Browse Previous Page | Table of Contents | Browse Next Page

California Air Pollution Control Laws

HEALTH AND SAFETY CODE

Division 26 Air Resources

Part 3 Air Pollution Control Districts

Chapter 6 General Powers and Duties

§ 40709.6. Offset by reductions credited to stationary source located in another district

(a) Increases in emissions of air pollutants at a stationary source located in a district may be offset by emission reductions credited to a stationary source located in another district if both stationary sources are located in the same air basin or, if not located in the same air basin, if both of the following requirements are met:

(1) The stationary source to which the emission reductions are credited is located in an upwind district that is classified as being in a worse nonattainment status than the downwind district pursuant to Chapter 10 (commencing with Section 40910).

(2) The stationary source at which there are emission increases to be offset is located in a downwind district that is overwhelmingly impacted by emissions transported from the upwind district, as determined by the state board pursuant to Section 39610.

(b) The district, in which the stationary source to which emission reductions are credited is located, shall determine the type and quantity of the emission reductions to be credited.

(c) The district, in which the stationary source at which there are emission increases to be offset is located, shall do both of the following:

(1) Determine the impact of those emission reductions in mitigation of the emission increases in the same manner and to the same extent as the district would do so for fully credited emission reductions from sources located within its boundaries.

(2) Adopt a rule or regulation to discount the emission reductions credited to the stationary source in the other district. The discount shall not be less than the emission reduction for offsets from comparable sources located within the district boundaries.

(d) Any offset credited pursuant to subdivision (a) shall be approved by a resolution adopted by the governing board of the upwind district and the governing board of the downwind district, after taking into consideration the impact of the offset on air quality, public health, and the regional economy. Each district governing board may delegate to its air pollution control officer the board's authority to approve offsets credited pursuant to subdivision (a).

Added Stats 1990 ch 517 § 1 (SB 2672). Amended Stats 1994 ch 539 § 1 (SB 1416); Stats 1995 ch 91 § 84 (SB 975); Stats 1996 ch 269 § 1 (SB 2038), ch 771 § 1 (AB 2525).

Amendments:

1994 Amendment: In addition to making technical changes, (1) redesignated the former first, second, and third sentences to subds (a), (b), and (c); (2) amended subd (a) by (a) substituting “pollutants” for “contaminants” after “emissions of air”; (b) substituting “if both stationary” for “where both” after “in another district”; (c) substituting the period for “or, if not located in the same air basin, if both of the following requirements are met:” after “same air basin”; and (d) adding subds (a)(1) and (a)(2); (3) substituted “stationary source to which emission reductions are credited is located” for “source of emission reductions is located” after “in which the” in subd (b); (4) amended subd (c) by (a) substituting “stationary source at which there are emission increases to be offset is located, shall do both of the following:” for “proposed source of emission increases is located shall determine the impact of these emissions reductions in mitigation of the emission increases in the same manner and to the same extent as the district would do so for fully credited emission reductions from sources located within its boundaries” after “in which the”; and (b) adding subds (c)(1) and (c)(2); and (5) added subd (d).

1995 Amendment: Deleted “of the Health and Safety Code” at the end of subd (a)(2).

1996 Amendment: Amended subd (d) by (1) adding “, after taking into consideration the impact of the offset on air quality, public health, and the regional economy”; and (2) substituting the second sentence for the former second sentence which read: “Each district governing board may delegate to its air pollution control officer the board's authority to approve offsets credited pursuant to subdivision (a).”

Browse Previous Page | Table of Contents | Browse Next Page