{"code":"HSC","codeName":"Health and Safety Code","section":"42301.16","citation":"Health & Saf. Code, § 42301.16","status":"in-force","lawOn":"2026-09-28","headings":[{"name":"DIVISION 26. AIR RESOURCES [39000. - 44475.3.]","url":"https://blackletter.si/health-and-safety-code/division-26"},{"name":"PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500. - 42710.]","url":"https://blackletter.si/health-and-safety-code/division-26/part-4"},{"name":"CHAPTER 4. Enforcement [42300. - 42454.]","url":"https://blackletter.si/health-and-safety-code/division-26/part-4/chapter-4"},{"name":"ARTICLE 1. Permits [42300. - 42316.]","url":"https://blackletter.si/health-and-safety-code/division-26/part-4/chapter-4/article-1"}],"history":"Amended by Stats. 2015, Ch. 303, Sec. 322.   (AB 731)   Effective January 1, 2016.","effective":"2016-01-01","html":"<p>(a) In addition to complying with the requirements of this chapter, a permit system established by a district pursuant to Section <a href=\"/hsc/42300\">42300</a> shall ensure that any agricultural source that is required to obtain a permit pursuant to Title I (42 U.S.C. Sec. 7401 et seq.) or Title V (42 U.S.C. Sec. 7661 et seq.) of the federal Clean Air Act is required by district regulation to obtain a permit in a manner that is consistent with the federal requirements.</p><p>(b) Except as provided in subdivision (c), a district shall require an agricultural source of air pollution to obtain a permit unless it makes all of the following findings in a public hearing:</p><p>(1) The source is subject to a permit requirement pursuant to Section <a href=\"/hsc/40724.6\">40724.6</a>.</p><p>(2) A permit is not necessary to impose or enforce reductions of emissions of air pollutants that the district shows cause or contribute to the violation of a state or federal ambient air quality standard.</p><p>(3) The requirement for the source or category of sources to obtain a permit would impose a burden on those sources that is significantly more burdensome than permits required for other similar sources of air pollution.</p><p>(c) Prior to requiring a permit for an agricultural source of air pollution with actual emissions that are less than one-half of any applicable emissions threshold for a major source in the district for any air contaminant, but excluding fugitive dust, a district shall, in a public hearing, make all of the following findings:</p><p>(1) The source is not subject to a permit requirement pursuant to Section <a href=\"/hsc/40724.6\">40724.6</a>.</p><p>(2) A permit is necessary to impose or enforce reductions of emissions of air pollutants that the district shows cause or contribute to a violation of a state or federal ambient air quality standard.</p><p>(3) The requirement for a source or category of sources to obtain a permit would not impose a burden on those sources that is significantly more burdensome than permits required for other similar sources of air pollution.</p>","text":"(a) In addition to complying with the requirements of this chapter, a permit system established by a district pursuant to Section 42300 shall ensure that any agricultural source that is required to obtain a permit pursuant to Title I (42 U.S.C. Sec. 7401 et seq.) or Title V (42 U.S.C. Sec. 7661 et seq.) of the federal Clean Air Act is required by district regulation to obtain a permit in a manner that is consistent with the federal requirements. (b) Except as provided in subdivision (c), a district shall require an agricultural source of air pollution to obtain a permit unless it makes all of the following findings in a public hearing: (1) The source is subject to a permit requirement pursuant to Section 40724.6. (2) A permit is not necessary to impose or enforce reductions of emissions of air pollutants that the district shows cause or contribute to the violation of a state or federal ambient air quality standard. (3) The requirement for the source or category of sources to obtain a permit would impose a burden on those sources that is significantly more burdensome than permits required for other similar sources of air pollution. (c) Prior to requiring a permit for an agricultural source of air pollution with actual emissions that are less than one-half of any applicable emissions threshold for a major source in the district for any air contaminant, but excluding fugitive dust, a district shall, in a public hearing, make all of the following findings: (1) The source is not subject to a permit requirement pursuant to Section 40724.6. (2) A permit is necessary to impose or enforce reductions of emissions of air pollutants that the district shows cause or contribute to a violation of a state or federal ambient air quality standard. (3) The requirement for a source or category of sources to obtain a permit would not impose a burden on those sources that is significantly more burdensome than permits required for other similar sources of air pollution.","otherVersions":[],"url":"https://blackletter.si/health-and-safety-code/permits-42301-16","source":"California Legislative Information bulk export (pubinfo)"}