42300-42316
HEALTH AND SAFETY CODE
SECTION 42300-42316
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.
(b) The regulations may provide that a permit shall be valid only
for a specified period. However, the expiration date of any permit
shall be eligible for extension upon completion of the annual review
required pursuant to subdivision (e) of Section 42301 and payment of
the fees required pursuant to Section 42311, unless the air pollution
control officer or the hearing board has initiated action to suspend
or revoke the permit pursuant to Section 42304, 42307, or 42309,
that action has resulted in a final determination by the officer or
the board to suspend or revoke the permit, and all appeals have been
exhausted or the time for appeals from that final determination has
been exhausted.
(c) The annual extension of a permit's expiration date pursuant to
subdivision (b) does not constitute permit issuance, renewal,
reopening, amendment, or any other action subject to the requirements
specified in Title V.
42300.1. (a) A district board may issue a consolidated permit which
serves as (1) authority to build, erect, alter, or replace an
article, machine, equipment, or contrivance which may cause the
issuance of air contaminants, and (2) authority to operate or use
that article, machine, equipment, or contrivance.
(b) If a district issues consolidated permits, the district shall
establish postconstruction enforcement procedures adequate to ensure
that sources are built, erected, altered, replaced, and operated or
used in the manner required by the consolidated permits.
42300.2. A district may establish a program to certify private
environmental professionals to prepare permit applications. The
program shall provide for all of the following:
(a) Certification by the district of private environmental
professionals who meet minimum qualifications established by the
district and who successfully complete a district or
district-approved training program in the methods of preparing permit
applications. The training program shall include a description of
permit requirements established by the district, as well as any
additional requirements established by the district for applications
submitted by certified private environmental professionals.
(b) Expedited review by district personnel of permit applications
that, at the option and expense of the permit applicant, are prepared
by a certified private environmental professional.
(c) An audit program, including periodic full district review of
permit applications prepared by certified private environmental
professionals, to determine whether or not district requirements for
the preparation of applications have been followed.
(d) Decertification of any certified private environmental
professional found by the district to have done any of the following:
(1) Knowingly or negligently submitted false data as part of a
permit application.
(2) Prepared any permit application in a manner contrary to
district requirements.
(3) Prepared a permit application in connection with which the
certified private environmental professional has a financial conflict
of interest as defined in guidelines which shall be adopted by the
district.
42301. A permit system established pursuant to Section 42300 shall
do all of the following:
(a) Ensure that the article, machine, equipment, or contrivance
for which the permit was issued does not prevent or interfere with
the attainment or maintenance of any applicable air quality standard.
(b) Prohibit the issuance of a permit unless the air pollution
control officer is satisfied, on the basis of criteria adopted by the
district board, that the article, machine, equipment, or contrivance
will comply with all of the following:
(1) All applicable orders, rules, and regulations of the district
and of the state board.
(2) All applicable provisions of this division.
(c) Prohibit the issuance of a permit to a Title V source if the
Administrator of the Environmental Protection Agency objects to its
issuance in a timely manner as provided in Title V. This subdivision
is not intended to provide any authority to the Environmental
Protection Agency to object to the issuance of a permit other than
that authority expressly granted by Title V.
(d) Provide that the air pollution control officer may issue to a
Title V source a permit to operate or use if the owner or operator of
the Title V source presents a variance exempting the owner or
operator from Section 41701, any rule or regulation of the district,
or any permit condition imposed pursuant to this section, or presents
an abatement order that has the effect of a variance and that meets
all of the requirements of this part pertaining to variances, and the
requirements for the issuance of permits to operate are otherwise
satisfied. The issuance of any variance or abatement order is a
matter of state law and procedure only and does not amend a Title V
permit in any way. Those terms and conditions of any variance or
abatement order that prescribe a compliance schedule may be
incorporated into the permit consistent with Title V and this
division.
(e) Require, upon annual renewal, that each permit be reviewed to
determine that the permit conditions are adequate to ensure
compliance with, and the enforceability of, district rules and
regulations applicable to the article, machine, equipment, or
contrivance for which the permit was issued which were in effect at
the time the permit was issued or modified, or which have
subsequently been adopted and made retroactively applicable to an
existing article, machine, equipment, or contrivance, by the district
board and, if the permit conditions are not consistent, require that
the permit be revised to specify the permit conditions in accordance
with all applicable rules and regulations.
(f) Provide for the reissuance or transfer of a permit to a new
owner or operator of an article, machine, equipment, or contrivance.
An application for transfer of ownership only, or change in operator
only, of any article, machine, equipment, or contrivance which had a
valid permit to operate within the two-year period immediately
preceding the application is a temporary permit to operate. Issuance
of the final permit to operate shall be conditional upon a
determination by the district that the criteria specified in
subdivisions (b) and (e) are met, if the permit was not surrendered
as a condition to receiving emission reduction credits pursuant to
banking or permitting rules of the district. However, under no
circumstances shall the criteria specify that a change of ownership
or operator alone is a basis for requiring more stringent emission
controls or operating conditions than would otherwise apply to the
article, machine, equipment, or contrivance.
42301.1. Whenever necessary and appropriate to ensure compliance
with all applicable conditions prior to issuance of a permit to
operate an article, machine, equipment, or contrivance, a district
may issue a temporary permit to operate. The temporary permit to
operate shall specify a reasonable period of time during which the
article, machine, equipment, or contrivance may be operated in order
for the district to determine whether it will operate in accordance
with the conditions specified in the authority to construct.
42301.2. A district shall not require emission offsets for any
emission increase at a source that results from the installation,
operation, or other implementation of any emission control device or
technique used to comply with a district, state, or federal emission
control requirement, including, but not limited to, requirements for
the use of reasonably available control technology or best available
retrofit control technology, unless there is a modification that
results in an increase in capacity of the unit being controlled.
42301.3. (a) It is the intent of the Legislature that districts
expedite permits for the installation of air pollution control
equipment.
(b) (1) This section applies only to air pollution control
projects at existing sources, where the project is necessary to
comply with emission standards or limitations imposed by law,
including, but not limited to, district regulations.
(2) This section does not apply to air pollution control
requirements applicable to new or modified sources that are not air
pollution control projects necessary to comply with emission
standards or limitations imposed by law. However, this section
applies to the permitting of air pollution control projects necessary
to comply with emission standards or limitations imposed by law that
are intended to reduce emissions of one or more pollutants that may
or may not result in an increase in emissions of a different
pollutant or pollutants.
(c) Each district shall prepare, with input from the regulated
community, a list of permitting criteria that identifies streamlined
permit application requirements for each type of mandated air
pollution control project. The list shall be consistent with the
requirements of this section but may also include general facility
information, a general description of the equipment affected by the
air pollution control project, and specific information regarding the
pollution control equipment or operational changes that will reduce
emissions.
(d) (1) Within 30 days of the date that the applicant submits the
information specified in paragraph (2), the district shall commence
evaluation and deem the application complete, subject to the final
as-built design submittal being consistent with the preliminary
engineering and design information specified in subparagraph (B) of
paragraph (2), for the purpose of issuing a permit to construct.
Notwithstanding the limitations of Sections 65944, 65950, and 65952
of the Government Code, if final design information results in a
material change in the permit evaluation that was based on the
preliminary submittal, the application shall undergo a new evaluation
based on the final design and the district shall promptly notify the
applicant of any further information that is necessary to complete
the evaluation.
(2) Prior to the district deeming the application complete
pursuant to paragraph (1), the applicant shall provide the following
information:
(A) The information specified in the list prepared pursuant to
subdivision (c).
(B) Either of the following:
(i) Preliminary engineering and design information or other
technical equipment specification data reasonably available during
the initial design phase.
(ii) The manufacturer's performance warranty and the associated
preliminary engineering data on which the bidding documents for the
contract with the manufacturer were based.
(C) Any reasonably required information regarding an air
contaminant for which emissions will increase as a result of
installation of the air pollution control project.
(D) Any information necessary to make the application complete
with respect to any federal requirement adopted or promulgated
pursuant to the Clean Air Act (42 U.S.C. Sec. 7401 et seq.) that
applies to the air pollution control project.
(e) Prior to the final approval of the applicant's permit to
operate, the applicant shall provide the district with final
engineering and design information and other data reasonably
necessary to ensure compliance with applicable emission limitations.
The information may be based on source test results and other
operating data available after startup and shakedown of the control
equipment. Once the applicant has provided the information specified
in this subdivision, and the final design is consistent with the
preliminary design data specified in subparagraph (B) of paragraph
(2) of subdivision (d) for purposes of permit evaluation, the
district shall deem the application complete for the purpose of
issuing a permit to operate.
(f) (1) For projects subject to this section for which the use of
continuous emission monitoring systems is required, the air quality
permit conditions that relate to emissions monitored by the
continuous emission monitoring systems shall be sufficient for
measurements and reporting as required to meet the specified emission
limit as required by the rule or regulation.
(2) Nothing in this subdivision is intended to limit the
applicability of standards or limitations or monitoring requirements
set forth in any rule or regulation.
(g) (1) An applicant may petition the district hearing board for a
variance from a requirement to install air pollution control
equipment or to meet a more stringent emission standard or limitation
if there is a delay in the approval of the permit to construct or
permit to operate for projects under this section. The finding
required by paragraph (2) of subdivision (a) of Section 42352 shall
be met if the hearing board finds that the delay is not due to the
lack of due diligence on the part of the applicant in the permit
process, and the delay results in the inability of the applicant to
legally comply with the requirement or schedule that requires the
installation and operation of air pollution control equipment or
achievement of a more stringent emission standard or limitation. The
findings required by paragraphs (3), (4), and (5) of subdivision (a)
of Section 42352 shall not apply to a variance granted pursuant to
this paragraph. Paragraph (6) of subdivision (a) of Section 42352
shall apply to a variance granted pursuant to this paragraph.
However, if the district requests that the applicant monitor or
otherwise quantify emission levels from the source during the term of
the variance pursuant to paragraph (6) of subdivision (a) of Section
42352, that monitoring or quantification required in connection with
the variance shall be limited to any monitoring or quantification
already being performed for the source for which the pollution
control project is required. No variance shall be granted unless the
hearing board makes the findings as specified in this subdivision.
The hearing board shall not impose any excess emission fees in
connection with the grant of the variance. In determining the term of
the variance, the hearing board shall consider the period of time
that the delay was not due to the lack of due diligence on the part
of the applicant.
(2) For purposes of this subdivision, "due diligence" means that
all of the following conditions exist:
(A) The air pollution control project proposed by the applicant
was reasonably expected to achieve compliance with the pertinent
emission standard or limitation.
(B) The applicant submitted the permit application in sufficient
time for the district to act on the application and for the applicant
to complete the project in accordance with the deadline.
(C) The applicant responded in a reasonable time to requests for
additional information needed by the district to process the
application or prepare any necessary environmental analyses.
(D) The district has not denied or proposed to deny the
application on the basis of the project's inability to meet district
permit requirements consistent with this section.
(E) During the term of the variance, the applicant will take
practicable steps to ensure completion of the project as
expeditiously as possible after issuance of the permit.
(3) Paragraph (1) shall not limit the authority of a district to
require emissions monitoring or quantification under any other
applicable provision of law.
(4) Nothing in this subdivision shall be interpreted as
authorizing a hearing board to grant a variance from any requirement
for a permit to build, alter, erect, or replace any air pollution
control equipment included in a project subject to this section.
(h) If a supplemental or other environmental impact report or
other environmental assessment is required for the project pursuant
to the California Environmental Quality Act (Division 13 (commencing
with Section 21000) of the Public Resources Code) and the district is
the lead agency, the district shall prepare and act upon the report
or assessment and the permit to construct concurrently in order to
streamline the approval process. However, the district shall be
required to take that concurrent action only if the applicant has
submitted the information required by this section to allow the
district to streamline the approval process.
(i) For purposes of this section, "material change" means a change
that would result in a material impact on the level of emission
calculated.
42301.5. (a) Any article, machine, equipment, or contrivance that
may emit into the ambient air any toxic air contaminant identified
pursuant to Section 39662 shall comply with any regulation adopted by
the state board or a district requiring a reduction in emissions of
that contaminant or chemical from the article, machine, equipment, or
contrivance consistent with a reasonable schedule of compliance, as
determined by the state board or the district.
(b) (1) Any article, machine, equipment, or contrivance that is
located within a district that is designated by the state board as a
nonattainment area for any national ambient air quality standard and
for which an authority to construct is issued on or after January 1,
1988, shall comply with any district regulation that is adopted after
December 31, 1982, and that requires a reduction in emissions of any
air pollutant, including any precursor of an air pollutant, that
interferes with the attainment of the standard, from that article,
machine, equipment, or contrivance consistent with a reasonable
schedule of compliance, as determined by the district.
(2) In determining a schedule of compliance under this
subdivision, the district shall consider the extent to which the
proposed schedule will adversely affect the ability of the facility
owner or operator to amortize the capital costs of pollution control
equipment purchased within the preceding five years.
42301.6. (a) Prior to approving an application for a permit to
construct or modify a source which emits hazardous air emissions,
which source is located within 1,000 feet from the outer boundary of
a schoolsite, 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 notice
may be prepared whether or not the material is or would be subject to
subdivision (a) of Section 25536, if the air pollution control
officer determines and the administering agency concurs that
hazardous air emissions of the material may result from an air
release, as defined by Section 44303. The notice may be combined with
any other notice on the project or permit which is required by law.
(b) The air pollution control officer shall, at the permit
applicant's expense, distribute or mail 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 1,000 feet of the proposed new or modified source
at least 30 days prior to the date final action on the application is
to be taken by the officer. The officer shall review and consider
all comments received during the 30 days after the notice is
distributed, and shall include written responses to the comments in
the permit application file prior to taking final action on the
application.
(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.
(2) Nothing in this subdivision precludes, at the discretion of
the air pollution control officer and with permission of the school,
the distribution of the notices to the children to be given to their
parents or guardians.
(c) Notwithstanding subdivision (b), an air pollution control
officer may require the applicant to distribute the notice if the
district had such a rule in effect prior to January 1, 1989.
(d) The requirements for public notice pursuant to subdivision (b)
or a district rule in effect prior to January 1, 1989, are fulfilled
if the air pollution control officer or applicant responsible for
giving the notice makes a good faith effort to follow the procedures
prescribed by law for giving the notice, and, in these circumstances,
failure of any person to receive the notice shall not affect the
validity of any permit subsequently issued by the officer.
(e) Nothing in this section shall be deemed to limit any existing
authority of any district.
(f) An applicant for a permit shall certify whether the proposed
source or modification is located within 1,000 feet of a schoolsite.
Misrepresentation of this fact may result in the denial of a permit.
(g) The notice requirements of this section shall not apply if the
air pollution control officer determines that the application to
construct or modify a source will result in a reduction or equivalent
amount of air contaminants, as defined in Section 39013, or which
are hazardous air emissions.
(h) As used in this section:
(1) "Hazardous air emissions" means emissions into the ambient air
of air contaminants which have been identified as a toxic air
contaminant by the state board or by the air pollution control
officer for the jurisdiction in which the project is located. As
determined by the air pollution control officer, hazardous air
emissions also means emissions into the ambient air from any
substances identified in subdivisions (a) to (f), inclusive, of
Section 44321 of the Health and Safety Code.
(2) "Acutely hazardous material" means any material defined
pursuant to subdivision (a) of Section 25532.
42301.7. (a) If the air pollution control officer determines there
is a reasonably foreseeable threat of a release of an air contaminant
from a source within 1,000 feet of the boundary of a school that
would result in a violation of Section 41700 and impact persons at
the school, the officer shall, within 24 hours, notify the
administering agency and the fire department having jurisdiction over
the school.
(b) The administering agency may, in responding to a reasonably
foreseeable threat of a release, do any of the following:
(1) Review the facility's risk management and prevention plan
prepared pursuant to Section 25534 to determine whether the program
should be modified, and, if so, require submission of appropriate
modifications. Notwithstanding any other provision of law, the
administering agency may order modification and implementation of a
revised risk management and prevention plan at the earliest feasible
date.
(2) If the facility has not filed a risk management and prevention
plan with the administering agency, require the preparation and
submission of a plan to the administering agency pursuant to Section
25534. Notwithstanding any other provision of law, the administering
agency may require the filing of a risk management and prevention
plan and its implementation at the earliest feasible date.
(c) The air pollution control officer may, in responding to a
reasonably foreseeable threat of a release, do any of the following:
(1) If necessary, issue an immediate order to prevent the release
or mitigate the reasonably foreseeable threat of a release in
violation of Section 41700 pending a hearing pursuant to Section
42450 when there is a substantial probability of an injury to persons
at a school resulting from a release that makes it reasonably
necessary to take immediate action to prevent, reduce, or mitigate
that injury. The officer may not issue such an order unless there is
written concurrence to issue the order by a representative of the
administering agency.
(2) Apply to the district board for issuance of an order for
abatement pursuant to Section 42450.
(d) Nothing in this section limits any existing authority of any
district.
42301.8. Upon receiving a request, for good cause, from the
principal or an authorized representative of the principal of a
school, the district shall, within 24 hours, respond to the request
and notify the administering agency and the fire department having
jurisdiction over the school. The administering agency, upon
receiving such a request, shall notify the district within 24 hours.
42301.9. For the purposes of Sections 42301.5 to 42301.8,
inclusive:
(a) "School" means 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.
(b) "Air contaminant" means any contaminant defined pursuant to
Section 39013.
(c) "Administering agency" means an agency designated pursuant to
Section 25502.
(d) "Handle" means handle as defined in Article 1 (commencing with
Section 25500) of Chapter 6.95 of Division 20 of the Health and
Safety Code.
42301.10. In any district that has a permit system established
pursuant to Section 42300, the air pollution control officer may
include, in any permit issued to a Title V source, emission limits,
standards, and other requirements that ensure compliance with all
federal Clean Air Act "applicable requirements," as that term is
defined in regulations adopted by the Environmental Protection Agency
pursuant to Title V, including those requirements specified in an
applicable implementation plan as defined by Section 7602(q) of Title
42 of the United States Code, and Parts C (42 U.S.C. Sec. 7470 et
seq.) and D (42 U.S.C. Sec. 7501 et seq.) of Title 1 of the Clean Air
Act.
42301.11. It is the intent of the Legislature that, in addition to
their responsibilities and obligations under state and federal law,
in implementing Title V, districts do all of the following, to the
extent feasible:
(a) Develop, in recognition that districts are obligated to issue
one-third of the Title V permits within one year of the Title V
program's approval by the Environmental Protection Agency, and in
recognition that sources are allowed one year to submit a Title V
permit application, an equitable program for ensuring that all
sources receive as much time as feasible to develop and submit permit
applications. In developing the program the districts shall
recognize the complexity and size of the facilities, the number and
similarity of facilities within each industry category, the level of
effort required to develop the permit application, and the resources
available to complete the application. The districts should also
consider potential incentive programs to promote voluntary early
permit application submissions.
(b) Consider the advantages and disadvantages of including the
permit shield authorized by subsection (f) of Section 70.6 of Title
40 of the Code of Federal Regulations in all Title V permits to
clarify the federal compliance responsibilities of Title V sources.
(c) Consistent with state and federal regulations, allow the use
of emission monitoring alternatives, when available and having the
accuracy required to ensure enforcement and compliance, in lieu of
the use of continuous emission monitors.
(d) Encourage the issuance of Title V permits for five-year terms.
42301.12. (a) Any district permit system or permit provision
established by a district board to meet the requirements of Title V
shall, consistent with federal law, minimize the regulatory burden on
Title V sources and the district and shall meet all of the following
criteria:
(1) Apply only to Title V sources.
(2) Issue permits pursuant to Title V only after the Environmental
Protection Agency has approved the district's Title V permit
program.
(3) Identify in the permit, to the greatest extent feasible,
permit terms and conditions which are federally enforceable and those
which are not federally enforceable. A district shall make that
identification by either of the following means:
(A) Identifying in the permit the terms and conditions that are
federally enforceable because they are imposed pursuant to a federal
requirement or because the source has requested the terms and
conditions and federal enforceability thereof and the permitting
district has not determined that the request does not meet all
applicable federal requirements and guidelines.
(B) Identifying in the permit the terms and conditions which are
imposed pursuant to state law or district rules and are not federally
enforceable. Districts may further identify those terms and
conditions of the permit which are not federally enforceable, but
which have been included in the permit to enforce district rules
adopted by the district to meet federal requirements.
(4) Utilize, to the extent reasonably feasible, general permits
and similar methods to reduce source and district permitting burdens
for Title V sources.
(5) Establish clear and simple application completeness criteria.
(6) To the extent feasible, minimize the burden of federally
mandated paperwork such as recordkeeping and reporting documents.
(7) Allow sources maximum flexibility in selecting cost-effective,
reliable, and representative monitoring methods consistent with
applicable state and federal requirements.
(8) If a permit is required to be reopened to comply with Title V
requirements, base the reopening upon the federal criteria for
reopening and limit the reopening to only the federal component of
the Title V permit. This paragraph is not intended to limit in any
way the authority under state law to reopen permits.
(9) Authorize administrative permit amendments and minor permit
modifications as required by federal law.
(10) Provide that, unless the district determines that a Title V
application is not complete within 60 days of receipt of the
application, the application shall be deemed to be complete.
(11) Authorize, to the extent consistent with existing state law,
mandatory operational flexibility provisions required pursuant to
Part 70 (commencing with Section 70.1) of Title 40 of the Code of
Federal Regulations, and consider optional operational flexibility
provisions established pursuant to Part 70 (commencing with Section
70.1) of Title 40 of the Code of Federal Regulations. Nothing in this
paragraph is intended to affect whatsoever any pending litigation.
(12) Make every reasonable effort, in partnership with Title V
sources and the state board, to evaluate and respond to the substance
of any objection to a proposed permit and to obtain expeditious
approval of Title V permits submitted to the Environmental Protection
Agency.
42301.13. (a) Notwithstanding any other provision of law, a
district shall not require, as part of its permit system or
otherwise, that any form of emission offset or emission credit be
provided to offset emissions resulting from any activity related to,
or involved in, the demolition or removal of a stationary source.
(b) (1) Notwithstanding any other provision of law regulating a
district permit system, an owner or operator of an existing portable
emissions unit may relocate that equipment within the same air basin
if both of the following requirements are met:
(A) The owner or operator provides, not less than 30 days prior to
the date that the equipment is relocated, written notice to the
district with jurisdiction over the location to which the equipment
is relocated, and any additional notice required by federal law.
(B) The existing permit conditions are at least as stringent as
the permit requirements in the district with jurisdiction over the
location to which the equipment is relocated.
(2) For purposes of this subdivision, "portable emissions unit"
means any article, machine, or other contrivance, including an
internal combustion engine, that meets all of the following criteria:
(A) Emits or may emit, or results in the emission of, any air
contaminant.
(B) Either by itself, or as part of another piece of equipment, is
designed to be, and is capable of, being moved from one location to
another.
(C) Must be periodically moved from one location to another
because of the nature of the operation in which it is used.
(c) Any equipment that is relocated pursuant to subdivision (b)
remains subject to all previously imposed permit terms and
conditions. If the permitted equipment that is relocated is placed
into substantially the same service that it was placed into at its
previous location, a district shall not impose any new permit terms
or conditions on that equipment, except site-specific terms and
conditions or public notice requirements.
42301.15. Each district shall adopt an expedited program for the
permitting of standby electrical generation facilities, distributed
generation facilities, geothermal facilities, including wells, and,
where applicable, natural gas transmission facilities, that ensures
those facilities will be operated in a manner that protects public
health and air quality. Upon request by a district, the Independent
System Operator and the Public Utilities Commission shall provide any
information necessary, as determined by the district, to implement
this section.
42301.16. (a) In addition to complying with the requirements of
this chapter, a permit system established by a district pursuant to
Section 42300 shall ensure that any agricultural source that is
required to obtain a permit pursuant to Title I (42 U.S.C. Sec. 7401
et seq.) or Title V (42 U.S.C. Sec. 7661 et seq.) of the federal
Clean Air Act is required by district regulation to obtain a permit
in a manner that is consistent with the federal requirements.
(b) Except as provided in subdivision (c), a district shall
require an agricultural source of air pollution to obtain a permit
unless it makes all of the following findings in a public hearing:
(1) The source is subject to a permit requirement pursuant to
Section 40724.6.
(2) A permit is not necessary to impose or enforce reductions of
commissions of air pollutants that the district show cause or
contribute to the violation of state or federal ambient air quality
standard.
(3) The requirement for the source or category of sources to
obtain a permit would impose a burden on those sources that is
significantly more burdensome than permits required for other similar
sources of air pollution.
(c) Prior to requiring a permit for an agricultural source of air
pollution with actual emissions that are less than one-half of any
applicable emissions threshold for a major source in the district,
for any air contaminant, but excluding fugitive dust, a district
shall, in a public hearing, make all of the following findings:
(1) The source is not subject to a permit requirement pursuant to
Section 40724.6.
(2) A permit is necessary to impose or enforce reductions of
emission of air pollutants that the district show cause or contribute
to a violation of a state or federal ambient air quality standard.
(3) The requirement for a source or category of sources to obtain
a permit would not impose a burden on those sources that is
significantly more burdensome than permits required for other similar
sources of air pollution.
42301.17. (a) A district may adopt by regulation a program under
which the district does not require a permit to be obtained by an
agricultural source of air pollution that the district may otherwise
require to obtain a permit if the owner or operator of the source has
taken the following actions to reduce emissions from the source:
(1) Removed all internal combustion engines used in the production
of crops or the raising of fowl or animals, except an engine that is
used to propel implements of husbandry, at the source and replaced
them with engines that meet or exceed the most stringent standards
adopted by the state board and the United States Environmental
Protection Agency for new internal combustion engines.
(2) Reduced or mitigated emissions from all agricultural
activities, including, but not limited to, tilling, discing,
cultivation, the raising of livestock and fowl, and similar
activities, to a level that the district determines does not cause,
or contribute to, a violation of a state or federal ambient air
standard, toxic air contaminant, or other air emission limitation.
(3) Reduced or mitigated all emissions from any farm equipment,
underground petroleum fuel tanks, or other similar equipment used in
agricultural activities to a level that the district determines does
not cause or contribute to a violation of a state or federal ambient
air standard, toxic air contaminant, or other air emission
limitation.
(4) Complied with any other conditions required by state or
federal law or district rule or regulation for the source.
(b) Subdivision (a) does not apply to those permits required to be
issued pursuant to Title I (42 U.S.C. Sec. 7401 et seq.) or Title V
(42 U.S.C. Sec. 7661 et seq.).
42301.18. (a) Any agricultural source that existed prior to January
1, 2004, that becomes subject to a permit requirement pursuant to a
district rule or regulation that was adopted prior to that date shall
be permitted as an existing source and not as a new source.
(b) Any agricultural source that is an existing source pursuant to
subdivision (a) shall be permitted by the district based upon its
maximum potential to emit air contaminants, to the extent that level
can be determined, as of January 1, 2004.
(c) A district may not require an agricultural source to obtain
emissions offsets for criteria pollutants for that source if
emissions reductions from that source would not meet the criteria for
real, permanent, quantifiable, and enforceable emission reductions.
42302. An applicant for a permit that has been denied may request,
within 30 days after receipt of the notice of the denial, the hearing
board of the district to hold a hearing on whether the permit was
properly denied.
42302.1. Within 30 days of any decision or action pertaining to the
issuance of a permit by a district, or within 30 days after mailing
of the notice of issuance of the permit to any person who has
requested notice, or within 30 days of the publication and mailing of
notice provided for in Section 1 of Chapter 1131 of the Statutes of
1993, any aggrieved person who, in person or through a
representative, appeared, submitted written testimony, or otherwise
participated in the action before the district may request the
hearing board of the district to hold a public hearing to determine
whether the permit was properly issued. Except as provided in Section
1 of Chapter 1131 of the Statutes of 1993, within 30 days of the
request, the hearing board shall hold a public hearing and shall
render a decision on whether the permit was properly issued.
42303. An air pollution control officer, at any time, may require
from an applicant for, or the holder of, any permit provided for by
the regulations of the district board, such information, analyses,
plans, or specifications which will disclose the nature, extent,
quantity, or degree of air contaminants which are, or may be,
discharged by the source for which the permit was issued or applied.
42303.2. (a) An air pollution control officer, at any time, may,
for the purpose of permitting or enforcement actions, require from
the in-state or out-of-state supplier, wholesaler, or distributor of
volatile organic compounds or chemical substances the use of which
results in air contaminants subject to regulation or enforcement by
the district, customer lists and chemical types and quantities of
those compounds and substances as specified by the district pursuant
to subdivision (b) which are purchased by, or on order for, a
specified source operator within the district.
The supplier, wholesaler, or distributor shall disclose the
information required pursuant to this section to the district.
(b) Prior to implementing subdivision (a), an air pollution
control officer shall prepare a comprehensive list of volatile
organic compounds or chemical substances the use of which results in
the emission of air contaminants which are subject to regulation or
enforcement by the district.
(c) (1) Any officer or employee of the district or of a district
contractor, or former officer or employee, who, by virtue of that
employment or official position has possession of, or has access to,
any confidential information that is a trade secret, customer list,
or supplier name acquired pursuant to this section, and who, knowing
that the disclosure of the information to the general public is
prohibited by this section, knowingly and willfully discloses the
information in any manner to any person not entitled to receive it,
is guilty of a misdemeanor punishable by a six month county jail term
and a fine not to exceed one thousand dollars ($1,000).
(2) Any officer or employee of the district or of a district
contractor, or former officer or employee, who, by virtue of that
employment or official position has possession of, or has access to,
any other confidential information acquired pursuant to this section,
and who, knowing that the disclosure of the information to the
general public is prohibited by this section, and who, knowing that
the disclosure of the information to the general public is prohibited
by this section, knowingly and willfully discloses the information
in any manner to any person not entitled to receive it, is guilty of
a misdemeanor punishable by a 10-day county jail term or a fine not
to exceed five hundred dollars ($500).
(d) The penalties provided in subdivision (c) shall be in addition
to any existing civil penalties and remedies available under the
law.
(e) Except for the purposes of any enforcement or permit action,
and except for information obtained from an independent source, all
information received or compiled by an air pollution control officer
from a supplier, wholesaler, or distributor pursuant to subdivision
(a) is confidential for the purposes of Chapter 3.5 (commencing with
Section 6250) of Division 7 of Title 1 of the Government Code, and
shall not be disclosed.
42303.5. No person shall knowingly make any false statement in any
application for a permit, or in any information, analyses, plans, or
specifications submitted in conjunction with the application or at
the request of the air pollution control officer.
42304. If, within a reasonable time, the holder of any permit
issued by a district board willfully fails and refuses to furnish the
information, analyses, plans, or specifications requested by the
district air pollution control officer, such officer may suspend the
permit. Such officer shall serve notice in writing of such suspension
and the reasons therefor on the permittee.
42305. The air pollution control officer shall reinstate a
suspended permit when furnished with all the requested information,
analyses, plans, and specifications.
42306. Within 10 days after receipt of the notice of suspension
pursuant to Section 42304, the permittee may request the hearing
board of the district to hold a hearing on whether or not the permit
was properly suspended.
42307. An air pollution control officer may request the hearing
board of the district to hold a hearing to determine whether a permit
should be revoked, if he finds that the holder of the permit is
violating any applicable order, rule, or regulation of the district
or any applicable provision of this division.
42308. Within 30 days after a hearing has been requested pursuant
to Section 42302, 42306, or 42307, the hearing board shall hold a
hearing pursuant to Chapter 8 (commencing with Section 40800) of Part
3.
42309. After a hearing, the hearing board may do any of the
following:
(a) Grant a permit denied by the air pollution control officer.
(b) Continue the suspension of a permit suspended by the air
pollution control officer.
(c) Remove the suspension of an existing permit invoked by the air
pollution control officer pending the furnishing by the permittee of
the information, analyses, plans, and specifications required.
(d) Find that no violation exists and reinstate an existing
permit.
(e) Revoke an existing permit, if it finds any of the following:
(1) The permittee has failed to correct any conditions required by
the air pollution control officer.
(2) A refusal of a permit would be justified.
(3) Fraud or deceit was employed in the obtaining of the permit.
(4) Any violation of this part, or of any order, rule, or
regulation of the district.
42310. (a) A permit shall not be required for any of the following:
(1) Any vehicle.
(2) Any structure designed for and used exclusively as a dwelling
for not more than four families.
(3) An incinerator used exclusively in connection with a structure
described in paragraph (2).
(4) Barbecue equipment that is not used for commercial purposes.
(5) (A) Repairs or maintenance not involving structural changes to
any equipment for which a permit has been granted.
(B) As used in this paragraph, maintenance does not include
operation.
(b) Nothing in this section shall affect any requirements imposed
on a district or a source of air pollution, including, but not
limited to, an agricultural source, pursuant to the federal Clean Air
Act (42 U.S.C. Sec. 7401 et seq.).
42310.5. (a) Notwithstanding any provision of any district permit
system, including the south coast district permit system, any permit
issued for the operation of equipment at an asphalt plant shall be
valid for operation of the equipment by another operator if all of
the following conditions are met:
(1) The permitted operator has given the new operator a copy of
the operating permit.
(2) The permitted operator has filed, with the district, a copy of
the operating permit attached to a signed statement from the new
operator agreeing to comply with the terms of the permit.
(3) The permitted operator has paid a reasonable administrative
fee as determined by the district.
(b) If the operation of the equipment by the new operator results
in a violation of any state law or rule or regulation of the state
board or district adopted pursuant to this division, the liability
for the violation shall be determined based upon whether the conduct
of the permitted operator or the new operator, or both, caused the
violation.
42311. (a) A district board may adopt, by regulation, a schedule of
annual fees for the evaluation, issuance, and renewal of permits to
cover the cost of district programs related to permitted stationary
sources authorized or required under this division that are not
otherwise funded. The fees assessed under this section shall not
exceed, for any fiscal year, the actual costs for district programs
for the immediately preceding fiscal year with an adjustment not
greater than the change in the annual California Consumer Price
Index, as determined pursuant to Section 2212 of the Revenue and
Taxation Code, for the preceding year. Any revenues received by the
district pursuant to the fees, which exceed the cost of the programs,
shall be carried over for expenditure in the subsequent fiscal year,
and the schedule of fees shall be changed to reflect that carryover.
Every person applying for a permit, notwithstanding Section 6103 of
the Government Code, shall pay the fees required by the schedule.
Nothing in this subdivision precludes the district from recovering,
through its schedule of annual fees, the estimated reasonable costs
of district programs related to permitted stationary sources.
(b) The district board may require an applicant to deposit a fee
in accord with the schedule adopted pursuant to subdivision (a) prior
to evaluating a permit application, if the district accounts for the
costs of its services and refunds to the applicant any significant
portion of the deposit which exceeds the actual, reasonable cost of
evaluating the application.
(c) Except as provided in Section 42313, all the fees shall be
paid to the district treasurer to the credit of the district.
(d) This section does not apply to the south coast district board
which is governed by Section 40510.
(e) In addition to providing notice as otherwise required, before
adopting a regulation establishing fees pursuant to this section, the
district board shall hold at least one public meeting, at which oral
or written presentations can be made, as part of a regularly
scheduled meeting. Notice of the time and place of the meeting,
including a general explanation of the matter to be considered, and a
statement that the information required by this section is
available, shall be mailed at least 14 days prior to the meeting to
any interested party who files a written request with the district
board. Any written request for the mailed notices shall be valid for
one year from the date on which it is filed unless a renewal request
is filed. Renewal requests for the mailed notices shall be filed on
or before April 1 of each year. The district board may establish a
reasonable annual charge for sending the notices based on the
estimated cost of providing that service. At least 10 days prior to
the meeting, the district board shall make available to the public
information indicating the amount of cost, or estimated cost,
required to provide the service for which the fee is charged and the
revenue sources anticipated to provide the service. Any costs
incurred by the district board in conducting the required meeting may
be recovered from fees charged for the programs which were the
subject of the meeting.
(f) In addition to any other fees authorized by this section, a
district board may adopt, by regulation, a schedule of annual fees to
be assessed against permitted nonvehicular sources emitting toxic
air contaminants identified pursuant to the procedure set forth in
Sections 39660, 39661, and 39662. A district board shall demonstrate
that the fees assessed under this subdivision do not exceed the
reasonable, anticipated costs of funding district activities mandated
by Section 39666 related to nonvehicular source emissions. In making
the demonstration, the district shall account for all direct and
indirect costs of district activities related to each toxic air
contaminant. If the district does not make this demonstration, it
shall make reimbursement for that portion of the fee not determined
to be reasonable.
(g) A district may adopt, by regulation, a schedule of fees to be
assessed on areawide or indirect sources of emissions which are
regulated, but for which permits are not issued, by the district to
recover the costs of district programs related to these sources.
(h) A district board may adopt, by regulation, a schedule of fees
to cover the reasonable costs of the hearing board incurred as a
result of appeals from district decisions on the issuance of permits.
However, the hearing board may waive all or part of these fees if it
determines that circumstances warrant that waiver.
(i) Nothing in the amendments to this section enacted in 1988
limits or abridges any previously existing authority of a district to
vary fees according to quantity of emissions, nor affects any
pending litigation which might affect that previous authority.
42311.2. (a) Notwithstanding Section 42311, a district shall not
adopt or impose fees that exceed actual district administrative costs
for processing or enforcing permits applicable to any of the
following:
(1) Prescribed burning operations on state responsibility lands
conducted under the terms of a permit issued by the Department of
Forestry and Fire Protection pursuant to Article 3 (commencing with
Section 4491) of Chapter 7 of Part 2 of Division 4 of the Public
Resources Code when the purpose of the operation is prevention of
high-intensity wildland fires through reduction of the volume and
continuity of wildland fuels.
(2) Burning of vegetation or disposal of slash following timber
operations required under regulations adopted by the State Board of
Forestry and Fire Protection pursuant to Section 4551.5 or 4562 of
the Public Resources Code and for the purpose of reducing the
incidence and spread of fires on timberlands.
(3) Wildland vegetation management burns.
(A) For purposes of this subdivision, "wildland vegetation
management burn" means the use of prescribed burning conducted by a
public agency, or through a cooperative agreement or contract
involving a public agency to burn land predominantly covered with
chaparral, trees, grass, or standing brush.
(B) For purposes of this subdivision, "prescribed burning" is the
planned application and confinement of fire to wildland fuels on
lands selected in advance of that application to achieve any of the
following objectives:
(i) Prevention of high-intensity wildland fires through reduction
of the volume and continuity of wildland fuels.
(ii) Watershed management.
(iii) Range improvement.
(iv) Vegetation management.
(v) Forest improvement.
(vi) Wildlife habitat improvement.
(vii) Air quality maintenance.
(C) The planned application of fire may include natural or
accidental ignition.
(b) Prior to adopting or revising fees for the activities
described in paragraph (1), (2), or (3) of subdivision (a), a
district shall hold a public hearing and shall consider the
following:
(1) The costs of the fees on private landowners and other persons
who engage in activities specified in paragraph (1), (2), or (3) of
subdivision (a).
(2) Any revenues currently provided to the county for general
government by public agencies that administer public lands.
42311.5. A district board may increase its fee schedule adopted
under Section 42311 to generate sufficient revenues to pay for any
district costs associated with the implementation of Section 66796.53
of the Government Code or Section 41805.5.
42312. To aid in administering its permit system, a district board
may contract with any county or city included, in whole or in part,
within the district, and any such county or city may contract with
the district, for the performance of such work in the name of, and
subject to the approval of, the district air pollution control
officer by the building department or other officer, department, or
agency of the county or such city charged with the enforcement of
regulations pertaining to the erection, construction, reconstruction,
movement, conversion, alteration, or enlargement of buildings or
structures.
42313. Except in the case of a contract entered into between a
county district and the county, a contract entered into pursuant to
Section 42312 may provide that fees for permits shall be paid to the
city or county which issues the permit and may be retained by that
city or county, in whole or in part, as the consideration, or part
thereof, for issuing the permits. Otherwise, all fees paid for the
issuance of permits shall be paid into the district treasury.
42314. (a) Notwithstanding any other provision of any district
permit system, and except as provided in this section, no district
shall require emissions offsets for any cogeneration technology
project or resource recovery project that satisfies all of the
following requirements:
(1) The project satisfies one of the following size criteria:
(A) The project produces 50 megawatts or less of electricity. In
the case of a combined cycle project, the electrical capacity of the
steam turbine may be excluded from the total electrical capacity of
the project for purposes of this paragraph if no supplemental firing
is used for the steam portion and the combustion turbine has a
minimum efficiency of 25 percent.
(B) The project processes municipal wastes and produces more than
50 megawatts, but less than 80 megawatts, of electricity.
(2) The project will use the appropriate degree of pollution
control technology (BACT or LAER) as defined and to the extent
required by the district permit system.
(3) Existing permits for any item of equipment to be replaced by
the project, whether the equipment is owned by the applicant or a
thermal beneficiary of the project, are surrendered to the district
or modified to prohibit operation simultaneously with the project to
the extent necessary to satisfy district offset requirements. The
emissions reductions associated with the shutdown of existing
equipment shall be credited to the project as emissions offsets in
accordance with district rules.
(4) The applicant has provided offsets to the extent they are
reasonably available from facilities it owns or operates in the air
basin and that mitigate the remaining impacts of the project.
(5) For new projects that burn municipal waste, landfill gas, or
digester gas, the applicant has, in the judgment of the district,
made a good faith effort to secure all reasonably available emissions
offsets to mitigate the remaining impact of the project, and has
secured all reasonably available offsets.
(b) This section applies to any project for which an application
for an authority to construct is deemed complete by the district
after January 1, 1986, only if the project's net emissions, combined
with the net emissions from projects previously permitted under this
section, are less than the amount provided for in the applicable
growth allowance established by the district pursuant to Section
41600. If a district has not yet provided a growth allowance pursuant
to Section 41600, the growth allowance is zero. For purposes of this
subdivision, "net emissions" means the project's emissions, less any
offsets provided by the applicant and less utility displacement
credits granted pursuant to Section 41605.
(c) This section does not relieve a project from satisfying all
applicable requirements of Part C (Prevention of Significant
Deterioration) of the Clean Air Act, as amended in 1977 (42 U.S.C.
Sec. 7401 et seq.), or any rules or regulations adopted pursuant to
Part C.
42314.1. (a) Except as provided in subdivision (b), to the extent
permissible under federal law, and notwithstanding any state or local
new source review or prevention of significant deterioration rule or
regulation, at the request of an applicant, a district shall issue
permits for the construction of a project which burns municipal
waste, landfill gas, or digester gas, if all of the following
conditions are met:
(1) The project produces less than 50 megawatts of electricity,
except as provided in paragraph (4).
(2) The project will utilize the appropriate degree of pollution
control technology (BACT or LAER) required by the new source review
rule of the district.
(3) The project applicant has, in the judgment of the district,
made a good faith effort to secure all available emission offsets to
mitigate the impact of the project, but sufficient offsets or other
mitigation measures are not available. The applicant, however, is
required to secure all the offsets which are available to mitigate
the air quality impact of the project, except for projects which
constitute a modification to an existing source under the district's
new source review rule, in which case the applicant is only required
to provide offsets from facilities which the applicant owns or
operates within the air basin.
(4) The project produces 50 megawatts or more, but less than 80
megawatts, of electricity, meets the requirements of paragraphs (2)
and (3), is located in a district whose state implementation plan
revisions have been approved by the Environmental Protection Agency
and that has attained, or is reasonably expected to attain, national
air quality standards for any criteria pollutant for which sufficient
growth allowances are available in the air quality maintenance plan
or, in the event the project would cause any criteria pollutant to
exceed the available or possible future growth allowance, the
applicant secures offsets in an amount equal to the excess in the
growth allowance, and processes municipal wastes from one or more
municipalities. Any project under this paragraph shall comply with
applicable prevention of significant deterioration rules and
regulations.
(b) If a proposed project permitted under subdivision (a) has an
electrical generating capacity of 50 megawatts or more, the district
shall determine whether the project meets the requirements of this
section and, in making its determination, shall consider the
potential emission of noncriteria pollutants from project facilities
and shall develop appropriate permit conditions. The district shall
submit its determination and supporting analyses, including the
analysis of noncriteria pollutants and appropriate permit conditions,
to the State Energy Resources Conservation and Development
Commission for use pursuant to Chapter 6 (commencing with Section
25500) of Division 15 of the Public Resources Code.
(c) Any permit issued pursuant to subdivision (a), and any
determination made by a district pursuant to subdivision (b), shall
meet the additional requirements of Section 42315.
42314.2. (a) The time limits established under Sections 65950,
65950.1, and 65952 of the Government Code for approval or disapproval
of development projects may be extended for district review of an
application for a permit for a resource recovery project upon the
mutual consent of the district and the permit applicant.
Notwithstanding Section 65957 of the Government Code, an extension
made pursuant to this section shall not exceed nine months beyond the
time limits established under Sections 65950, 65950.1, and 65952 of
the Government Code.
(b) The district shall provide public notification at least 30
days prior to the effective date of any extension consented to under
subdivision (a), which shall specify the reasons for, and the
duration of, the extension period. The district shall provide this
public notification by publishing a notice once a week for two
consecutive weeks in a newspaper of general circulation in the
district.
42314.5. In considering a permit for a facility that utilizes
agricultural waste products, forest waste products, or similar
organic wastes as biomass fuel in a steam generator (boiler) to
produce electrical energy, or to be used as a digester feedstock in a
cogeneration facility, the district shall allow offset credits as
provided in Sections 41600 and 41605.5.
42315. (a) No district shall issue or renew a permit for the
construction of, renew a permit for the operation of, or issue a
determination of compliance for, any project which burns municipal
waste or refuse-derived fuel unless all of the following conditions
have been met:
(1) The project will not prevent or interfere with the attainment
or maintenance of state and federal ambient air quality standards.
(2) The project will comply with all applicable emission
limitations established prior to issuance of the permit or the
determination of compliance.
(3) The project will, after issuance of the permit or
determination of compliance, comply with toxic air contaminant
control measures adopted by the district pursuant to Section 39666,
and regulations adopted by the district pursuant to Section 41700 for
the protection of public health. Notwithstanding Section 42301. 5,
compliance with this subdivision shall be consistent with a
reasonable schedule, as determined by the district.
(4) (A) A health risk assessment is performed and is submitted by
the district to both the state board and the State Department of
Health Services for review. The state board shall review and, within
15 days, notify the district and the applicant as to whether the data
pertaining to emissions and their impact on ambient air quality are
adequate for completing its review pursuant to this subdivision, and
what additional data, if any, are required to complete its review.
Within 45 days of receiving the health risk assessment, the state
board shall submit its comments in writing to the district, on the
data pertaining to emissions and their impact on ambient air quality.
The district shall forward a copy of the comments of the state board
to the State Department of Health Services. The State Department of
Health Services shall review and, within 90 days of receiving the
health risk assessment, shall submit its comments to the district on
the data and findings relating to health effects.
(B) For purposes of complying with the requirements of this
paragraph, the State Department of Health Services may select a
qualified independent contractor to review the data and findings
relating to health effects. In those cases, the review by the
independent contractor shall comply with the following requirements:
(i) Be performed in a manner consistent with guidelines provided
by the state department.