HEALTH AND SAFETY CODE 

Division 26 Air Resources 

Part 4 Nonvehicular Air Pollution Control 

Chapter 4 Enforcement 

§ 42301.17. Adoption of program not requiring permit for agricultural source of air 

pollution; Criteria and required actions 

(a) A district may adopt by regulation a program under which the district does not 

require a permit to be obtained by an agricultural source of air pollution that the district 

may otherwise require to obtain a permit if the owner or operator of the source has 

taken the following actions to reduce emissions from the source: 

(1) Removed all internal combustion engines used in the production of crops or the 

raising of fowl or animals, except an engine that is used to propel implements of 

husbandry, at the source and replaced them with engines that meet or exceed the most 

stringent standards adopted by the state board and the United States Environmental 

Protection Agency for new internal combustion engines. 

(2) Reduced or mitigated emissions from all agricultural activities, including, but not 

limited to, tilling, discing, cultivation, the raising of livestock and fowl, and similar 

activities, to a level that the district determines does not cause, or contribute to, a 

violation of a state or federal ambient air standard, toxic air contaminant, or other air 

emission limitation. 

(3) Reduced or mitigated all emissions from any farm equipment, underground 

petroleum fuel tanks, or other similar equipment used in agricultural activities to a level 

that the district determines does not cause or contribute to a violation of a state or 

federal ambient air standard, toxic air contaminant, or other air emission limitation. 

(4) Complied with any other conditions required by state or federal law or district rule 

or regulation for the source. 

(b) Subdivision (a) does not apply to those permits required to be issued pursuant to 

Title I (42 U.S.C. Sec. 7401 et seq.) or Title V (42 U.S.C. Sec. 7661 et seq.). 

Added Stats 2003 ch 479 § 10 (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.