California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 7.7 - Regulation for the Reporting of Criteria Air Pollutants and Toxic Air Contaminants › Article 1 - General Requirements for Criteria and Toxics Reporting › Section 93410 - Implementation by Carb and by the Local Air Districts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The requirements of this article are
					 provisions of state law and may be enforced by either CARB or the local air
					 districts where facilities covered by this article are located. Local air
					 districts may incorporate the terms of this article into local air district
					 rules and/or permits. Any penalties secured by a local air district as the
					 result of an enforcement action that it undertakes to enforce the provisions of
					 this article may be retained by the local air district.
(b) The Executive Officer may enter into an
					 agreement or agreements with any local air district to further define funding,
					 implementation and enforcement processes, including arrangements further
					 specifying approaches for implementation and enforcement of this article, and
					 for information sharing between CARB and local air districts relating to this
					 article.
(c) Implementation and
					 enforcement of the requirements of this article by a local air district may in
					 no instance result in a standard, requirement, or prohibition less stringent
					 than provided for by this article, as determined by the Executive Officer. The
					 terms of any local air district permit or rule relating to this article do not
					 alter the terms of this article, which remain as separate requirements for all
					 sources subject to this article.
(d) Implementation and enforcement of the
					 requirements of this article by a local air district, including inclusion or
					 exclusion of any of its terms within any local air district permit, or within a
					 local air district rule, or registration of a facility with a local air
					 district or CARB, does not in any way waive or limit CARB's authority to
					 implement and enforce upon the requirements of this article. A facility's
					 permitting or registration status also in no way limits the ability of a local
					 air district to enforce the requirements of this article.
(e) If an air district requires additional
					 facilities that do not meet the applicability criteria of this article to
					 provide emissions or activity level data to the air district to meet any
					 district, state, or federal reporting requirements, the air district may report
					 the associated emissions data to CARB; however such a facility is not required
					 to comply with the requirements of this article.
(f)
Request for Determination of
					 Applicability
. A citizen may request that CARB coordinate with a local
					 air district to clarify a facility's permit status, and the facility's
					 applicability under this article. The request must be sent to the contact
					 information in 93403(f). Only one facility may be identified for each request;
					 requests that include multiple facilities will not be accepted. The request
					 must include the address of the facility or enough information to determine the
					 location of the source. The request may include additional information to
					 assist with identification of the facility, which may include the facility
					 name. The applicability determination will include the reason for applicability
					 or non-applicability. The Executive Officer will acknowledge the request by
					 responding within 5 business days after receipt of such request. The Executive
					 Officer will provide a determination of applicability within 60 business days
					 from receipt of the initial request.
1. New
						section filed 11-22-2019; operative 1-1-2020 (Register 2019, No.
						47).
2. Amendment of section and NOTE filed 10-28-2021; operative
						1-1-2022 (Register 2021, No. 44). Filing deadline specified in Government Code
						section
						11349.3(a)
						extended 60 calendar days pursuant to Executive Order
						N-40-20.
Note: Authority cited: Sections
						  39600,
						  39601,
						  39602,
						  39605,
						  39606,
						  39607,
						  39607.1,
						  39607.3,
						  39701,
						  40913,
						  41500,
						  41511,
						  42700,
						  42705,
						  42705.5,
						  42705.6
						  and
						  44391.2,
						  Health and Safety Code. Reference: Sections
						  39003,
						  39500,
						  39606,
						  39607.1,
						  42705.5,
						  44301
						  and
						  44391.2,
						  Health and Safety Code.