STATE OF CALIFORNIA 

OFFICE OF THE ATTORNEY GENERAL 

BILL LOCKYER 

.A.TTO:R...r"-.lEY- GENERAlNovember 3, 2003 

Ms. Marianne Lamont Horinko 

Acting Administrator 

United States Environmental Protection Agency 

1200 Pennsylvania Avenue, NW 

Washington, D.C. 20460 

Re: California's Authority to Implement Title V of the Clean Air Act - Update 

Dear Ms. Horinko: 

As Attorney General of the State of California, and pursuant to section 502(d)(I) of the 

federal Clean Air Act, I am submitting this letter to inform you of my opinion that the laws of the 

State of California now provide adequate authority to carry out the Clean Air Act's Title V 

permit program (42 U.S.C. § 7661 et seq.). This letter is prompted by recent state legislation 

eliminating the exemption for agriculture from California's permit program. 

On March 21,2001, I submitted to you my written opinion that the laws of this state 

provide adequate authority to carry out all aspects ofthe Title V operating permit program, 

except for the authority to issue permits for "equipment used in agricultural operations in the 

growing of crops or the raising of fowl or animals." Until the current legislative session, section 

42310, subdivision (e), of the California Health and Safety Code specifically exempted these 

potential Title V sources from California's general permit requirement (Cal. Health & Safety 

Code, § 42300 et seq.). At that time, I stated that in the event legislation eliminated the 

exemption for agricultural equipment, which emits sufficient quantities of air contaminants to be 

a Title V source, I would amend the opinion accordingly. That is the purpose of this letter. 

The California Legislature has enacted, and the Governor has signed, Senate Bill 700, 

enclosed, which deletes subdivision (e) from California Health and Safety Code section 42310. 

(Cal. Health & Saf. Code, § 42310, amended by Stats. 2003, ch. 479, § 12.) Thus, effective 

January 1, 2004, section 42310 will no longer exempt equipment used in agricultural operations 

from the permit provisions ofstate law. In addition, Senate Bill 700 commands California's 

~,. 1300 I STREET • SUITE 1740 • SACRAMENTO. CALIFORNIA • 95814 • 916-324-5437 
Ms. Marianne Lamont Horinko 

Page2 

local air districts to have permit systems that require agricultural sources to obtain permits in 

accordance with Title I and Title V ofthe Clean Air Act. Specifically, section 9 of Senate Bill 

700 adds the following paragraph to the California Health and Safety Code: 

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.) ofthe federal Clean Air Act is 

required by district regulation to obtain a permit in a manner that is 

consistent with the federal requirements. 

(Cal. Health & Saf. Code, § 42301.16, subd. (a), added by Stats. 2003, ch. 479, § 9.) This 

section applies to any "agricultural source," which is defined to include Title V sources. (Cal. 

Health & Saf. Code, § 39011.5, subd. (a)(3), added by Stats. 2003, ch. 479, § 2.) 

Senate Bill 700 imposes certain additional requirements that are designed to further 

reduce emissions from agricultural sources, and these are drafted so as not to conflict with 

obligations under Title V. For instance, section 6 sets up a permit system for large confined 

animal facilities, but this section explicitly does not interfere with the implementation of the 

Clean Air Act: 

Nothing in this section shall delay or otherwise affect any action 

taken by a district to reduce emissions of air contaminants from 

agricultural sources, or any other requirements imposed on a 

district or a source of air pollution pursuant to the federal Clean 

Air Act (42 U.S.C. Sec. 7401 et seq.). 

(Cal. Health & Safety Code, § 40724.6, subd. (e), added by Stats. 2003, ch. 479, § 6; accord, Cal. 

Health & Safety Code, § 40724.6, subd. (i), added by Stats. 2003, ch. 479, § 6.) 

In conclusion, Senate Bill 700 extends California's operating permit program to include 

agricultural sources so that the program applies to all sources of air pollution within California 

that are required to have permits pursuant to Title V ofthe Clean Air Act. Furthermore, Senate 

Bill 700 ensures that the permits issued to agricultural sources will comply with all applicable 

requirements of the Clean Air Act. The State of California, therefore, now satisfies the 

requirement that its laws provide the authority to carry out its Title V permit program. 

~Ii

Attorney 

BILLLOCK~ General 

Enclosure: Senate Bill 700