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California Air Pollution Control Laws

HEALTH AND SAFETY CODE

Division 26 Air Resources

Part 3 Air Pollution Control Districts

Chapter 10 District Plans to Attain State Ambient Air Quality Standards

§ 40918. Plan of district with moderate air pollution

(a) Each district with moderate air pollution shall, to the extent necessary to meet the requirements of the plan developed pursuant to Section 40913, include the following measures in its attainment plan:

(1) A stationary source control program designed to achieve no net increase in emissions of nonattainment pollutants or their precursors from new or modified stationary sources which emit or have the potential to emit 25 tons per year or more of nonattainment pollutants or their precursors. The program shall require the use of best available control technology for any new or modified stationary source which has the potential to emit 25 pounds per day or more of any nonattainment pollutant or its precursors.

(2) The use of reasonably available control technology for all existing stationary sources, except that stationary sources permitted to emit five tons or more per day or 250 tons or more per year shall be equipped with the best available retrofit control technology.

(3) Reasonably available transportation control measures sufficient to substantially reduce the rate of increase in passenger vehicle trips and miles traveled per trip if the district contains an urbanized area with a population of 50,000 or more.

(4) Provisions to develop areawide source and indirect source control programs.

(5) Provisions to develop and maintain an emissions inventory system to enable analysis and progress reporting and a commitment to develop other analytical techniques to carry out its responsibilities pursuant to subdivision (b) of Section 40924.

(6) Provisions for public education programs to promote actions to reduce emissions from transportation and areawide sources.

(b) Any district with moderate air pollution that is not below the pollutant concentrations for a moderate classification pursuant to Sections 40921 and 40921.5 by December 31, 1997, shall comply with Section 40919 if the state board demonstrates that the additional requirements of Section 40919 will substantially expedite the district's attainment of the state ambient air quality standards. Any actions taken by the state board pursuant to this subdivision are subject to Section 41503.4.

Added Stats 1988 ch 1568 § 11. Amended Stats 1992 ch 945 § 5 (AB 2783); Stats 1996 ch 771 § 2 (AB 2525), ch 777 § 7 (AB 3048).

Amendments:

1992 Amendment: (1) Deleted subdivision designation subd (a); (2) redesignated former subds (a)(1)-(a)(6) to be subds (a)-(g); (3) added the second sentence to subd (a); (4) amended subd (b) by (a) adding “The use of” in the beginning; and (b) substituting “stationary sources, except that stationary sources permitted to emit five tons or more per day or 250 tons or more per year shall be equipped with the best available retrofit control technology” for “sources” at the end; (5) substituted “areawide” for “area” after “to develop” in subd (d); and (6) deleted former subd (b) which read: “(b) A district's air pollution is moderate if the state board finds and determines that the district can attain and maintain the applicable state standard by not later than December 31, 1994.”

1996 Amendment: (1) Added subdivision designation (a); (2) redesignated former subds (a)-(f) to be subds (a)(1)-(a)(6) and subd (g) to be subd (b); (3) substituted “stationary source control” for “permitting” in subd (a)(1); and (4) substituted subd (b) for the former subdivision which read: “Any district with moderate air pollution that has not met the criteria for a nonattainment-transitional designation pursuant to Section 40925.5 by December 31, 1997, shall comply with Section 40919.” (As amended Stats 1996 ch 777, compared to the section as it read prior to 1996. This section was also amended by an earlier chapter, ch 771. See Gov C § 9605.)

Note- Stats 1992 ch 945 provides:

SEC. 18. The Legislature hereby finds and declares that this act, including, but not limited to, the revisions to Sections 40918, 40919, and 40920 of the Health and Safety Code by Sections 5.5, 6, and 7 of this act, respectively, and the addition of Section 40920.5 to the Health and Safety Code by Section 8 of this act, is intended to establish minimum requirements for air pollution control districts and air quality management districts. Nothing in this act is intended to limit or otherwise discourage those districts from adopting rules and regulations which exceed these requirements and which are designed to achieve state ambient air quality standards at the earliest practicable date.

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