reglab/statecodes huggingface dataset:
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 5 - Emission Data, Sampling, and Credentials for Entry › Article 2 - Source Testing › Section 91202 - Additional Testing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Where test results indicate that a source is in compliance with permit
					 conditions or with any State or local law, order, rule or regulation relating
					 to air pollution, the responsible party shall be assessed the applicable fees
					 in Section
					 91201 only once per each 12-month
					 period. This limitation shall not restrict the State Board from conducting
					 additional testing at its own expense. The Executive Officer may assess fees
					 for multiple testing, or for multiple samples, where the same is necessary to
					 determine compliance.
(b) If the
					 test results indicate that the specific source tested is not in compliance with
					 permit conditions or with any State or local law, order, rule, or regulation
					 relating to air pollution, the Executive Officer may require such additional
					 source tests as may be necessary and may also exclude use of an independent
					 tester for such additional tests. In such event, the responsible party shall
					 pay for each additional test in accordance with the schedule of fees set forth
					 in Section
					 91201 until compliance is achieved
					 and confirmed.
Note: Authority cited: Sections
						  39600,
						  39601
						  and
						  41512,
						  Health and Safety Code. Reference: Sections
						  41510,
						  41511
						  and
						  41512,
						  Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 5 - Emission Data, Sampling, and Credentials for Entry › Article 2 - Source Testing › Section 91203 - Fee Payment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 After completion of testing conducted by the State Board directly or by a
					 contractor to the State Board, the responsible party shall be notified by the
					 Accounting Office of the State Board, in writing, of the fees to be paid for
					 such tests and of preliminary results. The failure to pay any such fee within
					 30 days of the receipt of the notice shall constitute grounds for the
					 revocation or suspension of the permit to operate the equipment tested. The
					 Executive Officer may request the district air pollution control officer to
					 revoke or suspend any permit until the required fees are paid, in accordance
					 with Health and Safety Code Sections
					 42304-
					 42309.
(b) The responsible party shall be entitled
					 to receive a copy of the source test results, if the testing was conducted by
					 the State Board or an independent contractor to the State Board, as soon as
					 such test results have been verified and finalized.
Note: Authority cited: Sections
						  39600,
						  39601
						  and
						  41512,
						  Health and Safety Code. Reference: Sections
						  41510,
						  41511
						  and
						  41512,
						  Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 5 - Emission Data, Sampling, and Credentials for Entry › Article 2 - Source Testing › Section 91204 - Financial Hardship Exemption

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The responsible party may petition the
					 Executive Officer, no later than 30 days after receipt of the fee notice
					 described in Section
					 91203, to be excused from payment
					 of fees, or a portion of such fees, on the grounds that payment of such fees
					 would cause a demonstrable financial hardship.
(b) For the purposes of this Section, a
					 demonstrable financial hardship shall consist of such evidence as is capable of
					 demonstrating that full payment will prevent the responsible party from meeting
					 other financial obligations as they come due, or will cause the taking of
					 property or the practical closing and eliminating of a lawful
					 business.
(c) Based on the evidence
					 provided, the Executive Officer may exempt the responsible party from payment
					 of all or a portion of the fees otherwise required under Section
					 91203.
Note: Authority cited: Sections
						  39600,
						  39601
						  and
						  41512,
						  Health and Safety Code. Reference: Sections
						  41510,
						  41511
						  and
						  41512,
						  Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 5 - Emission Data, Sampling, and Credentials for Entry › Article 2 - Source Testing › Section 91205 - Small Business

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
					 small business shall not be required to pay any fees otherwise applicable under
					 Section 91201. A "small business," for the
					 purposes of this section, shall be as defined in subsection (1), Section
					 1896, Title 2 of the California
					 Administrative Code.
(b) Any
					 responsible party who desires to establish eligibility for non-payment of fees
					 pursuant to subsection (a) shall do so by filing a written statement, under
					 penalty of perjury, that the business is a small business, as
					 defined.
Note: Authority cited: Sections
						  39600,
						  39601
						  and
						  41512,
						  Health and Safety Code. Reference: Sections
						  41510,
						  41511
						  and
						  41512,
						  Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 5 - Emission Data, Sampling, and Credentials for Entry › Article 2 - Source Testing › Section 91206 - Request for Independent Tester

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) By August 1, 1981, or by June 1 of any
					 year thereafter, any responsible party who seeks to have compliance testing
					 performed by an independent tester for the following fiscal year shall inform
					 the Executive Officer in writing of this desire. If no such request is made,
					 then compliance testing for the fiscal year may be conducted by the Executive
					 Officer or by an independent contractor to the State Board.
(b) All requests for an independent tester
					 shall include the name(s) of the independent testers, the type of source or
					 sources to be tested, the type of test or tests to be performed, and a
					 statement by the responsible party that it will comply with the requirements of
					 Sections 91208-91212 of this subchapter and
					 that the designated independent tester has agreed to perform any necessary
					 source testing.
(c) Independent
					 testers shall in all cases be subject to approval by the Executive
					 Officer.
(d) At any time a
					 responsible party which has previously designated an approved independent
					 tester pursuant to subsection (a) of this section may apply for the
					 substitution, addition or removal of a designation of an independent tester. No
					 such change shall be effective for at least 60 days following the
					 application.
(e) The Executive
					 Officer may compliance test any source and charge a fee to the responsible
					 party for the cost of such test, notwithstanding a request for an independent
					 tester, if any of the following conditions prevail:
(1) The responsible party has not designated
					 an independent tester to the Executive Officer by August 1, 1981 or by June 1
					 for any year thereafter.
(2) The
					 Executive Officer has found the designated independent tester(s)
					 non-approvable.
(3) The designated
					 independent tester has not timely submitted information requested by the
					 Executive Officer pursuant to Section
					 91207(a).
(4) A violation has been found by the most
					 recent source test conducted within a year prior to the proposed current source
					 test; provided, however, that such restriction shall only apply for the
					 specific source found in violation.
(5) The Executive Officer has determined that
					 other good cause exists to deny the request.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 5 - Emission Data, Sampling, and Credentials for Entry › Article 2 - Source Testing › Section 91207 - Approval of Independent Testers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Independent testers may be approved for
					 performing any of the tests listed in Section
					 91201 of this subchapter or such
					 other tests as deemed appropriate by the Executive Officer to determine
					 compliance of a source with applicable laws and rules. Such approval can be
					 accomplished by a potential tester's writing the Executive Officer and
					 specifying the test(s) for which approval is sought. The potential tester shall
					 then provide any necessary data requested by the Executive Officer which can
					 substantiate the potential tester's qualifications for performing the noted
					 test(s).
(b) Approval of an
					 independent tester may be withdrawn at any time if the approved tester fails to
					 comply with the requirements specified in Sections
					 91215-91218 of this subchapter or
					 fails to provide the type and quality of data required by the Executive
					 Officer.
(c) Upon disapproval or
					 withdrawal of approval of an independent tester, the Executive Officer shall
					 send by certified mail a written statement of the reasons for such action to
					 the independent tester, and to any responsible party requesting or using such
					 tester.
(d) An independent tester
					 may request reconsideration of the decision of the Executive Officer to
					 disapprove or withdraw approval of such tester. The request must be received by
					 the Executive Officer within 30 days after mailing the written statement
					 described in subsection (c), and shall contain all evidence the independent
					 tester asserts justifies reconsideration. The Executive Officer may rescind the
					 disapproval or withdrawal if he or she determines that the independent tester
					 satisfies the applicable requirements of this subchapter. A written statement
					 of the reasons for the Executive Officer's decision shall be transmitted in
					 accordance with subsection (c) of this section.
Note: Authority cited: Sections
						  39600,
						  39601
						  and
						  41512,
						  Health and Safety Code. Reference: Sections
						  41510,
						  41511
						  and
						  41512,
						  Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 5 - Emission Data, Sampling, and Credentials for Entry › Article 2 - Source Testing › Section 91208 - Conflict of Interest

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
					 independent tester shall not be allowed to conduct a compliance source test
					 pursuant to this subchapter if:
(1) It is
					 owned in whole or in part by the responsible party of the source; or
(2) In the 12 months preceding the test, the
					 independent tester has received gross income from the responsible party, other
					 than as a result of source test contracts entered into pursuant to this
					 subchapter, in excess of $100,000, or in excess of ten percent of the
					 independent tester's gross annualized revenues; provided that for the purpose
					 of this subsection, "independent tester" and "responsible party" shall include
					 any entity under common ownership with such tester or party; or
(3) The independent tester manufactured or
					 installed any emission control device or monitor utilized in connection with
					 the specific source to be tested.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 5 - Emission Data, Sampling, and Credentials for Entry › Article 2 - Source Testing › Section 91209 - Pretest Inspection Right of Entry

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The responsible party which has requested testing by an
						independent tester must allow entry to both authorized representatives of the
						independent tester and authorized representatives of the Executive Officer for
						the purpose of conducting a pretest inspection.
Note: Authority cited: Sections
						  39600,
						  39601
						  and
						  41512,
						  Health and Safety Code. Reference: Sections
						  41510,
						  41511
						  and
						  41512,
						  Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 5 - Emission Data, Sampling, and Credentials for Entry › Article 2 - Source Testing › Section 91210 - Right of Entry During Independent Testing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When a responsible party requests to be tested by an
						independent tester, the responsible party shall grant entry to the actual test
						site, without prior notice, to both the tester's authorized personnel and the
						Executive Officer's authorized personnel.
Note: Authority cited: Sections
						  39600,
						  39601
						  and
						  41512,
						  Health and Safety Code. Reference: Sections
						  41510,
						  41511
						  and
						  41512,
						  Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 5 - Emission Data, Sampling, and Credentials for Entry › Article 2 - Source Testing › Section 91211 - Oversight

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All testing requested by the Executive Officer and
						conducted by an independent tester may be observed by an authorized
						representative of the Executive Officer.
Note: Authority cited: Sections
						  39600,
						  39601
						  and
						  41512,
						  Health and Safety Code. Reference: Sections
						  41510,
						  41511
						  and
						  41512,
						  Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 5 - Emission Data, Sampling, and Credentials for Entry › Article 2 - Source Testing › Section 91212 - Audit Testing of Independent Testers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Without prior notice the responsible party must allow
						personnel and equipment authorized by the Executive Officer entry for the
						purpose of testing the capability of the independent tester during the
						performance of a test.
Note: Authority cited: Sections
						  39600,
						  39601
						  and
						  41512,
						  Health and Safety Code. Reference: Sections
						  41510,
						  41511
						  and
						  41512,
						  Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 5 - Emission Data, Sampling, and Credentials for Entry › Article 2 - Source Testing › Section 91213 - Availability of Independent Tester

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The responsible party must notify the designated
						independent tester that he or she may be called upon to perform testing with at
						least 24 hours advance notice from the Executive Officer. If the tester cannot
						respond within the required time, then the Executive Officer may conduct the
						required testing. In such cases the responsible party will be charged for the
						testing in accordance with Section
						91201, Title 17, California
						Administrative Code.
Note: Authority cited: Sections
						  39600,
						  39601
						  and
						  41512,
						  Health and Safety Code. Reference: Sections
						  41510,
						  41511
						  and
						  41512,
						  Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 5 - Emission Data, Sampling, and Credentials for Entry › Article 2 - Source Testing › Section 91214 - Fee and Payment for Testing by Independent Testers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Fees and payment for testing conducted by independent
						testers shall be arranged by agreement between the independent tester and the
						responsible party. In no case will the State Board be responsible for
						collection of fees for any independent tester.
Note: Authority cited: Sections
						  39600,
						  39601
						  and
						  41512,
						  Health and Safety Code. Reference: Sections
						  41510,
						  41511
						  and
						  41512,
						  Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 5 - Emission Data, Sampling, and Credentials for Entry › Article 2 - Source Testing › Section 91215 - Confidentiality of Test Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Without prior approval of the Executive Officer, the
						independent tester shall not disclose to the responsible party or the
						responsible party's personnel in advance of the test the dates, locations, or
						times of testing. The independent tester shall not disclose to the responsible
						party the results of the test prior to disclosure to the Air Resources Board.
						Failure to keep such information confidential for such a period may result in
						indefinite disqualification of the tester.
Note: Authority cited: Sections
						  39600,
						  39601
						  and
						  41512,
						  Health and Safety Code. Reference: Sections
						  41510,
						  41511
						  and
						  41512,
						  Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 5 - Emission Data, Sampling, and Credentials for Entry › Article 2 - Source Testing › Section 91216 - Records and Reports

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All original records made during testing requested by the
						State Board shall become the property of the State Board. All or part of such
						records may be requested by the Executive Officer at any time during or after
						the test period. All original records and the report of results from the tester
						should be provided to the Executive Officer no later than 30 days after the
						testing is complete. Failure to provide the required records or reports may
						result in disqualification of the tester for further testing required by the
						State Board.
Note: Authority cited: Sections
						  39600,
						  39601,
						  and
						  41512,
						  Health and Safety Code. Reference: Sections
						  41510,
						  41511
						  and
						  41512,
						  Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 5 - Emission Data, Sampling, and Credentials for Entry › Article 2 - Source Testing › Section 91217 - Conformity During Testing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An independent tester shall conform to reasonable
						requests made by the Executive Officer during the test period. Failure to
						conform as such may result in disqualification from testing as required by the
						State Board.
Note: Authority cited: Sections
						  39600,
						  39601,
						  and
						  41512,
						  Health and Safety Code. Reference: Sections
						  41510 41511 and 41512, Health and
						  Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 5 - Emission Data, Sampling, and Credentials for Entry › Article 2 - Source Testing › Section 91218 - Testimony

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When requested by the Executive Officer, the independent
						tester shall provide testimony in court or other prosecutional assistance
						related to violations discovered as a result of the independent tester's
						compliance source test. Charges of the independent tester to the State Board
						for such services shall not exceed the actual travel costs, the per diem rate
						for state employees applicable at the time of the services, and remuneration
						for personal services on an hourly basis not to exceed the hourly cost to the
						State of an employee of the State Board whose job functions are mostly closely
						equivalent to the functions of the representative of the independent tester
						rendering the personal services.
Note: Authority cited: Sections
						  39600,
						  39601
						  and
						  41512,
						  Health and Safety Code. Reference: Sections
						  41510,
						  41511
						  and
						  41512,
						  Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 5 - Emission Data, Sampling, and Credentials for Entry › Article 2 - Source Testing › Section 91219 - Validity of Independent Tester's Compliance Test Data

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Test data produced during compliance testing of a source
						by an independent tester will be reviewed by the Executive Officer to determine
						its validity. If such data is determined after consultation with the
						independent tester and the responsible party to be invalid, the Executive
						Officer may require a repeat compliance test of the source.
Note: Authority cited: Sections
						  39600,
						  39601
						  and
						  41512,
						  Health and Safety Code. Reference: Sections
						  41510,
						  41511
						  and
						  41512,
						  Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 5 - Emission Data, Sampling, and Credentials for Entry › Article 2 - Source Testing › Section 91220 - Unannounced Testing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When there is reasonable cause to believe that a
						violation has occurred, is occurring, or will occur, the Executive Officer may
						test directly without prior notice and without allowing such testing to be
						conducted by an independent tester.
Note: Authority cited: Sections
						  39600,
						  39601
						  and
						  41512,
						  Health and Safety Code. Reference: Sections
						  41510,
						  41511
						  and
						  41512,
						  Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 5.5 › Article 1 › Section 91400 - Equipment and Process Precertification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Executive Officer may precertify simple, commonly
						used equipment and processes in accordance with the Air Resources Board's
						"Criteria for Equipment and Process Precertification" which is incorporated by
						reference herein. (Adopted: June 14, 1996). The "Criteria for Equipment and
						Process Precertification" is available upon request from the Air Resources
						Board's Business Assistance Center, 2020 L Street, Sacramento, California,
						95814, telephone 1-800-ARB-HLP2. The Air Resources Board may also be contacted
						via its Internet home page at:
http://www.arb.ca.gov
.
1. New
						subchapter 5.5 (article 1), article 1 (section
						91400) and section filed 10-31-96;
						operative 11-30-96 (Register 96, No. 44).
Note: Authority cited: Sections
						  39600,
						  39601
						  and
						  39620,
						  Health and Safety Code. Reference: Sections
						  39000,
						  39001,
						  39002,
						  39003,
						  39010,
						  39500,
						  39515,
						  39516,
						  39620,
						  41511,
						  41512,
						  42322
						  and
						  57001,
						  Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 5.6 - Interchangeable Air Pollution Emission Reduction Credits › Article 1 - Scope and Policy; Definitions › Section 91500 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This regulation establishes a statewide methodology for
						use by air pollution control and air quality management districts (Districts)
						when calculating the value of emission reduction credits from stationary,
						mobile, or area sources. As such, this regulation (1) provides a uniform
						exchange mechanism for stationary, mobile, and area source credits; and (2)
						provides for the use of credits as a compliance alternative for meeting
						specified District control requirements. The regulation is intended to ensure
						that interchangeable credits represent verified emission reductions that are
						real, permanent, quantifiable, enforceable, and surplus to those emission
						reductions which are needed to comply with existing requirements and with
						District air quality plans.
1. New
						subchapter 5.6 (articles 1-3), article 1 (sections
						91500-91501) and section filed
						4-14-98; operative 4-14-98 pursuant to Government Code section
						11343.4(d)
						(Register 98, No. 16).
Note: Authority cited: Sections
						  39600,
						  39601
						  and
						  39607.5(a),
						  Health and Safety Code. Reference: Sections
						  39605,
						  39607.5(b),
						  40709-
						  40714.5
						  and
						  40920.6(c),
						  Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 5.6 - Interchangeable Air Pollution Emission Reduction Credits › Article 2 - Credit Exchange Function › Section 91502 - Certified Credits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
District certified credits that are generated pursuant to
						relevant district, state, and federal requirements and calculation protocols
						can be used interchangeably among programs and/or source categories to meet
						applicable district requirements to the extent provided by district
						rules.
1. New
						article 2 (sections
						91502-91504) and section filed
						4-14-98; operative 4-14-98 pursuant to Government Code section
						11343.4(d)
						(Register 98, No. 16).
Note: Authority cited: Sections
						  39600,
						  39601
						  and
						  39607.5(a),
						  Health and Safety Code. Reference: Sections
						  39607.5(b),
						  40709-
						  40714.5
						  and
						  40920.6(c),
						  Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 5.6 - Interchangeable Air Pollution Emission Reduction Credits › Article 2 - Credit Exchange Function › Section 91503 - Credit Denomination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Credits that are used interchangeably shall be certified
						and registered as pounds of pollutant in one year increments.
1. New
						section filed 4-14-98; operative 4-14-98 pursuant to Government Code section
						11343.4(d)
						(Register 98, No. 16).
Note: Authority cited: Sections
						  39600,
						  39601
						  and
						  39607.5(a),
						  Health and Safety Code. Reference: Sections
						  39607.5(b),
						  40709-
						  40714.5
						  and
						  40920.6(c),
						  Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 5.6 - Interchangeable Air Pollution Emission Reduction Credits › Article 2 - Credit Exchange Function › Section 91504 - Banking

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Interchangeable
					 credits shall comply with the requirements set forth in Health and Safety Code
					 sections
					 40709
					 through
					 40714.5,
					 and applicable federal requirements governing the creation, banking, and use of
					 credits. Emission reductions proposed to offset simultaneous emissions
					 increases within the same stationary source need not be banked prior to use as
					 offsets, pursuant to section
					 40709(c).
(b) The District shall specify the earliest
					 year in which an interchangeable credit can be used.
(c) An interchangeable credit cannot be used
					 prior to its certification and registration, or in any instances in which the
					 District determines such use would not comply with section
					 91506(d).
(d) Credits can be used interchangeably
					 within the time period specified by the District or ARB, consistent with the
					 air quality plan, applicable state and federal requirements and section
					 91507(b)(6).
(e) While banked, a certified and registered
					 credit will retain its full value. At the time of use, credits will be subject
					 to prevailing federal, state, and district requirements.
1. New
						section filed 4-14-98; operative 4-14-98 pursuant to Government Code section
						11343.4(d)
						(Register 98, No. 16).
Note: Authority cited: Sections
						  39600,
						  39601
						  and
						  39607.5(a),
						  Health and Safety Code. Reference: Sections
						  39607.5(b),
						  40709-
						  40714.5
						  and
						  40920.6(c),
						  Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 5.6 - Interchangeable Air Pollution Emission Reduction Credits › Article 3 - Criteria and Methodology for Generation and Use of Interchangeable Credits › Section 91505 - Applicability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The provisions
					 set forth in this subchapter shall apply to any District which adopts,
					 implements, or amends a rule or regulation which provides for the generation
					 and use of interchangeable credits from stationary, mobile, or area
					 sources.
(b) Districts with
					 existing interchangeable credit and trading rules and regulations shall make
					 amendments as necessary to comply with this regulation within nine months of
					 its effective date, unless the District can demonstrate to the satisfaction of
					 the Executive Officer that more time, not to exceed one year total, is
					 necessary.
(c) Districts with
					 market incentive programs authorized by Health and Safety Code sections
					 39616
					 and
					 40440.1
					 that propose to expand such programs to allow the use of interchangeable
					 credits shall ensure compliance with the criteria set forth in section
					 39616(c), and
					 this sub-chapter.
(d) Districts may
					 maintain a separate account of emission reduction credits for new source review
					 offset purposes consistent with sections
					 40709
					 et seq. and
					 40918
					 through
					 40920.5
					 of the Health and Safety Code without complying with the provisions of this
					 sub-chapter.
(e) Credits that are
					 used interchangeably must meet all applicable federal, state, and district
					 requirements, including but not limited to the provisions of this subchapter,
					 the adopted air quality plan, and those pertaining to the generation and use of
					 emission reduction credits.
1. New
						article 3 (sections
						91505-91508) and section filed
						4-14-98; operative 4-14-98 pursuant to Government Code section
						11343.4(d)
						(Register 98, No. 16).
Note: Authority cited: Sections
						  39600,
						  39601
						  and
						  39607.5(a),
						  Health and Safety Code. Reference: Sections
						  39607.5(b),
						  40709-
						  40714.5
						  and
						  40920.6(c),
						  Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 5.6 - Interchangeable Air Pollution Emission Reduction Credits › Article 3 - Criteria and Methodology for Generation and Use of Interchangeable Credits › Section 91507 - Calculation Methodology

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Interchangeable credits shall be calculated based on a District's adoption
					 calculation protocol. The calculation protocol shall include the elements
					 specified in subparagraph (b) and shall be consistent with the following
					 criteria:
(1) Emission reductions used to
					 generate interchangeable credits shall be real, permanent for the term of
					 credit generation, enforceable, surplus, and quantifiable.
(2) Emission reductions shall be calculated
					 using the most stringent of historic actual emissions, applicable requirements,
					 the District's air quality plan, the federally approved SIP, or, where
					 applicable, other more stringent levels as established in an implementing rule
					 or regulation.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 5.6 - Interchangeable Air Pollution Emission Reduction Credits › Article 3 - Criteria and Methodology for Generation and Use of Interchangeable Credits › Section 91508 - Program Reporting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Districts shall prepare an annual report on their interchangeable credit
					 trading programs that document the following:
(1) Quantity of interchangeable credits
					 generated and used, by pollutant;
(2) Extent to which emission reduction
					 credits were used, by rule and source category, to comply with Best Available
					 Retrofit Control Technology and how they were accounted for in the air quality
					 plan;
(3) Summary of changes made
					 affecting the calculation methodology elements defined in section
					 91507(b);
					 and,
(4) Actions taken to comply
					 with applicable credit generation and use requirements contained in section
					 91506.
(5) A finding as to whether use of
					 interchangeable credits complied with section
					 91506(d)
					 requirements.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 6 - Abrasive Blasting › Article 1 - General Provisions › Section 92100 - Scope and Policy

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
These standards in this subchapter are not intended to
						prohibit air pollution control districts from enforcing their permit
						regulations as they apply to abrasive blasting equipment.
1.
						Amendment of subsection (d) filed 3-14-75 as an emergency; effective upon
						filing (Register 75, No. 11).
2. Amendment filed 7-10-75 as
						procedural and organizational; effective upon filing (Register 75, No.
						28).
3. Amendment and new NOTE filed 3-18-77; effective thirtieth
						day thereafter (Register 77, No. 12).
4. Amendment filed 10-18-82;
						effective thirtieth day thereafter (Register 82, No.
						43).
Note: Authority cited: Sections
						  39600
						  and
						  39601,
						  Health and Safety Code. Reference: Sections
						  41900,
						  41902,
						  41904
						  and
						  41905,
						  Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 6 - Abrasive Blasting › Article 2 - Prohibitions › Section 92200 - Visible Emission Standards

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 No person shall, discharge into the atmosphere from any abrasive blasting which
					 is conducted outside a permanent building any air contaminant for a period or
					 periods aggregating more than three minutes in any one hour which is:
(1) As dark or darker in shade as that
					 designated as No. 2 on the Ringelmann Chart, as published by the United States
					 Bureau of Mines, or
(2) Of such
					 opacity as to obscure an observer's view to a degree equal to or greater than
					 does smoke described in subdivision (a)(1).
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 6 - Abrasive Blasting › Article 2 - Prohibitions › Section 92210 - Nuisance Prohibition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Compliance with all rules and regulations in this
						subchapter does not exempt any person from complying with Section
						41700
						of the Health and Safety Code, nor from complying with any state statutory or
						common law nuisance prohibition.
1.
						Amendment filed 3-11-76; effective thirtieth day thereafter (Register 76, No.
						11).
2. New NOTE filed 3-18-77; effective thirtieth day thereafter
						(Register 77, No. 12).
3. Amendment of NOTE filed 10-18-82;
						effective thirtieth day thereafter (Register 82, No.
						43).
Note: Authority cited: Sections
						  39600
						  and
						  39601,
						  Health and Safety Code. Reference: Sections
						  41900,
						  41902,
						  41904
						  and
						  41905,
						  Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 6 - Abrasive Blasting › Article 2 - Prohibitions › Section 92220 - Compliance with Performance Standards

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No person shall conduct any abrasive blasting operation
						without complying with the performance standards described in article
						4.
1. New
						section filed 5-1-91; operative 5-31-91 (Register 91, No.
						24).
Note: Authority cited: Sections
						  39600
						  and
						  39601,
						  Health and Safety Code. Reference: Sections
						  41900,
						  41902,
						  41904
						  and
						  41905,
						  Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 6 - Abrasive Blasting › Article 3 - Source Evaluation › Section 92400 - Visible Emission Evaluation Techniques

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Visible emission evaluation of abrasive blasting
						operations shall be conducted in accordance with the following
						provisions:
(a) Emissions shall be
					 read in opacities and recorded in percentages.
(b) The light source should be at the rear of
					 observer during daylight hours.
(c)
					 The light source should be behind the emission during hours of
					 darkness.
(d) Observer position
					 should be at approximately right angles to wind direction, and at a distance no
					 less than twice the height of the source but not more than one quarter of a
					 mile from the base of the source.
(e) Emissions from blasting which is
					 conducted outside a permanent building shall be read at a point in the
					 emissions which is
(1) twenty-five feet from
					 the source; or
(2) at the densest
					 point of the emission after a major portion of the spent abrasive has fallen
					 out, whichever is greater; provided, however, that emissions may be read from a
					 greater distance than either (1) or (2), if the observer reasonably determines
					 that the greater distance will not significantly affect the
					 reading.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 6 - Abrasive Blasting › Article 4 - Performance Standards › Section 92500 - General Provisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Except as provided in subdivision (b), all abrasive blasting operations shall
					 be conducted within a permanent building.
(b) An abrasive blasting operation conducted
					 under one or more of the following conditions is not required to be conducted
					 within a permanent building:
(1) Steel or
					 iron shot/grit is used exclusively;
(2) The item to be blasted exceeds 8 feet in
					 any dimensions; or
(3) The surface
					 being blasted is situated at its permanent location or not further away from
					 its permanent location than is necessary to allow the surface to be
					 blasted.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 6 - Abrasive Blasting › Article 4 - Performance Standards › Section 92510 - Pavement Marking

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Surface preparation for raised traffic delineating
						markers and pavement marking removal using abrasive blasting shall comply with
						at least one of the following performance standards:
(a) Wet abrasive blasting, hydroblasting, or
					 vacuum blasting shall be used;
(b)
					 Dry abrasive blasting for removal or surface preparation for immediate
					 application of pavement markings of less than 1,000 square feet or for surface
					 preparation for raised traffic delineating markers shall use certified
					 abrasives.
1.
						Amendment filed 1-2-76; effective thirtieth day thereafter (Register 76, No.
						1).
2. Amendment of NOTE filed 10-18-82; effective thirtieth day
						thereafter (Register 82, No. 43).
3. Amendment of subsection (b)
						filed 5-1-91; operative 5-31-91 (Register 91, No.
						24).
Note: Authority cited: Sections
						  39600
						  and
						  39601,
						  Health and Safety Code. Reference: Sections
						  41900,
						  41902,
						  41904
						  and
						  41905,
						  Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 6 - Abrasive Blasting › Article 4 - Performance Standards › Section 92520 - Stucco and Concrete

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Abrasive blasting of stucco and concrete shall be
						performed by wet blasting, hydroblasting, or vacuum blasting with the following
						exceptions:
Dry blasting with a certified abrasive may be used
						for:
(a) Window and door returns and
					 frames;
(b) Eaves, overhangs and
					 ceilings;
(c) Sweep abrasive
					 blasting except for stucco surfaces;
(d) Completely shrouded structures and blast
					 areas that effectively control emissions;
(e) Abrasive cleaning operations other than
					 aggregate exposure or paint removal related to new concrete construction or
					 repair activity if such operations are performed onsite.
1.
						Amendment filed 1-2-76; effective thirtieth day thereafter (Register 76, No.
						1).
2. Amendment filed 3-11-76; effective thirtieth day thereafter
						(Register 76, No. 11).
3. Amendment of NOTE filed 10-18-82;
						effective thirtieth day thereafter (Register 82, No. 43).
4.
						Amendment filed 8-30-84; effective thirtieth day thereafter (Register 84, No.
						35).
5. Repealer and former section
						92520 and renumbering and
						amendment of former section
						92540 to section
						92520 filed 5-1-91; operative
						5-31-91 (Register 91, No. 24).
Note: Authority cited: Sections
						  39600
						  and
						  39601,
						  Health and Safety Code. Reference: Sections
						  41900,
						  41902,
						  41904,
						  and
						  41905,
						  Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 6 - Abrasive Blasting › Article 4 - Performance Standards › Section 92530 - Certified Abrasives

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The ARB shall certify abrasives which comply with the performance standards set
					 forth in subdivision (b) below. Any person who desires certification of an
					 abrasive shall furnish to the ARB an adequate test sample, together with fees
					 to defray the cost of testing. Each certification of an abrasive shall include
					 the ARB's determination of the original cut-point for fineness of the abrasive.
					 The ARB shall maintain an up-to-date list of certified abrasives. Certification
					 shall not be effective for more than two years. Abrasive materials which are
					 certified on the effective date of this section shall remain certified until
					 September 1, 1992.
(b) Performance
					 Standards.
(1)
(A) Before blasting the abrasive shall not
					 contain more than one percent by weight material passing a #70 U.S. Standard
					 sieve when tested in accordance with "Method of Test for Abrasive Media
					 Evaluation," Test Method No. California 371-A, dated May 15, 1975.
(B) If the abrasive does not meet the
					 requirements of subdivision (b)(1)(A), the person who desires certification of
					 the abrasive may as an alternative demonstrate within the State of California
					 to the satisfaction of the ARB that the abrasive meets a 20 percent opacity
					 emission limit when tested in accordance with the "Visible Emission Evaluation
					 Test Method for Selected Abrasives listed in Permissible Dry Outdoor Blasting,"
					 as adopted by the ARB on April 1, 1991, and incorporated herein by reference.
					 The person who desires certification of the abrasive shall be solely
					 responsible for conducting the demonstration.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 6 - Abrasive Blasting › Article 4 - Performance Standards › Section 92540 - Stucco and Concrete

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 8-30-84; effective thirtieth day thereafter (Register 84, No.
						35).
2. Renumbering and amendment of former section
						92540 to section
						92520 filed 5-1-91; operative
						5-31-91 (Register 91, No. 24).
Note: Authority cited: Sections
						  39600
						  and
						  39601,
						  Health and Safety Code. Reference: Sections
						  41900,
						  41902,
						  41904
						  and
						  41905,
						  Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 7.5 - Airborne Toxic Control Measures › Section 93100 - Nonvehicular Airborne Toxic Control Measures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The nonvehicular airborne toxic control measures contained
					 in this subchapter have been adopted by the state board and shall be
					 implemented by adoption of regulations by local air pollution control and air
					 quality management districts pursuant to Health and Safety Code Section
					 39666.
1. New
					 section filed 6-16-88; operative 7-16-88 (Register 88, No.
					 26).
Note: Authority cited: Sections
						39600,
						39601,
						39650
						and
						39666,
						Health and Safety Code. Reference: Sections
						39650
						and
						39666,
						Health and Safety Code.