope rator and the trained

operator leaves the employ of the facility, the fac ility shall:

1. Notify the district in writing within 15 days of the departure of

the trained operator; and

2. Obtain certification for a replacement train ed operator within

3 months.

3. If the district determines that the initial cou rse of an

environmental training program is not reasonably av ailable, the district may extend the certification period fo r a9 replacement trained operator until 1 month after th e course is reasonably available.

(2) Operation and maintenance requirements . The trained operator shall

operate and maintain all components of the Perc dry cleaning system in accordance with the requirements of this section an d the conditions specified in the facility's operating permit. For operations not specifically addressed, the components shall be operated and mai ntained in

accordance with the manufacturer's recommendations.

(A) The district shall provide an operation and m aintenance checklist to

the Perc facility. Each operation and maintenance function and the date performed shall be recorded on the checklist. The operation and maintenance checklist shall include, at a minim um, the following requirements:

1. Refrigerated condensers shall be operated to e nsure that

exhaust gases are recirculated until the air-vapor stream temperature on the outlet side of the refrigerated condenser, downstream of any bypass, is less than or equal to 45oF (7.2oC).

i. Refrigerated condensers shall have a graduate d or digital thermometer with a minimum range from 0oF (-18oC) to 150oF (66oC), which measures the temperature of the outlet vapor stream, downstream of any bypass of the condenser, and is easily visib le to the operator.

2. Vapor adsorbers used as a primary control syst em or a

secondary control system shall be operated to ensur e that exhaust gases are recirculated at the temperature s pecified by the district, based on the manufacturer's recommendations for optimum adsorption. These vapo r adsorbers shall be desorbed according to the condit ions specified by the district in the facility's operati ng permit, including a requirement that no Perc vapors shall b e routed to the atmosphere during routine operation or desor ption.

3. Cartridge filters and adsorptive cartridge fil ters shall be

handled using one of the following methods:

a. Drained in the filter housing, before disposal , for no

less than: 24 hours for cartridge filters and 48 h ours for adsorptive cartridge filters. If the filters a re then transferred to a separate device to further reduce the10 volume of Perc, this treatment shall be done in a system that routes any vapor to a primary control system, with no exhaust to the atmosphere or workroom; or

b. Dried, stripped, sparged, or otherwise treated , within

the sealed filter housing, to reduce the volume of Perc

contained in the filter.

4. A still, and any muck cooker, shall not exceed 75 percent of

its capacity, or an alternative level recommended b y the manufacturer. A still, and any muck cooker, shall cool to 100oF (38oC) or less before emptying or cleaning.

5. Button and lint traps shall be cleaned and ins pected for

damage each workday and the lint placed in a tightl y sealed

container.

6. The facility owner/operator shall keep on s ite a spare set of gaskets for the loading door, still, lint trap, but ton trap, and
water separator.

7. The facility owner/operator shall keep on site a spare lint

filter.

8. All parts of the dry cleaning system where Per c may be

exposed to the atmosphere or workroom shall be kept closed at all times except when access is required for proper operation and maintenance.

9. Wastewater treatment units shall be operated t o ensure that

no liquid Perc or visible emulsion is allowed to va porize.

10. Carbon adsorbers in secondary control machine s must be

stripped or desorbed in accordance with manufacture r’s instructions or at least weekly, whichever is more frequent.

(3) Leak check and repair requirements . The trained operator shall inspect

the Perc dry cleaning system for vapor leaks. The district shall provide a leak inspection checklist to the Perc facility. Th e trained operator shall record the status of each component on the checklis t.

(A) Weekly Leak Checks . The Perc dry cleaning system shall be

inspected at least once per week for both liquid le aks and vapor leaks, using one of the following techniques:11 1. A halogenated-hydrocarbon detector; or

2. A portable gas analyzer or an alternative metho d approved

by the district.

(B) Annual Leak Checks . The Perc dry cleaning system shall be

inspected at least once per calendar year for liqui d and vapor leaks using a portable detector which gives quantitative results with less than ten (10) percent uncertainty at 50 ppmv of Per c. Upon request, a district may approve an annual leak check extensi on of

12 months or less.

(C) Any liquid leak or vapor leak that has been d etected by the operator

shall be noted on the checklist and repaired accord ing to the requirements of this subsection. If the leak is no t repaired at the time of detection, the leaking component shall be p hysically marked or tagged in a manner that is readily observable by a district inspector.

(D) Any liquid leak or vapor leak detected by the district, which has not

been so noted on the checklist and marked on the le aking component of the dry cleaning system, shall constit ute a violation of this section. For enforcement purposes, the distri ct shall identify the presence of a vapor leak by determining the con centration of Perc with a portable analyzer according to ARB Test Method 21 (title 17, California Code of Regulations, section 94124).

(E) Any liquid leak or vapor leak shall be repair ed immediately upon

detection. For the purposes of this section a busi ness day shall mean Monday through Friday, except holidays, as pro vided in Government Code of Regulation section 6700 and foll owing.

1. If repair parts are not available at the facil ity, the parts shall

be ordered within the next business day of detectin g such a leak. Such repair parts shall be installed within t wo business days after receipt. A facility with a leak that ha s not been repaired by the end of the 7 th business day after detection shall not operate the dry cleaning machine, until t he leak is repaired, without a leak-repair extension from the district.

2. A district may grant a leak-repair extensi on to a facility, for a single period of 30 days or less, if the district m akes the following findings:

a. The delay in repairing the leak could not have been

avoided by action on the part of the facility;12 b. The facility used reasonable preventive measur es and

acted promptly to initiate the repair;

c. The leak would not significantly increase expo sure to

Perc near the facility; and

d. The facility is in compliance with all other requirements of this section and has a history of compliance

(j) Recordkeeping Requirements

.

(1) The following records shall be retained by al l Perc facilities for at least

5 years:

(A) For each dry cleaning machine, a log showing the date and the

pounds of materials cleaned per load;

(B) Purchase and delivery receipts for the dry cle aning solvent

indicating the volume in gallons;

(C) For add-on or integral secondary control machi ne operations: the

start time and finish time of each regeneration; an d the temperature of chilled air on the outlet side of the refrigerat ed condenser;

(D) The operation and maintenance checklists requi red by subsection

(i)(2)(A) and the completed leak inspection checkli sts required by subsection (i)(3); and

(E) For liquid leaks or vapor leaks that were not repaired at the time of

detection, a record of the leaking component(s) of the dry cleaning system awaiting repair and the action(s) taken to c omplete the repair. The record shall include copies of purchase orders or other written records showing when the repair parts were ordered and/or service was requested.

(2) The manufacturer's operating manual for all c omponents of the dry

cleaning system shall be retained for the life of t he equipment.

(3) The original record of completion of the envir onmental training program for each trained operator shall be retained during the employment of that person. A copy of the record of completion shall be retained for an additional period of two years beyond the separatio n of that person from employment at the facility.13

(4) All records, or copies thereof, shall be main tained in English and shall be

accessible at the facility at all times.

(k) Reporting Requirements.

(1) The owner or operator of each Perc facility sh all prepare an annual report

which covers the period of January 1 through Decemb er 31 of each year. The facility owner or operator shall furnish this a nnual report to the district by the date specified by the district. The annual report shall include the following information:

(A) A copy of the record of completion of the env ironmental training

program for each trained operator;

(B) The total of the pounds of materials cleaned;

(C) The gallons of solvent purchased in the report ing period;

(D) The make, model, serial number, and date of ma nufacture of the

dry cleaning machine;

(2) A district may exempt a source from subsection (k)(1) if the district maintains current equivalent information on the fac ility.

(l) Water-repelling Operations.

No person shall perform Perc water-repelling operat ions unless all materials are treated in a converted, primary control, add-on sec ondary control, or integral secondary control machine. Persons conducting wate r-repelling operations shall comply with the prohibitions and requirements in su bsections (e), (f), (g), and (h).

NOTE: Authority cited: Sections 39600, 39601, 3965 0, 39655, 39656, 39658, 39659, 39665 and 39666, Health and Safety Code; Sections 7 412 and 7416, Title 42, United States Code. Reference: Sections 39650, 39655, 39 656, 39658, 39659, 39666 and 39674, Health and Safety Code; Sections 7412 and 74 14, Title 42, United States Code; and Sections 63.14, 63.99, 63.320, 63.321, 63.322, 63.323 and 63.324, Title 40, Code of Federal Regulation.14

Table 1. Summary of Perc Equipment Compliance Time s for Existing Facilities

FACILITY OR EQUIPMENT TYPE DATE OF COMPLIANCE 1

Drying Cabinet, or

Dip Tank January 1, 2008

Converted Machine July 1, 2010

Dry Cleaning Machines at Coresidential Facility July 1, 2010

Closed-loop Machines: Primary Control Machine; Add-on Secondary Control Machine; or Integral Secondary Control

Machine July 1, 2010 or 15 years after the date of manufact ure, whichever comes later.

July 1, 2010 if age of machine cannot be determined

.

All Perc Dry Cleaning Machines January 1, 2023

1. Final date(s) by which equipment shall be remove d from service or use.15

Section 93109.1. Requirements for Perc Manufacture rs.

(a) Recordkeeping Requirement.

Perc manufacturers shall keep monthly sales records (with invoices) of the gallons of Perc sold for use in dry cleaning in Cal ifornia. These records shall be retained for at least 5 years and shall be made ava ilable to ARB or the district
upon request.

(b) Reporting Requirement.

By January 1, 2008, Perc manufacturers shall repor t to ARB contact information

for all their distributors who sell Perc for use in dry cleaning in California. If there are changes to their list of distributors, Perc man ufacturers shall report the change(s) to ARB within 30 calendar days after the change has occurred.

(c) The provision of title 17, California Code of Regu lation, section 93109, paragraphs (a), (b), (c), and (d) shall apply to th is section.

NOTE: Authority cited: Sections 39600, 39601 and 4 1998, Health and Safety Code. Reference: Sections 41998 and 42402.4, Health and Safety Code.16

Section 93109.2. Requirements for Perc Distributor s.

(a) Recordkeeping Requirements.

(1) The following records shall be retained for a t least 5 years and shall be

made available to the ARB or the district upon requ est.

(A) For each dry cleaning facility, Perc distrib utors shall keep monthly

sales records (with invoices) of the gallons of Per c and recycled Perc sold for use in dry cleaning in California.

(B) Perc distributors shall keep monthly purchase records (with

invoices) of the gallons of Perc purchased for use in dry cleaning in

California.

(C) Perc distributors shall keep contact informa tion for each California

dry cleaner that purchased Perc and recycled Perc.

(D) Perc distributors shall keep contact informa tion for all their

distributors who sell Perc and recycled Perc in Cal ifornia.

(b) Reporting Requirements.

(1) By January 1, 2008, Perc distributors shall r eport to ARB their contact

information and, if applicable, the contact informa tion for all their distributors who sell Perc and recycled Perc in Cal ifornia.

(2) Perc distributors shall report to ARB any cha nge(s) in their contact

information reported under (b)(1) above within 30 c alendar days.

(3) By January 31 of each year, Perc distributors shall report to ARB the

annual gallons of Perc and recycled Perc sold to Ca lifornia dry cleaners from January 1 through December 31 of the previous year.

(c) No later than 30 days after the issuance of an inv oice from ARB, Perc distributors shall pay fees, based on the fee invoice schedule s hown in Table 2.

(d) The provision of title 17, California Code of Regu lation, section 93109, paragraphs (a), (b), (c), and (d) shall apply to th is section.

NOTE: Authority cited: Sections 39600, 39601 and 4 1998, Health and Safety Code. Reference: Sections 41998 and 42402.4, Health and Safety Code.17 Table 2. Perc Fee Invoice Schedule

Year Perc Fee per

Gallon Sold
(in U.S. Dollars) Invoice Cycle Approximate

Invoice Date

2004 $3.00 August 16, 2004 through December 31, 2004 January 2005

2005 $4.00 January 1, 2005 through June 30, 2005

July 1, 2005 through December 31, 2005 July 2005

January 2006

2006 $5.00 January 1, 2006 through December 31, 2006 January 2007

2007 $6.00 January 1, 2007 through December 31, 2007 February 2008

2008 $7.00 January 1, 2008 through December 31, 2008 February 2009

2009 $8.00 January 1, 2009 through December 31, 2009 February 2010

2010 $9.00 January 1, 2010 through December 31, 2010 February 2011

2011 $10.00 January 1, 2011 through December 31, 2011 February 2012

2012 $11.00 January 1, 2012 through December 31, 2012 February 2013

2013 $12.00 January 1, 2013 through December 31, 2013 February 2014

2014-2022 $12.00 January 1, 2014 through December 31, 2014, and each subsequent calendar year through 2022 February 2015 and each February

thereafter through February 2023