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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

§ 40920. Additional measures in plan of district with severe air pollution

Each district with severe air pollution shall, to the extent necessary to meet the requirements of Section 40913, include the following measures in its attainment plan:

(a) All measures required for moderate and serious nonattainment areas, as specified in Sections 40918 and 40919.

(b) 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, 10 tons or more per year.

(c) Measures sufficient to reduce overall population exposure to ambient pollutant levels in excess of the standard by at least 25 percent by December 31, 1994, 40 percent by December 31, 1997, and 50 percent by December 31, 2000, based on average per capita exposure and the severity of the exposure, so as to minimize health impacts, using the average level of exposure experienced during 1986 through 1988 as the baseline.

Added Stats 1988 ch 1568 § 11. Amended Stats 1990 ch 216 § 78 (SB 2510); Stats 1992 ch 945 § 7 (AB 2783); Stats 1996 ch 777 § 9 (AB 3048).

Amendments:

1990 Amendment: Substituted “Section 40918” for “Section 49018” in subd (a)(1).

1992 Amendment: (1) Deleted subdivision designation subd (a); (2) redesignated former subd (a)(1) to be subd (a); (3) added subd (b); (4) redesignated former subds (a)(2)-(a)(4) to be subds (c)-(e); (5) amended subd (c) by adding (a) “, 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 on the 1990 census” at the end of the first sentence; and (b) the second and third sentences; (6) substituted “exposure” for “exceedences” after “severity of the” in subd (e); and (7) deleted former subd (b) which read: “(b) A district's air pollution is severe if the state board finds and determines that the district cannot attain and maintain the applicable state standards until after December 31, 1997, or is unable to identify an attainment date.”

1996 Amendment: (1) Amended subd (b) by (a) substituting “stationary source control” for “permitting”; and (b) deleting “permitted” after “precursors from all”; (2) deleted former subds (c) and (d) which read: “(c) Transportation control measures to achieve an average during weekday commute hours of 1.5 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 on 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.“(d) Measures to achieve the use of a significant number of low-emission motor vehicles by operators of motor vehicle fleets.”; and (3) redesignated former subd (e) to be subd (c).

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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