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 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 commissions of air 

pollutants that the district show cause or contribute to the violation of 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 emission of air pollutants 

that the district show 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. 

Added Stats 2003 ch 479 § 9 (SB 700). 

Note- Stats 2003 ch 479 provides: 

SECTION 1. (a) The Legislature finds and declares all of the following: 

(1) Agricultural operations necessary 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 limited to, the San Joaquin Valley, to achieve 

health-based state and federal ambient air quality standards. 

(2) Since 1999, the agriculture industry has reduced emissions of oxides of nitrogen 

(NO X ) by more than 2000 tons per year, emissions of particulate matter of 10 microns 

in diameter (PM 10) by more than 500 tons per year, and emissions of volatile organic 

compounds (VOCs) from agricultural chemicals by more than 20 percent. According to 

the state board, however, agricultural sources of air pollution still contribute twenty-six 
percent 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 directly related to growth in population and 

the resulting vehicle miles traveled. According to the State Air Resources Board, 

however, agricultural sources 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 tons per 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. Sec. 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 adding 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 Legislature to require the State Air Resources Board 

and air quality management districts and air pollution control districts in the state to 

regulate stationary, mobile, and area sources of agricultural 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, that invalidity shall not affect other provisions 

or applications that can be given effect without the invalid provision or application. 

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

of the California Constitution for certain costs that may be incurred by a local agency or 

school district because in that regard this 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 Article XIIIB of the California Constitution. 

In addition, no reimbursement is required by this act pursuant to Section 6 of Article 

XIIIB of the California Constitution for certain other costs that may be incurred by a 

local agency or school district because a local agency or school district has the authority 

to levy service charges, fees, or assessments sufficient to pay for the program or level 

of service mandated by this act, within 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 Residents v. Fred Schakel Dairy (2005) 2005 US Dist LEXIS 

36769.