PART 4. NONVEHICULAR AIR POLLUTION CONTROL [41500. - 42710.]

Part 4 added by Stats. 1975, Ch. 957.

§§ 41500–42710 · 282 sections

1. CHAPTER 1. General Provisions §§ 41500–41514.10 · 27 sections

   • § 41500 To coordinate air pollution control activities throughout the state, and to ensure that the entire state is, or will be, in compliance with the standards…
   • § 41500.5 Notwithstanding any other provision of law, any plan required by this division shall be subject to Article 5.5 (commencing with Section 53098) of Chapter 1 of…
   • § 41502 (a) Before taking any action pursuant to Section 41503, 41504, 41505, or 41652, the state board shall hold a public hearing within the air basin affected, upon…
   • § 41503 (a) Within 12 months of receiving each district’s attainment plan developed pursuant to Section 40911, the state board shall determine whether the attainment…
   • § 41503.1 The state board may approve an attainment plan which achieves less emission reductions than 5 percent per year, or less than 15 percent every three years, as…
   • § 41503.2 (a) If the state board concludes that a district’s plan does not meet the requirements of Section 41503, the state board shall notify the district of all…
   • § 41503.3 Upon receipt of a district’s triennial progress report and plan revisions prepared pursuant to subdivision (b) of Section 40924, the state board shall…
   • § 41503.4 All actions of the state board to approve, revise and approve, or disapprove a district’s attainment plan or plan revision shall be taken at a noticed public…
   • § 41503.5 The state board shall ensure that a district’s attainment plan and plan revisions meet the requirements of this part and of Part 3 (commencing with Section…
   • § 41503.6 (a) The Legislature finds and declares that the Capital Programs and Climate Financing Authority, working with the south coast district, has established…
   • § 41504 (a) If, after a public hearing, the state board finds that the program or the rules and regulations of a district will not likely achieve and maintain the…
   • § 41505 If, after a public hearing, the state board finds that a district is not taking reasonable action to enforce the statutory provisions, rules, and regulations…
   • § 41508 Except as otherwise specifically provided in this division, including, but not limited to, Sections 41809, 41810, and 41904, any local or regional authority…
   • § 41509 No provision of this division, or of any order, rule, or regulation of the state board or of any district, is a limitation on: (a) The power of any local or…
   • § 41510 For the purpose of enforcing or administering any state or local law, order, regulation, or rule relating to air pollution, the executive officer of the state…
   • § 41511 For the purpose of carrying out the duties imposed upon the state board or any district, the state board or the district, as the case may be, may adopt rules…
   • § 41511.5 The state board shall conduct a study of ambient air concentrations of manganese in the state to determine if there are areas in the state that have unhealthy…
   • § 41512 (a) The state board or a district board may adopt, by regulation, after a public hearing, a schedule of fees not exceeding the estimated cost of planning,…
   • § 41512.5 A district board may adopt a schedule of fees applicable to emission sources not included within a permit system adopted pursuant to Section 42300 to cover the…
   • § 41512.7 (a) No district with an annual budget of less than one million dollars ($1,000,000) shall increase any existing fees for authority-to-construct permits or…
   • § 41513 Any violation of any provision of this part, or of any order, rule, or regulation of the state board or of any district, may be enjoined in a civil action…
   • § 41514 Notwithstanding any other provision of law, no provision of this division, and no rule or regulation of the state board or of a district adopted pursuant to…
   • § 41514.1 (a) For purposes of this section, “health facility” has the same meaning as defined in Section 1250, but includes only those facilities described in…
   • § 41514.6 (a) On or before January 1, 2027, a district the jurisdiction of which includes metal shredding facilities, in consultation with the Department of Toxic…
   • § 41514.8 (a) Prior to adopting rules or regulations which would affect the operation of existing powerplants, the state board or any district shall consider and adopt…
   • § 41514.9 (a) On or before January 1, 2003, the state board shall adopt a certification program and uniform emission standards for electrical generation technologies…
   • § 41514.10 On or before January 1, 2003, the state board shall issue guidance to districts on the permitting or certification of electrical generation technologies under…
2. CHAPTER 1.5. Cogeneration Technology and Resource Recovery Projects §§ 41515–41517 · 3 sections

   • § 41515 The Legislature finds and declares (a) that present methods of generating and using energy in California result in substantial waste of such energy through the…
   • § 41516 The Legislature further finds and declares (a) that the disposal of liquid and solid waste poses serious environmental and economic problems for local…
   • § 41517 The Legislature further finds and declares that the 1977 amendments to the federal Clean Air Act specifically authorize local governments to provide for the…
3. CHAPTER 2. Basinwide Mitigation for Cogeneration and Resource Recovery Projects §§ 41600–41606 · 4 sections

   • § 41600 (a) The districts shall provide for, and shall periodically revise as appropriate, the growth allowances necessary to accommodate the net air quality impact,…
   • § 41605 (a) The districts, in cooperation with the state board, shall develop, adopt, and update, as necessary, a procedure to determine the magnitude of the emissions…
   • § 41605.5 (a) In considering the offset requirement for a project facility which utilizes agricultural waste products, forest waste products, or similar organic wastes…
   • § 41606 (a) (1) It is the intent of the Legislature to reduce air pollution from open field burning in the state and to improve air quality and protect the public…
4. CHAPTER 2.5. Nonattainment Area Plans §§ 41650–41652 · 3 sections

   • § 41650 (a) The state board shall adopt the nonattainment area plan approved by a designated air quality planning agency as part of the state implementation plan,…
   • § 41651 In addition to any other statutory requirements, at the public hearing held pursuant to Section 41650, the districts included, in whole or in part, within the…
   • § 41652 If, after the public hearing, the state board finds that the nonattainment area plan approved by the designated air quality planning agencies does not comply…
5. CHAPTER 3. Emission Limitations §§ 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…
6. CHAPTER 4. Enforcement §§ 42300–42454 · 126 sections

   1. ARTICLE 1. Permits §§ 42300–42316 · 44 sections

      • § 42300 (a) Every district board may establish, by regulation, a permit system that requires, except as otherwise provided in Section 42310, that before any person…
      • § 42300.1 (a) A district board may issue a consolidated permit which serves as (1) authority to build, erect, alter, or replace an article, machine, equipment, or…
      • § 42300.2 A district may establish a program to certify private environmental professionals to prepare permit applications. The program shall provide for all of the…
      • § 42301 A permit system established pursuant to Section 42300 shall do all of the following: (a) Ensure that the article, machine, equipment, or contrivance for which…
      • § 42301.1 Whenever necessary and appropriate to ensure compliance with all applicable conditions prior to issuance of a permit to operate an article, machine, equipment,…
      • § 42301.2 A district shall not require emission offsets for any emission increase at a source that results from the installation, operation, or other implementation of…
      • § 42301.3 (a) It is the intent of the Legislature that districts expedite permits for the installation of air pollution control equipment. (b) (1) This section applies…
      • § 42301.5 (a) Any article, machine, equipment, or contrivance that may emit into the ambient air any toxic air contaminant identified pursuant to Section 39662 shall…
      • § 42301.6 (a) Prior to approving an application for a permit to construct or modify a source that emits hazardous air emissions, and that source is located within 1,000…
      • § 42301.7 (a) If the air pollution control officer determines there is a reasonably foreseeable threat of a release of an air contaminant from a source within 1,000 feet…
      • § 42301.8 Upon receiving a request, for good cause, from the principal or an authorized representative of the principal of a school, the district shall, within 24 hours,…
      • § 42301.9 For the purposes of Sections 42301.5 to 42301.8, inclusive: (a) “School” means any public or private school used for purposes of the education of more than 12…
      • § 42301.10 In any district that has a permit system established pursuant to Section 42300, the air pollution control officer may include, in any permit issued to a Title…
      • § 42301.11 It is the intent of the Legislature that, in addition to their responsibilities and obligations under state and federal law, in implementing Title V, districts…
      • § 42301.12 (a) Any district permit system or permit provision established by a district board to meet the requirements of Title V shall, consistent with federal law,…
      • § 42301.13 (a) Notwithstanding any other provision of law, a district shall not require, as part of its permit system or otherwise, that any form of emission offset or…
      • § 42301.15 Each district shall adopt an expedited program for the permitting of standby electrical generation facilities, distributed generation facilities, geothermal…
      • § 42301.16 (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…
      • § 42301.17 (a) A district may adopt by regulation a program under which the district does not require a permit to be obtained by an agricultural source of air pollution…
      • § 42301.18 (a) Any agricultural source that existed prior to January 1, 2004, that becomes subject to a permit requirement pursuant to a district rule or regulation that…
      • § 42302 An applicant for a permit that has been denied may request, within 30 days after receipt of the notice of the denial, the hearing board of the district to hold…
      • § 42302.1 Within 30 days of any decision or action pertaining to the issuance of a permit by a district, or within 30 days after mailing of the notice of issuance of the…
      • § 42303 An air pollution control officer, at any time, may require from an applicant for, or the holder of, any permit provided for by the regulations of the district…
      • § 42303.2 (a) (1) An air pollution control officer, at any time, may, for the purpose of permitting or enforcement actions, require from the in-state or out-of-state…
      • § 42303.5 No person shall knowingly make any false statement in any application for a permit, or in any information, analyses, plans, or specifications submitted in…
      • § 42304 If, within a reasonable time, the holder of any permit issued by a district board willfully fails and refuses to furnish the information, analyses, plans, or…
      • § 42305 The air pollution control officer shall reinstate a suspended permit when furnished with all the requested information, analyses, plans, and specifications.
      • § 42306 Within 10 days after receipt of the notice of suspension pursuant to Section 42304, the permittee may request the hearing board of the district to hold a…
      • § 42307 An air pollution control officer may request the hearing board of the district to hold a hearing to determine whether a permit should be revoked, if he finds…
      • § 42308 Within 30 days after a hearing has been requested pursuant to Section 42302, 42306, or 42307, the hearing board shall hold a hearing pursuant to Chapter 8…
      • § 42309 After a hearing, the hearing board may do any of the following: (a) Grant a permit denied by the air pollution control officer. (b) Continue the suspension of…
      • § 42310 (a) A permit shall not be required for any of the following: (1) Any vehicle. (2) Any structure designed for and used exclusively as a dwelling for not more…
      • § 42310.5 (a) Notwithstanding any provision of any district permit system, including the south coast district permit system, any permit issued for the operation of…
      • § 42311 (a) A district board may adopt, by regulation, a schedule of annual fees for the evaluation, issuance, and renewal of permits to cover the cost of district…
      • § 42311.2 (a) Notwithstanding Section 42311, a district shall not adopt or impose fees that exceed actual district administrative costs for processing or enforcing…
      • § 42311.5 A district board may increase its fee schedule adopted under Section 42311 to generate sufficient revenues to pay for any district costs associated with the…
      • § 42312 To aid in administering its permit system, a district board may contract with any county or city included, in whole or in part, within the district, and any…
      • § 42313 Except in the case of a contract entered into between a county district and the county, a contract entered into pursuant to Section 42312 may provide that fees…
      • § 42314 (a) Notwithstanding any other provision of any district permit system, and except as provided in this section, no district shall require emissions offsets for…
      • § 42314.1 (a) Except as provided in subdivision (b), to the extent permissible under federal law, and notwithstanding any state or local new source review or prevention…
      • § 42314.2 (a) The time limits established under Sections 65950, 65950.1, and 65952 of the Government Code for approval or disapproval of development projects may be…
      • § 42314.5 In considering a permit for a facility that utilizes agricultural waste products, forest waste products, or similar organic wastes as biomass fuel in a steam…
      • § 42315 (a) No district shall issue or renew a permit for the construction of, renew a permit for the operation of, or issue a determination of compliance for, any…
      • § 42316 (a) The Great Basin Air Pollution Control District may require the City of Los Angeles to undertake reasonable measures, including studies, to mitigate the air…
   2. ARTICLE 1.3. Air Pollution Permit Streamlining Act §§ 42320–42323 · 5 sections

      • § 42320 This article shall be known, and may be cited, as the Air Pollution Permit Streamlining Act of 1992.
      • § 42321 The Legislature finds and declares as follows: (a) California’s air pollution control programs have been among the most successful efforts in the country to…
      • § 42322 (a) Every district shall establish, by regulation, a program to provide for the expedited review of permits issued pursuant to Article 1 (commencing with…
      • § 42322.5 Districts with a population of more than 500,000 persons shall additionally implement the following permit streamlining measures: (a) Upon a permit applicant’s…
      • § 42323 (a) For purposes of subdivision (b), “small business stationary source” means a source which meets all of the following criteria: (1) The source is owned or…
   3. ARTICLE 1.5. District Review of a Permit Applicant’s Compliance History §§ 42330–42339 · 10 sections

      • § 42330 The Legislature finds and declares that the effective regulation of air pollution emissions requires that permit applicants who have a demonstrated recurring…
      • § 42331 (a) Prior to issuing a permit pursuant to Article 1 (commencing with Section 42300), the air pollution control officer may review the compliance history of the…
      • § 42332 (a) Prior to renewing a permit, an air pollution control officer may review the compliance history of the source in question at the facility, as shown in…
      • § 42333 (a) An air pollution control officer may, pursuant to this article, deny a permit, refuse to renew a permit, or specify additional permit conditions to ensure…
      • § 42334 If, in the course of enforcing existing permits and conducting inspections relative thereto, an air pollution control officer makes a preliminary determination…
      • § 42335 A permit denied pursuant to Section 42333 shall be set aside by the hearing board under either of the following conditions: (a) The applicant proves that…
      • § 42336 In addition to any other information required to be submitted, an applicant for a permit to construct or a permit to operate which involves a change of…
      • § 42337 Any public notice provided by the district concerning the issuance of a permit to an applicant shall include, in addition to a description of the proposed…
      • § 42338 Nothing in this article limits the existing authority of the district.
      • § 42339 This article does not apply to nuisance complaints based on odor emissions.
   4. ARTICLE 2. Variances §§ 42350–42364 · 19 sections

      • § 42350 (a) Any person may apply to the hearing board for a variance from Section 41701 or from the rules and regulations of the district. (b) (1) If the district…
      • § 42350.5 Any form developed by a district board for use in filing an application for a variance shall contain a notice to small businesses of the availability of…
      • § 42351 (a) Any person who has submitted an application for a variance and who desires to commence or continue operation pending the decision of the hearing board on…
      • § 42351.5 If a person granted a variance with a schedule of increments of progress files an application for modification of the schedule and is unable to notify the…
      • § 42352 (a) No variance shall be granted unless the hearing board makes all of the following findings: (1) That the petitioner for a variance is, or will be, in…
      • § 42352.5 (a) The hearing board, in determining whether or not the petitioner has presented evidence sufficient to make the finding specified in paragraph (2) of…
      • § 42353 Upon making the specific findings set forth in Section 42352, the hearing board shall prescribe requirements other than those imposed by statute or by any…
      • § 42354 In prescribing other and different requirements, in accordance with Section 42353, the hearing board, insofar as is consonant with the Legislature’s…
      • § 42355 (a) The hearing board may require, as a condition of granting a variance, that a bond be posted by the party to whom the variance was granted to assure…
      • § 42356 The hearing board may modify or revoke, by written order, any order permitting a variance.
      • § 42357 The hearing board may review and for good cause, such as a change in the availability of materials, equipment, or adequate technology, modify a schedule of…
      • § 42358 (a) The hearing board, in making any order permitting a variance, shall specify the time during which such order shall be effective, in no event, except as…
      • § 42359 Except in the case of an emergency, as determined by the hearing board, the hearing board shall hold a hearing pursuant to Chapter 8 (commencing with Section…
      • § 42359.5 (a) Notwithstanding any other provision of this article or of Article 2 (commencing with Section 40820) of Chapter 8 of Part 3, the chairman of a district…
      • § 42360 Within 30 days of any order granting, modifying, or otherwise affecting a variance by the hearing board, or a member thereof pursuant to Section 42359. 5,…
      • § 42361 Any variance granted by the hearing board of a county district or a unified district, or any member of such a hearing board pursuant to Section 42359.5,…
      • § 42362 The state board may revoke or modify any variance granted by any district if, in its judgment, the variance does not require compliance with a required…
      • § 42363 Prior to revoking or modifying a variance pursuant to Section 42362, the state board shall conduct a hearing pursuant to Chapter 8 (commencing with Section…
      • § 42364 (a) The district board may adopt, by regulation, a schedule of fees which will yield a sum not exceeding the estimated cost of the administration of this…
   5. ARTICLE 2.5. Product Variances §§ 42365–42372 · 8 sections

      • § 42365 Any person who manufactures a product may petition the hearing board for a product variance from a rule or regulation of the district pursuant to this article.
      • § 42366 A product variance is only available if, to provide effective relief, the variance is required to be granted for, and attached to, a particular product, as…
      • § 42367 No product variance shall be granted pursuant to this article from a requirement for a permit to build, erect, alter, or replace any article, machine,…
      • § 42368 (a) No product variance shall be granted unless the hearing board makes all of the following findings: (1) The manufacture, distribution, offering for sale,…
      • § 42369 (a) No product variance shall be granted if the use of the product under the variance will result in a violation of Section 41700. (b) No emergency product…
      • § 42370 If the product variance is granted and the product is in compliance with subdivisions (b) and (d) of Section 42368, the petitioner may manufacture, and any…
      • § 42371 Sections 42350.5, 42351, 42351.5, 42352.5, 42354 to 42357, inclusive, 42359, and 42362 to 42364, inclusive, shall apply to the granting of product variances…
      • § 42372 (a) The hearing board, in making any order permitting a product variance, shall specify the time during which the order shall be effective, which, except as…
   6. ARTICLE 3. Penalties §§ 42400–42411 · 31 sections

      • § 42400 (a) Except as otherwise provided in Section 42400.1, 42400.2, 42400.3, 42400.3.5, or 42400.4, any person who violates this part, or any rule, regulation,…
      • § 42400.1 (a) Any person who negligently emits an air contaminant in violation of any provision of this part or any rule, regulation, permit, or order of the state board…
      • § 42400.2 (a) Any person who emits an air contaminant in violation of any provision of this part, or any order, rule, regulation, or permit of the state board or of a…
      • § 42400.3 (a) Any person who willfully and intentionally emits an air contaminant in violation of any provision of this part or any rule, regulation, permit, or order of…
      • § 42400.3.5 (a) Any person who knowingly violates any rule, regulation, permit, order, fee requirement, or filing requirement of the state board or of a district,…
      • § 42400.4 (a) In any district where a Title V permit program has been fully approved by the federal Environmental Protection Agency, any person who knowingly violates…
      • § 42400.5 In addition to the penalties, specified in Section 42400, the cost of putting out any unauthorized open outdoor fires may be imposed on any person violating…
      • § 42400.6 A fine or monetary penalty specified in Section 39674; subdivision (a), (b), (d), or (e) of Section 42400; Section 42402; or subdivision (a) of Section 44381…
      • § 42400.7 (a) The recovery of civil penalties pursuant to Section 39674, 42401, 42402, 42402.1, 42402.2, 42402.3, or 42402.4 precludes prosecution under Section 42400,…
      • § 42400.8 In determining the amount of fine to impose pursuant to Sections 42400, 42400.1, 42400.2, 42400.3, 42400.3.5, and 42400.4, the court shall consider all…
      • § 42401 Any person who intentionally or negligently violates any order of abatement issued by a district pursuant to Section 42450, by a hearing board pursuant to…
      • § 42402 (a) Except as provided in Sections 42402.1, 42402.2, 42402.3, and 42402.4, any person who violates this part, any order issued pursuant to Section 42316, or…
      • § 42402.1 (a) Any person who negligently emits an air contaminant in violation of this part or any rule, regulation, permit, or order of the state board or of a…
      • § 42402.2 (a) Any person who emits an air contaminant in violation of any provision of this part, or any order, rule, regulation, or permit of the state board or of a…
      • § 42402.3 (a) Any person who willfully and intentionally emits an air contaminant in violation of this part or any rule, regulation, permit, or order of the state board,…
      • § 42402.4 Any person who knowingly and with intent to deceive, falsifies any document required to be kept pursuant to any provision of this part, or any rule,…
      • § 42402.5 In addition to any civil and criminal penalties prescribed under this article, a district may impose administrative civil penalties for a violation of this…
      • § 42402.6 (a) Penalties prescribed pursuant to Sections 42402, 42402.1, 42402.2, 42402.3, 42402.4, and 42402.5 for violations may be multiplied by a factor of not more…
      • § 42403 (a) The civil penalties prescribed in Sections 39674, 42401, 42402, 42402.1, 42402.2, 42402.3, and 42402.6 shall be assessed and recovered in a civil action…
      • § 42403.5 (a) Notwithstanding Section 42407, any violation of Section 41700 resulting from the engine of any diesel-powered bus while idling shall subject the owner to…
      • § 42404 An action brought pursuant to Section 42403 to recover such civil penalties shall take special precedence over all other civil matters on the calendar of the…
      • § 42404.5 Any limitation of time applicable to actions brought pursuant to Section 42403 shall not commence to run until the offense has been discovered, or could…
      • § 42405 In an action brought pursuant to Section 42403 by the Attorney General on behalf of a district, one-half of the penalty collected shall be paid to the…
      • § 42405.1 (a) Any person who provides information that materially contributes to the imposition of a civil penalty or criminal fine against any person for violating any…
      • § 42405.5 (a) If any state or local government agency provides assistance in the investigation, data collection, or monitoring, preparation, or prosecution of an action…
      • § 42406 To secure a civil penalty imposed pursuant to this article on the operation of a vessel, the district shall have a lien on the vessel which may be recovered in…
      • § 42407 Except as provided in Chapter 3.4 (commencing with Section 39640) of Part 2 and Sections 40720 and 42403.5, this article is not applicable to vehicular sources.
      • § 42408 (a) Any person who tampers with any ambient air monitoring equipment, including related recording equipment, owned or operated by a county, unified or regional…
      • § 42409 Every district shall publish in writing and make available to any interested party a list which describes potential violations subject to penalties under this…
      • § 42410 (a) As an alternative to seeking civil penalties under Sections 39674, 42401, 42402, 42402.1, 42402.2, and 42402.3 for a violation of regulations of the state…
      • § 42411 Notwithstanding any other law, maximum penalties assessed by the state board or a district pursuant to this chapter as of January 1, 2018, shall be increased…
   7. ARTICLE 3.5. Compliance Programs §§ 42420–42421 · 2 sections

      • § 42420 The Legislature hereby finds and declares as follows: (a) District enforcement programs should be prioritized to ensure that the imposition of civil and…
      • § 42421 Each district which has a population of one million or more shall establish a compliance program that shall consist of all of the following elements: (a)…
   8. ARTICLE 4. Orders for Abatements §§ 42450–42454 · 7 sections

      • § 42450 The district board may, after notice and a hearing, issue an order for abatement whenever it finds that any person is constructing or operating any article,…
      • § 42450.1 This article applies to any order for abatement issued pursuant to a determination made under Section 42301.7.
      • § 42451 (a) On its own motion, or upon the motion of the district board or the air pollution control officer, the hearing board may, after notice and a hearing, issue…
      • § 42451.5 (a) The air pollution control officer may issue an interim order for abatement, pending a hearing pursuant to Section 42451, if the air pollution control…
      • § 42452 The order for abatement shall be framed in the manner of a writ of injunction requiring the respondent to refrain from a particular act. The order may be…
      • § 42453 A proceeding for mandatory or prohibitory injunction shall be brought by the district in the name of the people of the State of California in the superior…
      • § 42454 Proceedings under Section 42453 shall conform to the requirements of Chapter 3 (commencing with Section 525), Title 7, Part 2 of the Code of Civil Procedure,…
7. CHAPTER 4.5. Protect California Air Act of 2003 §§ 42500–42507 · 8 sections

   • § 42500 This chapter shall be known, and may be cited, as the Protect California Air Act of 2003.
   • § 42501 The Legislature finds and declares all of the following: (a) For over 25 years, the federal Clean Air Act (42 U.S.C. Sec. 7401, et seq.) has required major new…
   • § 42502 The Legislature further finds and declares all of the following: (a) The people of the State of California have a primary interest in safeguarding the air…
   • § 42503 The purposes of this chapter are all of the following: (a) To attain and maintain state and federal ambient air quality standards by the earliest practicable…
   • § 42504 (a) No air quality management district or air pollution control district may amend or revise its new source review rules or regulations to be less stringent…
   • § 42505 For purposes of this chapter, each district’s “existing new source review program” is comprised of those new source review rules and regulations for both…
   • § 42506 In order to assist in interpreting district rules and regulations governing new source review for nonattainment areas and for prevention of significant…
   • § 42507 If any provision of this chapter or the application thereof to any person or circumstance is held invalid, it is the intent of the Legislature that the…
8. CHAPTER 5. Monitoring Devices §§ 42700–42708 · 12 sections

   • § 42700 (a) The Legislature hereby finds and declares that stationary sources of air pollution are known to emit significant amounts of pollutants into the air, but…
   • § 42701 (a) For the purposes of Sections 41511 and 42303, the state board shall determine the availability, technological feasibility, and economic reasonableness of…
   • § 42702 The state board shall specify the types of stationary sources, processes, and the contaminants, or combinations thereof, for which a monitoring device is…
   • § 42703 The state board shall require the manufacturer of any monitoring device submitted for a determination to reimburse the state board for its actual expenses…
   • § 42704 After the state board has made a determination of availability, the state board may, as appropriate, revoke or modify its prior determination of availability…
   • § 42705 Any stationary source required by the district in which the source is located to install and operate a monitoring device shall retain the records from the…
   • § 42705.5 (a) For purposes of this section, the following definitions and related provisions shall apply: (1) “Community air monitoring system” means advanced sensing…
   • § 42705.6 (a) For purposes of this section, the following definitions apply: (1) “Refinery-related community air monitoring system” means equipment that measures and…
   • § 42705.7 (a) For purposes of this section, the following definitions apply: (1) “Wastewater treatment facility” means a wastewater treatment or reclamation facility…
   • § 42706 Any violation of any emission standard to which the stationary source is required to conform, as indicated by the records of the monitoring device, shall be…
   • § 42707 The air pollution control officer shall inspect, as he determines necessary, the monitoring devices installed in every stationary source of air contaminants…
   • § 42708 This chapter shall not prevent any local or regional authority from adopting monitoring requirements more stringent than those set forth in this chapter or be…
9. CHAPTER 6. Natural Gas Storage Facility Monitoring § 42710 · 1 section

   • § 42710 (a) The state board, in consultation with any local air district and the Geologic Energy Management Division in the Department of Conservation, shall develop a…