reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 3 - Emission Limitations › ARTICLE 2 - Nonagricultural Burning › Section 41804.5.

41804.5. (a)  Notwithstanding Section 41800, a district board may authorize, subject to the limitations in Section 41803 and this section, the use of open outdoor fires by a city or county to dispose of nonindustrial wood waste from trees, vines, and brush at disposal sites located above 1,500 feet elevation mean sea level anywhere in the state, or at any elevation in the area designated as the North Coast Air Basin by the state board pursuant to Section 39606.
(b)  Authorization for such burning, if granted, shall be in the form of permits issued by the district and by the fire protection agency having jurisdiction over the area in which the disposal site is located. The permits shall allow burning only on days during which agricultural burning is not prohibited by the state board pursuant to Section 41855.
(c)  No permit shall be issued until there is filed with the district a written statement by the owner of the land on which the disposal site is located, or his agent, or if some other person is lawfully in possession of such land, by such other person, approving the burning on such land by the city or county.
(d)  Prior to issuing a permit, the district may inspect the wood waste to be burned to verify that it is exclusively nonindustrial wood waste from trees, vines, and brush.
(e)  The state board shall approve the use of open outdoor fires at a designated disposal site to dispose of such wood waste if such an operation of the disposal site will not prevent the achievement and maintenance of ambient air quality standards. The approval shall be granted for a minimum of one year.
(f)  In seeking approval from the state board to use open outdoor fires at disposal sites throughout the county to dispose of such wood waste, a county may submit its plan for the disposal of such wood waste in the county by the use of open outdoor fires at the disposal sites.
(Amended by Stats. 1982, Ch. 230, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 3 - Emission Limitations › ARTICLE 2 - Nonagricultural Burning › Section 41805.

41805. (a)  The Legislature hereby finds and declares that, because sanitary landfill sites are very difficult to obtain, these valuable sites should be reserved for high-priority waste such as garbage and low-volume rubbish, and that the disposal, by open outdoor fires of high-volume wood waste will help prolong the life of such landfill sites. However, it is the intent of the Legislature that the disposal, by open outdoor fires, of such waste be reasonably regulated so as to not create a nuisance or significantly reduce the quality of the ambient air.
(b)  Therefore, the state board shall conduct studies of alternative methods of disposing of wood waste from trees, vines, or bushes, other than by open outdoor fires.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 3 - Emission Limitations › ARTICLE 2 - Nonagricultural Burning › Section 41805.6.

41805.6. Notwithstanding Section 41805.5, a small city which operates a Class III solid waste disposal site is not required to submit a screening questionnaire or a solid waste air quality assessment test report pursuant to Section 41805. 5 if the city has a population of less than 20,000 persons, the solid waste disposal site receives less than 20,000 tons of waste per year, the water table of the highest aquifer under the disposal site is 250 or more feet below the base of the disposal site and the water in the highest aquifer is not potable, and the site receives less than an average of 12 inches of rainfall per year.
This section applies only if the disposal site is operational and has been granted all required permits as of January 1, 1991, and if the site is located in Kings County.
(Added by Stats. 1990, Ch. 1361, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 3 - Emission Limitations › ARTICLE 2 - Nonagricultural Burning › Section 41806.

41806. Nothing in this article shall be construed as prohibiting any of the following:
(a)  Burning for the disposal of the combustible or flammable solid waste of a single- or two-family dwelling on its premises.
(b)  Open outdoor fires used only for cooking food for human beings or for recreational purposes.
(c)  The burning, in a respectful and dignified manner, of an unserviceable American flag that is no longer fit for display.
(Amended by Stats. 1997, Ch. 538, Sec. 1. Effective January 1, 1998.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 3 - Emission Limitations › ARTICLE 2 - Nonagricultural Burning › Section 41807.

41807. Nothing in this article shall be construed to prohibit burning for right-of-way clearing by a public entity or utility or for levee, reservoir, and ditch maintenance. No such material may be burned pursuant to this section unless (a) agricultural burning is not prohibited on the day pursuant to Section 41855, and (b) the material has been prepared by stacking, drying, or other methods to promote combustion as specified by the air pollution control officer having jurisdiction.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 3 - Emission Limitations › ARTICLE 2 - Nonagricultural Burning › Section 41808.

41808. The state board shall permit a city or county to use open outdoor fires, for a limited time only, in its operation of a solid waste dump, upon the finding that, because of sparse population in the geographical area and economic and technical difficulties, the solid waste dump should be so operated.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 3 - Emission Limitations › ARTICLE 2 - Nonagricultural Burning › Section 41809.

41809. Notwithstanding Sections 41508 and 41800, open outdoor fires may be used to dispose of Russian thistle (Salsola kali) when authorized by a chief of a fire department or fire protection agency of a city, county, or fire protection district, the Director of Forestry and Fire Protection or his or her duly authorized representative, a county agricultural commissioner, or an air pollution control officer.
(Amended by Stats. 1992, Ch. 427, Sec. 106. Effective January 1, 1993.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 3 - Emission Limitations › ARTICLE 2 - Nonagricultural Burning › Section 41810.

41810. For islands located 15 or more miles from the mainland coast:
(a)  The provisions of Section 41701 shall not apply to smoke from fires set thereon.
(b)  No district shall adopt any rule or regulation stricter than those provided by law with respect to open outdoor fires.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 3 - Emission Limitations › ARTICLE 2 - Nonagricultural Burning › Section 41811.

41811. The provisions of this article shall not supersede any rule or regulation of any district, which rule or regulation was in effect for five or more years prior to September 19, 1970.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 3 - Emission Limitations › ARTICLE 2 - Nonagricultural Burning › Section 41812.

41812. (a) The air pollution control officer of any district, upon authorization of the district board, may authorize, by permit, open outdoor fires for the purpose of disposing of agricultural wastes, or wood waste from trees, vines, bushes, or other wood debris free of nonwood materials, in a mechanized burner so that no air contaminant is discharged into the atmosphere for a period or periods aggregating more than 30 minutes in any eight-hour period that is either of the following:
(1) As dark or darker in shade as that designated as No. 1 on the Ringelmann Chart, as published by the former United States Bureau of Mines.
(2) So opaque that it obscures observer’s view to a degree equal to or greater than does smoke described in paragraph (1).
(b) In authorizing the operation of a mechanized burner, the air pollution control officer may make the permit subject to whatever conditions the officer determines are reasonably necessary to ensure conformance with the standards prescribed in this section.
(Amended by Stats. 2018, Ch. 624, Sec. 6. (SB 1260) Effective January 1, 2019.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 3 - Emission Limitations › ARTICLE 2 - Nonagricultural Burning › Section 41813.

41813. Notwithstanding any other provision of this division, in the San Bernardino County Air Pollution Control District, Group 2 solid waste, as defined in Section 2521 of Title 23 of the California Administrative Code, for a period not to exceed six months from the effective date of this section, may be disposed of by means of an air curtain destructor. The authority provided by this section applies only to an existing solid waste disposal site in the upper desert area which receives less than 50 tons of solid waste for disposal per day. The use of the air curtain destructor shall be monitored by the San Bernardino County Air Pollution Control District and the state board. Within nine months after the effective date of this section, the district shall file a report with the County of San Bernardino and the state board regarding the extent to which the air curtain destructor meets the emission rules, regulations, and orders of the district and the state board.
At the end of the six-month experimental period, the air curtain destructor may continue to be used if the state board makes a finding that the public health and safety will not be adversely affected by continued use. The state board, in cooperation with San Bernardino County, shall establish a list of toxic materials that will be removed from the solid waste prior to use of the air curtain destructor.
There shall be no liability on the part of the state board for any injury occurring as a result of the use of the air curtain destructor under the provisions of this section.
(Amended by Stats. 1981, Ch. 714.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 3 - Emission Limitations › ARTICLE 2 - Nonagricultural Burning › Section 41815.

41815. Notwithstanding any local ordinance adopted pursuant to Section 37100 of the Government Code or by charter provision to prohibit the burning of waste materials, the burning of the gaseous byproducts of the recycling of water by a waste water treatment facility as part of an energy conservation and cost reduction program to generate power to operate the facility shall be permitted if the burning operation complies with all regulations of the district having jurisdiction and any other applicable provisions of state law.
(Added by Stats. 1991, Ch. 158, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 3 - Emission Limitations › ARTICLE 3 - Agricultural Burning › Section 41850.

41850. It is the intent of the Legislature, by the enactment of this article, that agricultural burning be reasonably regulated and not be prohibited. The state board and the districts shall take into consideration, in adopting rules and regulations for purposes of this article, various factors, including, but not limited to, the population in an area, the geographical characteristics, the meteorological conditions, the economic and technical impact of such rules and regulations, and the importance of a viable agricultural economy in the state.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 3 - Emission Limitations › ARTICLE 3 - Agricultural Burning › Section 41851.

41851. Section 41800 shall not apply to burning regulated pursuant to this article.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 3 - Emission Limitations › ARTICLE 3 - Agricultural Burning › Section 41852.

41852. No person knowingly shall set or permit agricultural burning unless he has a valid permit from the agency designated by the state board to issue such permits in the area where the agricultural burning is to take place.
(Amended by Stats. 1976, Ch. 1063.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 3 - Emission Limitations › ARTICLE 3 - Agricultural Burning › Section 41852.5.

41852.5. The state board may, after holding a public hearing, authorize an exemption from the permit requirement of Section 41852 for a district, or a portion of a district, where agricultural burning does not significantly affect air quality.
(Added by Stats. 1981, Ch. 700.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 3 - Emission Limitations › ARTICLE 3 - Agricultural Burning › Section 41853.

41853. The state board shall designate public fire protection agencies or other equivalent agencies to issue permits under subdivision (a) of Section 41852, and shall adopt rules and regulations to provide a procedure for the issuance of the permits. Each agency so designated by the state board shall issue permits subject to the rules and regulations of the state board.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 3 - Emission Limitations › ARTICLE 3 - Agricultural Burning › Section 41853.5.

41853.5. (a)  No permit shall be issued pursuant to Section 41853 to a person for the burning of solid waste which is produced from the ginning of cotton, unless the person pays to the issuing agency a fee of fifteen cents ($0.15) for each bale of cotton ginned that will produce the solid waste that is to be burned.
(b)  Except as provided in subdivision (c), the issuing agency shall deposit monthly the collected fees in the Air Pollution Control Fund.
(c)  To pay for administrative costs of issuing the permits, the issuing agency may retain from the fees collected pursuant to this section an amount equal to either the estimated cost of issuing the permits, or 4 percent of the total fees collected, whichever is less. The state board may make an annual audit of the issuing agency to determine the amount of fees retained by an issuing agency.
(Added by Stats. 1976, Ch. 1216.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 3 - Emission Limitations › ARTICLE 3 - Agricultural Burning › Section 41854.

41854. (a)  No permit issued pursuant to Section 41853 shall be valid for any day during which agricultural burning is prohibited by the state board pursuant to Section 41855 or by a district board pursuant to Section 41508.
(b)  Each permit shall bear a statement of warning containing the following words or words of like or similar import:
“This permit is valid only on those days during which agricultural burning is not prohibited by the State Air Resources Board pursuant to Section 41855 of the Health and Safety Code.”
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 3 - Emission Limitations › ARTICLE 3 - Agricultural Burning › Section 41855.

41855. The state board shall determine and designate from meteorological data the days when agricultural burning shall be prohibited within each air basin.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 3 - Emission Limitations › ARTICLE 3 - Agricultural Burning › Section 41855.6.

41855.6. The district may postpone the commencement dates set forth in subdivision (a) of Section 41855.5 for any category of agricultural waste or crop described if all of the following applies:
(a) The district determines that there is no economically feasible alternative means of eliminating the waste.
(b) The district determines that there is no long-term federal or state funding commitment for the continued operation of biomass facilities in the San Joaquin Valley or development of alternatives to burning.
(c) The district determines that the continued issuance of permits for that specific category or crop will not cause, or substantially contribute to, a violation of an applicable federal ambient air quality standard.
(d) The state board concurs with the district’s determinations pursuant to this section.
(Amended by Stats. 2004, Ch. 183, Sec. 221. Effective January 1, 2005.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 3 - Emission Limitations › ARTICLE 3 - Agricultural Burning › Section 41855.8.

41855.8. (a) Upon appropriation of moneys pursuant to Provision 1 of Item 3900-101-0001 of Section 2.00 of the Budget Act of 2021, the state board may administer a program to support incentives for alternatives to agricultural burning in the San Joaquin Valley.
(b) The Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) does not apply to funding criteria or other guidelines expressly related to the granting of moneys under the program described in subdivision (a) adopted or used by the state board.
(Added by Stats. 2021, Ch. 115, Sec. 60. (AB 148) Effective July 22, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 3 - Emission Limitations › ARTICLE 3 - Agricultural Burning › Section 41856.

41856. The state board shall promulgate guidelines for the regulation and control of agricultural burning for each of the air basins established by the state board.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 3 - Emission Limitations › ARTICLE 3 - Agricultural Burning › Section 41857.

41857. The guidelines promulgated by the state board shall be based on meteorological data, the nature and volume of materials to be burned, and the probable effect of such burning on the ambient air quality within the air basins affected.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 3 - Emission Limitations › ARTICLE 3 - Agricultural Burning › Section 41858.

41858. In adopting such guidelines, the state board shall consider their economic and technical feasibility, including their probable effect on agricultural production in the air basin affected.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 3 - Emission Limitations › ARTICLE 3 - Agricultural Burning › Section 41859.

41859. The state board shall continuously review the guidelines promulgated under this article, and may modify, repeal, or alter such guidelines if scientific and technological data indicates that such changes are warranted. Before adopting any such changes, the state board shall hold a public hearing and shall consider the criteria set forth in Section 41857.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 3 - Emission Limitations › ARTICLE 3 - Agricultural Burning › Section 41860.

41860. The state board shall adopt and publish a list of orchard and citrus grove heaters which it finds produce no more than one gram per minute of unconsumed solid carbonaceous material. No new orchard or citrus grove heater produced or manufactured shall be sold for use against frost damage unless it has been approved by the state board.
No person shall use any orchard or citrus grove heater after January 1, 1975, unless it has been approved by the state board or does not produce more than one gram per minute of unconsumed solid carbonaceous material.
In addition to the penalties specified in Section 42400, the cost of putting out the fire caused by a violation of this section may be imposed on any person who violates this section.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 3 - Emission Limitations › ARTICLE 3 - Agricultural Burning › Section 41861.

41861. No burning shall be conducted for the improvement of land for wildlife or game habitat until the person desiring to conduct such burning obtains from the Department of Fish and Game a written statement certifying that the burning is desirable and proper for the improvement of land for wildlife or game habitat and such statement is filed with the air pollution control officer having jurisdiction in the area in which the burning is to take place. As to burning conducted by the Department of Fish and Game, the department shall, on its own behalf, issue and file such statements.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 3 - Emission Limitations › ARTICLE 3 - Agricultural Burning › Section 41862.

41862. A district may issue a permit to authorize agricultural burning on days designated by the state board pursuant to Section 41855 as nonburning days when denial of such a permit would threaten imminent and substantial economic loss.
The state board shall require the districts to transmit regular reports of permits issued authorizing agricultural burning on nonburning days. The report shall include the number of such permits issued, the date of issuance of each permit, the person to whom each permit was issued, and any other information requested by the state board.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 3 - Emission Limitations › ARTICLE 3 - Agricultural Burning › Section 41863.

41863. Each basinwide coordinating council and district shall, as part of the implementation plans and programs prepared pursuant to Chapter 2 (commencing with Section 41600), include a component for the regulation and control of agricultural burning pursuant to guidelines adopted by the state board therefor.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 3 - Emission Limitations › ARTICLE 3 - Agricultural Burning › Section 41864.

41864. The provisions of this article shall not supersede any rule or regulation of any district, which rule or regulation was in effect for five or more years prior to September 19, 1970.
(Added by Stats. 1976, Ch. 1063.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 3 - Emission Limitations › ARTICLE 3 - Agricultural Burning › Section 41865.5.

41865.5. Notwithstanding Section 7550.5 of the Government Code, on or before January 1, 2001, the State Air Resources Board, in consultation with the Department of Food and Agriculture, and in cooperation with the State Energy Resources Conservation and Development Commission and the California Integrated Waste Management Board, shall prepare and submit to the Legislature recommendations for ensuring consistency and predictability in the supply of rice straw for cost-effective uses, including, but not limited to, recommendations for methods of harvesting, storing, and distributing rice straw for off-field uses. Off-field uses may include, but are not limited to, the production of energy and fuels, construction materials, pulp and paper, and livestock feed.
(Added by Stats. 1999, Ch. 640, Sec. 1. Effective January 1, 2000.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 3 - Emission Limitations › ARTICLE 3 - Agricultural Burning › Section 41866.

41866. The Sacramento Valley Basinwide Air Pollution Control Council may impose, and may require that districts within the Sacramento Valley Air Basin collect, a fee not to exceed five dollars ($5) per permit, per year on each permit issued by a district within the Sacramento Valley Air Basin, for the purpose of administering all basinwide air pollution control efforts, and may adopt a budget to expend those funds at any noticed regularly scheduled meeting, allowing for public comment.
(Amended by Stats. 1995, Ch. 529, Sec. 17. Effective October 4, 1995.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 3 - Emission Limitations › ARTICLE 4 - Sandblasting › Section 41901.

41901. The committee shall include nine members appointed by the chairman of the state board as follows: three contractors licensed pursuant to Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code for sandblasting services, three members from public entities which contract for such services, and three members from district boards. The committee shall also include two public members, one of whom shall be appointed by the Senate Rules Committee and one by the Speaker of the Assembly.
The committee shall select a chairman from its membership, and he shall serve at the pleasure of the committee.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 3 - Emission Limitations › ARTICLE 4 - Sandblasting › Section 41902.

41902. In developing the standards, the committee shall take into consideration the need to reduce air pollution from all sources and the need to also continue sandblasting operations as a means of corrosion control. The committee shall examine present sandblasting procedures and equipment, and determine where improvements can be made so that the standards reflect the strictest standards that can be reasonably achieved.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 3 - Emission Limitations › ARTICLE 4 - Sandblasting › Section 41903.

41903. Thirty days after the adoption of air pollution standards for sandblasting operations, the committee shall adjourn. Thereafter, it may meet at least once annually upon the call of the chairman of the committee to review the standards in light of changes in sandblasting technology.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 3 - Emission Limitations › ARTICLE 4 - Sandblasting › Section 41904.

41904. The standards shall be statewide, and no rule or regulation of any district that is applicable to sandblasting operations shall be stricter or less strict than the standards adopted by the state board pursuant to the recommendations of the committee.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 3 - Emission Limitations › ARTICLE 4 - Sandblasting › Section 41905.

41905. The standards, however, shall not supersede any rule or regulation of any district governing permanent sandblasting operations or equipment, which rule or regulation was in effect on January 1, 1974.
For purposes of this section, “permanent sandblasting operations or equipment” means sandblasting operations conducted, or sandblasting equipment located, in a building which is used, in whole or in part, for sandblasting operations.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 3 - Emission Limitations › ARTICLE 5 - Gasoline Vapor Control › Section 41950.

41950. (a)  Except as provided in subdivisions (b) and (e), no person shall install or maintain any stationary gasoline tank with a capacity of 250 gallons or more which is not equipped for loading through a permanent submerged fill pipe, unless such tank is a pressure tank as described in Section 41951, or is equipped with a vapor recovery system as described in Section 41952 or with a floating roof as described in Section 41953, or unless such tank is equipped with other apparatus of equal efficiency which has been approved by the air pollution control officer in whose district the tank is located.
(b)  Subdivision (a) shall not apply to any stationary tanks installed prior to December 31, 1970.
(c)  For the purpose of this section, “gasoline” means any petroleum distillate having a Reid vapor pressure of four pounds or greater.
(d)  For the purpose of this section, “submerged fill pipe” means any fill pipe which has its discharge opening entirely submerged when the liquid level is six inches above the bottom of the tank. “Submerged fill pipe,” when applied to a tank which is loaded from the side, means any fill pipe which has its discharge opening entirely submerged when the liquid level is 18 inches above the bottom of the tank.
(e)  Subdivision (a) shall not apply to any stationary tank which is used primarily for the fueling of implements of husbandry.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 3 - Emission Limitations › ARTICLE 5 - Gasoline Vapor Control › Section 41951.

41951. A “pressure tank” is a tank which maintains working pressure sufficient at all times to prevent hydrocarbon vapor or gas loss to the atmosphere.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 3 - Emission Limitations › ARTICLE 5 - Gasoline Vapor Control › Section 41952.

41952. A “vapor recovery system” consists of a vapor gathering system capable of collecting the hydrocarbon vapors and gases discharged and a vapor disposal system capable of processing such hydrocarbon vapors and gases so as to prevent their emission into the atmosphere, with all tank gauging and sampling devices gastight except when gauging or sampling is taking place.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 3 - Emission Limitations › ARTICLE 5 - Gasoline Vapor Control › Section 41953.

41953. A “floating roof” consists of a pontoon-type or double-deck-type roof, resting on the surface of the liquid contents and equipped with a closure seal, or seals, to close the space between the roof edge and tank wall. The control equipment required by this section shall not be used if the gasoline or petroleum distillate has a vapor pressure of 11.0 pounds per square inch absolute or greater under actual storage conditions. All tank gauging and sampling devices shall be gastight except when gauging or sampling is taking place.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 3 - Emission Limitations › ARTICLE 5 - Gasoline Vapor Control › Section 41955.

41955. Prior to state board certification of a gasoline vapor control system pursuant to Section 41954, the manufacturer of the system shall submit the system to, or, if appropriate, the components of the system as requested by, the Division of Measurement Standards of the Department of Food and Agriculture and the State Fire Marshal for their certification.
(Added by Stats. 1976, Ch. 1030.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 3 - Emission Limitations › ARTICLE 5 - Gasoline Vapor Control › Section 41956.

41956. (a)  As soon as possible after the effective date of this section, the State Fire Marshal and the Division of Measurement Standards, after consulting with the state board, shall adopt rules and regulations for the certification of gasoline vapor control systems and components thereof.
(b)  The State Fire Marshal shall be the only agency responsible for determining whether any component or system creates a fire hazard. The division shall be the only agency responsible for the measurement accuracy aspects, including gasoline recirculation of any component or system.
(c)  Within 120 days after the effective date of this subdivision, the Division of Measurement Standards, shall, after public hearing, adopt rules and regulations containing additional performance standards and standardized certification and compliance test procedures which are reasonable and necessary to prevent gasoline recirculation in systems for the control of gasoline vapors resulting from motor vehicle fueling operations.
(Amended by Stats. 1981, Ch. 902.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 3 - Emission Limitations › ARTICLE 5 - Gasoline Vapor Control › Section 41956.1.

41956.1. (a)  Whenever the state board, the Division of Measurement Standards of the Department of Food and Agriculture, or the State Fire Marshal revises performance or certification standards or revokes a certification, any systems or any system components certified under procedures in effect prior to the adoption of revised standards or the revocation of the certification and installed prior to the effective date of the revised standards or revocation may continue to be used in gasoline marketing operations for a period of four years after the effective date of the revised standards or the revocation of the certification. However, all necessary repair or replacement parts or components shall be certified.
(b)  Notwithstanding subdivision (a), whenever the State Fire Marshal determines that a system or a system component creates a hazard to public health and welfare, the State Fire Marshal may prevent use of the particular system or component.
(c)  Notwithstanding subdivision (a), the Division of Measurement Standards may prohibit the use of any system or any system component if it determines on the basis of test procedures adopted pursuant to subdivision (c) of Section 41956, that use of the system or component will result in gasoline recirculation.
(Amended by Stats. 1996, Ch. 426, Sec. 2. Effective January 1, 1997.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 3 - Emission Limitations › ARTICLE 5 - Gasoline Vapor Control › Section 41957.

41957. The Division of Occupational Safety and Health of the Department of Industrial Relations is the only agency responsible for determining whether any gasoline vapor control system, or component thereof, creates a safety hazard other than a fire hazard.
If the division determines that a system, or component thereof, creates a safety hazard other than a fire hazard, that system or component may not be used until the division has certified that the system or component, as the case may be, does not create that hazard.
The division, in consultation with the state board, shall adopt the necessary rules and regulations for the certification if the certification is required.
(Amended by Stats. 1981, Ch. 714.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 3 - Emission Limitations › ARTICLE 5 - Gasoline Vapor Control › Section 41958.

41958. To the maximum extent practicable, the rules and regulations adopted pursuant to Sections 41956 and 41957 shall allow flexibility in the design of gasoline vapor control systems and their components. The rules and regulations shall set forth the performance standards as to safety and measurement accuracy and the minimum procedures to be followed in testing the system or component for compliance with the performance standards.
The State Fire Marshal, the Division of Occupational Safety and Health, and the Division of Measurement Standards shall certify any system or component which complies with their adopted rules and regulations. Any one of the state agencies may certify a system or component on the basis of results of tests performed by any entity retained by the manufacturer of the system or component or by the state agency. The requirements for the certification of a system or component shall not require that it be tested, approved, or listed by any private entity, except that certification testing regarding recirculation of gasoline shall include testing by an independent testing laboratory.
(Amended by Stats. 1982, Ch. 466, Sec. 72.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 3 - Emission Limitations › ARTICLE 5 - Gasoline Vapor Control › Section 41959.

41959. Certification testing of gasoline vapor control systems and their components by the state board, the State Fire Marshal, the Division of Measurement Standards, and the Division of Occupational Safety and Health may be conducted simultaneously.
(Amended by Stats. 1981, Ch. 714.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 3 - Emission Limitations › ARTICLE 5 - Gasoline Vapor Control › Section 41960.

41960. (a)  Certification of a gasoline vapor recovery system for safety and measurement accuracy by the State Fire Marshal and the Division of Measurement Standards and, if necessary, by the Division of Occupational Safety and Health shall permit its installation wherever required in the state, if the system is also certified by the state board.
(b)  Except as otherwise provided in subdivision (g) of Section 41954, no local or regional authority shall prohibit the installation of a certified system without obtaining concurrence from the state agency responsible for the aspects of the system which the local or regional authority disapproves.
(Amended by Stats. 1996, Ch. 426, Sec. 3. Effective January 1, 1997.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 3 - Emission Limitations › ARTICLE 5 - Gasoline Vapor Control › Section 41960.1.

41960.1. (a)  All vapor control systems for the control of gasoline vapors resulting from motor vehicle fueling operations shall be operated in accordance with the applicable standards established by the State Fire Marshal or the Division of Measurement Standards pursuant to Sections 41956 to 41958, inclusive.
(b)  When a sealer or any authorized employee of the Division of Measurement Standards determines, on the basis of applicable test procedures of the division, adopted after public hearing, that an individual system or component for the control of gasoline vapors resulting from motor vehicle fueling operations does not meet the applicable standards established by the Division of Measurement Standards, he or she shall take the appropriate action specified in Section 12506 of the Business and Professions Code.
(c)  When a deputy State Fire Marshal or any authorized employee of a fire district or local or regional firefighting agency determines that a component of a system for the control of gasoline vapors resulting from motor vehicle fueling operations does not meet the applicable standards established by the State Fire Marshal, he or she shall mark the component “out of order.” No person shall use or permit the use of the component until the component has been repaired, replaced, or adjusted, as necessary, and either the component has been inspected by a representative of the agency employing the person originally marking the component, or the person using or permitting use of the component has been expressly authorized by the agency to use the component pending reinspection.
(Added by Stats. 1981, Ch. 902.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 3 - Emission Limitations › ARTICLE 5 - Gasoline Vapor Control › Section 41960.2.

41960.2. (a)  All installed systems for the control of gasoline vapors resulting from motor vehicle fueling operations shall be maintained in good working order in accordance with the manufacturer’s specifications of the system certified pursuant to Section 41954.
(b)  Whenever a gasoline vapor recovery control system is repaired or rebuilt by someone other than the original manufacturer or its authorized representative, the person shall permanently affix a plate to the vapor recovery control system that identifies the repairer or rebuilder and specifies that only certified equipment was used. In addition, a rebuilder of a vapor control system shall remove any identification of the original manufacturer if the removal does not affect the continued safety or performance of the vapor control system.
(c)  (1)  The executive officer of the state board shall identify and list equipment defects in systems for the control of gasoline vapors resulting from motor vehicle fueling operations that substantially impair the effectiveness of the systems in reducing air contaminants. The defects shall be identified and listed for each certified system and shall be specified in the applicable certification documents for each system.
(2)  On or before January 1, 2001, and at least once every three years thereafter, the list required to be prepared pursuant to paragraph (1) shall be reviewed by the executive officer at a public workshop to determine whether the list requires an update to reflect changes in equipment technology or performance.
(3)  Notwithstanding the timeframes for the executive officer’s review of the list, as specified in paragraph (2), the executive officer may initiate a public review of the list upon a written request that demonstrates, to the satisfaction of the executive officer, the need for such a review. If the executive officer determines that an update is required, the update shall be completed no later than 12 months after the date of the determination.
(d)  When a district determines that a component contains a defect specified pursuant to subdivision (c), the district shall mark the component “Out of Order.” No person shall use or permit the use of the component until the component has been repaired, replaced, or adjusted, as necessary, and the district has reinspected the component or has authorized use of the component pending reinspection.
(e)  Where a district determines that a component is not in good working order but does not contain a defect specified pursuant to subdivision (c), the district shall provide the operator with a notice specifying the basis on which the component is not in good working order. If, within seven days, the operator provides the district with adequate evidence that the component is in good working order, the operator shall not be subject to liability under this division.
(Amended by Stats. 1999, Ch. 501, Sec. 1. Effective January 1, 2000.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 3 - Emission Limitations › ARTICLE 5 - Gasoline Vapor Control › Section 41960.3.

41960.3. (a)  Each district which requires the installation of systems for the control of gasoline vapors resulting from motor vehicle fueling operations shall establish a toll free telephone number for use by the public in reporting problems experienced with the systems. Districts within an air basin or adjacent air basin may enter into a cooperative program to implement this requirement. All complaints received by a district shall be recorded on a standardized form which shall be established by the state board, in consultation with districts, the State Fire Marshal, and the Division of Measurement Standards in the Department of Food and Agriculture.
The operating instructions required by Section 41960.4 shall be posted at all service stations at which systems for the control of gasoline vapors resulting from motor vehicle fueling operations are installed and shall include a prominent display of the toll free telephone number for complaints in the district in which the station is located.
(b)  Upon receipt of each complaint, the district shall diligently either investigate the complaint or refer the complaint for investigation by the state or local agency which properly has jurisdiction over the primary subject of the complaint. When the investigation has been completed, the investigating agency shall take such remedial action as is appropriate and shall advise the complainant of the findings and disposition of the investigation. A copy of the complaint and response to the complaint shall be forwarded to the state board.
(Amended by Stats. 1986, Ch. 194, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 3 - Emission Limitations › ARTICLE 5 - Gasoline Vapor Control › Section 41960.4.

41960.4. The operator of each service station utilizing a system for the control of gasoline vapors resulting from motor vehicle fueling operations shall conspicuously post operating instructions for the system in the gasoline dispensing area. The instructions shall clearly describe how to fuel vehicles correctly with vapor recovery nozzles utilized at the station and shall include a warning that repeated attempts to continue dispensing, after the system having indicated that the vehicle fuel tank is full, may result in spillage or recirculation of gasoline.
(Added by Stats. 1981, Ch. 902.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 4 - NONVEHICULAR AIR POLLUTION CONTROL › CHAPTER 3 - Emission Limitations › ARTICLE 5 - Gasoline Vapor Control › Section 41960.5.

41960.5. (a)  No retailer, as defined in Section 20999 of the Business and Professions Code, shall allow the operation of any gasoline pump from which leaded gasoline is dispensed, or which is labeled as providing leaded gasoline, unless the pump is equipped with a nozzle spout meeting the required specifications for leaded gasoline nozzle spouts set forth in Title 40, Code of Federal Regulations, Section 80.22(f)(1).
(b)  For the purpose of this section, “leaded gasoline” means gasoline which is produced with the use of any lead additive or which contains more than 0.05 gram of lead per gallon or more than 0.005 gram of phosphorus per gallon.
(Added by Stats. 1987, Ch. 592, Sec. 2.)