Cal. HSC § 40100.6.5 — California Code / Code hsc / Division 26 / Part 3 / Chapter 2 / Article 1 / Section 40100.6.5
Section 40100.6.5
Status: in_force

(a) The San Diego County Air Pollution Control District, in addition to all other duties required of the San Diego County Air Pollution District pursuant to this division and any other law, shall do all of the following:

(1) Create and maintain an internet website separate from the County of San Diego internet website and migrate all of the existing data by December 2021, including all of the following:

(A) Agendas and minutes of the governing board of the San Diego County Air Pollution Control District.

(B) All current permit information in a format that allows that information to be downloadable and searchable by address, facility name, pollutant, permit number, and equipment or process. Permitted potential maximum emissions shall be included along with actual emissions if available.

(C) (i) All applications for an authority to construct or a permit to operate.

(ii) By July 1, 2020, the San Diego County Air Pollution Control District shall post all applications for an authority to construct or a permit to operate within three business days of their receipt and shall accept and consider all public comments received before the district takes final action on the approval of the applications. This clause does not require the San Diego County Air Pollution Control District to respond to comments except as otherwise provided by law.

(D) All settled enforcement actions in a format that allows that information to be downloadable and searchable by address, facility name, pollutant, permit number, and equipment or process.

(E) (i) The face sheets of notices of violation or notices to comply.

(ii) The district shall post the face sheets 30 days after the issuance of the notices. Notices found to be issued in error within 30 days of issuance shall not be posted.

(F) All documents related to the Air Toxics “Hot Spots” Information and Assessment Act of 1987 (Part 6 (commencing with Section 44300)), including all of the following:

(i) Air toxics emissions inventory reports and plans submitted by each facility pursuant to Chapter 3 (commencing with Section 44340) of Part 6 that are completed and approved by the district.

(ii) Completed health risk assessments submitted by each facility pursuant to Chapter 4 (commencing with Section 44360) of Part 6.

(iii) A copy of the public notification provided by facility, as required by the San Diego County Air Pollution Control District’s rules and guidelines, and documentation of the required notice to exposed persons.

(iv) Airborne toxic risk reduction audit and plans submitted by each facility pursuant to Chapter 6 (commencing with Section 44390) of Part 6 that are completed and approved by the district.

(G) The San Diego County Air Pollution Control District budget, including revenue and expense projections and actuals.

(2) Apply for statewide grant and incentive programs, including, but not limited to, all of the following:

(A) Programs allocating moneys from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code.

(B) Programs administered by the state board.

(C) Programs administered by the United States Environmental Protection Agency.

(D) Enhanced Fleet Modernization Program (Article 11 (commencing with Section 44124) of Chapter 5 of Part 5).

(3) Evaluate the current public complaint process and provide, by December 2021, a recommended plan for updating that public complaint process, including all of the following components:

(A) A 24-hour hotline.

(B) Response to complaints within 48 hours or less.

(C) Whistleblower and public complainant protections.

(D) (i) The posting of complaints and their resolution on the San Diego County Air Pollution Control District internet website, required pursuant to paragraph (1).

(ii) Information regarding the complaints that are posted shall consist of all the following:

(I) The date and time of the complaint.

(II) The general nature of the complaint.

(III) The closest intersection to the site of the complaint.

(iii) The name of the company or facility that is the subject of the complaint shall not be posted.

(4) (A) Develop, no later than December 2021, a plan for a comprehensive air monitoring program. The plan shall include an evaluation of monitor locations in the most impacted communities and the monitoring of other air pollutants, such as speciated carbon particulate matter and toxic air contaminants, including metals.

(B) Air monitoring data shall be made available to the public on the San Diego Air Pollution Control District’s internet website within a reasonable period of time not to exceed 14 months from the date of collection. The governing board of the San Diego County Air Pollution Control District shall establish an air monitoring data program that will define reasonable timeframes for the posting of all air monitoring data based on testing methodology and ensure data is accessible and understandable to the public.

(5) Publish an annual air quality report that includes all of the following:

(A) Levels of criteria and noncriteria air pollutants, air toxics from monitors, and other sources of information.

(B) Enforcement actions.

(C) Revenue secured.

(D) Program outcomes.

(E) Emissions reduction progress.

(6) Consider adopting an indirect source rule to address pollution from mobile sources that is associated with stationary sources, such as ports, warehouses, and distribution centers.

(7) (A) Prepare, no later than July 1, 2021, a report for consideration by the San Diego County Air Pollution Control District governing board that summarizes all of the actions taken on applications for an authority to construct or a permit to operate in the 2020 calendar year, including the number of applications, timing of actions on applications, and number of public comments submitted.

(B) Consider, based upon the report prepared pursuant to subparagraph (A), amendments to San Diego County Air Pollution Control District’s rules to ensure adequate opportunity for public comment on applications within the district’s deadline for action on those applications.

(b) No later than June 1, 2021, the state board shall complete a program audit of the San Diego County Air Pollution Control District for the years 2013 to 2018, inclusive.