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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

§ 40919. Plan of district with serious air pollution; Measures to be included

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

(1) All measures required for moderate nonattainment areas, as specified in Section 40918.

(2) A stationary source control program designed to achieve no net increase in emissions of nonattainment pollutants or their precursors from all new or modified stationary sources which emit, or have the potential to emit, 15 tons or more per year. The program shall require the use of best available control technology for any new or modified stationary source which has the potential to emit 10 pounds per day or more of any nonattainment pollutant or its precursors.

(3) The use of the best available retrofit control technology, as defined in Section 40406, for all existing permitted stationary sources.

(4) Measures to achieve the use of a significant number of low-emission motor vehicles by operators of motor vehicle fleets.

(b) Any district with serious air pollution that has not met the criteria for a moderate classification by December 31, 1997, shall comply with Section 40920 if the state board demonstrates that the additional requirements of Section 40920 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 § 6 (AB 2783); Stats 1996 ch 771 § 3 (AB 2525), ch 777 § 8 (AB 3048).

Amendments:

1992 Amendment: (1) Deleted subdivision designation subd (a); (2) redesignated former subds (a)(1) and (a)(2) to be subds (a) and (b); (3) amended subd (b) by adding (a) “which emit, or have the potential to emit, 15 tons or more per year” to the end of the first sentence; and (b) the second sentence; (4) added subd (c); (5) redesignated former subd (a)(3) to be subd (d); (6) amended subd (d) by adding (a) “, which archieve an average during weekday commute hours of 1.4 or more persons per passenger vehicle by 1999, and no net increase in vehicle emissions after 1997, if the district is located within, or contains all, or part of, a standard metropolitan statistical area with a population of 250,000 or more based upon the 1990 census” to the end of the first sentence; and (b) the second sentence; (7) added subds (e)-(g); and (8) deleted former subds (a)(4) and (b) which read: “(4) A requirement for the application of the best available retrofit control technology, as defined in Section 40406, to existing stationary sources. “(b) A district's air pollution is serious if the state board finds and determines that the district cannot attain and maintain the applicable state standard until after December 31, 1994, but can attain and maintain the standard by not later than December 31, 1994.”

1996 Amendment: (1) Added subdivision designation (a); (2) redesignated former subds (a)-(c) to be subds (a)(1)-(a)(3) and subd (e) to be subd (a)(4); (3) amended the first sentence of subd (a)(2) by (a) substituting “stationary source control” for “permitting”; and (b) deleting “permitted” after “from all”; (4) redesignated former subd (g) to be subd (b); (5) amended subd (b) by adding (a) “if the state board demonstrates that the additional requirements of Section 40920 will substantially expedite the district's attainment of the state ambient air quality standards” in the first sentence; and (b) the second sentence.(6) deleted former subd (d) which read: “(d) Transportation control measures to substantially reduce the rate of increase in passenger vehicle trips and miles traveled per trip, which achieve an average during weekday commute hours of 1.4 or more persons per passenger vehicle by 1999, and no net increase in vehicle emissions after 1997, if the district is located within, or contains all, or part of, a standard metropolitan statistical area with a population of 250,000 or more based upon the 1990 census. The state board shall establish guidelines for calculating average vehicle occupancy, after consultation with the Department of Transportation and other affected groups. The guidelines shall include methods for crediting telecommuting and other measures that concurrently reduce persons per vehicle and vehicle trips.”; and (7) deleted former subd (f) which read: “(f) In implementing subdivisions (d) and (e), a district shall endeavor to provide employers and businesses subject to regulation with regulatory and market-based incentives to facilitate compliance and with the opportunity to develop and demonstrate alternative strategies to achieve equivalent emission reductions that are not otherwise required by statute, rule, or regulation.” (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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