STATE OF CALIFORNIA OFFICE OF THE ATTORNEY GENERAL

BILL LOCKYER .A.TTO:R...r"-.lEY- GENERAl

### November 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 ImplementTitle V 

### ofthe Clean Air Act - Update

Dear Ms. Horinko:
As Attorney General ofthe State ofCalifornia, and pursuant to section 502(d)(I) ofthe federal Clean Air Act, I am submitting this letter to inform you ofmy opinion that the laws ofthe State ofCalifornia now provide adequate authority to carry out the Clean Air Act's TitleV permitprogram (42 U.S.C. § 7661 et seq.). This letter is prompted by recent state legislation eliminating the exemption for agriculture from California's permitprogram. On March 21,2001, I submittedto you 

### my written opinion that the laws ofthis state provide adequate authority to carry out all aspects ofthe Title V operating permitprogram, except for the authorityto issue permits for "equipmentused in agricultural operations in the growing ofcrops or the raising offowl or animals." Until the current legislative session, section 42310, subdivision (e), ofthe California Health and Safety Code specifically exemptedthese potential Title V sources from California's generalpermitrequirement (Cal. Health & 

### Safety Code, § 

### 42300 et seq.). At that time, I stated that in the event legislation eliminatedthe exemption for agricultural equipment, which emits sufficient quantities ofair contaminants to be a Title V source, I would amend the opinion accordingly. That is the purpose ofthis letter.
The California Legislature has enacted, and the Governor has signed, Senate Bill 700, enclosed, which deletes subdivision (e) from CaliforniaHealth and Safety Code section 42310. (Cal. Health & 

### Saf. Code, § 42310, 

### amendedby 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, SenateBill 700 commands California's**~,.** 1300 I STREET • SUITE 1740 • SACRAMENTO. CALIFORNIA • 95814 • 916-324-5437Ms. Marianne Lamont Horinko Page2

local air districts to have permit systems that require agricultural sources to obtainpermits in accordance with Title I andTitle V ofthe Clean Air Act. Specifically, section 9 ofSenate Bill 700 adds the following paragraph to the California Health and Safety Code:
In addition to complying with the requirements ofthis chapter, a permit system establishedby a district pursuant to Section 42300 shall ensure that any agricultural source that is required to obtain a permitpursuantto Title I (42 U.S.c. Sec. 7401 et seq.) orTitle 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 withthe implementation ofthe Clean Air Act: Nothing in this section shall delay or otherwise affect any action taken by a district to reduce emissions ofair contaminants from agricultural sources, or any otherrequirements imposed on a district or a source ofair pollution pursuant to the federal Clean AirAct (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 ofairpollution within California that are required to have permitspursuant to Title V ofthe Clean Air Act. Furthermore, Senate Bill 700 ensures that the permitsissued to agricultural sources will comply with all applicable requirements ofthe Clean Air Act. The State ofCalifornia, therefore, now satisfies the requirementthat its laws providethe authorityto carry out its Title V permitprogram.

# ~Ii

# BILLLOCK~ Attorney General
Enclosure: Senate Bill 700