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 agricult ural source of air pollu tion that the district may otherwise require to obtain a permit if the owner or operator of the source has taken the following actions to re duce 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 engi ne that is used to propel implements of husbandry, at the source and replaced them wi th engines that meet or exceed the most stringent standards adopted by the state bo ard and the United St ates Environmental Protection Agency for new in ternal combustion engines. (2) Reduced or mitigated emissi ons 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 dete rmines does not cause, or contribute to, a
violation of a state or federal ambient air st andard, toxic air contam inant, 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 agricu ltural 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 ot her 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 pe rmits 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 Legisl ature finds and declares all of the following: (1) Agricultural operationsnecessary 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 limit ed to, the San Joaquin Valley, to achieve
health-based state and federal ambient air quality standards. (2) Since 1999, the agricultur e industry has reduced emissi ons of oxides of nitrogen (NO X ) by more than 2000 tons per year, emi ssions of particulate matter of 10 microns in diameter (PM 10) by more than 500 tons per year, and em issions of volatile organic compounds (VOCs) from agricultural chemical s 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 dire ctly related to growth in population and the resulting vehicle miles traveled. Acco rding to the State Air Resources Board, however, agricultural source s of air pollution account for over fifty percent of thedirectly emitted particulate air pollution generated in the valley during the fall, amounting to over 170 tonsper 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. Se c. 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 addi ng 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 Legisl ature to require the State Air Resources Board and air quality management dist ricts and air pollution contro l districts in the state to regulate stationary, mobile, and area sources of agricult ural 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, th at invalidity shall not affect other provisions or applications that can be given effect wi thout the invalid provision or application.
SEC. 15. No reimbursement is re quired 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 th is 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 Ar ticle XIIIB of the California Constitution. In addition, no reimbursement is required by this act pursuant to Section 6 of Article
XIIIB of the California Consti tution for certain other costs that may be incurred by a local agency or school district because a loca l agency or school dist rict has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, wi thin the meaning of Section 17556 of the
Government Code.