CHAPTER 3. Emission Limitations

Chapter 3 added by Stats. 1975, Ch. 957.

§§ 41700–41999 · 98 sections

1. ARTICLE 1. General Limitations §§ 41700–41712 · 12 sections

   • § 41700 (a) Except as otherwise provided in Section 41705, a person shall not discharge from any source whatsoever quantities of air contaminants or other material…
   • § 41701 Except as otherwise provided in Section 41704, or Article 2 (commencing with Section 41800) of this chapter other than Section 41812, or Article 2 (commencing…
   • § 41701.5 (a) Neither the state board nor any district shall impose a discharge requirement on emissions of visible smoke from diesel pile-driving hammers which is more…
   • § 41701.6 Neither the state board nor any district shall impose a discharge requirement on emissions of visible smoke from any diesel auxiliary engine or generator used…
   • § 41702 No person shall operate any article, machine, equipment, or other contrivance which is the subject of a variance if that article, machine, equipment, or other…
   • § 41703 If a district board adopts a rule or regulation of emission standards to take effect as of a future date, the rule or regulation shall also require any person…
   • § 41704 Section 41701 does not apply to any of the following: (a) Fires set pursuant to Section 41801. (b) Agricultural burning for which a permit has been granted…
   • § 41705 (a) Section 41700 shall not apply to odors emanating from agricultural operations necessary for the growing of crops or the raising of fowl or animals. (b)… see note
   • § 41706 (a) The Legislature hereby finds and declares that recent evidence indicates that lead compounds emitted into the air by nonvehicular sources accumulate in and…
   • § 41707 Notwithstanding the provisions of this chapter restricting burning, the state board, after consultation with the district in which the burning is to take…
   • § 41708 Any district may adopt a rule or regulation for the control of volatile organic compound emissions from cutback asphalt paving material based on local…
   • § 41712 (a) For purposes of this section, the following terms have the following meaning: (1) “Consumer product” means a chemically formulated product used by…
2. ARTICLE 1.5. Portable Equipment §§ 41750–41755 · 6 sections

   • § 41750 The Legislature hereby finds and declares all of the following: (a) Existing law authorizes each district to impose separate and sometimes inconsistent…
   • § 41751 (a) (1) As used in this article, “portable equipment” includes any portable internal combustion engine and equipment that is associated with, and driven by,…
   • § 41752 (a) At the earliest feasible date, but not later than July 1, 1997, the state board shall do all of the following: (1) Evaluate the emissions from the…
   • § 41753 (a) (1) It is the intent of the Legislature that the registration of, and the regulation of emissions from, portable equipment that is operated in more than…
   • § 41754 (a) The regulations adopted by the state board, on or before July 1, 1997, shall include, but need not be limited to, provisions that ensure all of the…
   • § 41755 (a) Districts shall enforce the statewide registration program, emission limitations, and emission control requirements established by the state board pursuant…
3. ARTICLE 2. Nonagricultural Burning §§ 41800–41815 · 18 sections

   • § 41800 Except as otherwise provided in this chapter, no person shall use open outdoor fires for the purpose of disposal or burning of petroleum wastes, demolition…
   • § 41801 Nothing in this article shall be construed as limiting the authority granted under other provisions of law to any public officer to set or permit a fire when…
   • § 41802 Notwithstanding Section 41800, with respect to wood waste from trees, vines, or bushes on property being developed for commercial or residential purposes, or…
   • § 41803 No authorization, however, under Section 41802 or 41804.5 shall be granted after such date as the state board may determine, based upon a finding that an…
   • § 41804 Burning may be authorized under Section 41802 only if: (a) The district board finds that it is more desirable to dispose of such waste by burning than to…
   • § 41804.5 (a) Notwithstanding Section 41800, a district board may authorize, subject to the limitations in Section 41803 and this section, the use of open outdoor fires…
   • § 41805 (a) The Legislature hereby finds and declares that, because sanitary landfill sites are very difficult to obtain, these valuable sites should be reserved for…
   • § 41805.5 (a) Except as provided in subdivisions (b) and (c), the operator of a solid waste disposal site shall submit to the district on or before July 1, 1987, a solid…
   • § 41805.6 Notwithstanding Section 41805.5, a small city which operates a Class III solid waste disposal site is not required to submit a screening questionnaire or a…
   • § 41806 Nothing in this article shall be construed as prohibiting any of the following: (a) Burning for the disposal of the combustible or flammable solid waste of a…
   • § 41807 Nothing in this article shall be construed to prohibit burning for right-of-way clearing by a public entity or utility or for levee, reservoir, and ditch…
   • § 41808 The state board shall permit a city or county to use open outdoor fires, for a limited time only, in its operation of a solid waste dump, upon the finding…
   • § 41809 Notwithstanding Sections 41508 and 41800, open outdoor fires may be used to dispose of Russian thistle (Salsola kali) when authorized by a chief of a fire…
   • § 41810 For islands located 15 or more miles from the mainland coast: (a) The provisions of Section 41701 shall not apply to smoke from fires set thereon. (b) No…
   • § 41811 The provisions of this article shall not supersede any rule or regulation of any district, which rule or regulation was in effect for five or more years prior…
   • § 41812 (a) The air pollution control officer of any district, upon authorization of the district board, may authorize, by permit, open outdoor fires for the purpose…
   • § 41813 Notwithstanding any other provision of this division, in the San Bernardino County Air Pollution Control District, Group 2 solid waste, as defined in Section…
   • § 41815 Notwithstanding any local ordinance adopted pursuant to Section 37100 of the Government Code or by charter provision to prohibit the burning of waste…
4. ARTICLE 3. Agricultural Burning §§ 41850–41866 · 23 sections

   • § 41850 It is the intent of the Legislature, by the enactment of this article, that agricultural burning be reasonably regulated and not be prohibited. The state board…
   • § 41851 Section 41800 shall not apply to burning regulated pursuant to this article.
   • § 41852 No person knowingly shall set or permit agricultural burning unless he has a valid permit from the agency designated by the state board to issue such permits…
   • § 41852.5 The state board may, after holding a public hearing, authorize an exemption from the permit requirement of Section 41852 for a district, or a portion of a…
   • § 41853 The state board shall designate public fire protection agencies or other equivalent agencies to issue permits under subdivision (a) of Section 41852, and shall…
   • § 41853.5 (a) No permit shall be issued pursuant to Section 41853 to a person for the burning of solid waste which is produced from the ginning of cotton, unless the…
   • § 41854 (a) No permit issued pursuant to Section 41853 shall be valid for any day during which agricultural burning is prohibited by the state board pursuant to…
   • § 41855 The state board shall determine and designate from meteorological data the days when agricultural burning shall be prohibited within each air basin.
   • § 41855.5 (a) Notwithstanding any other provision of law, no permit may be issued to a person to burn any of the following categories of agricultural waste within the…
   • § 41855.6 The district may postpone the commencement dates set forth in subdivision (a) of Section 41855.5 for any category of agricultural waste or crop described if…
   • § 41855.8 (a) Upon appropriation of moneys pursuant to Provision 1 of Item 3900-101-0001 of Section 2.00 of the Budget Act of 2021, the state board may administer a…
   • § 41856 The state board shall promulgate guidelines for the regulation and control of agricultural burning for each of the air basins established by the state board.
   • § 41857 The guidelines promulgated by the state board shall be based on meteorological data, the nature and volume of materials to be burned, and the probable effect…
   • § 41858 In adopting such guidelines, the state board shall consider their economic and technical feasibility, including their probable effect on agricultural…
   • § 41859 The state board shall continuously review the guidelines promulgated under this article, and may modify, repeal, or alter such guidelines if scientific and…
   • § 41860 The state board shall adopt and publish a list of orchard and citrus grove heaters which it finds produce no more than one gram per minute of unconsumed solid…
   • § 41861 No burning shall be conducted for the improvement of land for wildlife or game habitat until the person desiring to conduct such burning obtains from the…
   • § 41862 A district may issue a permit to authorize agricultural burning on days designated by the state board pursuant to Section 41855 as nonburning days when denial…
   • § 41863 Each basinwide coordinating council and district shall, as part of the implementation plans and programs prepared pursuant to Chapter 2 (commencing with…
   • § 41864 The provisions of this article shall not supersede any rule or regulation of any district, which rule or regulation was in effect for five or more years prior…
   • § 41865 (a) This section shall be known, and may be cited, as the Connelly-Areias-Chandler Rice Straw Burning Reduction Act of 1991. (b) As used in this section: (1)…
   • § 41865.5 Notwithstanding Section 7550.5 of the Government Code, on or before January 1, 2001, the State Air Resources Board, in consultation with the Department of Food…
   • § 41866 The Sacramento Valley Basinwide Air Pollution Control Council may impose, and may require that districts within the Sacramento Valley Air Basin collect, a fee…
5. ARTICLE 4. Sandblasting §§ 41901–41905 · 5 sections

   • § 41901 The committee shall include nine members appointed by the chairman of the state board as follows: three contractors licensed pursuant to Chapter 9 (commencing…
   • § 41902 In developing the standards, the committee shall take into consideration the need to reduce air pollution from all sources and the need to also continue…
   • § 41903 Thirty days after the adoption of air pollution standards for sandblasting operations, the committee shall adjourn. Thereafter, it may meet at least once…
   • § 41904 The standards shall be statewide, and no rule or regulation of any district that is applicable to sandblasting operations shall be stricter or less strict than…
   • § 41905 The standards, however, shall not supersede any rule or regulation of any district governing permanent sandblasting operations or equipment, which rule or…
6. ARTICLE 5. Gasoline Vapor Control §§ 41950–41962 · 20 sections

   • § 41950 (a) Except as provided in subdivisions (b) and (e), no person shall install or maintain any stationary gasoline tank with a capacity of 250 gallons or more…
   • § 41951 A “pressure tank” is a tank which maintains working pressure sufficient at all times to prevent hydrocarbon vapor or gas loss to the atmosphere.
   • § 41952 A “vapor recovery system” consists of a vapor gathering system capable of collecting the hydrocarbon vapors and gases discharged and a vapor disposal system…
   • § 41953 A “floating roof” consists of a pontoon-type or double-deck-type roof, resting on the surface of the liquid contents and equipped with a closure seal, or…
   • § 41954 (a) The state board shall adopt procedures for determining the compliance of any system designed for the control of gasoline vapor emissions during gasoline…
   • § 41955 Prior to state board certification of a gasoline vapor control system pursuant to Section 41954, the manufacturer of the system shall submit the system to, or,…
   • § 41956 (a) As soon as possible after the effective date of this section, the State Fire Marshal and the Division of Measurement Standards, after consulting with the…
   • § 41956.1 (a) Whenever the state board, the Division of Measurement Standards of the Department of Food and Agriculture, or the State Fire Marshal revises performance or…
   • § 41957 The Division of Occupational Safety and Health of the Department of Industrial Relations is the only agency responsible for determining whether any gasoline…
   • § 41958 To the maximum extent practicable, the rules and regulations adopted pursuant to Sections 41956 and 41957 shall allow flexibility in the design of gasoline…
   • § 41959 Certification testing of gasoline vapor control systems and their components by the state board, the State Fire Marshal, the Division of Measurement Standards,…
   • § 41960 (a) Certification of a gasoline vapor recovery system for safety and measurement accuracy by the State Fire Marshal and the Division of Measurement Standards…
   • § 41960.1 (a) All vapor control systems for the control of gasoline vapors resulting from motor vehicle fueling operations shall be operated in accordance with the…
   • § 41960.2 (a) All installed systems for the control of gasoline vapors resulting from motor vehicle fueling operations shall be maintained in good working order in…
   • § 41960.3 (a) Each district which requires the installation of systems for the control of gasoline vapors resulting from motor vehicle fueling operations shall establish…
   • § 41960.4 The operator of each service station utilizing a system for the control of gasoline vapors resulting from motor vehicle fueling operations shall conspicuously…
   • § 41960.5 (a) No retailer, as defined in Section 20999 of the Business and Professions Code, shall allow the operation of any gasoline pump from which leaded gasoline is…
   • § 41960.6 (a) No retailer, as defined in subdivision (g) of Section 20999 of the Business and Professions Code, shall, on or after July 1, 1992, allow the operation of a…
   • § 41961 The State Fire Marshal, the Division of Measurement Standards, and the Division of Occupational Safety and Health may charge a reasonable fee for certification…
   • § 41962 (a) Notwithstanding Section 34002 of the Vehicle Code, the state board shall adopt test procedures to determine the compliance of vapor recovery systems of…
7. ARTICLE 6. Gasoline Cargo Tanks §§ 41970–41974 · 5 sections

   • § 41970 (a) As an alternative to the criminal penalties provided in Article 3 (commencing with Section 42400) of Chapter 4 in any case involving a gasoline cargo tank…
   • § 41971 Proof of correction shall consist either of a verification pursuant to Section 41972 or of a certification by an authorized representative of one of the…
   • § 41972 (a) Proof of correction by verification shall consist of a verification by the owner or operator of the gasoline cargo tank that the alleged violation has been…
   • § 41973 Each day that a gasoline cargo tank, which is the subject of a notice to appear issued pursuant to this article, is operated without correction of such…
   • § 41974 (a) Except as provided in subdivision (b), Article 3 (commencing with Section 42400) of Chapter 4 shall apply to any gasoline cargo tank subject to Article 5…
8. ARTICLE 7. Incineration of Toxic Waste Materials §§ 41980–41983 · 4 sections

   • § 41980 The Legislature finds and declares that: (a) Incineration has not been used extensively in California as a means of disposal of toxic waste materials,…
   • § 41980.5 For purposes of this article, “toxic waste” means hazardous waste, as defined in Section 25117.
   • § 41982 The state board shall, after completing the study referred to in Section 41981, in consultation with the affected districts, the Department of Toxic Substances…
   • § 41983 (a) This article shall not be construed as preventing any district from establishing permit criteria more stringent than the guidelines specified in Section…
9. ARTICLE 8. Indoor Air Cleaning Devices §§ 41985–41986 · 3 sections

   • § 41985 The Legislature finds and declares all of the following: (a) Ozone is a harmful air pollutant and lung irritant that has serious health impacts at current…
   • § 41985.5 For purposes of this article, the following terms have the following meanings: (a) “Federal ozone emissions limit for air cleaning devices” means the level of…
   • § 41986 (a) On or before December 31, 2008, the state board shall develop and adopt regulations, consistent with federal law, to protect public health from ozone…
10. ARTICLE 9.1. Nontoxic Dry Cleaning Incentive Program §§ 41998–41999 · 2 sections

    • § 41998 (a) (1) The state board shall impose a three dollar ($3.00) per gallon fee on every manufacturer of percholorethylene in the state and on every person that…
    • § 41999 (a) The state board shall develop and establish a grant program that provides incentives for dry cleaners in the state that utilize perchloroethylene in their…