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HEALTH AND SAFETY CODE

Division 26 Air Resources

§ 40410.5. Sensitive zone

(a) There is hereby established within the south coast district a sensitive zone, which shall include the general forecast areas known as the San Gabriel/Pomona Valleys and the Riverside/San Bernardino areas.

(b) In addition to every other requirement for the issuance of a permit, the following requirements shall be applicable to the issuance of a permit by the south coast district for the construction or operation of any stationary source within the sensitive zone:

(1) When emission offsets are required to mitigate the air quality impacts of a stationary source, the offsets shall be secured by the applicant so as to bring about ambient air quality improvements within the sensitive zone. The applicant shall be required to demonstrate, to the satisfaction of the south coast district, that any emissions reductions acquired from stationary sources operating within the South Coast Air Basin will result in a demonstrable net ambient air quality improvement within the sensitive zone.

(2) In considering an application for a permit to construct or operate a stationary source, the south coast district board shall, in addition to making a finding and determination that the impacts of the stationary source will be mitigated so as to result in a net improvement in ambient air quality within the South Coast Air Basin, also make a finding and determination that the impacts of the stationary source can be mitigated so as to result in a net improvement in ambient air quality within the sensitive zone.

(c) The south coast district board shall adopt rules and regulations to implement this section by January 1, 1991.

(d) The south coast district shall report to the Legislature by January 1, 1992, on the implementation of subdivision (b). This report shall include a description of the impact of the requirements of subdivision (b) on the issuance of permits for the construction or operation of stationary sources within the sensitive zone, and upon air quality within the sensitive zone.


Added Stats 1987 ch 595 § 2. Amended Stats 1990 ch 686 § 1, (AB 3189), effective September 10, 1990.

ANNOTATIONS

Amendments:

1990 Amendment:
(1) Substituted subd (c) for former subd (c) which read: "(c) The requirements of subdivision (b) shall not apply until the south coast district board has adopted rules and regulations to implement this section."; and (2) added subd (d).
Cross References:
Plan and revisions to ensure that growth and development in sensitive zone are consistent with achieving and maintaining air quality standards: H & S C § 40462

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