HEALTH AND SAFETY CODE

Division 26 Air Resources

Part 4 Nonvehicular Air Pollution Control

Chapter 4 Enforcement

§ 42301.16. Permit requirements; Consistency with federal requirements; Permits for agricultural source of air pollution; Public hearing and findings

(a) In addition to complying with the requirements of this chapter, a permit system established by a district purs uant to Section 42300 shall en sure 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 orenforce reductions of commissions of air pollutants that the district show cause or cont ribute to the violation of state or federal ambient air quality standard. (3) The requirement for the source or catego ry of sources to obtain a permit would impose a burden on those sources that is significantly more burd ensome than permits required for other similar sources of air pollution. (c) Prior to requiring a permit for an agricu ltural 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 contaminan t, but excluding fugiti ve 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 enfo rce reductions of emi ssion of air pollutants

that the district show cause orcontribute 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 burd ensome than permits required for other similar sources of air pollution.

Added Stats 2003 ch 479 § 9 (SB 700).

Note- Stats 2003 ch 479 provides:

SECTION 1. (a) The Legisl ature finds and declares all of the following: (1) Agricultural operationsnecessary for growing crops or raising animals are a significant source of directly emitted particulates, and precursors of ozone and fine particulate matter. These emissions have a significant adverse effect on the ability of areas of the state, including, but not limit ed to, the San Joaquin Valley, to achieve

health-based state and federal ambient air quality standards. (2) Since 1999, the agricultur e industry has reduced emissi ons of oxides of nitrogen (NO X ) by more than 2000 tons per year, emi ssions of particulate matter of 10 microns in diameter (PM 10) by more than 500 tons per year, and em issions of volatile organic compounds (VOCs) from agricultural chemical s by more than 20 percent. According to the state board, however, agricultural sources of air pollution still contribute twenty-sixpercent of the smog-forming emissions in the San Joaquin Valley. (3) In the San Joaquin Valley, a large portion of the sources of particulate emissions

are areawide sources whose emissions are dire ctly related to growth in population and the resulting vehicle miles traveled. Acco rding to the State Air Resources Board, however, agricultural source s of air pollution account for over fifty percent of the directly emitted particulate air pollution generated in the valley during the fall, amounting to over 170 tonsper day of emissions. (4) All parties living or operating a business in an area that has been classified as being a nonattainment area with respect to the attainment of federal or state ambient air quality standards share the responsibility of reducing emissions from air pollutants. (5) The federal Clean Air Act (42 U.S.C. Se c. 7401 et seq.) prohibits the state from adopting emission standards or limitations less stringent than those established under the federal act, including limitations on emissions from agricultural sources. (6) Division 26 (commencing with Section 39000) of the Health and Safety Code establishes numerous policies and programs to reduce air pollutants for the protection of public health. (7) The purpose of the act addi ng this section is to establish a new set of programs at the state and regional levels to reduce air emissions from agricultural sources in order to protect public health and the environment. (b) It is therefore the intent of the Legisl ature to require the State Air Resources Board and air quality management dist ricts and air pollution contro l districts in the state to regulate stationary, mobile, and area sources of agricult ural air pollution. SEC. 14. The provisions of the act adding this section are severable. If any provision of this act or its application is held invalid, th at invalidity shall not affect other provisions or applications that can be given effect wi thout the invalid provision or application.

SEC. 15. No reimbursement is re quired by this act pursuant to Section 6 of Article XIIIB

of the California Constitution for certain cost s that may be incurred by a local agency or school district because in that regard th is act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Ar ticle XIIIB of the California Constitution. In addition, no reimbursement is required by this act pursuant to Section 6 of Article

XIIIB of the California Consti tution for certain other cost s that may be incurred by a local agency or school district because a loca l agency or school dist rict has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, wi thin the meaning of Section 17556 of the

Government Code.

NOTES OF DECISIONS

Cal. Health & Safety Code § 42301.16(a) and § 40724.6(f), (j) indicate that the permit requirements in § 42301.16(c) and § 40724.6 are not intended to conflict with or delay requirements imposed upon an air pollution control district by the Clean Air Act.

Association of Irritated Re sidents v. Fred Schakel Da iry (2005) 2005 US Dist LEXIS

36769.