HEALTH AND SAFETY CODE

Division 26 Air Resources

Part 4 Nonvehicular Air Pollution Control Chapter 4 Enforcement

§ 42301.18. What agricultural sources permitted as existing source; Emissions reductions

(a) Any agricultural source that existed pr ior to January 1, 2004, that becomes subject to a permit requirement pursuant to a districtrule or regulation that was adopted prior to that date shall be permitted as an existing source and not as a new source. (b) Any agricultural source that is an existi ng source pursuant to subdivision (a) shall be permitted by the distri ct based upon its maximum potential to emit air contaminants, to the extent that level ca n be determined, as of January 1, 2004. (c) A district may not require an agricultur al source to obtain emissions offsets for criteria pollutants for that source if emissi ons reductions from th at source would not meet the criteria for real, permanent, quantifiable, and enforceable emission reductions.

Added Stats 2003 ch 479 § 11 (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 the directly 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 atthe 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 cost s 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 cost s 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.