# HEALTH AND SAFETY CODE

SECTION 40910

- 40930

40910. It is the intent of the Legislature in enacting this chapter

that districts shall endeavor to achieve and maintain state ambient

air quality standards for ozone, carbon monoxide, sulfur dioxide, and

nitrogen dioxide by the earliest practicable date. In developing

attainment plans and regulations to achieve this objective, districts

shall consider the full spectrum of emission sources and focus

particular attention on reducing the emissions from transportation

and areawide emission s ources. Districts shall also consider the

cost

- effectiveness of their air quality programs, rules, regulations,

and enforcement practices in addition to other relevant factors, and

shall strive to achieve the most efficient methods of air pollution

control . However, priority shall be placed upon expeditious progress

toward the goal of healthful air. It is also the intent of the

Legislature that redundant work shall be avoided.

40911. (a) Except as provided in subdivision (b), each district

which has been designated a nonattainment area for state ambient air

quality standards for ozone, carbon monoxide, sulfur dioxide, or

nitrogen dioxide shall prepare and submit a plan for attaining and

maintaining the standards to the state board not later than December

31, 1990.

(b) Notwithstanding subdivision (a), any district which is a

receptor or contributor of transported air pollutants, as determined

by the state board pursuant to subdivision (a) of Section 39610,

shall prepare and submit its plan to the state board not later than

June 30, 1991.

40912. The plans for districts responsible for or affected by air

pollutant transport shall provide for attainment and maintenance of

the state and federal standards in both the upwind and downwind

distri ct. Each upwind district's plan shall contain, at a minimum,

all mitigation requirements established by the state board pursuant

to subdivision (b) of Section 39610. Each downwind district's plan

shall contain sufficient measures to reduce emissions origin ating in

the district below the level at which violations of state ambient air

quality standards would occur in the absence of the transport

contribution.

40913. (a) Each district plan shall be designed to achieve and

maintain the state standards by the earliest practicable date, as

determined by the district and subject to the approval of the state

board, and in consideration of all relevant factors, including, but

not limited to, the following:

(1) Present and proj ected maximum ambient pollutant concentration.

(2) Distribution and frequency of violations.

(3) Transport contributions.(4) Projected emission increases based on industrial, vehicular,

or population growth.

(5) Emission inventory characterist ics.

(6) Anticipated effectiveness of available and potential control

measures.

(7) Emission reductions occurring in, or expected to occur in, the

district.

(8) In districts where military bases have closed or are scheduled

for closure, the reuse plans for the closing base.

(b) Each district plan shall be based upon a determination by the

district board that the plan is a cost

- effective strategy to achieve

attainment of the state standards by the earliest practicable date.

40914. (a) Each d istrict plan shall be designed to achieve a

reduction in districtwide emissions of 5 percent or more per year for

each nonattainment pollutant or its precursors, averaged every

consecutive three

- year period, unless an alternative measure of

progress is app roved pursuant to Section 39607.

(b) A district may use an alternative emission reduction strategy

which achieves less than an average of 5 percent per year reduction

in districtwide emissions if the district demonstrates to the state

board, and the state board concurs in, either of the following:

(1) That the alternative emission reduction strategy is equal to

or more effective than districtwide emission reductions in improving

air quality.

(2) That despite the inclusion of every feasible measure in the

plan, and an expeditious adoption schedule, the district is unable to

achieve at least a 5

- percent annual reduction in districtwide

emissions.

(c) For purposes of this section and Section 41503.1, for each

district that is desig nated nonattainment for a state ambient air

quality standard but is designated attainment for the federal air

quality standard for the same pollutant, reductions in emissions

shall be calculated with respect to the actual level of emissions

that exist in e ach district during 1990, as determined by the state

board. All reductions in emissions occurring after December 31, 1990,

including, but not limited to, reductions in emissions resulting

from measures adopted prior to December 31, 1990, shall be included

in this calculation. For each district that is designated

nonattainment for both state and federal ambient air quality

standards for a single pollutant, reductions in emissions shall be

calculated with respect to the actual level of emissions that exist

in each district during the baseline year used in the state

implementation plan required by the federal Clean Air Act. All

reductions in emissions occurring after December 31 of the baseline

year, including, but not necessarily limited to, reductions in

emis sions resulting from measures adopted prior to December 31 of the

baseline year, shall be included in this calculation.

40915. Each district plan shall contain contingency measures to be

implemented upon a finding by the state board, pursuant to Section41503.3, that the district is failing to achieve interim goals or

maintain adequate progress toward attainment. Any regulations

necessary to implement the contingency measures shall be adop ted by

the district within 180 days following the state board's

determination of inadequate progress.

40916. (a) The state board shall make technical assistance

available to a district, at the district's request, to support

attainment planning and air pollutant transport planning and

associated analyses. If the state board lacks sufficient resources to

make technical assistance available to each district that requests

assistance, the state board shall give priority to those districts

that have limited f inancial or technical capabilities.

(b) The state board shall develop guidelines for use by the

districts to prepare emission inventories, develop monitoring

networks, and develop methods for the validation of air quality

models.

(c) The state board shall develop and periodically update

guidelines for use by the districts to establish equivalent emission

reductions for mobile source emission control strategies and

transportation control measures.

(d) (1) The state board may recommend a suggested control measure

for adoption by a district to meet the requirements of the district's

plan adopted pursuant to this chapter for any architectural paint or

coating, if the state board determines all of the f ollowing:

(A) The control measure will achieve a feasible reduction in

volatile organic compounds emitted by the architectural paint or

coating. For purposes of this paragraph, "feasible reduction in

volatile organic compounds emitted" means an emission limitation that

is achievable, taking into account environmental, energy, and

economic impacts.

(B) Adequate data exist to establish that the control measure is

necessary to attain state and federal ambient air quality standards.

(C) The control mea sure is commercially and technologically

feasible and necessary.

(2) Nothing in this subdivision shall limit or affect the ability

of a district to adopt or enforce rules related to architectural

paint or coatings. Every rule adopted by a district regar ding

architectural paint or coatings shall be adopted by the governing

board of the district in accordance with existing law, and shall

include at least one public workshop.

40917. Two or more districts within the same air basin shall

cooperate to the extent reasonable and appropriate in developing plan

elements of mutual concern. These elements may include, but are not

limited to, emission inventories, air quality models, and growth

projections.

40918. (a) Each district with moderate air pollution shall, to the

extent necessary to meet the requirements of the plan developed

pursuant to Section 40913, include the following measures in itsattainment plan:

(1) A stationary source control program designe d to achieve no net

increase in emissions of nonattainment pollutants or their

precursors from new or modified stationary sources which emit or have

the potential to emit 25 tons per year or more of nonattainment

pollutants or their precursors. The program shall require the use of

best available control technology for any new or modified stationary

source which has the potential to emit 25 pounds per day or more of

any nonattainment pollutant or its precursors.

(2) The use of reasonably available control technology for all

existing stationary sources, except that stationary sources permitted

to emit five tons or more per day or 250 tons or more per year shall

be equipped with the best available retrofit control technology.

(3) Reasonably available tran sportation control measures

sufficient to substantially reduce the rate of increase in passenger

vehicle trips and miles traveled per trip if the district contains an

urbanized area with a population of 50,000 or more.

(4) Provisions to develop areawide source and indirect source

control programs.

(5) Provisions to develop and maintain an emissions inventory

system to enable analysis and progress reporting and a commitment to

develop other analytical techniques to carry out its responsibilities

pursua nt to subdivision (b) of Section 40924.

(6) Provisions for public education programs to promote actions to

reduce emissions from transportation and areawide sources.

(b) Any district with moderate air pollution that is not below the

pollutant concentrations for a moderate classification pursuant to

Sections 40921 and 40921.5 by December 31, 1997, shall comply with

Section 40919 if the state board demonstrates that the additional

requirements of Section 40919 will substantially expedit e the

district's attainment of the state ambient air quality standards. Any

actions taken by the state board pursuant to this subdivision are

subject to Section 41503.4.

40918.5. (a) Notwithstanding Sections 40918, 40919, and 40920, a

district that doe s not have extreme air pollution may elect to not

include a no

- net

- increase permitting program in its attainment plan

if all of the following actions are taken:

(1) The governing board of the district finds, at a public

hearing, that the no

- net

- increase permitting program is not necessary

to achieve and maintain the state ambient air quality standards by

the earliest practicable date.

(2) Prior to making the finding specified in paragraph (1), the

governing board does both of the following:

(A) Rev iews an estimate of the growth in emissions, if any, that

is likely to occur as a result of the elimination of a

no

- net

- increase permitting program.

(B) Complies with Section 40914 either by having adopted, or

having scheduled for adoption, all feasible measures to achieve and

maintain state ambient air quality standards, or by the use of an

alternative emission reduction strategy.

(3) The governing board of the district submits its finding to the

state board, and, within 60 days from the date of the submittal of

the finding, the state board makes a determination based on

quantifiable and substantial evidence that a no

- net

- increasepermitting program is not necessary to comply with the mitigation

re quirements established pursuant to Section 39610 and that the

no

- net

- increase permitting program is not necessary to achieve and

maintain the state ambient air quality standards by the earliest

practicable date. If the state board does not make any determi nation

within that 60

- day period, and the district does not agree to an

extension of that time period, the district may make the election

authorized by this subdivision.

(b) Nothing in this section shall relieve a district from the

obligation to require the use of the best available control

technology pursuant to Section 40918, 40919, or 40920.

40918.6. Following the implementation of Section 40918.5, both of

the following shall occur:

(1) The district governing board's finding pursuant to paragra ph

(1) of subdivision (a) of Section 40918.5 shall, by operation of law,

become part of the district's attainment plan.

(2) The state board shall, during any subsequent review of the

district's attainment plan pursuant to subdivision (a) of Section

4150 0, determine based on quantifiable and substantial evidence

whether or not a no

- net

- increase permitting program is necessary to

comply with mitigation requirements established pursuant to Section

39610 or to achieve and maintain state ambient air quality s tandards

by the earliest practicable date. If the state board determines that

a no

- net

- increase permitting program is necessary to comply with

those requirements, the district shall then adopt and implement a

no

- net

- increase permitting program pursuant to Section 40918, 40919,

or 40920.

40918.7. (a) Emission reduction offset credits created pursuant to

subdivision (p) of Section 41865 shall be approved for use by a

stationary source in another district if al l of the following

conditions are met:

(1) The district containing the source providing the offset

credits does not have a no

- net

- increase permitting program in its

attainment plan.

(2) The district where the offset credits are to be used is

designat ed as having moderate air pollution.

(3) The district where the offset credits are to be used is

located within the same air basin as, or within an air basin that is

contiguous to, the air basin in which the district containing the

source providing the offsets is located.

(4) The site where the offset credits will be used is located

within 200 linear air miles from the source providing the offset

credits.

(b) If all of the conditions specified in subdivision (a) are met,

the district receiving the offset credit shall do both of the

following:

(1) Determine the type and quantity of the emission reductions to

be credited.

(2) Adopt a rule or regulation to discount the emission reductions

credited to the stationary source. The discount shall not be less

than the emission reduction for offsets from comparable sources

located within the district boundaries.40919. (a) Each district with serious air pollution shall, to the

extent necessary to meet the requirements of the plan adopted

pursuant to Section 40913, include the following measures in its

attainment plan:

(1) All measures required for moderate nonattainment areas, as

specified in Section 40918.

(2) A stationary source control program designed to achieve no net

increase in emissions of nonattainment pollutants or their

precursors from all new or modified stationary sources which emit, or

have the potential to emit, 15 tons or more per year. The program

shall require the use of best available control technology for any

new or modified stationary source which has the potential to emit 10

pounds per day or more of any nonattainment pollutant or its

precursors.

(3) The use of the best available retrofit control technology, as

def ined in Section 40406, for all existing permitted stationary

sources.

(4) Measures to achieve the use of a significant number of

low

- emission motor vehicles by operators of motor vehicle fleets.

(b) Any district with serious air pollution that has no t met the

criteria for a moderate classification by December 31, 1997, shall

comply with Section 40920 if the state board demonstrates that the

additional requirements of Section 40920 will substantially expedite

the district's attainment of the state ambient air quality standards.

Any actions taken by the state board pursuant to this subdivision

are subject to Section 41503.4.

40920. Each district with severe air pollution shall, to the extent

necessary to mee t the requirements of Section 40913, include the

following measures in its attainment plan:

(a) All measures required for moderate and serious nonattainment

areas, as specified in Sections 40918 and 40919.

(b) A stationary source control program desi gned to achieve no net

increase in emissions of nonattainment pollutants or their

precursors from all new or modified stationary sources which emit, or

have the potential to emit, 10 tons or more per year.

(c) Measures sufficient to reduce overall popul ation exposure to

ambient pollutant levels in excess of the standard by at least 25

percent by December 31, 1994, 40 percent by December 31, 1997, and 50

percent by December 31, 2000, based on average per capita exposure

and the severity of the exposure, s o as to minimize health impacts,

using the average level of exposure experienced during 1986 through

1988 as the baseline.

40920.5. Each district with extreme air pollution shall, to the

extent necessary to meet the requirements of the plan developed

p ursuant to Section 40913, include the following measures in its

attainment plan:

(a) All measures required for moderate, serious, and severe areas.

(b) A stationary source control program designed to achieve no netincrease in emissions from new or modified stationary sources of

nonattainment pollutants or their precursors.

(c) Any other feasible controls that can be implemented, or for

which implementation can begin, within 10 years of the adoption date

of the mo st recent air quality plan.

40920.6. (a) Prior to adopting rules or regulations to meet the

requirement for best available retrofit control technology pursuant

to Sections 40918, 40919, 40920, and 40920.5, or for a feasible

measure pursuant to Section 4 0914, districts shall, in addition to

other requirements of this division, do all of the following:

(1) Identify one or more potential control options which achieves

the emission reduction objectives for the regulation.

(2) Review the information dev eloped to assess the

cost

- effectiveness of the potential control option. For purposes of

this paragraph, "cost

- effectiveness" means the cost, in dollars, of

the potential control option divided by emission reduction potential,

in tons, of the potential con trol option.

(3) Calculate the incremental cost

- effectiveness for the potential

control options identified in paragraph (1). To determine the

incremental cost

- effectiveness under this paragraph, the district

shall calculate the difference in the dollar costs divided by the

difference in the emission reduction potentials between each

progressively more stringent potential control option as compared to

the next less expensive control option.

(4) Consider, and review in a public meeting, all of the

following:

(A) The effectiveness of the proposed control option in meeting

the requirements of this chapter and the requirements adopted by the

state board pursuant to subdivision (b) of Section 39610.

(B) The cost

- effectiveness of each potential con trol option as

assessed pursuant to paragraph (2).

(C) The incremental cost

- effectiveness between the potential

control options as calculated pursuant to paragraph (3).

(5) Make findings at the public hearing at which the regulation is

adopted statin g the reasons for the district's adoption of the

proposed control option or options.

(b) A district may establish its own best available retrofit

control technology requirement based upon consideration of the

factors specified in subdivision (a) and Sec tion 40406 if the

requirement complies with subdivision (d) of Section 40001 and is

consistent with this chapter, other state law, and federal law,

including, but not limited to, the applicable state implementation

plan.

(c) A district shall allow the r etirement of marketable emission

reduction credits under a program which complies with all of the

requirements of Section 39616, or emission reduction credits which

meet all of the requirements of state and federal law, including, but

not limited to, the r equirements that those emission reduction

credits be permanent, enforceable, quantifiable, and surplus, in lieu

of any requirement for best available retrofit control technology,

if the credit also complies with all district rules and regulations

affecting those credits.

(d) After a district has established the cost

- effectiveness, in a

dollar amount, for any rule or regulation adopted pursuant to this

section or Section 40406, 40703, 40914, 40918, 40919, 40920, 40920.6,or 40922, the district, consistent with subdivision (d) of Section

40001, shall allow alternative means of producing equivalent emission

reductions at an equal or lesser dollar amount per ton reduced,

including the use of emission reduction credits, for an y stationary

source that has a demonstrated compliance cost exceeding that

established dollar amount.

40921. For the purposes of Sections 40918, 40919, 40920, and

40920.5, the designation of a district's air pollution as "moderate,"

"serious," "severe, " or "extreme" for an area which is a receptor of

transported air pollutants shall be based on violations of state

ambient air quality standards which would occur without regard to the

transport contribution.

40921.5. (a) For purposes of classifying oz one nonattainment areas

pursuant to Sections 40918, 40919, 40920, and 40920.5, the terms

moderate, serious, severe, and extreme shall be defined as follows:

greater than 0.09

to

not

(1) Moderate ............... more than 0.12

parts

per

million,

inclusive.

0.13 to 0.15 parts

(2) Serious ................ per mil

-

lion, inclusive.

0.16 t o 0.20 parts

(3) Severe ................. per mil

-

lion, inclusive.

greater than 0.20

(4) Extreme ................ parts

per

million.

(b) For the purposes of classifying carbon monoxide nonattainment

areas under Sections 40918 and 40919, the terms moderate and serious

shall be defined as follows:

greater than 9.0

to 12.7 parts

(1) Moderate ...............

per million,

inclusive.

greater than 12.7

(2) Serious ................ parts

per

million.

(c) The state board shall determine the ambient concentration of

each nonattai nment area consistent with the designation criteriaestablished pursuant to subdivision (e) of Section 39607.

Classifications for ozone shall be based upon the calendar years 1989

to 1991, inclusive. Classifications for carbon monoxide shall be

based upon the 1989

- 90 and 1990

- 91 winter seasons.

40922. (a) Each plan prepared pursuant to this chapter shall

include an assessment of the cost effectiveness of available and

proposed control measures and shall contain a list which ranks the

control measures from the least cost

- effective to the most

cost

- effective.

(b) In developing an adoption and implementation schedule for a

specific control measure, the district shall consider the relative

cost effectiveness of the measure, as determined under subdivision

(a), as well as other factors including, but not limited to,

technological feasibility, total emission reduction potential, the

rate of reduction, public acceptability, and enforceability.

40923. (a) Upon the state board's approval of a di strict's

attainment plan, and each January 1 thereafter, the district shall

publish a list of regulatory measures scheduled or tentatively

scheduled for consideration during the following year. The district

shall not propose a regulatory measure for consid eration during any

year that is not contained in the district's most recently published

list of proposed regulatory measures unless earlier consideration is

necessary to satisfy federal requirements, to abate a substantial

endangerment to public health or welfare, or to comply with Section

39666 or 40915.

(b) Subdivision (a) does not apply to any modification of existing

rules that the district finds and determines is necessary to do

either of the following:

(1) Preser ve the original intent of the rules, as stated upon

their adoption.

(2) Increase opportunities for alternative compliance methodology

pursuant to subdivision (d) of Section 40001.

40924. (a) On or before December 31 of each year following the

state board's approval of a district's attainment plan, the district

shall prepare and submit a report to the state board summarizing its

progress in meeting the schedules for developing, adopting, and

implementing the air pollution control measures contained in the

district's plan. Those annual reports shall contain, at a minimum,

the proposed and actual dates for the adoption and implementation of

each measure.

(b) On or before December 31, 1994, and once every three years

thereafter, the district shall asse ss its progress toward attainment

of the state ambient air quality standards. Each triennial assessment

shall be incorporated into the district's triennial plan revision

prepared pursuant to Section 40925. Each triennial assessment shall

contain, at a mini mum, both of the following:

(1) The extent of air quality improvement achieved during thepreceding three years, based upon ambient pollutant measurements,

best available modeling techniques, and air quality indicators

identified by the state board for that purpose under subdivision (f)

of Section 39607.

(2) The expected and revised emission reductions for each measure

scheduled for adoption in the preceding three

- year period.

40925. (a) On or before December 31, 1994, and at least once every

three years thereafter, every district shall review and revise its

attainment plan to correct for deficiencies in meeting the interim

measures of progress incorporated into the plan pursuant to Section

40914, and to incorporat e new data or projections into the plan,

including, but not limited to, the quantity of emission reductions

expected from the control measures adopted in the preceding

three

- year period and the dates that those emission reductions will

be achieved, and the rates of population

- related, industry

- related,

and vehicle

- related emissions growth actually experienced in the

district and projected for the future. This data shall be compared to

the rate of emission reductions and growth projected in the previous

trie nnial plan revision. Upon adoption of each triennial plan

revision at a public hearing, the district board shall submit the

revision to the state board.

(b) A district may modify the emission reduction strategy or

alternative measure of progress for sub sequent years based on this

assessment if the district demonstrates to the state board, and the

state board finds, that the modified strategy is at least as

effective in improving air quality as the strategy which is being

replaced.

(c) Each district which cannot demonstrate attainment by December

31, 1999, shall prepare and submit a comprehensive update of its plan

to the state board not later than December 31, 1997, unless the

state board determines, by not later than February 1, 19 97, that a

comprehensive plan update is unnecessary. The revised plan shall

include an interim air quality improvement goal or an equivalent

emission reduction strategy, subject to review and approval by the

state board, to be achieved in the subsequent fi ve

- year period.

40925.3. (a) The state board shall publish on a quarterly basis, or

on a more frequent basis if determined necessary by the state board,

a list of each district's rules or rule amendments that are

submitted during that quarter to the Un ited States Environmental

Protection Agency as revisions to the state implementation plan. The

list shall include the following dates and information, if available:

(1) The date the district adopted the revision.

(2) The date the revision was submitt ed to the state board.

(3) The date the state board submitted the revision to the United

States Environmental Protection Agency.

(4) The date the United States Environmental Protection Agency

published notice of a proposed action on the revision in t he Federal

Register and the nature of that proposed final action.

(5) The date the United States Environmental Protection Agency

took final action of the revision and the nature of that final

action.(b) The state board may remove a revision from the list published

pursuant to subdivision (a) 30 days after the United States

Environmental Protection Agency takes final action on the revision.

(c) For the purposes of this section, "publish" means to post the

information on the state board's Internet website, or to make the

information available to any party in writing upon request.

40925.5. (a) A district which is nonattainment for the state ozone

standard shall be designated "nonattainment

- transitional" b y

operation of law if, during a single calendar year, the state

standard is not exceeded more than three times at any monitoring

location within the district.

(b) Any district which is designated nonattainment

- transitional

under subdivision (a) shall re view its plan for attaining the state

ozone standard and shall determine whether the stationary source

control measures scheduled for adoption or implementation within the

next three years by the district are needed to accomplish expeditious

attainment or to maintain the state standard following the projected

attainment date. In making that determination, the district shall

consider air quality trends, the effect of the state's adopted and

proposed motor vehicle and area source control programs, turnover of

the vehicle fleet, the impact of measures previously adopted by the

district, the state board, and the Environmental Protection Agency

which are in the process of being implemented, and other significant

factors influencing emissions trends.

(c) If a n onattainment

- transitional district determines that one

or more of the stationary source control measures scheduled for

adoption or implementation within the next three years are no longer

necessary to accomplish expeditious attainment or to maintain the

state standard, the district shall shift those measures to the

contingency category.

(d) If a nonattainment

- transitional district determines that

delaying one or more stationary source control measures will not

retard the achievement of the state ozone standard, it may delay that

measure.

(e) Subdivisions (c) and (d) shall not apply to any stationary

source control measures required by Section 39610. In addition,

subdivisions (c) and (d) shall be suspended at any time that the

district ceases to quali fy for a nonattainment

- transitional

designation under subdivision (a).

(f) Actions of any district pursuant to this section are effective

immediately. The state board may disapprove any action of the

district pursuant to this section within 90 days of t he action. The

state board shall not disapprove district actions pursuant to this

section unless it finds that the actions will delay expeditious

attainment of the state ozone standard. Actions taken by the state

board pursuant to this subdivision are subj ect to Section 41503.4.

(g) Actions of any district pursuant to subdivisions (c) or (d)

shall be reviewed by the district in connection with its next review

and revision of its attainment plan pursuant to Section 40925.

40926. Nothing in this chapt er restricts the authority of the stateboard or a district to adopt regulations to control suspended

particulate matter, visibility reducing particles, lead, hydrogen

sulfide, or sulfates, or their precursors.

40930. (a) Each district that has adopted a plan pursuant to this

chapter shall, on or before January 31 of each year, prepare and

submit to the state board a report identifying the number of days

during the preceding calendar year that air quality in the distric t

violated each state ambient air quality standard for which the

district's status is nonattainment.

(b) For any pollutant for which the report indicates that the

applicable state ambient air quality standard was not violated during

more than three days during the calendar year at any one or more

monitoring locations within the district, the district shall not

adopt any new or more stringent control measure until after

preparation, and approval by the district board, of an analysis that

does all of the f ollowing:

(1) Assesses the costs and benefits of all additional district,

state, and federal regulatory actions that would be necessary to

achieve attainment of the applicable state ambient air quality

standard, taking into account only the additional c osts and benefits

attributable to achieving the state standard for the remaining three

or fewer days each year.

(2) Includes consideration of all of the socioeconomic impacts

specified in Section 40728.5.

(3) Identifies, if the district is an upwind district, the

benefits of the additional regulatory actions in the district on the

air quality in any downwind district, and identifies the costs

attributable to those regulatory actions.

(c) The state board shall review the district analyses prepared

pursuant to subdivision (b) to ensure expeditious progress towards

attainment in both the district that prepared the analysis and any

downwind district and to ensure that any resulting action of the

district that prepared the analysis does not adversely af fect any

downwind district.