(a) Except as provided in subdivision (b), the state board shall identify toxic air contaminants which are emitted into the ambient air of the state using the procedures and following the requirements prescribed by Article 3 (commencing with Section 39660).
(b) The state board shall, by regulation, designate any substance that is listed as a hazardous air pollutant pursuant to subsection (b) of Section 112 of the federal act (42 U.S.C. Sec. 7412(b)) as a toxic air contaminant. A regulation that designates a hazardous air pollutant as a toxic air contaminant shall be deemed to be a regulation mandated by federal law and is not subject to Sections 11346.2 and 11346.9 of the Government Code, Article 6 (commencing with Section 11349) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code, or Article 3 (commencing with Section 39660).
Added Stats 1992 ch 1161 § 3 (AB 2728). Amended Stats 1995 ch 938 § 71 (SB 523), operative January 1, 1996.
Former Sections: Former H & S C § 39657, similar to present H & S C § 39655, was added Stats 1983 ch 1047 § 1 and repealed Stats 1992 ch 1161 § 1.
Amendments:
1995 Amendment: Amended the second sentence of subd (b) by substituted (1) “that” for “which”; and (2) “Sections 11346.2 and 11346.9” for “Section 11346.7”
Note- Stats 1995 ch 938 provides:
SEC. 100. The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.