SECTIONS 40000-40003 - California Statutes

HEALTH AND SAFETY CODE

SECTION 40000-40003

40000. The Legislature finds and declares that local and regional
authorities have the primary responsibility for control of air
pollution from all sources, other than emissions from motor vehicles.
The control of emissions from motor vehicles, except as otherwise
provided in this division, shall be the responsibility of the state
board.

40001. (a) Subject to the powers and duties of the state board, the
districts shall adopt and enforce rules and regulations to achieve
and maintain the state and federal ambient air quality standards in
all areas affected by emission sources under their jurisdiction, and
shall enforce all applicable provisions of state and federal law.
(b) The district rules and regulations may, and at the request of
the state board shall, provide for the prevention and abatement of
air pollution episodes which, at intervals, cause discomfort or
health risks to, or damage to the property of, a significant number
of persons or class of persons.
(c) Prior to adopting any rule or regulation to reduce criteria
pollutants, a district shall determine that there is a problem that
the proposed rule or regulation will alleviate and that the rule or
regulation will promote the attainment or maintenance of state or
federal ambient air quality standards.
(d) (1) The district rules and regulations shall include a process
to approve alternative methods of complying with emission control
requirements that provide equivalent emission reductions, emissions
monitoring, or recordkeeping.
(2) A district shall allow the implementation of alternative
methods of emission reduction, emissions monitoring, or recordkeeping
if a facility demonstrates to the satisfaction of the district that
those alternative methods will provide equivalent performance. Any
alternative method of emission reduction, emissions monitoring, or
recordkeeping proposed by the facility shall not violate other
provisions of law.
(3) If a district rule specifies an emission limit for a facility
or system, the district shall not set operational or effectiveness
requirements for any specific emission control equipment operating on
a facility or system under that limit. Any alternative method of
emission reduction, emissions monitoring, or recordkeeping proposed
by the facility shall include the necessary operational and
effectiveness measurement elements that can be included as permit
conditions by the district to ensure compliance with, and enforcement
of, the equivalent performance requirements of paragraphs (1) and
(2). Nothing in this subdivision limits the district's authority to
inspect a facility's equipment or records to ensure operational
compliance. This paragraph shall apply to existing rules and
facilities operating under those rules.

40002. (a) There is continued in existence and shall be, in every
county, a county district, unless the entire county is included
within the Antelope Valley district, the bay district, the Mojave
Desert district, the south coast district, the Sacramento
Metropolitan Air Quality Management District, the San Joaquin Valley
Air Quality Management District, if that district is created, a
regional district, or a unified district.
(b) If only a part of the county is included within the Antelope
Valley district, the bay district, the south coast district, the
Mojave Desert district, the San Joaquin Valley Air Quality Management
District, if that district is created, a regional district, or a
unified district, there is in that part of the county not included
within any of those districts a county district, for which different
air quality rules and regulations may be required.

40003. A county may be in two or more districts, but not in two or
more county districts.