39600. The state board shall do such acts as may be necessary for
the proper execution of the powers and duties granted to, and imposed
upon, the state board by this division and by any other provision of
law.
39601. (a) The state board shall adopt standards, rules, and
regulations in accordance with the provisions of Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, necessary for the proper execution of the
powers and duties granted to, and imposed upon, the state board by
this division and by any other provision of law.
(b) The state board, by rules and regulations, may revise the
definitions of terms set forth in Chapter 2 (commencing with Section
39010) of Part 1 in order to conform those definitions to federal
laws and rules and regulations.
(c) The standards, rules, and regulations adopted pursuant to this
section shall, to the extent consistent with the responsibilities
imposed under this division, be consistent with the state goal of
providing a decent home and suitable living environment for every
Californian.
39601.5. (a) The state board shall make available to the public all
information described in paragraph (2) of subdivision (b) of Section
11346.2 of the Government Code, related to, but not limited to, air
emissions, public health impacts, and economic impacts, before the
comment period for any regulation proposed for adoption by the state
board.
(b) In meeting the requirement of subdivision (a), the state board
shall not release proprietary, confidential, or otherwise legally
protected business information. The state board shall release
information in aggregated form, where necessary, to protect
proprietary, confidential, or otherwise legally protected business
information.
39602. The state board is designated the air pollution control
agency for all purposes set forth in federal law.
The state board is designated as the state agency responsible for
the preparation of the state implementation plan required by the
Clean Air Act (42 U.S.C., Sec. 7401, et seq.) and, to this end, shall
coordinate the activities of all districts necessary to comply with
that act.
Notwithstanding any other provision of this division, the state
implementation plan shall only include those provisions necessary to
meet the requirements of the Clean Air Act.
39602.5. (a) The state board shall adopt rules and regulations
pursuant to Section 43013 that, in conjunction with other measures
adopted by the state board, the districts, and the United States
Environmental Protection Agency, will achieve ambient air quality
standards required by the federal Clean Air Act (42 U.S.C. Sec. 7401
et seq.) in all areas of the state by the applicable attainment date,
and to maintain these standards thereafter. The state board shall
adopt these measures if they are necessary, technologically feasible,
and cost effective, consistent with Section 43013.
(b) If necessary to carry out its duties under this section, the
state board shall adopt and enforce rules and regulations that
anticipate the development of new technologies or the improvement of
existing technologies. The rules and regulations shall require
standards that the state board finds and determines can likely be
achieved by the compliance date set forth in the rule.
39603. (a) The state board may do both of the following:
(1) Contract for technical advisory services and other services as
may be necessary for the performance of its powers and duties.
(2) Appoint advisory groups and committees as it requires. Members
of committees or advisory groups shall receive one hundred dollars
($100) per day for each day they attend a meeting of the state board
or meet pursuant to a request of the state board, plus actual and
necessary travel expenses incurred while performing their duties.
(b) In appointing advisory groups and committees, the state board
may appoint a number of persons qualified in various fields and
disciplines. Persons appointed shall be kept informed of the issues
before the state board and the work pending before the state board.
When the state board desires the advice, in connection with a
particular problem or problems, of any person so appointed, the
chairperson of the state board may select that person to serve as a
member of a working group or committee for the purpose of providing
the advice. After the working group or committee has given its advice
to the state board, it shall cease to function as a working group or
committee. The financial remuneration specified in paragraph (2) of
subdivision (a) shall be available to persons only during the time
they are serving as members of a working group or committee at the
request of the state board.
39604. (a) The state board shall post on its Web site, at a minimum
by January 1 of each odd-numbered year, information on air quality
conditions and trends statewide and on the status and effectiveness
of state and local air quality programs.
(b) The data shall include, but not be limited to, all of the
following:
(1) A review of air quality trends in each air basin over the most
recent five-calendar-year period for which a complete data record is
available.
(2) A statement of the number of violations of air quality
standards that occurred in each air basin over the most recent two
calendar years for which a complete data record is available, and a
comparison of the number of violations to those in prior years.
(3) A listing of any changes in state ambient air quality
standards adopted by the board over the previous two calendar years.
(4) A summary of the results of research projects concluded during
the previous two years, the status of current research projects, and
the conduct of the research program pursuant to Section 39703.
(5) A summary of any actions taken by the state board to assume
the powers of districts under Section 39808.
(6) A summary of the effects of any significant federal actions
over the previous two years that have affected state air quality or
air quality programs.
(7) A summary of the status of the state implementation plan for
achieving and maintaining ambient air quality standards.
(8) A summary of the state board's actions in the previous two
calendar years to control toxic air pollutants pursuant to Chapter
3.5 (commencing with Section 39650).
(9) A summary of actions of the state board in controlling
emissions from motor vehicles during the previous two-year period.
(10) A summary of significant actions taken by districts to
control emissions from nonvehicular sources during the previous
two-year period. This summary shall not include a district by
district analysis for each district in the state, but shall include
an overall analysis.
39605. To carry out the purposes of this division, the state board
may:
(a) Provide any assistance to any district.
(b) Require any district to provide requested information utilized
in the normal operation of the district or required by a state or
federal statute or regulation.
(c) Hold public hearings.
(d) May accept assistance, financial and otherwise, from any
public entity.
39606. (a) The state board shall do both of the following:
(1) Based upon similar meteorological and geographic conditions
and consideration for political boundary lines whenever practicable,
divide the state into air basins to fulfill the purposes of this
division.
(2) Adopt standards of ambient air quality for each air basin in
consideration of the public health, safety, and welfare, including,
but not limited to, health, illness, irritation to the senses,
aesthetic value, interference with visibility, and effects on the
economy. These standards may vary from one air basin to another.
Standards relating to health effects shall be based upon the
recommendations of the Office of Environmental Health Hazard
Assessment.
(b) In its recommendations for submission to the state board
pursuant to paragraph (2) of subdivision (a), the Office of
Environmental Health Hazard Assessment, to the extent that
information is available, shall assess the following:
(1) Exposure patterns, including, but not limited to, patterns
determined by relevant data supplied by the state board, among
infants and children that are likely to result in disproportionately
high exposure to ambient air pollutants in comparison to the general
population.
(2) Special susceptibility of infants and children to ambient air
pollutants in comparison to the general population.
(3) The effects on infants and children of exposure to ambient air
pollutants and other substances that have a common mechanism of
toxicity.
(4) The interaction of multiple air pollutants on infants and
children, including the interaction between criteria air pollutants
and toxic air contaminants.
(c) In assessing the factors specified in subdivision (b), the
office shall use current principles, practices, and methods used by
public health professionals who are experienced practitioners in the
field of human health effects assessment. The scientific basis or
scientific portion of the method used by the office to assess the
factors set forth in subdivision (b) shall be subject to peer review
as described in Section 57004 or in a manner consistent with the peer
review requirements of Section 57004. Any person may submit any
information for consideration by the entity conducting the peer
review, which may receive oral testimony.
(d) (1) No later than December 31, 2000, the state board in
consultation with the office, shall review all existing health-based
ambient air quality standards to determine whether, based on public
health, scientific literature, and exposure pattern data, the
standards adequately protect the health of the public, including
infants and children, with an adequate margin of safety. The state
board shall publish a report summarizing these findings.
(2) The state board shall revise the highest priority ambient air
quality standard determined to be inadequate to protect infants and
children with an adequate margin of safety, based on its report, no
later than December 31, 2002. Following the revision of the highest
priority standard, the state board shall revise any additional
standards determined to be inadequate to protect infants and children
with an adequate margin of safety, at the rate of at least one per
year. The standards shall be established at levels that adequately
protect the health of the public, including infants and children,
with an adequate margin of safety.
(e) Nothing in this section shall restrict the authority of the
state board to consider additional information in establishing
ambient air quality standards or to adopt an ambient air quality
standard designed to protect vulnerable populations other than
infants and children.
39606.1. (a) On or before January 1, 1997, the state board shall
adopt regulations to designate, and determine the boundaries of, an
air basin known as the Mojave Desert Air Basin. The air basin shall
have a territory that is based upon similar meteorological and
geographical conditions and consideration for political boundary
lines. The air basin shall consist of at least all of the following:
(1) The desert portions of Los Angeles County that, immediately
prior to the date of the adoption of the regulations, were within the
Southeast Desert Air Basin.
(2) The desert portions of Kern County that, immediately prior to
the date of the adoption of the regulations, were within the
Southeast Desert Air Basin.
(3) Any portion of the Mojave Desert Air Quality Management
District that, immediately prior to the date of the adoption of the
regulations, was within the Southeast Desert Air Basin.
(4) Any other area contiguous to the areas indicated in paragraphs
(1) to (3), inclusive, that the state board determines by a
preponderance of the evidence is appropriate for inclusion.
(b) Areas that, immediately prior to the date of the adoption of
the regulations, were within the Southeast Desert Air Basin and are
not included in the Mojave Desert Air Basin shall remain in the
Southeast Desert Air Basin, subject to Section 39606.
39607. The state board shall:
(a) Establish a program to secure data on air quality in each air
basin established by the state board.
(b) Inventory sources of air pollution within the air basins of
the state and determine the kinds and quantity of air pollutants,
including, but not necessarily limited to, the contribution of
natural sources, mobile sources, and area sources of emissions,
including a separate identification of those sources not subject to
district permit requirements, to the extent feasible and necessary to
carry out the purposes of this chapter. The state board shall use,
to the fullest extent, the data of local agencies and other state and
federal agencies in fulfilling this purpose.
(c) Monitor air pollutants in cooperation with districts and with
other agencies to fulfill the purpose of this division.
(d) Adopt test procedures to measure compliance with its
nonvehicular emission standards and those of districts.
(e) Establish and periodically review criteria for designating an
air basin attainment or nonattainment for any state ambient air
quality standard set forth in Section 70200 of Title 17 of the
California Code of Regulations. In developing and reviewing these
criteria, the state board shall consider instances where there is
poor or limited ambient air quality data, and shall consider highly
irregular or infrequent violations. The state board shall provide an
opportunity for public comment on the proposed criteria, and shall
adopt the criteria after a public hearing.
(f) Evaluate, in consultation with the districts and other
interested parties, air quality-related indicators which may be used
to measure or estimate progress in the attainment of state standards
and establish a list of approved indicators. On or before July 1,
1993, the state board shall identify one or more air quality
indicators to be used by districts in assessing progress as required
by subdivision (b) of Section 40924. The state board shall continue
to evaluate the prospective application of air quality indicators
and, upon a finding that adequate air quality modeling capability
exists, shall identify one or more indicators which may be used by
districts in lieu of the annual emission reductions mandated by
subdivision (a) of Section 40914. In no case shall any indicator be
less stringent or less protective, on the basis of overall health
protection, than the annual emission reduction requirement in
subdivision (a) of Section 40914.
(g) Establish, not later than July 1, 1996, a uniform methodology
which may be used by districts in assessing population exposure,
including, but not limited to, reduction in exposure of districtwide
subpopulations such as children, the elderly, and persons with
respiratory disease, to ambient air pollutants at levels above the
state ambient air quality standards, for estimating reductions in
population exposure for the purposes of Sections 40913, 40924, and
41503, and for the establishment of the means by which reductions in
population exposures may be achieved. The methodology adopted
pursuant to this subdivision shall be consistent with the federal
Clean Air Act (42 U.S.C. Sec. 7401 et seq.), and with this division,
including, but not limited to, Section 39610.
39607.3. (a) The state board shall, not later than January 1, 1998,
and triennially thereafter, approve, following a public hearing, an
update to the emission inventory required by subdivision (b) of
Section 39607.
(b) Each inventory update shall include all of the following:
(1) The state board's and each district's best estimates of
emissions from all sources, including, but not limited to, motor
vehicles, nonroad mobile sources, stationary sources, areawide
sources, and biogenic sources.
(2) A detailed verification of source category emission rate data
with available scientific data, including, but not limited to, actual
measurements of pollutants in the atmosphere, and an explanation of
any discrepancies.
(3) An update to a mobile source emission inventory for any air
quality attainment plan required by the federal Clean Air Act (42
U.S.C.A. Sec. 7401 et seq.) or this division, that considers all
available information regarding current and projected vehicle miles
traveled, vehicle trips, demographics, and other nontechnological
factors affecting the mobile source emission inventory, and bases the
mobile source emission inventory upon the best information available
to achieve compliance.
(c) Any emission inventory update approved on or after January 1,
1997, shall comply with this section.
(d) The Legislature hereby finds and declares that it is in the
interests of the state that air quality plans be based on accurate
emission inventories. Inaccurate inventories that do not reflect the
actual emissions into the air can lead to misdirected air quality
control measures, resulting in delayed attainment of standards and
unnecessary and significant costs.
39607.4. On and after January 1, 2007, as part of its
responsibilities under Section 39607, and in order to streamline,
consolidate, and unify the inventory of air emissions under one
agency in state government, the state board shall prepare, adopt, and
update the inventory formerly required to be adopted and updated by
the State Energy Resources Conservation and Development Commission
pursuant to Chapter 8.5 (commencing with Section 25730) of Division
15 of the Public Resources Code.
39607.5. (a) The state board shall develop, and adopt in a public
hearing, a methodology for use by districts to calculate the value of
credits issued for emission reductions from stationary, mobile,
indirect, and areawide sources, including those issued under
market-based incentive programs, when those credits are used
interchangeably.
(b) In developing the methodology, the state board shall do all of
the following:
(1) Ensure that the methodology results in the maintenance and
improvement of air quality consistent with this division.
(2) Allow those credits to be used in a market-based incentive
program adopted pursuant to Section 39616 that requires annual
reductions in emissions through declining annual allocations, and
allow the use of all of those credits, including those from a
market-based incentive program, to meet other stationary or mobile
source requirements that do not expressly prohibit that use.
(3) Ensure that the methodology does not do any of the following:
(A) Result in the crediting of air emissions that already have
been identified as emission reductions necessary to achieve state and
federal ambient air quality standards.
(B) Provide for an additional discount of credits solely as a
result of emission reduction credits trading if a district already
has discounted the credit as part of its process of identifying and
granting those credits to sources.
(C) Otherwise provide for double-counting emission reductions.
(4) Consult with, and consider the suggestions of, the public and
all interested parties, including, but not limited to, the California
Air Pollution Control Officers Association and all affected
regulated entities.
(5) Ensure that any credits, whether they are derived from
stationary, mobile, indirect, or areawide sources, shall be
permanent, enforceable, quantifiable, and surplus.
(6) Ensure that any credits derived from a market-based incentive
program adopted pursuant to Section 39616 are permanent, enforceable,
quantifiable, and are in addition to any required controls, unless
those credits otherwise comply with paragraph (2).
(7) Consider all of the following factors:
(A) How long credits should be valid.
(B) Whether, and which, banking opportunities may exist for
credits.
(C) How to provide flexibility to sources seeking to use credits
so that they remain interchangeable and negotiable until used.
(D) How to ensure a viable trading process for sources wishing to
trade credits consistent with this section.
(E) How to ensure that, if credits may be used within and between
adjacent districts or air basins where sources are in proximity to
one another, the use occurs while maintaining and improving air
quality in both districts or air basins.
(c) If necessary, the state board shall periodically update the
methodology as it applies to future transactions. The state board's
environmental justice advisory committee shall review each updated
methodology.
(d) The state board shall periodically review each district's
emission reduction and credit trading programs to ensure that the
programs comply with the methodology developed pursuant to this
section.
(e) The state board shall post on its Web site, at a minimum by
January 1 each year, actions taken by the state board to implement
this section.
39608. (a) The state board, in consultation with the districts,
shall identify, pursuant to subdivision (e) of Section 39607, and
classify each air basin which is in attainment and each air basin
which is in nonattainment for any state ambient air quality standard.
This identification and classification shall be made on a
pollutant-by-pollutant basis. Where the state board finds that data
is not sufficient to determine the attainment or nonattainment status
for an air basin, the state board shall identify the air basin as
unclassified.
(b) The state board may assign an attainment, nonattainment, or
unclassified designation to one or more areas within any air basin
unless the state board finds and determines that the pollutant for
which the designation applies affects the entire region or is
produced by emission sources throughout the region.
(c) Designations made by the state board shall be reviewed
annually and updated as new information becomes available.
39609. On or before December 31, 1989, and at least every three
years thereafter, the state board shall complete a study on the
feasibility of employing air quality models and other analytical
techniques to distinguish between emission control measures on the
basis of their relative ambient air quality impact. As part of this
study, the state board shall determine whether adequate modeling
capability exists to support the use of air quality indicators or
alternative measures of progress as specified in subdivision (f) of
Section 39607 and Section 40914. The state board shall consult with
districts and affected groups in conducting this study, and, after a
public hearing, shall prepare and transmit its findings to each
district for its use in developing plans pursuant to Chapter 10
(commencing with Section 40910).
39610. (a) Not later than December 31, 1989, the state board shall
identify each air basin, or subregion thereof, in which transported
air pollutants from upwind areas outside the air basin, or subregion
thereof, cause or contribute to a violation of the state ambient air
quality standard for ozone, and shall identify the district of origin
of the transported air pollutants based upon the preponderance of
available evidence. The state board shall identify and determine the
priorities of information and studies needed to make a more accurate
determination, including, but not limited to, emission inventories,
pollutant characterization, ambient air monitoring, and air quality
models.
(b) The state board shall, in cooperation with the districts,
assess the relative contribution of upwind emissions to downwind
ozone ambient air pollutant levels to the extent permitted by
available data, and shall establish mitigation requirements
commensurate with the level of contribution. In assessing the
relative contribution of upwind emissions to downwind ozone ambient
air pollutant levels, the state board shall determine if the
contribution level of transported air pollutants is overwhelming,
significant, inconsequential, or some combination thereof. Any
determination by the state board shall be based upon a preponderance
of the available evidence.
(c) The state board shall make every reasonable effort to supply
air pollutant transport information to heavily impacted districts
prior to the development of plans to attain the state ambient air
quality standards, shall consult with affected upwind and downwind
districts, and shall adopt its findings at a public hearing.
(d) The state board shall review and update its transport analysis
at least once every three years.
(e) The state board shall conduct appropriate studies to carry out
its responsibilities under this section.
39612. (a) In addition to funds that may be appropriated by the
Legislature to the state board to carry out the additional
responsibilities and to undertake necessary technical studies
required by this chapter, the state board may impose additional
permit fees on nonvehicular sources within a district's jurisdiction.
(b) (1) The state board may do any of the following with respect
to the collection of fees on nonvehicular sources imposed pursuant to
subdivision (a):
(A) Upon obtaining the concurrence of the district, require a
district to collect the fees.
(B) Establish a system in which the state board collects the fees
directly.
(C) Contract with any other state agency to collect the fees.
(2) If the state board establishes a system to collect fees
pursuant to subparagraph (B) of paragraph (1) or contracts with
another state agency to collect the fees pursuant to subparagraph (C)
of paragraph (1), each district shall provide any information
necessary to ensure the accurate and efficient collection of the fees
from nonvehicular sources.
(c) The permit fees imposed pursuant to this section shall be
expended only for the purposes of recovering costs of additional
state programs related to nonvehicular sources. Priority for
expenditure of permit fees collected pursuant to this section shall
be given to the following activities:
(1) Identifying air quality-related indicators that may be used to
measure or estimate progress in the attainment of state ambient air
standards pursuant to subdivision (f) of Section 39607.
(2) Establishing a uniform methodology for assessing population
exposure to air pollutants pursuant to subdivision (g) of Section
39607.
(3) Updating the emission inventory pursuant to Section 39607.3,
including emissions that cause or contribute to the nonattainment of
federal ambient air standards.
(4) Identifying, assessing, and establishing the mitigation
requirements for the effects of interbasin transport of air
pollutants pursuant to Section 39610.
(5) Updating the state board's guidance to districts on ranking
control measures for stationary sources based upon the
cost-effectiveness of those measures in reducing air pollution.
(d) The permit fees imposed pursuant to this section shall be
collected from nonvehicular sources that are authorized by district
permits to emit 250 tons or more per year of any nonattainment
pollutant or its precursors.
(e) The permit fees collected pursuant to this section and Section
39613, after deducting the administrative costs of collecting the
fees, shall be transmitted to the Controller for deposit in the Air
Pollution Control Fund.
(f) (1) The total amount of funds collected by fees imposed
pursuant to this section, exclusive of district administrative costs,
may not exceed thirteen million dollars ($13,000,000) in any fiscal
year, unless that limitation is increased pursuant to paragraph (2).
(2) The state board may increase the limitation on the total
amount of funds collected as described in paragraph (1) by an amount
not to exceed the annual percentage change in the California Consumer
Price Index as compiled and reported by the Department of Industrial
Relations.
(g) On or before January 1 of each year, the state board shall
report to the Governor and the Legislature on the expenditure of
permit fees collected pursuant to this section and Section 39613. The
report shall include a report on the status of implementation of the
programs prioritized for funding pursuant to subdivision (c).
39613. The state board shall impose a fee for any consumer product,
as defined in Section 41712, sold in the state and any architectural
coating sold in the state if a manufacturer's total sales of
consumer products or architectural coatings will result in the
emission in the state of 250 tons per year or greater of volatile
organic compounds. Revenues collected from the imposition of this fee
shall be used to mitigate or reduce air pollution in the state
created by consumer products and architectural coatings, as
determined by the state board, and shall be expended solely for those
programs.
39616. (a) The Legislature hereby finds and declares all of the
following:
(1) Several regions in California suffer from some of the worst
air quality in the United States.
(2) While traditional command and control air quality regulatory
programs are effective in cleaning up the air, other options for
improvement in air quality, such as market-based incentive programs,
should be explored, provided that those programs result in equivalent
emission reductions while expending fewer resources and while
maintaining or enhancing the state's economy.
(3) The purpose of this section is to establish requirements under
which a district board may adopt market-based incentive programs in
a manner which achieves the greatest air quality improvement while
strengthening the state's economy and preserving jobs.
(b) (1) A district board may adopt a market-based incentive
program as an element of the district's plan for attainment of the
state or federal ambient air quality standards.
(2) A market-based incentive program that satisfies the conditions
in this section may substitute for current command and control
regulations and future air quality measures that would otherwise have
been adopted as part of the district's plan for attainment, and may
be implemented in lieu of some or all of the control measures adopted
by the district pursuant to Chapter 10 (commencing with Section
40910) of Part 3.
(c) In adopting rules and regulations to implement a market-based
incentive program, a district board shall, at the time that the rules
and regulations are adopted, make express findings, and shall, at
the time that the rules and regulations are submitted to the state
board, submit appropriate information, to substantiate the basis for
making the findings that each of the following conditions is met on
an overall districtwide basis:
(1) The program will result in an equivalent or greater reduction
in emissions at equivalent or less cost compared with current command
and control regulations and future air quality measures that would
otherwise have been adopted as part of the district's plan for
attainment.
(2) The program will provide a level of enforcement and
monitoring, to ensure compliance with emission reduction
requirements, comparable with command and control air quality
measures that would otherwise have been adopted by the district for
inclusion in the district's plan for attainment.
(3) The program will establish a baseline methodology that
provides appropriate credit so that stationary sources of air
pollution which have been modified prior to implementation of the
program to reduce stationary source emissions are treated equitably.
(4) The program will not result in a greater loss of jobs or more
significant shifts from higher to lower skilled jobs, on an overall
districtwide basis, than that which would exist under command and
control air quality measures that would otherwise have been adopted
as part of the district's plan for attainment. A finding of
compliance with this requirement may be made in the same manner as
the analyses made by the district to meet the requirements of Section
40728.5.
(5) The program will promote the privatization of compliance and
the availability of data in computer format. The district shall
endeavor to provide sources with the option to keep records by way of
electronic or computer data storage systems, rather than mechanical
devices such as strip chart recorders.
(6) The program will not in any manner delay, postpone, or
otherwise hinder district compliance with Chapter 10 (commencing with
Section 40910) of Part 3.
(7) The program will not result in disproportionate impacts,
measured on an aggregate basis, on those stationary sources included
in the program compared to other permitted stationary sources in the
district's plan for attainment.
(d) (1) A district's plan for attainment or plan revision
submitted to the state board prior to January 1, 1993, shall be
designed to achieve equivalent emission reductions and reduced cost
and job impacts compared to current command and control regulations
and future air quality measures that would otherwise have been
adopted as part of the district's plan for attainment. A district
shall not implement a market-based incentive program unless the state
board has determined that the plan or plan revision complies with
this paragraph.
(2) A plan or plan revision submitted on or after January 1, 1993,
shall be designed to meet the provisions of subdivision (c) and
Section 40440.1 if applicable. The state board shall approve the plan
or plan revision prior to program implementation, and shall make its
determination not later than 90 days from the date of submittal of
the plan or plan revision.
(3) Upon the adoption of rules and regulations to implement the
program in accordance with subdivision (c), the district shall submit
the rules and regulations to the state board. The state board shall,
within 90 days from the date of submittal, determine whether the
rules and regulations meet the requirements of this section and
Section 40440.1, if applicable. This paragraph does not prohibit the
district from implementing the program upon the approval of the plan
or plan revision and prior to submittal of the rules and regulations.
(e) Within five years from the date of adoption of a market-based
incentive program, the district board shall commence public hearings
to reassess the program and shall, not later than seven years from
the date of the district's initial adoption of the program, ratify
the findings required pursuant to paragraphs (1), (2), (5), and (6)
of subdivision (c) and the district's compliance with Section
40440.1, if applicable, with the concurrence of the state board. If
the district board fails to ratify the findings within the seven-year
period, the district board shall make appropriate revisions to the
district's plan for attainment.
(f) The district board shall reassess a market-based incentive
program if the market price of emission trading units exceeds a
predetermined level set by the district board. The district board may
take action to revise the program. A predetermined market price
review level shall be set in a public hearing in consideration of the
costs of command and control air quality measures that would
otherwise have been adopted as part of the district's plan for
attainment, costs and factors submitted by interested parties, and
any other factors considered appropriate by the district board. The
district board may revise the market price review level for emission
trading units every three years during attainment plan updates
required under Section 40925. In revising the market price review
level, the district board shall consider the factors used in setting
the initial market price review level as well as other economic
impacts, including the overall impact of the program on job loss,
rate of business formation, and rate of business closure.
(g) For sources not included in market-based incentive programs,
this section does not apply to, and shall in no way limit, existing
district authority to facilitate compliance with particular emission
control measures by imposing or authorizing sourcewide emission caps,
alternative emission control plans, stationary for mobile source
emission trades, mobile for mobile source emission trades, and
similar measures, whether imposed or authorized by rule or permit
condition.
(h) This section does not apply to the implementation of
market-based transportation control measures which do not involve
emissions trading.
39616.5. (a) The state board shall not adopt any regulation that
excludes the importation of compliant diesel fuel by entities that do
not have refineries in California.
(b) For the purposes of this section, "compliant diesel fuel"
means a diesel fuel that complies with the designated equivalent
limits in paragraph (1) of subdivision (h) of Section 2282 of Title
13 of the California Code of Regulations.
(c) The state board may designate a fuel as a compliant diesel
fuel if an importer demonstrates that the relevant properties of the
diesel fuel to be imported are equivalent to the properties of
California Air Resources Board (CARB) diesel fuel blends being
certified for sale in California.
(d) For the purposes of this section, "relevant properties"
include all of the following:
(1) Aromatic hydrocarbon content.
(2) Polycyclic aromatic hydrocarbon content.
(3) API gravity.
(4) Cetane number.
(5) Nitrogen content.
(6) Sulfur content.
39617. Any rule, regulation, or control measure adopted pursuant to
this division which allows for the use of mobile source emission
reduction credits through the acceleration of the retirement of
in-use motor vehicles, the repair or retirement of gross-polluting
and other high-emitting vehicles, or other similar methods of
reducing air pollution shall allow the person using the method to
calculate the emission reductions by any of the following methods:
(a) The measurement of actual air emissions from those motor
vehicles repaired or retired as a result of the rule, regulation, or
control measure, pursuant to the methodology and criteria established
pursuant to Section 39607.5, or, prior to adoption of the
methodology by the state board, by any alternate methodology approved
by the agency which has adopted the rule, regulation, or control
measure, if that methodology is consistent with federal law and with
subdivision (b) of Section 39607.5.
(b) The use of a statistically representative sample of the motor
vehicles repaired or retired as a result of the rule, regulation, or
control measure, utilizing the methodology and criteria established
pursuant to Section 39607.5, or, prior to adoption of the methodology
by the state board, by any alternate methodology approved by the
agency which has adopted the rule, regulation, or control measure, if
that methodology is consistent with federal law and with subdivision
(b) of Section 39607.5.
(c) The use of vehicle fleet average emissions, as determined by
the state board.
(d) This section does not apply to any motor vehicle specified in
subdivision (a), (b), (f), or (k) of Section 34500 of the Vehicle
Code.
39617.5. (a) Not later than January 1, 2003, the state board shall
do all of the following:
(1) Evaluate the adequacy of the current monitoring network for
its ability to gather the data necessary to determine the exposure of
infants and children to air pollutants including criteria air
pollutants and toxic air contaminants.
(2) Identify areas where the exposure of infants and children to
air pollutants is not adequately measured by the current monitoring
network.
(3) Recommend changes to improve air pollution monitoring networks
and data collection to more accurately reflect the exposure of
infants and children to air pollutants.
(b) In carrying out this section, the state board, in cooperation
with the districts, shall expand its existing monitoring program in
six communities around the state in nonattainment areas, as selected
by the state board, to include special monitoring of children's
exposure to air pollutants and toxic contaminants. The expanded
program shall include placing air pollution monitors near schools,
day care centers, and outdoor recreational facilities that are in
close proximity to, or downwind from, major industrial sources of air
pollutants and toxic air contaminants, including, freeways and major
traffic areas. The purpose of the air pollution monitors shall be to
conduct sampling of air pollution levels affecting children.
Monitoring may include the use of fixed, mobile, and other monitoring
devices, as appropriate.
(c) The expanded monitoring program shall include the following:
(1) Monitoring during multiple seasons and at multiple locations
within each community at schools, day care centers, recreational
facilities, and other locations where children spend most of their
time.
(2) A combination of upgrading existing fixed monitoring sites,
establishing new fixed monitoring sites, and conducting indoor and
outdoor sampling and personal exposure measurements in each community
to provide the most comprehensive data possible on the levels of
children's exposure to air pollutants and toxic air contaminants.
(d) Data collected from expanded air quality monitoring activities
conducted pursuant to this section may be used for any purpose
authorized by law, including, but not limited to, determinations as
to whether an area has attained or has not attained the state and
national ambient air quality standards, if the monitoring devices
from which the data was collected meet the monitoring requirements
specified in Section 58.14 of Title 40 of the Code of Federal
Regulations for special purpose monitors, all other monitoring
requirements of Part 58 of Title 40 of the Code of Federal
Regulations, and all applicable requirements specified in regulations
adopted by the state board.
39618. Refrigerated trailers shall be classified as mobile sources
and shall be regulated by the state board on a statewide basis to
prevent confusion concerning whether the trailers are stationary
sources when not being driven and to prevent inconsistent regulation
by districts of vehicles that are operated in more than one district.
The state board shall develop regulations, on or before January 1,
2000, to achieve reductions in emissions attributable to the
refrigerated trailers.
39619. The Legislature hereby finds and declares all of the
following:
(a) Recent scientific studies have documented significant adverse
public health effects associated with exposure to airborne fine
particles that are smaller than 2.5 microns (PM 2.5).
(b) Federal ambient air quality standards for the control of
particles smaller than 10 microns in diameter (PM 10) will require
additional emission controls in California.
(c) California's existing ambient air quality monitoring program
for PM 10 and PM 2.5 provides inadequate scientific information with
regard to the level of public exposure to, and public health risk
from, airborne fine particles, and therefore must be expanded and
improved to evaluate priorities and establish appropriate control
strategies.
(d) Current proposals for required monitoring of PM 2.5 by the
Environmental Protection Agency may not be appropriate for properly
measuring species of pollutants that comprise the principal
components of airborne fine particles within the state.
(e) California needs to develop an airborne fine particle
monitoring program that reflects the specific nature of California's
fine particle air pollution problem and develops data suitable for
use in exposure evaluations.
(f) California should use the most accurate methods available in
the fine particle monitoring program that are appropriate for use in
California and should strive to avoid duplication of the federal air
monitoring program whenever possible.
39619.5. The state board shall develop and conduct an expanded and
revised program of monitoring of airborne fine particles smaller than
2.5 microns in diameter (PM 2.5). The program shall be designed to
accomplish all of the following:
(a) The monitoring method selected shall be capable of accurately
representing the spectrum of compounds that comprise PM 2.5 in the
atmosphere of regions where monitoring is conducted, including
nitrates and other inorganic compounds, as well as carbonaceous
materials.
(b) To the extent feasible, the state board shall consider
approved federal particulate methods in selecting a monitoring method
for the program.
(c) The monitoring network used in the program shall site monitors
so as to characterize population exposure, background conditions,
and transport influence, and attain any other objective identified by
the state board as necessary to understand conditions and to provide
information for the development of control strategies.
(d) Portable monitors shall be used in locations not now monitored
for PM 10, but where elevated PM 2.5 might be expected.
(e) During the initial two years of expanded monitoring, PM 2.5
monitoring shall be done at one or more of the highest level PM 10
sites in any region that violates the federal ambient air quality
standard for PM 10, to enable a determination of the correlation
between levels of PM 10 and PM 2.5.
(f) In regions where ambient source characterization studies for
PM 2.5 have not been completed, the state board shall work with the
district to develop and conduct those studies.
(g) The state board shall place on its Web site, updated at a
minimum January 1 of each year, the status and results of the
airborne fine particulate air pollution monitoring program.
39619.6. (a) By June 30, 2002, the state board and the State
Department of Health Services, in consultation with the State
Department of Education, the Department of General Services, and the
Office of Environmental Health Hazard Assessment, shall conduct a
comprehensive study and review of the environmental health conditions
in portable classrooms, as defined in subdivision (k) of Section
17070.15 of the Education Code.
(b) The state board and the department shall jointly coordinate
the study, oversee data analysis and quality assurance, coordinate
stakeholder participation, and prepare recommendations. The state
board shall develop and oversee the contract for field work, air
monitoring, and data analysis, and obtain equipment for the study.
The department shall oversee the assessment of ventilation systems
and practices and the evaluation of microbiological contaminants, and
may provide laboratory analyses as needed.
(c) By August 31, 2000, the state board shall release a request
for proposals for the field portion of the study. Field work shall
begin not later than July 2001. The final report shall be completed
on or before June 30, 2002, and shall be provided to the appropriate
policy committees of the Legislature. The study of portable
classrooms shall include all of the following:
(1) Review of design and construction specifications, including
those for ventilation systems.
(2) Review of school maintenance practices, including the actual
operation or nonoperation of ventilation systems.
(3) Assessment of indoor air quality.
(4) Assessment of potential toxic contamination, including molds
and other biological contaminants.
(d) The final report shall summarize the results of the study and
review, and shall include recommendations to remedy and prevent
unhealthful conditions found in portable classrooms, including the
need for all of the following:
(1) Modified design and construction standards, including
ventilation specifications.
(2) Emission limits for building materials and classroom
furnishings.
(3) Other mitigation actions to ensure the protection of children'
s health.
39619.7. (a) A written communication from the state board alleging
that an administrative or civil penalty will be, or could be, imposed
either by the state board or another party, including the Attorney
General, for a violation of air pollution law, shall contain a clear
explanation of all of the following:
(1) The manner in which the administrative or civil penalty amount
was determined, including the aggravating and mitigating factors the
state board considered in arriving at the amount, and, where
applicable, the per unit or per vehicle basis for the penalty.
(2) The provision of law or regulations under which the alleged
violator is being assessed the administrative or civil penalty,
including the reason that provision is most appropriate for that
violation.
(3) Whether the administrative or civil penalty is being assessed
under a provision of law that prohibits the emission of pollution at
a specified level, and if so, a quantification of the specific amount
of pollution emitted in excess of that level, where practicable.
This quantification may be based on estimates or emission factors.
(b) The information described in subdivision (a) and all final
mutual settlement agreements reached between the state board and a
person alleged to have violated air pollution laws shall be made
available to the public.
39619.8. On or before July 1, 2010, the state board, in
consultation with the Public Utilities Commission, the State Energy
Resources Conservation and Development Commission, the State Water
Resources Control Board, and the Independent System Operator, shall
prepare and submit to the Governor and the Legislature a report that
evaluates the electrical system reliability needs of the South Coast
Air Basin and recommends the most effective and efficient means of
meeting those needs while ensuring compliance with state and federal
law, including, but not limited to, all of the following policies and
requirements:
(a) The California Global Warming Solutions Act of 2006 (Division
25.5 (commencing with Section 38500)).
(b) Section 316(b) of the federal Clean Water Act, and any
policies and regulations adopted by the State Water Resources Control
Board as these regulations applied to thermal powerplants within the
basin.
(c) State and federal air pollution laws and regulations,
including, but not limited to, any requirements for emission
reductions credits for new and modified sources of air pollution.
(d) Renewable energy and energy efficiency requirements adopted
pursuant to Division 1 (commencing with Section 201) of the Public
Utilities Code and Division 15 (commencing with Section 25000) of the
Public Resources Code.
(e) Division 13 (commencing with Section 21000) of the Public
Resources Code.
(f) The resource adequacy requirements for load-serving entities
established by the Public Utilities Commission pursuant to Section
380 of the Public Utilities Code.
39600. The state board shall do such acts as may be necessary for
the proper execution of the powers and duties granted to, and imposed
upon, the state board by this division and by any other provision of
law.
39601. (a) The state board shall adopt standards, rules, and
regulations in accordance with the provisions of Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, necessary for the proper execution of the
powers and duties granted to, and imposed upon, the state board by
this division and by any other provision of law.
(b) The state board, by rules and regulations, may revise the
definitions of terms set forth in Chapter 2 (commencing with Section
39010) of Part 1 in order to conform those definitions to federal
laws and rules and regulations.
(c) The standards, rules, and regulations adopted pursuant to this
section shall, to the extent consistent with the responsibilities
imposed under this division, be consistent with the state goal of
providing a decent home and suitable living environment for every
Californian.
39601.5. (a) The state board shall make available to the public all
information described in paragraph (2) of subdivision (b) of Section
11346.2 of the Government Code, related to, but not limited to, air
emissions, public health impacts, and economic impacts, before the
comment period for any regulation proposed for adoption by the state
board.
(b) In meeting the requirement of subdivision (a), the state board
shall not release proprietary, confidential, or otherwise legally
protected business information. The state board shall release
information in aggregated form, where necessary, to protect
proprietary, confidential, or otherwise legally protected business
information.
39602. The state board is designated the air pollution control
agency for all purposes set forth in federal law.
The state board is designated as the state agency responsible for
the preparation of the state implementation plan required by the
Clean Air Act (42 U.S.C., Sec. 7401, et seq.) and, to this end, shall
coordinate the activities of all districts necessary to comply with
that act.
Notwithstanding any other provision of this division, the state
implementation plan shall only include those provisions necessary to
meet the requirements of the Clean Air Act.
39602.5. (a) The state board shall adopt rules and regulations
pursuant to Section 43013 that, in conjunction with other measures
adopted by the state board, the districts, and the United States
Environmental Protection Agency, will achieve ambient air quality
standards required by the federal Clean Air Act (42 U.S.C. Sec. 7401
et seq.) in all areas of the state by the applicable attainment date,
and to maintain these standards thereafter. The state board shall
adopt these measures if they are necessary, technologically feasible,
and cost effective, consistent with Section 43013.
(b) If necessary to carry out its duties under this section, the
state board shall adopt and enforce rules and regulations that
anticipate the development of new technologies or the improvement of
existing technologies. The rules and regulations shall require
standards that the state board finds and determines can likely be
achieved by the compliance date set forth in the rule.
39603. (a) The state board may do both of the following:
(1) Contract for technical advisory services and other services as
may be necessary for the performance of its powers and duties.
(2) Appoint advisory groups and committees as it requires. Members
of committees or advisory groups shall receive one hundred dollars
($100) per day for each day they attend a meeting of the state board
or meet pursuant to a request of the state board, plus actual and
necessary travel expenses incurred while performing their duties.
(b) In appointing advisory groups and committees, the state board
may appoint a number of persons qualified in various fields and
disciplines. Persons appointed shall be kept informed of the issues
before the state board and the work pending before the state board.
When the state board desires the advice, in connection with a
particular problem or problems, of any person so appointed, the
chairperson of the state board may select that person to serve as a
member of a working group or committee for the purpose of providing
the advice. After the working group or committee has given its advice
to the state board, it shall cease to function as a working group or
committee. The financial remuneration specified in paragraph (2) of
subdivision (a) shall be available to persons only during the time
they are serving as members of a working group or committee at the
request of the state board.
39604. (a) The state board shall post on its Web site, at a minimum
by January 1 of each odd-numbered year, information on air quality
conditions and trends statewide and on the status and effectiveness
of state and local air quality programs.
(b) The data shall include, but not be limited to, all of the
following:
(1) A review of air quality trends in each air basin over the most
recent five-calendar-year period for which a complete data record is
available.
(2) A statement of the number of violations of air quality
standards that occurred in each air basin over the most recent two
calendar years for which a complete data record is available, and a
comparison of the number of violations to those in prior years.
(3) A listing of any changes in state ambient air quality
standards adopted by the board over the previous two calendar years.
(4) A summary of the results of research projects concluded during
the previous two years, the status of current research projects, and
the conduct of the research program pursuant to Section 39703.
(5) A summary of any actions taken by the state board to assume
the powers of districts under Section 39808.
(6) A summary of the effects of any significant federal actions
over the previous two years that have affected state air quality or
air quality programs.
(7) A summary of the status of the state implementation plan for
achieving and maintaining ambient air quality standards.
(8) A summary of the state board's actions in the previous two
calendar years to control toxic air pollutants pursuant to Chapter
3.5 (commencing with Section 39650).
(9) A summary of actions of the state board in controlling
emissions from motor vehicles during the previous two-year period.
(10) A summary of significant actions taken by districts to
control emissions from nonvehicular sources during the previous
two-year period. This summary shall not include a district by
district analysis for each district in the state, but shall include
an overall analysis.
39605. To carry out the purposes of this division, the state board
may:
(a) Provide any assistance to any district.
(b) Require any district to provide requested information utilized
in the normal operation of the district or required by a state or
federal statute or regulation.
(c) Hold public hearings.
(d) May accept assistance, financial and otherwise, from any
public entity.
39606. (a) The state board shall do both of the following:
(1) Based upon similar meteorological and geographic conditions
and consideration for political boundary lines whenever practicable,
divide the state into air basins to fulfill the purposes of this
division.
(2) Adopt standards of ambient air quality for each air basin in
consideration of the public health, safety, and welfare, including,
but not limited to, health, illness, irritation to the senses,
aesthetic value, interference with visibility, and effects on the
economy. These standards may vary from one air basin to another.
Standards relating to health effects shall be based upon the
recommendations of the Office of Environmental Health Hazard
Assessment.
(b) In its recommendations for submission to the state board
pursuant to paragraph (2) of subdivision (a), the Office of
Environmental Health Hazard Assessment, to the extent that
information is available, shall assess the following:
(1) Exposure patterns, including, but not limited to, patterns
determined by relevant data supplied by the state board, among
infants and children that are likely to result in disproportionately
high exposure to ambient air pollutants in comparison to the general
population.
(2) Special susceptibility of infants and children to ambient air
pollutants in comparison to the general population.
(3) The effects on infants and children of exposure to ambient air
pollutants and other substances that have a common mechanism of
toxicity.
(4) The interaction of multiple air pollutants on infants and
children, including the interaction between criteria air pollutants
and toxic air contaminants.
(c) In assessing the factors specified in subdivision (b), the
office shall use current principles, practices, and methods used by
public health professionals who are experienced practitioners in the
field of human health effects assessment. The scientific basis or
scientific portion of the method used by the office to assess the
factors set forth in subdivision (b) shall be subject to peer review
as described in Section 57004 or in a manner consistent with the peer
review requirements of Section 57004. Any person may submit any
information for consideration by the entity conducting the peer
review, which may receive oral testimony.
(d) (1) No later than December 31, 2000, the state board in
consultation with the office, shall review all existing health-based
ambient air quality standards to determine whether, based on public
health, scientific literature, and exposure pattern data, the
standards adequately protect the health of the public, including
infants and children, with an adequate margin of safety. The state
board shall publish a report summarizing these findings.
(2) The state board shall revise the highest priority ambient air
quality standard determined to be inadequate to protect infants and
children with an adequate margin of safety, based on its report, no
later than December 31, 2002. Following the revision of the highest
priority standard, the state board shall revise any additional
standards determined to be inadequate to protect infants and children
with an adequate margin of safety, at the rate of at least one per
year. The standards shall be established at levels that adequately
protect the health of the public, including infants and children,
with an adequate margin of safety.
(e) Nothing in this section shall restrict the authority of the
state board to consider additional information in establishing
ambient air quality standards or to adopt an ambient air quality
standard designed to protect vulnerable populations other than
infants and children.
39606.1. (a) On or before January 1, 1997, the state board shall
adopt regulations to designate, and determine the boundaries of, an
air basin known as the Mojave Desert Air Basin. The air basin shall
have a territory that is based upon similar meteorological and
geographical conditions and consideration for political boundary
lines. The air basin shall consist of at least all of the following:
(1) The desert portions of Los Angeles County that, immediately
prior to the date of the adoption of the regulations, were within the
Southeast Desert Air Basin.
(2) The desert portions of Kern County that, immediately prior to
the date of the adoption of the regulations, were within the
Southeast Desert Air Basin.
(3) Any portion of the Mojave Desert Air Quality Management
District that, immediately prior to the date of the adoption of the
regulations, was within the Southeast Desert Air Basin.
(4) Any other area contiguous to the areas indicated in paragraphs
(1) to (3), inclusive, that the state board determines by a
preponderance of the evidence is appropriate for inclusion.
(b) Areas that, immediately prior to the date of the adoption of
the regulations, were within the Southeast Desert Air Basin and are
not included in the Mojave Desert Air Basin shall remain in the
Southeast Desert Air Basin, subject to Section 39606.
39607. The state board shall:
(a) Establish a program to secure data on air quality in each air
basin established by the state board.
(b) Inventory sources of air pollution within the air basins of
the state and determine the kinds and quantity of air pollutants,
including, but not necessarily limited to, the contribution of
natural sources, mobile sources, and area sources of emissions,
including a separate identification of those sources not subject to
district permit requirements, to the extent feasible and necessary to
carry out the purposes of this chapter. The state board shall use,
to the fullest extent, the data of local agencies and other state and
federal agencies in fulfilling this purpose.
(c) Monitor air pollutants in cooperation with districts and with
other agencies to fulfill the purpose of this division.
(d) Adopt test procedures to measure compliance with its
nonvehicular emission standards and those of districts.
(e) Establish and periodically review criteria for designating an
air basin attainment or nonattainment for any state ambient air
quality standard set forth in Section 70200 of Title 17 of the
California Code of Regulations. In developing and reviewing these
criteria, the state board shall consider instances where there is
poor or limited ambient air quality data, and shall consider highly
irregular or infrequent violations. The state board shall provide an
opportunity for public comment on the proposed criteria, and shall
adopt the criteria after a public hearing.
(f) Evaluate, in consultation with the districts and other
interested parties, air quality-related indicators which may be used
to measure or estimate progress in the attainment of state standards
and establish a list of approved indicators. On or before July 1,
1993, the state board shall identify one or more air quality
indicators to be used by districts in assessing progress as required
by subdivision (b) of Section 40924. The state board shall continue
to evaluate the prospective application of air quality indicators
and, upon a finding that adequate air quality modeling capability
exists, shall identify one or more indicators which may be used by
districts in lieu of the annual emission reductions mandated by
subdivision (a) of Section 40914. In no case shall any indicator be
less stringent or less protective, on the basis of overall health
protection, than the annual emission reduction requirement in
subdivision (a) of Section 40914.
(g) Establish, not later than July 1, 1996, a uniform methodology
which may be used by districts in assessing population exposure,
including, but not limited to, reduction in exposure of districtwide
subpopulations such as children, the elderly, and persons with
respiratory disease, to ambient air pollutants at levels above the
state ambient air quality standards, for estimating reductions in
population exposure for the purposes of Sections 40913, 40924, and
41503, and for the establishment of the means by which reductions in
population exposures may be achieved. The methodology adopted
pursuant to this subdivision shall be consistent with the federal
Clean Air Act (42 U.S.C. Sec. 7401 et seq.), and with this division,
including, but not limited to, Section 39610.
39607.3. (a) The state board shall, not later than January 1, 1998,
and triennially thereafter, approve, following a public hearing, an
update to the emission inventory required by subdivision (b) of
Section 39607.
(b) Each inventory update shall include all of the following:
(1) The state board's and each district's best estimates of
emissions from all sources, including, but not limited to, motor
vehicles, nonroad mobile sources, stationary sources, areawide
sources, and biogenic sources.
(2) A detailed verification of source category emission rate data
with available scientific data, including, but not limited to, actual
measurements of pollutants in the atmosphere, and an explanation of
any discrepancies.
(3) An update to a mobile source emission inventory for any air
quality attainment plan required by the federal Clean Air Act (42
U.S.C.A. Sec. 7401 et seq.) or this division, that considers all
available information regarding current and projected vehicle miles
traveled, vehicle trips, demographics, and other nontechnological
factors affecting the mobile source emission inventory, and bases the
mobile source emission inventory upon the best information available
to achieve compliance.
(c) Any emission inventory update approved on or after January 1,
1997, shall comply with this section.
(d) The Legislature hereby finds and declares that it is in the
interests of the state that air quality plans be based on accurate
emission inventories. Inaccurate inventories that do not reflect the
actual emissions into the air can lead to misdirected air quality
control measures, resulting in delayed attainment of standards and
unnecessary and significant costs.
39607.4. On and after January 1, 2007, as part of its
responsibilities under Section 39607, and in order to streamline,
consolidate, and unify the inventory of air emissions under one
agency in state government, the state board shall prepare, adopt, and
update the inventory formerly required to be adopted and updated by
the State Energy Resources Conservation and Development Commission
pursuant to Chapter 8.5 (commencing with Section 25730) of Division
15 of the Public Resources Code.
39607.5. (a) The state board shall develop, and adopt in a public
hearing, a methodology for use by districts to calculate the value of
credits issued for emission reductions from stationary, mobile,
indirect, and areawide sources, including those issued under
market-based incentive programs, when those credits are used
interchangeably.
(b) In developing the methodology, the state board shall do all of
the following:
(1) Ensure that the methodology results in the maintenance and
improvement of air quality consistent with this division.
(2) Allow those credits to be used in a market-based incentive
program adopted pursuant to Section 39616 that requires annual
reductions in emissions through declining annual allocations, and
allow the use of all of those credits, including those from a
market-based incentive program, to meet other stationary or mobile
source requirements that do not expressly prohibit that use.
(3) Ensure that the methodology does not do any of the following:
(A) Result in the crediting of air emissions that already have
been identified as emission reductions necessary to achieve state and
federal ambient air quality standards.
(B) Provide for an additional discount of credits solely as a
result of emission reduction credits trading if a district already
has discounted the credit as part of its process of identifying and
granting those credits to sources.
(C) Otherwise provide for double-counting emission reductions.
(4) Consult with, and consider the suggestions of, the public and
all interested parties, including, but not limited to, the California
Air Pollution Control Officers Association and all affected
regulated entities.
(5) Ensure that any credits, whether they are derived from
stationary, mobile, indirect, or areawide sources, shall be
permanent, enforceable, quantifiable, and surplus.
(6) Ensure that any credits derived from a market-based incentive
program adopted pursuant to Section 39616 are permanent, enforceable,
quantifiable, and are in addition to any required controls, unless
those credits otherwise comply with paragraph (2).
(7) Consider all of the following factors:
(A) How long credits should be valid.
(B) Whether, and which, banking opportunities may exist for
credits.
(C) How to provide flexibility to sources seeking to use credits
so that they remain interchangeable and negotiable until used.
(D) How to ensure a viable trading process for sources wishing to
trade credits consistent with this section.
(E) How to ensure that, if credits may be used within and between
adjacent districts or air basins where sources are in proximity to
one another, the use occurs while maintaining and improving air
quality in both districts or air basins.
(c) If necessary, the state board shall periodically update the
methodology as it applies to future transactions. The state board's
environmental justice advisory committee shall review each updated
methodology.
(d) The state board shall periodically review each district's
emission reduction and credit trading programs to ensure that the
programs comply with the methodology developed pursuant to this
section.
(e) The state board shall post on its Web site, at a minimum by
January 1 each year, actions taken by the state board to implement
this section.
39608. (a) The state board, in consultation with the districts,
shall identify, pursuant to subdivision (e) of Section 39607, and
classify each air basin which is in attainment and each air basin
which is in nonattainment for any state ambient air quality standard.
This identification and classification shall be made on a
pollutant-by-pollutant basis. Where the state board finds that data
is not sufficient to determine the attainment or nonattainment status
for an air basin, the state board shall identify the air basin as
unclassified.
(b) The state board may assign an attainment, nonattainment, or
unclassified designation to one or more areas within any air basin
unless the state board finds and determines that the pollutant for
which the designation applies affects the entire region or is
produced by emission sources throughout the region.
(c) Designations made by the state board shall be reviewed
annually and updated as new information becomes available.
39609. On or before December 31, 1989, and at least every three
years thereafter, the state board shall complete a study on the
feasibility of employing air quality models and other analytical
techniques to distinguish between emission control measures on the
basis of their relative ambient air quality impact. As part of this
study, the state board shall determine whether adequate modeling
capability exists to support the use of air quality indicators or
alternative measures of progress as specified in subdivision (f) of
Section 39607 and Section 40914. The state board shall consult with
districts and affected groups in conducting this study, and, after a
public hearing, shall prepare and transmit its findings to each
district for its use in developing plans pursuant to Chapter 10
(commencing with Section 40910).
39610. (a) Not later than December 31, 1989, the state board shall
identify each air basin, or subregion thereof, in which transported
air pollutants from upwind areas outside the air basin, or subregion
thereof, cause or contribute to a violation of the state ambient air
quality standard for ozone, and shall identify the district of origin
of the transported air pollutants based upon the preponderance of
available evidence. The state board shall identify and determine the
priorities of information and studies needed to make a more accurate
determination, including, but not limited to, emission inventories,
pollutant characterization, ambient air monitoring, and air quality
models.
(b) The state board shall, in cooperation with the districts,
assess the relative contribution of upwind emissions to downwind
ozone ambient air pollutant levels to the extent permitted by
available data, and shall establish mitigation requirements
commensurate with the level of contribution. In assessing the
relative contribution of upwind emissions to downwind ozone ambient
air pollutant levels, the state board shall determine if the
contribution level of transported air pollutants is overwhelming,
significant, inconsequential, or some combination thereof. Any
determination by the state board shall be based upon a preponderance
of the available evidence.
(c) The state board shall make every reasonable effort to supply
air pollutant transport information to heavily impacted districts
prior to the development of plans to attain the state ambient air
quality standards, shall consult with affected upwind and downwind
districts, and shall adopt its findings at a public hearing.
(d) The state board shall review and update its transport analysis
at least once every three years.
(e) The state board shall conduct appropriate studies to carry out
its responsibilities under this section.
39612. (a) In addition to funds that may be appropriated by the
Legislature to the state board to carry out the additional
responsibilities and to undertake necessary technical studies
required by this chapter, the state board may impose additional
permit fees on nonvehicular sources within a district's jurisdiction.
(b) (1) The state board may do any of the following with respect
to the collection of fees on nonvehicular sources imposed pursuant to
subdivision (a):
(A) Upon obtaining the concurrence of the district, require a
district to collect the fees.
(B) Establish a system in which the state board collects the fees
directly.
(C) Contract with any other state agency to collect the fees.
(2) If the state board establishes a system to collect fees
pursuant to subparagraph (B) of paragraph (1) or contracts with
another state agency to collect the fees pursuant to subparagraph (C)
of paragraph (1), each district shall provide any information
necessary to ensure the accurate and efficient collection of the fees
from nonvehicular sources.
(c) The permit fees imposed pursuant to this section shall be
expended only for the purposes of recovering costs of additional
state programs related to nonvehicular sources. Priority for
expenditure of permit fees collected pursuant to this section shall
be given to the following activities:
(1) Identifying air quality-related indicators that may be used to
measure or estimate progress in the attainment of state ambient air
standards pursuant to subdivision (f) of Section 39607.
(2) Establishing a uniform methodology for assessing population
exposure to air pollutants pursuant to subdivision (g) of Section
39607.
(3) Updating the emission inventory pursuant to Section 39607.3,
including emissions that cause or contribute to the nonattainment of
federal ambient air standards.
(4) Identifying, assessing, and establishing the mitigation
requirements for the effects of interbasin transport of air
pollutants pursuant to Section 39610.
(5) Updating the state board's guidance to districts on ranking
control measures for stationary sources based upon the
cost-effectiveness of those measures in reducing air pollution.
(d) The permit fees imposed pursuant to this section shall be
collected from nonvehicular sources that are authorized by district
permits to emit 250 tons or more per year of any nonattainment
pollutant or its precursors.
(e) The permit fees collected pursuant to this section and Section
39613, after deducting the administrative costs of collecting the
fees, shall be transmitted to the Controller for deposit in the Air
Pollution Control Fund.
(f) (1) The total amount of funds collected by fees imposed
pursuant to this section, exclusive of district administrative costs,
may not exceed thirteen million dollars ($13,000,000) in any fiscal
year, unless that limitation is increased pursuant to paragraph (2).
(2) The state board may increase the limitation on the total
amount of funds collected as described in paragraph (1) by an amount
not to exceed the annual percentage change in the California Consumer
Price Index as compiled and reported by the Department of Industrial
Relations.
(g) On or before January 1 of each year, the state board shall
report to the Governor and the Legislature on the expenditure of
permit fees collected pursuant to this section and Section 39613. The
report shall include a report on the status of implementation of the
programs prioritized for funding pursuant to subdivision (c).
39613. The state board shall impose a fee for any consumer product,
as defined in Section 41712, sold in the state and any architectural
coating sold in the state if a manufacturer's total sales of
consumer products or architectural coatings will result in the
emission in the state of 250 tons per year or greater of volatile
organic compounds. Revenues collected from the imposition of this fee
shall be used to mitigate or reduce air pollution in the state
created by consumer products and architectural coatings, as
determined by the state board, and shall be expended solely for those
programs.
39616. (a) The Legislature hereby finds and declares all of the
following:
(1) Several regions in California suffer from some of the worst
air quality in the United States.
(2) While traditional command and control air quality regulatory
programs are effective in cleaning up the air, other options for
improvement in air quality, such as market-based incentive programs,
should be explored, provided that those programs result in equivalent
emission reductions while expending fewer resources and while
maintaining or enhancing the state's economy.
(3) The purpose of this section is to establish requirements under
which a district board may adopt market-based incentive programs in
a manner which achieves the greatest air quality improvement while
strengthening the state's economy and preserving jobs.
(b) (1) A district board may adopt a market-based incentive
program as an element of the district's plan for attainment of the
state or federal ambient air quality standards.
(2) A market-based incentive program that satisfies the conditions
in this section may substitute for current command and control
regulations and future air quality measures that would otherwise have
been adopted as part of the district's plan for attainment, and may
be implemented in lieu of some or all of the control measures adopted
by the district pursuant to Chapter 10 (commencing with Section
40910) of Part 3.
(c) In adopting rules and regulations to implement a market-based
incentive program, a district board shall, at the time that the rules
and regulations are adopted, make express findings, and shall, at
the time that the rules and regulations are submitted to the state
board, submit appropriate information, to substantiate the basis for
making the findings that each of the following conditions is met on
an overall districtwide basis:
(1) The program will result in an equivalent or greater reduction
in emissions at equivalent or less cost compared with current command
and control regulations and future air quality measures that would
otherwise have been adopted as part of the district's plan for
attainment.
(2) The program will provide a level of enforcement and
monitoring, to ensure compliance with emission reduction
requirements, comparable with command and control air quality
measures that would otherwise have been adopted by the district for
inclusion in the district's plan for attainment.
(3) The program will establish a baseline methodology that
provides appropriate credit so that stationary sources of air
pollution which have been modified prior to implementation of the
program to reduce stationary source emissions are treated equitably.
(4) The program will not result in a greater loss of jobs or more
significant shifts from higher to lower skilled jobs, on an overall
districtwide basis, than that which would exist under command and
control air quality measures that would otherwise have been adopted
as part of the district's plan for attainment. A finding of
compliance with this requirement may be made in the same manner as
the analyses made by the district to meet the requirements of Section
40728.5.
(5) The program will promote the privatization of compliance and
the availability of data in computer format. The district shall
endeavor to provide sources with the option to keep records by way of
electronic or computer data storage systems, rather than mechanical
devices such as strip chart recorders.
(6) The program will not in any manner delay, postpone, or
otherwise hinder district compliance with Chapter 10 (commencing with
Section 40910) of Part 3.
(7) The program will not result in disproportionate impacts,
measured on an aggregate basis, on those stationary sources included
in the program compared to other permitted stationary sources in the
district's plan for attainment.
(d) (1) A district's plan for attainment or plan revision
submitted to the state board prior to January 1, 1993, shall be
designed to achieve equivalent emission reductions and reduced cost
and job impacts compared to current command and control regulations
and future air quality measures that would otherwise have been
adopted as part of the district's plan for attainment. A district
shall not implement a market-based incentive program unless the state
board has determined that the plan or plan revision complies with
this paragraph.
(2) A plan or plan revision submitted on or after January 1, 1993,
shall be designed to meet the provisions of subdivision (c) and
Section 40440.1 if applicable. The state board shall approve the plan
or plan revision prior to program implementation, and shall make its
determination not later than 90 days from the date of submittal of
the plan or plan revision.
(3) Upon the adoption of rules and regulations to implement the
program in accordance with subdivision (c), the district shall submit
the rules and regulations to the state board. The state board shall,
within 90 days from the date of submittal, determine whether the
rules and regulations meet the requirements of this section and
Section 40440.1, if applicable. This paragraph does not prohibit the
district from implementing the program upon the approval of the plan
or plan revision and prior to submittal of the rules and regulations.
(e) Within five years from the date of adoption of a market-based
incentive program, the district board shall commence public hearings
to reassess the program and shall, not later than seven years from
the date of the district's initial adoption of the program, ratify
the findings required pursuant to paragraphs (1), (2), (5), and (6)
of subdivision (c) and the district's compliance with Section
40440.1, if applicable, with the concurrence of the state board. If
the district board fails to ratify the findings within the seven-year
period, the district board shall make appropriate revisions to the
district's plan for attainment.
(f) The district board shall reassess a market-based incentive
program if the market price of emission trading units exceeds a
predetermined level set by the district board. The district board may
take action to revise the program. A predetermined market price
review level shall be set in a public hearing in consideration of the
costs of command and control air quality measures that would
otherwise have been adopted as part of the district's plan for
attainment, costs and factors submitted by interested parties, and
any other factors considered appropriate by the district board. The
district board may revise the market price review level for emission
trading units every three years during attainment plan updates
required under Section 40925. In revising the market price review
level, the district board shall consider the factors used in setting
the initial market price review level as well as other economic
impacts, including the overall impact of the program on job loss,
rate of business formation, and rate of business closure.
(g) For sources not included in market-based incentive programs,
this section does not apply to, and shall in no way limit, existing
district authority to facilitate compliance with particular emission
control measures by imposing or authorizing sourcewide emission caps,
alternative emission control plans, stationary for mobile source
emission trades, mobile for mobile source emission trades, and
similar measures, whether imposed or authorized by rule or permit
condition.
(h) This section does not apply to the implementation of
market-based transportation control measures which do not involve
emissions trading.
39616.5. (a) The state board shall not adopt any regulation that
excludes the importation of compliant diesel fuel by entities that do
not have refineries in California.
(b) For the purposes of this section, "compliant diesel fuel"
means a diesel fuel that complies with the designated equivalent
limits in paragraph (1) of subdivision (h) of Section 2282 of Title
13 of the California Code of Regulations.
(c) The state board may designate a fuel as a compliant diesel
fuel if an importer demonstrates that the relevant properties of the
diesel fuel to be imported are equivalent to the properties of
California Air Resources Board (CARB) diesel fuel blends being
certified for sale in California.
(d) For the purposes of this section, "relevant properties"
include all of the following:
(1) Aromatic hydrocarbon content.
(2) Polycyclic aromatic hydrocarbon content.
(3) API gravity.
(4) Cetane number.
(5) Nitrogen content.
(6) Sulfur content.
39617. Any rule, regulation, or control measure adopted pursuant to
this division which allows for the use of mobile source emission
reduction credits through the acceleration of the retirement of
in-use motor vehicles, the repair or retirement of gross-polluting
and other high-emitting vehicles, or other similar methods of
reducing air pollution shall allow the person using the method to
calculate the emission reductions by any of the following methods:
(a) The measurement of actual air emissions from those motor
vehicles repaired or retired as a result of the rule, regulation, or
control measure, pursuant to the methodology and criteria established
pursuant to Section 39607.5, or, prior to adoption of the
methodology by the state board, by any alternate methodology approved
by the agency which has adopted the rule, regulation, or control
measure, if that methodology is consistent with federal law and with
subdivision (b) of Section 39607.5.
(b) The use of a statistically representative sample of the motor
vehicles repaired or retired as a result of the rule, regulation, or
control measure, utilizing the methodology and criteria established
pursuant to Section 39607.5, or, prior to adoption of the methodology
by the state board, by any alternate methodology approved by the
agency which has adopted the rule, regulation, or control measure, if
that methodology is consistent with federal law and with subdivision
(b) of Section 39607.5.
(c) The use of vehicle fleet average emissions, as determined by
the state board.
(d) This section does not apply to any motor vehicle specified in
subdivision (a), (b), (f), or (k) of Section 34500 of the Vehicle
Code.
39617.5. (a) Not later than January 1, 2003, the state board shall
do all of the following:
(1) Evaluate the adequacy of the current monitoring network for
its ability to gather the data necessary to determine the exposure of
infants and children to air pollutants including criteria air
pollutants and toxic air contaminants.
(2) Identify areas where the exposure of infants and children to
air pollutants is not adequately measured by the current monitoring
network.
(3) Recommend changes to improve air pollution monitoring networks
and data collection to more accurately reflect the exposure of
infants and children to air pollutants.
(b) In carrying out this section, the state board, in cooperation
with the districts, shall expand its existing monitoring program in
six communities around the state in nonattainment areas, as selected
by the state board, to include special monitoring of children's
exposure to air pollutants and toxic contaminants. The expanded
program shall include placing air pollution monitors near schools,
day care centers, and outdoor recreational facilities that are in
close proximity to, or downwind from, major industrial sources of air
pollutants and toxic air contaminants, including, freeways and major
traffic areas. The purpose of the air pollution monitors shall be to
conduct sampling of air pollution levels affecting children.
Monitoring may include the use of fixed, mobile, and other monitoring
devices, as appropriate.
(c) The expanded monitoring program shall include the following:
(1) Monitoring during multiple seasons and at multiple locations
within each community at schools, day care centers, recreational
facilities, and other locations where children spend most of their
time.
(2) A combination of upgrading existing fixed monitoring sites,
establishing new fixed monitoring sites, and conducting indoor and
outdoor sampling and personal exposure measurements in each community
to provide the most comprehensive data possible on the levels of
children's exposure to air pollutants and toxic air contaminants.
(d) Data collected from expanded air quality monitoring activities
conducted pursuant to this section may be used for any purpose
authorized by law, including, but not limited to, determinations as
to whether an area has attained or has not attained the state and
national ambient air quality standards, if the monitoring devices
from which the data was collected meet the monitoring requirements
specified in Section 58.14 of Title 40 of the Code of Federal
Regulations for special purpose monitors, all other monitoring
requirements of Part 58 of Title 40 of the Code of Federal
Regulations, and all applicable requirements specified in regulations
adopted by the state board.
39618. Refrigerated trailers shall be classified as mobile sources
and shall be regulated by the state board on a statewide basis to
prevent confusion concerning whether the trailers are stationary
sources when not being driven and to prevent inconsistent regulation
by districts of vehicles that are operated in more than one district.
The state board shall develop regulations, on or before January 1,
2000, to achieve reductions in emissions attributable to the
refrigerated trailers.
39619. The Legislature hereby finds and declares all of the
following:
(a) Recent scientific studies have documented significant adverse
public health effects associated with exposure to airborne fine
particles that are smaller than 2.5 microns (PM 2.5).
(b) Federal ambient air quality standards for the control of
particles smaller than 10 microns in diameter (PM 10) will require
additional emission controls in California.
(c) California's existing ambient air quality monitoring program
for PM 10 and PM 2.5 provides inadequate scientific information with
regard to the level of public exposure to, and public health risk
from, airborne fine particles, and therefore must be expanded and
improved to evaluate priorities and establish appropriate control
strategies.
(d) Current proposals for required monitoring of PM 2.5 by the
Environmental Protection Agency may not be appropriate for properly
measuring species of pollutants that comprise the principal
components of airborne fine particles within the state.
(e) California needs to develop an airborne fine particle
monitoring program that reflects the specific nature of California's
fine particle air pollution problem and develops data suitable for
use in exposure evaluations.
(f) California should use the most accurate methods available in
the fine particle monitoring program that are appropriate for use in
California and should strive to avoid duplication of the federal air
monitoring program whenever possible.
39619.5. The state board shall develop and conduct an expanded and
revised program of monitoring of airborne fine particles smaller than
2.5 microns in diameter (PM 2.5). The program shall be designed to
accomplish all of the following:
(a) The monitoring method selected shall be capable of accurately
representing the spectrum of compounds that comprise PM 2.5 in the
atmosphere of regions where monitoring is conducted, including
nitrates and other inorganic compounds, as well as carbonaceous
materials.
(b) To the extent feasible, the state board shall consider
approved federal particulate methods in selecting a monitoring method
for the program.
(c) The monitoring network used in the program shall site monitors
so as to characterize population exposure, background conditions,
and transport influence, and attain any other objective identified by
the state board as necessary to understand conditions and to provide
information for the development of control strategies.
(d) Portable monitors shall be used in locations not now monitored
for PM 10, but where elevated PM 2.5 might be expected.
(e) During the initial two years of expanded monitoring, PM 2.5
monitoring shall be done at one or more of the highest level PM 10
sites in any region that violates the federal ambient air quality
standard for PM 10, to enable a determination of the correlation
between levels of PM 10 and PM 2.5.
(f) In regions where ambient source characterization studies for
PM 2.5 have not been completed, the state board shall work with the
district to develop and conduct those studies.
(g) The state board shall place on its Web site, updated at a
minimum January 1 of each year, the status and results of the
airborne fine particulate air pollution monitoring program.
39619.6. (a) By June 30, 2002, the state board and the State
Department of Health Services, in consultation with the State
Department of Education, the Department of General Services, and the
Office of Environmental Health Hazard Assessment, shall conduct a
comprehensive study and review of the environmental health conditions
in portable classrooms, as defined in subdivision (k) of Section
17070.15 of the Education Code.
(b) The state board and the department shall jointly coordinate
the study, oversee data analysis and quality assurance, coordinate
stakeholder participation, and prepare recommendations. The state
board shall develop and oversee the contract for field work, air
monitoring, and data analysis, and obtain equipment for the study.
The department shall oversee the assessment of ventilation systems
and practices and the evaluation of microbiological contaminants, and
may provide laboratory analyses as needed.
(c) By August 31, 2000, the state board shall release a request
for proposals for the field portion of the study. Field work shall
begin not later than July 2001. The final report shall be completed
on or before June 30, 2002, and shall be provided to the appropriate
policy committees of the Legislature. The study of portable
classrooms shall include all of the following:
(1) Review of design and construction specifications, including
those for ventilation systems.
(2) Review of school maintenance practices, including the actual
operation or nonoperation of ventilation systems.
(3) Assessment of indoor air quality.
(4) Assessment of potential toxic contamination, including molds
and other biological contaminants.
(d) The final report shall summarize the results of the study and
review, and shall include recommendations to remedy and prevent
unhealthful conditions found in portable classrooms, including the
need for all of the following:
(1) Modified design and construction standards, including
ventilation specifications.
(2) Emission limits for building materials and classroom
furnishings.
(3) Other mitigation actions to ensure the protection of children'
s health.
39619.7. (a) A written communication from the state board alleging
that an administrative or civil penalty will be, or could be, imposed
either by the state board or another party, including the Attorney
General, for a violation of air pollution law, shall contain a clear
explanation of all of the following:
(1) The manner in which the administrative or civil penalty amount
was determined, including the aggravating and mitigating factors the
state board considered in arriving at the amount, and, where
applicable, the per unit or per vehicle basis for the penalty.
(2) The provision of law or regulations under which the alleged
violator is being assessed the administrative or civil penalty,
including the reason that provision is most appropriate for that
violation.
(3) Whether the administrative or civil penalty is being assessed
under a provision of law that prohibits the emission of pollution at
a specified level, and if so, a quantification of the specific amount
of pollution emitted in excess of that level, where practicable.
This quantification may be based on estimates or emission factors.
(b) The information described in subdivision (a) and all final
mutual settlement agreements reached between the state board and a
person alleged to have violated air pollution laws shall be made
available to the public.
39619.8. On or before July 1, 2010, the state board, in
consultation with the Public Utilities Commission, the State Energy
Resources Conservation and Development Commission, the State Water
Resources Control Board, and the Independent System Operator, shall
prepare and submit to the Governor and the Legislature a report that
evaluates the electrical system reliability needs of the South Coast
Air Basin and recommends the most effective and efficient means of
meeting those needs while ensuring compliance with state and federal
law, including, but not limited to, all of the following policies and
requirements:
(a) The California Global Warming Solutions Act of 2006 (Division
25.5 (commencing with Section 38500)).
(b) Section 316(b) of the federal Clean Water Act, and any
policies and regulations adopted by the State Water Resources Control
Board as these regulations applied to thermal powerplants within the
basin.
(c) State and federal air pollution laws and regulations,
including, but not limited to, any requirements for emission
reductions credits for new and modified sources of air pollution.
(d) Renewable energy and energy efficiency requirements adopted
pursuant to Division 1 (commencing with Section 201) of the Public
Utilities Code and Division 15 (commencing with Section 25000) of the
Public Resources Code.
(e) Division 13 (commencing with Section 21000) of the Public
Resources Code.
(f) The resource adequacy requirements for load-serving entities
established by the Public Utilities Commission pursuant to Section
380 of the Public Utilities Code.
39600. The state board shall do such acts as may be necessary for
the proper execution of the powers and duties granted to, and imposed
upon, the state board by this division and by any other provision of
law.
39601. (a) The state board shall adopt standards, rules, and
regulations in accordance with the provisions of Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, necessary for the proper execution of the
powers and duties granted to, and imposed upon, the state board by
this division and by any other provision of law.
(b) The state board, by rules and regulations, may revise the
definitions of terms set forth in Chapter 2 (commencing with Section
39010) of Part 1 in order to conform those definitions to federal
laws and rules and regulations.
(c) The standards, rules, and regulations adopted pursuant to this
section shall, to the extent consistent with the responsibilities
imposed under this division, be consistent with the state goal of
providing a decent home and suitable living environment for every
Californian.
39601.5. (a) The state board shall make available to the public all
information described in paragraph (2) of subdivision (b) of Section
11346.2 of the Government Code, related to, but not limited to, air
emissions, public health impacts, and economic impacts, before the
comment period for any regulation proposed for adoption by the state
board.
(b) In meeting the requirement of subdivision (a), the state board
shall not release proprietary, confidential, or otherwise legally
protected business information. The state board shall release
information in aggregated form, where necessary, to protect
proprietary, confidential, or otherwise legally protected business
information.
39602. The state board is designated the air pollution control
agency for all purposes set forth in federal law.
The state board is designated as the state agency responsible for
the preparation of the state implementation plan required by the
Clean Air Act (42 U.S.C., Sec. 7401, et seq.) and, to this end, shall
coordinate the activities of all districts necessary to comply with
that act.
Notwithstanding any other provision of this division, the state
implementation plan shall only include those provisions necessary to
meet the requirements of the Clean Air Act.
39602.5. (a) The state board shall adopt rules and regulations
pursuant to Section 43013 that, in conjunction with other measures
adopted by the state board, the districts, and the United States
Environmental Protection Agency, will achieve ambient air quality
standards required by the federal Clean Air Act (42 U.S.C. Sec. 7401
et seq.) in all areas of the state by the applicable attainment date,
and to maintain these standards thereafter. The state board shall
adopt these measures if they are necessary, technologically feasible,
and cost effective, consistent with Section 43013.
(b) If necessary to carry out its duties under this section, the
state board shall adopt and enforce rules and regulations that
anticipate the development of new technologies or the improvement of
existing technologies. The rules and regulations shall require
standards that the state board finds and determines can likely be
achieved by the compliance date set forth in the rule.
39603. (a) The state board may do both of the following:
(1) Contract for technical advisory services and other services as
may be necessary for the performance of its powers and duties.
(2) Appoint advisory groups and committees as it requires. Members
of committees or advisory groups shall receive one hundred dollars
($100) per day for each day they attend a meeting of the state board
or meet pursuant to a request of the state board, plus actual and
necessary travel expenses incurred while performing their duties.
(b) In appointing advisory groups and committees, the state board
may appoint a number of persons qualified in various fields and
disciplines. Persons appointed shall be kept informed of the issues
before the state board and the work pending before the state board.
When the state board desires the advice, in connection with a
particular problem or problems, of any person so appointed, the
chairperson of the state board may select that person to serve as a
member of a working group or committee for the purpose of providing
the advice. After the working group or committee has given its advice
to the state board, it shall cease to function as a working group or
committee. The financial remuneration specified in paragraph (2) of
subdivision (a) shall be available to persons only during the time
they are serving as members of a working group or committee at the
request of the state board.
39604. (a) The state board shall post on its Web site, at a minimum
by January 1 of each odd-numbered year, information on air quality
conditions and trends statewide and on the status and effectiveness
of state and local air quality programs.
(b) The data shall include, but not be limited to, all of the
following:
(1) A review of air quality trends in each air basin over the most
recent five-calendar-year period for which a complete data record is
available.
(2) A statement of the number of violations of air quality
standards that occurred in each air basin over the most recent two
calendar years for which a complete data record is available, and a
comparison of the number of violations to those in prior years.
(3) A listing of any changes in state ambient air quality
standards adopted by the board over the previous two calendar years.
(4) A summary of the results of research projects concluded during
the previous two years, the status of current research projects, and
the conduct of the research program pursuant to Section 39703.
(5) A summary of any actions taken by the state board to assume
the powers of districts under Section 39808.
(6) A summary of the effects of any significant federal actions
over the previous two years that have affected state air quality or
air quality programs.
(7) A summary of the status of the state implementation plan for
achieving and maintaining ambient air quality standards.
(8) A summary of the state board's actions in the previous two
calendar years to control toxic air pollutants pursuant to Chapter
3.5 (commencing with Section 39650).
(9) A summary of actions of the state board in controlling
emissions from motor vehicles during the previous two-year period.
(10) A summary of significant actions taken by districts to
control emissions from nonvehicular sources during the previous
two-year period. This summary shall not include a district by
district analysis for each district in the state, but shall include
an overall analysis.
39605. To carry out the purposes of this division, the state board
may:
(a) Provide any assistance to any district.
(b) Require any district to provide requested information utilized
in the normal operation of the district or required by a state or
federal statute or regulation.
(c) Hold public hearings.
(d) May accept assistance, financial and otherwise, from any
public entity.
39606. (a) The state board shall do both of the following:
(1) Based upon similar meteorological and geographic conditions
and consideration for political boundary lines whenever practicable,
divide the state into air basins to fulfill the purposes of this
division.
(2) Adopt standards of ambient air quality for each air basin in
consideration of the public health, safety, and welfare, including,
but not limited to, health, illness, irritation to the senses,
aesthetic value, interference with visibility, and effects on the
economy. These standards may vary from one air basin to another.
Standards relating to health effects shall be based upon the
recommendations of the Office of Environmental Health Hazard
Assessment.
(b) In its recommendations for submission to the state board
pursuant to paragraph (2) of subdivision (a), the Office of
Environmental Health Hazard Assessment, to the extent that
information is available, shall assess the following:
(1) Exposure patterns, including, but not limited to, patterns
determined by relevant data supplied by the state board, among
infants and children that are likely to result in disproportionately
high exposure to ambient air pollutants in comparison to the general
population.
(2) Special susceptibility of infants and children to ambient air
pollutants in comparison to the general population.
(3) The effects on infants and children of exposure to ambient air
pollutants and other substances that have a common mechanism of
toxicity.
(4) The interaction of multiple air pollutants on infants and
children, including the interaction between criteria air pollutants
and toxic air contaminants.
(c) In assessing the factors specified in subdivision (b), the
office shall use current principles, practices, and methods used by
public health professionals who are experienced practitioners in the
field of human health effects assessment. The scientific basis or
scientific portion of the method used by the office to assess the
factors set forth in subdivision (b) shall be subject to peer review
as described in Section 57004 or in a manner consistent with the peer
review requirements of Section 57004. Any person may submit any
information for consideration by the entity conducting the peer
review, which may receive oral testimony.
(d) (1) No later than December 31, 2000, the state board in
consultation with the office, shall review all existing health-based
ambient air quality standards to determine whether, based on public
health, scientific literature, and exposure pattern data, the
standards adequately protect the health of the public, including
infants and children, with an adequate margin of safety. The state
board shall publish a report summarizing these findings.
(2) The state board shall revise the highest priority ambient air
quality standard determined to be inadequate to protect infants and
children with an adequate margin of safety, based on its report, no
later than December 31, 2002. Following the revision of the highest
priority standard, the state board shall revise any additional
standards determined to be inadequate to protect infants and children
with an adequate margin of safety, at the rate of at least one per
year. The standards shall be established at levels that adequately
protect the health of the public, including infants and children,
with an adequate margin of safety.
(e) Nothing in this section shall restrict the authority of the
state board to consider additional information in establishing
ambient air quality standards or to adopt an ambient air quality
standard designed to protect vulnerable populations other than
infants and children.
39606.1. (a) On or before January 1, 1997, the state board shall
adopt regulations to designate, and determine the boundaries of, an
air basin known as the Mojave Desert Air Basin. The air basin shall
have a territory that is based upon similar meteorological and
geographical conditions and consideration for political boundary
lines. The air basin shall consist of at least all of the following:
(1) The desert portions of Los Angeles County that, immediately
prior to the date of the adoption of the regulations, were within the
Southeast Desert Air Basin.
(2) The desert portions of Kern County that, immediately prior to
the date of the adoption of the regulations, were within the
Southeast Desert Air Basin.
(3) Any portion of the Mojave Desert Air Quality Management
District that, immediately prior to the date of the adoption of the
regulations, was within the Southeast Desert Air Basin.
(4) Any other area contiguous to the areas indicated in paragraphs
(1) to (3), inclusive, that the state board determines by a
preponderance of the evidence is appropriate for inclusion.
(b) Areas that, immediately prior to the date of the adoption of
the regulations, were within the Southeast Desert Air Basin and are
not included in the Mojave Desert Air Basin shall remain in the
Southeast Desert Air Basin, subject to Section 39606.
39607. The state board shall:
(a) Establish a program to secure data on air quality in each air
basin established by the state board.
(b) Inventory sources of air pollution within the air basins of
the state and determine the kinds and quantity of air pollutants,
including, but not necessarily limited to, the contribution of
natural sources, mobile sources, and area sources of emissions,
including a separate identification of those sources not subject to
district permit requirements, to the extent feasible and necessary to
carry out the purposes of this chapter. The state board shall use,
to the fullest extent, the data of local agencies and other state and
federal agencies in fulfilling this purpose.
(c) Monitor air pollutants in cooperation with districts and with
other agencies to fulfill the purpose of this division.
(d) Adopt test procedures to measure compliance with its
nonvehicular emission standards and those of districts.
(e) Establish and periodically review criteria for designating an
air basin attainment or nonattainment for any state ambient air
quality standard set forth in Section 70200 of Title 17 of the
California Code of Regulations. In developing and reviewing these
criteria, the state board shall consider instances where there is
poor or limited ambient air quality data, and shall consider highly
irregular or infrequent violations. The state board shall provide an
opportunity for public comment on the proposed criteria, and shall
adopt the criteria after a public hearing.
(f) Evaluate, in consultation with the districts and other
interested parties, air quality-related indicators which may be used
to measure or estimate progress in the attainment of state standards
and establish a list of approved indicators. On or before July 1,
1993, the state board shall identify one or more air quality
indicators to be used by districts in assessing progress as required
by subdivision (b) of Section 40924. The state board shall continue
to evaluate the prospective application of air quality indicators
and, upon a finding that adequate air quality modeling capability
exists, shall identify one or more indicators which may be used by
districts in lieu of the annual emission reductions mandated by
subdivision (a) of Section 40914. In no case shall any indicator be
less stringent or less protective, on the basis of overall health
protection, than the annual emission reduction requirement in
subdivision (a) of Section 40914.
(g) Establish, not later than July 1, 1996, a uniform methodology
which may be used by districts in assessing population exposure,
including, but not limited to, reduction in exposure of districtwide
subpopulations such as children, the elderly, and persons with
respiratory disease, to ambient air pollutants at levels above the
state ambient air quality standards, for estimating reductions in
population exposure for the purposes of Sections 40913, 40924, and
41503, and for the establishment of the means by which reductions in
population exposures may be achieved. The methodology adopted
pursuant to this subdivision shall be consistent with the federal
Clean Air Act (42 U.S.C. Sec. 7401 et seq.), and with this division,
including, but not limited to, Section 39610.
39607.3. (a) The state board shall, not later than January 1, 1998,
and triennially thereafter, approve, following a public hearing, an
update to the emission inventory required by subdivision (b) of
Section 39607.
(b) Each inventory update shall include all of the following:
(1) The state board's and each district's best estimates of
emissions from all sources, including, but not limited to, motor
vehicles, nonroad mobile sources, stationary sources, areawide
sources, and biogenic sources.
(2) A detailed verification of source category emission rate data
with available scientific data, including, but not limited to, actual
measurements of pollutants in the atmosphere, and an explanation of
any discrepancies.
(3) An update to a mobile source emission inventory for any air
quality attainment plan required by the federal Clean Air Act (42
U.S.C.A. Sec. 7401 et seq.) or this division, that considers all
available information regarding current and projected vehicle miles
traveled, vehicle trips, demographics, and other nontechnological
factors affecting the mobile source emission inventory, and bases the
mobile source emission inventory upon the best information available
to achieve compliance.
(c) Any emission inventory update approved on or after January 1,
1997, shall comply with this section.
(d) The Legislature hereby finds and declares that it is in the
interests of the state that air quality plans be based on accurate
emission inventories. Inaccurate inventories that do not reflect the
actual emissions into the air can lead to misdirected air quality
control measures, resulting in delayed attainment of standards and
unnecessary and significant costs.
39607.4. On and after January 1, 2007, as part of its
responsibilities under Section 39607, and in order to streamline,
consolidate, and unify the inventory of air emissions under one
agency in state government, the state board shall prepare, adopt, and
update the inventory formerly required to be adopted and updated by
the State Energy Resources Conservation and Development Commission
pursuant to Chapter 8.5 (commencing with Section 25730) of Division
15 of the Public Resources Code.
39607.5. (a) The state board shall develop, and adopt in a public
hearing, a methodology for use by districts to calculate the value of
credits issued for emission reductions from stationary, mobile,
indirect, and areawide sources, including those issued under
market-based incentive programs, when those credits are used
interchangeably.
(b) In developing the methodology, the state board shall do all of
the following:
(1) Ensure that the methodology results in the maintenance and
improvement of air quality consistent with this division.
(2) Allow those credits to be used in a market-based incentive
program adopted pursuant to Section 39616 that requires annual
reductions in emissions through declining annual allocations, and
allow the use of all of those credits, including those from a
market-based incentive program, to meet other stationary or mobile
source requirements that do not expressly prohibit that use.
(3) Ensure that the methodology does not do any of the following:
(A) Result in the crediting of air emissions that already have
been identified as emission reductions necessary to achieve state and
federal ambient air quality standards.
(B) Provide for an additional discount of credits solely as a
result of emission reduction credits trading if a district already
has discounted the credit as part of its process of identifying and
granting those credits to sources.
(C) Otherwise provide for double-counting emission reductions.
(4) Consult with, and consider the suggestions of, the public and
all interested parties, including, but not limited to, the California
Air Pollution Control Officers Association and all affected
regulated entities.
(5) Ensure that any credits, whether they are derived from
stationary, mobile, indirect, or areawide sources, shall be
permanent, enforceable, quantifiable, and surplus.
(6) Ensure that any credits derived from a market-based incentive
program adopted pursuant to Section 39616 are permanent, enforceable,
quantifiable, and are in addition to any required controls, unless
those credits otherwise comply with paragraph (2).
(7) Consider all of the following factors:
(A) How long credits should be valid.
(B) Whether, and which, banking opportunities may exist for
credits.
(C) How to provide flexibility to sources seeking to use credits
so that they remain interchangeable and negotiable until used.
(D) How to ensure a viable trading process for sources wishing to
trade credits consistent with this section.
(E) How to ensure that, if credits may be used within and between
adjacent districts or air basins where sources are in proximity to
one another, the use occurs while maintaining and improving air
quality in both districts or air basins.
(c) If necessary, the state board shall periodically update the
methodology as it applies to future transactions. The state board's
environmental justice advisory committee shall review each updated
methodology.
(d) The state board shall periodically review each district's
emission reduction and credit trading programs to ensure that the
programs comply with the methodology developed pursuant to this
section.
(e) The state board shall post on its Web site, at a minimum by
January 1 each year, actions taken by the state board to implement
this section.
39608. (a) The state board, in consultation with the districts,
shall identify, pursuant to subdivision (e) of Section 39607, and
classify each air basin which is in attainment and each air basin
which is in nonattainment for any state ambient air quality standard.
This identification and classification shall be made on a
pollutant-by-pollutant basis. Where the state board finds that data
is not sufficient to determine the attainment or nonattainment status
for an air basin, the state board shall identify the air basin as
unclassified.
(b) The state board may assign an attainment, nonattainment, or
unclassified designation to one or more areas within any air basin
unless the state board finds and determines that the pollutant for
which the designation applies affects the entire region or is
produced by emission sources throughout the region.
(c) Designations made by the state board shall be reviewed
annually and updated as new information becomes available.
39609. On or before December 31, 1989, and at least every three
years thereafter, the state board shall complete a study on the
feasibility of employing air quality models and other analytical
techniques to distinguish between emission control measures on the
basis of their relative ambient air quality impact. As part of this
study, the state board shall determine whether adequate modeling
capability exists to support the use of air quality indicators or
alternative measures of progress as specified in subdivision (f) of
Section 39607 and Section 40914. The state board shall consult with
districts and affected groups in conducting this study, and, after a
public hearing, shall prepare and transmit its findings to each
district for its use in developing plans pursuant to Chapter 10
(commencing with Section 40910).
39610. (a) Not later than December 31, 1989, the state board shall
identify each air basin, or subregion thereof, in which transported
air pollutants from upwind areas outside the air basin, or subregion
thereof, cause or contribute to a violation of the state ambient air
quality standard for ozone, and shall identify the district of origin
of the transported air pollutants based upon the preponderance of
available evidence. The state board shall identify and determine the
priorities of information and studies needed to make a more accurate
determination, including, but not limited to, emission inventories,
pollutant characterization, ambient air monitoring, and air quality
models.
(b) The state board shall, in cooperation with the districts,
assess the relative contribution of upwind emissions to downwind
ozone ambient air pollutant levels to the extent permitted by
available data, and shall establish mitigation requirements
commensurate with the level of contribution. In assessing the
relative contribution of upwind emissions to downwind ozone ambient
air pollutant levels, the state board shall determine if the
contribution level of transported air pollutants is overwhelming,
significant, inconsequential, or some combination thereof. Any
determination by the state board shall be based upon a preponderance
of the available evidence.
(c) The state board shall make every reasonable effort to supply
air pollutant transport information to heavily impacted districts
prior to the development of plans to attain the state ambient air
quality standards, shall consult with affected upwind and downwind
districts, and shall adopt its findings at a public hearing.
(d) The state board shall review and update its transport analysis
at least once every three years.
(e) The state board shall conduct appropriate studies to carry out
its responsibilities under this section.
39612. (a) In addition to funds that may be appropriated by the
Legislature to the state board to carry out the additional
responsibilities and to undertake necessary technical studies
required by this chapter, the state board may impose additional
permit fees on nonvehicular sources within a district's jurisdiction.
(b) (1) The state board may do any of the following with respect
to the collection of fees on nonvehicular sources imposed pursuant to
subdivision (a):
(A) Upon obtaining the concurrence of the district, require a
district to collect the fees.
(B) Establish a system in which the state board collects the fees
directly.
(C) Contract with any other state agency to collect the fees.
(2) If the state board establishes a system to collect fees
pursuant to subparagraph (B) of paragraph (1) or contracts with
another state agency to collect the fees pursuant to subparagraph (C)
of paragraph (1), each district shall provide any information
necessary to ensure the accurate and efficient collection of the fees
from nonvehicular sources.
(c) The permit fees imposed pursuant to this section shall be
expended only for the purposes of recovering costs of additional
state programs related to nonvehicular sources. Priority for
expenditure of permit fees collected pursuant to this section shall
be given to the following activities:
(1) Identifying air quality-related indicators that may be used to
measure or estimate progress in the attainment of state ambient air
standards pursuant to subdivision (f) of Section 39607.
(2) Establishing a uniform methodology for assessing population
exposure to air pollutants pursuant to subdivision (g) of Section
39607.
(3) Updating the emission inventory pursuant to Section 39607.3,
including emissions that cause or contribute to the nonattainment of
federal ambient air standards.
(4) Identifying, assessing, and establishing the mitigation
requirements for the effects of interbasin transport of air
pollutants pursuant to Section 39610.
(5) Updating the state board's guidance to districts on ranking
control measures for stationary sources based upon the
cost-effectiveness of those measures in reducing air pollution.
(d) The permit fees imposed pursuant to this section shall be
collected from nonvehicular sources that are authorized by district
permits to emit 250 tons or more per year of any nonattainment
pollutant or its precursors.
(e) The permit fees collected pursuant to this section and Section
39613, after deducting the administrative costs of collecting the
fees, shall be transmitted to the Controller for deposit in the Air
Pollution Control Fund.
(f) (1) The total amount of funds collected by fees imposed
pursuant to this section, exclusive of district administrative costs,
may not exceed thirteen million dollars ($13,000,000) in any fiscal
year, unless that limitation is increased pursuant to paragraph (2).
(2) The state board may increase the limitation on the total
amount of funds collected as described in paragraph (1) by an amount
not to exceed the annual percentage change in the California Consumer
Price Index as compiled and reported by the Department of Industrial
Relations.
(g) On or before January 1 of each year, the state board shall
report to the Governor and the Legislature on the expenditure of
permit fees collected pursuant to this section and Section 39613. The
report shall include a report on the status of implementation of the
programs prioritized for funding pursuant to subdivision (c).
39613. The state board shall impose a fee for any consumer product,
as defined in Section 41712, sold in the state and any architectural
coating sold in the state if a manufacturer's total sales of
consumer products or architectural coatings will result in the
emission in the state of 250 tons per year or greater of volatile
organic compounds. Revenues collected from the imposition of this fee
shall be used to mitigate or reduce air pollution in the state
created by consumer products and architectural coatings, as
determined by the state board, and shall be expended solely for those
programs.
39616. (a) The Legislature hereby finds and declares all of the
following:
(1) Several regions in California suffer from some of the worst
air quality in the United States.
(2) While traditional command and control air quality regulatory
programs are effective in cleaning up the air, other options for
improvement in air quality, such as market-based incentive programs,
should be explored, provided that those programs result in equivalent
emission reductions while expending fewer resources and while
maintaining or enhancing the state's economy.
(3) The purpose of this section is to establish requirements under
which a district board may adopt market-based incentive programs in
a manner which achieves the greatest air quality improvement while
strengthening the state's economy and preserving jobs.
(b) (1) A district board may adopt a market-based incentive
program as an element of the district's plan for attainment of the
state or federal ambient air quality standards.
(2) A market-based incentive program that satisfies the conditions
in this section may substitute for current command and control
regulations and future air quality measures that would otherwise have
been adopted as part of the district's plan for attainment, and may
be implemented in lieu of some or all of the control measures adopted
by the district pursuant to Chapter 10 (commencing with Section
40910) of Part 3.
(c) In adopting rules and regulations to implement a market-based
incentive program, a district board shall, at the time that the rules
and regulations are adopted, make express findings, and shall, at
the time that the rules and regulations are submitted to the state
board, submit appropriate information, to substantiate the basis for
making the findings that each of the following conditions is met on
an overall districtwide basis:
(1) The program will result in an equivalent or greater reduction
in emissions at equivalent or less cost compared with current command
and control regulations and future air quality measures that would
otherwise have been adopted as part of the district's plan for
attainment.
(2) The program will provide a level of enforcement and
monitoring, to ensure compliance with emission reduction
requirements, comparable with command and control air quality
measures that would otherwise have been adopted by the district for
inclusion in the district's plan for attainment.
(3) The program will establish a baseline methodology that
provides appropriate credit so that stationary sources of air
pollution which have been modified prior to implementation of the
program to reduce stationary source emissions are treated equitably.
(4) The program will not result in a greater loss of jobs or more
significant shifts from higher to lower skilled jobs, on an overall
districtwide basis, than that which would exist under command and
control air quality measures that would otherwise have been adopted
as part of the district's plan for attainment. A finding of
compliance with this requirement may be made in the same manner as
the analyses made by the district to meet the requirements of Section
40728.5.
(5) The program will promote the privatization of compliance and
the availability of data in computer format. The district shall
endeavor to provide sources with the option to keep records by way of
electronic or computer data storage systems, rather than mechanical
devices such as strip chart recorders.
(6) The program will not in any manner delay, postpone, or
otherwise hinder district compliance with Chapter 10 (commencing with
Section 40910) of Part 3.
(7) The program will not result in disproportionate impacts,
measured on an aggregate basis, on those stationary sources included
in the program compared to other permitted stationary sources in the
district's plan for attainment.
(d) (1) A district's plan for attainment or plan revision
submitted to the state board prior to January 1, 1993, shall be
designed to achieve equivalent emission reductions and reduced cost
and job impacts compared to current command and control regulations
and future air quality measures that would otherwise have been
adopted as part of the district's plan for attainment. A district
shall not implement a market-based incentive program unless the state
board has determined that the plan or plan revision complies with
this paragraph.
(2) A plan or plan revision submitted on or after January 1, 1993,
shall be designed to meet the provisions of subdivision (c) and
Section 40440.1 if applicable. The state board shall approve the plan
or plan revision prior to program implementation, and shall make its
determination not later than 90 days from the date of submittal of
the plan or plan revision.
(3) Upon the adoption of rules and regulations to implement the
program in accordance with subdivision (c), the district shall submit
the rules and regulations to the state board. The state board shall,
within 90 days from the date of submittal, determine whether the
rules and regulations meet the requirements of this section and
Section 40440.1, if applicable. This paragraph does not prohibit the
district from implementing the program upon the approval of the plan
or plan revision and prior to submittal of the rules and regulations.
(e) Within five years from the date of adoption of a market-based
incentive program, the district board shall commence public hearings
to reassess the program and shall, not later than seven years from
the date of the district's initial adoption of the program, ratify
the findings required pursuant to paragraphs (1), (2), (5), and (6)
of subdivision (c) and the district's compliance with Section
40440.1, if applicable, with the concurrence of the state board. If
the district board fails to ratify the findings within the seven-year
period, the district board shall make appropriate revisions to the
district's plan for attainment.
(f) The district board shall reassess a market-based incentive
program if the market price of emission trading units exceeds a
predetermined level set by the district board. The district board may
take action to revise the program. A predetermined market price
review level shall be set in a public hearing in consideration of the
costs of command and control air quality measures that would
otherwise have been adopted as part of the district's plan for
attainment, costs and factors submitted by interested parties, and
any other factors considered appropriate by the district board. The
district board may revise the market price review level for emission
trading units every three years during attainment plan updates
required under Section 40925. In revising the market price review
level, the district board shall consider the factors used in setting
the initial market price review level as well as other economic
impacts, including the overall impact of the program on job loss,
rate of business formation, and rate of business closure.
(g) For sources not included in market-based incentive programs,
this section does not apply to, and shall in no way limit, existing
district authority to facilitate compliance with particular emission
control measures by imposing or authorizing sourcewide emission caps,
alternative emission control plans, stationary for mobile source
emission trades, mobile for mobile source emission trades, and
similar measures, whether imposed or authorized by rule or permit
condition.
(h) This section does not apply to the implementation of
market-based transportation control measures which do not involve
emissions trading.
39616.5. (a) The state board shall not adopt any regulation that
excludes the importation of compliant diesel fuel by entities that do
not have refineries in California.
(b) For the purposes of this section, "compliant diesel fuel"
means a diesel fuel that complies with the designated equivalent
limits in paragraph (1) of subdivision (h) of Section 2282 of Title
13 of the California Code of Regulations.
(c) The state board may designate a fuel as a compliant diesel
fuel if an importer demonstrates that the relevant properties of the
diesel fuel to be imported are equivalent to the properties of
California Air Resources Board (CARB) diesel fuel blends being
certified for sale in California.
(d) For the purposes of this section, "relevant properties"
include all of the following:
(1) Aromatic hydrocarbon content.
(2) Polycyclic aromatic hydrocarbon content.
(3) API gravity.
(4) Cetane number.
(5) Nitrogen content.
(6) Sulfur content.
39617. Any rule, regulation, or control measure adopted pursuant to
this division which allows for the use of mobile source emission
reduction credits through the acceleration of the retirement of
in-use motor vehicles, the repair or retirement of gross-polluting
and other high-emitting vehicles, or other similar methods of
reducing air pollution shall allow the person using the method to
calculate the emission reductions by any of the following methods:
(a) The measurement of actual air emissions from those motor
vehicles repaired or retired as a result of the rule, regulation, or
control measure, pursuant to the methodology and criteria established
pursuant to Section 39607.5, or, prior to adoption of the
methodology by the state board, by any alternate methodology approved
by the agency which has adopted the rule, regulation, or control
measure, if that methodology is consistent with federal law and with
subdivision (b) of Section 39607.5.
(b) The use of a statistically representative sample of the motor
vehicles repaired or retired as a result of the rule, regulation, or
control measure, utilizing the methodology and criteria established
pursuant to Section 39607.5, or, prior to adoption of the methodology
by the state board, by any alternate methodology approved by the
agency which has adopted the rule, regulation, or control measure, if
that methodology is consistent with federal law and with subdivision
(b) of Section 39607.5.
(c) The use of vehicle fleet average emissions, as determined by
the state board.
(d) This section does not apply to any motor vehicle specified in
subdivision (a), (b), (f), or (k) of Section 34500 of the Vehicle
Code.
39617.5. (a) Not later than January 1, 2003, the state board shall
do all of the following:
(1) Evaluate the adequacy of the current monitoring network for
its ability to gather the data necessary to determine the exposure of
infants and children to air pollutants including criteria air
pollutants and toxic air contaminants.
(2) Identify areas where the exposure of infants and children to
air pollutants is not adequately measured by the current monitoring
network.
(3) Recommend changes to improve air pollution monitoring networks
and data collection to more accurately reflect the exposure of
infants and children to air pollutants.
(b) In carrying out this section, the state board, in cooperation
with the districts, shall expand its existing monitoring program in
six communities around the state in nonattainment areas, as selected
by the state board, to include special monitoring of children's
exposure to air pollutants and toxic contaminants. The expanded
program shall include placing air pollution monitors near schools,
day care centers, and outdoor recreational facilities that are in
close proximity to, or downwind from, major industrial sources of air
pollutants and toxic air contaminants, including, freeways and major
traffic areas. The purpose of the air pollution monitors shall be to
conduct sampling of air pollution levels affecting children.
Monitoring may include the use of fixed, mobile, and other monitoring
devices, as appropriate.
(c) The expanded monitoring program shall include the following:
(1) Monitoring during multiple seasons and at multiple locations
within each community at schools, day care centers, recreational
facilities, and other locations where children spend most of their
time.
(2) A combination of upgrading existing fixed monitoring sites,
establishing new fixed monitoring sites, and conducting indoor and
outdoor sampling and personal exposure measurements in each community
to provide the most comprehensive data possible on the levels of
children's exposure to air pollutants and toxic air contaminants.
(d) Data collected from expanded air quality monitoring activities
conducted pursuant to this section may be used for any purpose
authorized by law, including, but not limited to, determinations as
to whether an area has attained or has not attained the state and
national ambient air quality standards, if the monitoring devices
from which the data was collected meet the monitoring requirements
specified in Section 58.14 of Title 40 of the Code of Federal
Regulations for special purpose monitors, all other monitoring
requirements of Part 58 of Title 40 of the Code of Federal
Regulations, and all applicable requirements specified in regulations
adopted by the state board.
39618. Refrigerated trailers shall be classified as mobile sources
and shall be regulated by the state board on a statewide basis to
prevent confusion concerning whether the trailers are stationary
sources when not being driven and to prevent inconsistent regulation
by districts of vehicles that are operated in more than one district.
The state board shall develop regulations, on or before January 1,
2000, to achieve reductions in emissions attributable to the
refrigerated trailers.
39619. The Legislature hereby finds and declares all of the
following:
(a) Recent scientific studies have documented significant adverse
public health effects associated with exposure to airborne fine
particles that are smaller than 2.5 microns (PM 2.5).
(b) Federal ambient air quality standards for the control of
particles smaller than 10 microns in diameter (PM 10) will require
additional emission controls in California.
(c) California's existing ambient air quality monitoring program
for PM 10 and PM 2.5 provides inadequate scientific information with
regard to the level of public exposure to, and public health risk
from, airborne fine particles, and therefore must be expanded and
improved to evaluate priorities and establish appropriate control
strategies.
(d) Current proposals for required monitoring of PM 2.5 by the
Environmental Protection Agency may not be appropriate for properly
measuring species of pollutants that comprise the principal
components of airborne fine particles within the state.
(e) California needs to develop an airborne fine particle
monitoring program that reflects the specific nature of California's
fine particle air pollution problem and develops data suitable for
use in exposure evaluations.
(f) California should use the most accurate methods available in
the fine particle monitoring program that are appropriate for use in
California and should strive to avoid duplication of the federal air
monitoring program whenever possible.
39619.5. The state board shall develop and conduct an expanded and
revised program of monitoring of airborne fine particles smaller than
2.5 microns in diameter (PM 2.5). The program shall be designed to
accomplish all of the following:
(a) The monitoring method selected shall be capable of accurately
representing the spectrum of compounds that comprise PM 2.5 in the
atmosphere of regions where monitoring is conducted, including
nitrates and other inorganic compounds, as well as carbonaceous
materials.
(b) To the extent feasible, the state board shall consider
approved federal particulate methods in selecting a monitoring method
for the program.
(c) The monitoring network used in the program shall site monitors
so as to characterize population exposure, background conditions,
and transport influence, and attain any other objective identified by
the state board as necessary to understand conditions and to provide
information for the development of control strategies.
(d) Portable monitors shall be used in locations not now monitored
for PM 10, but where elevated PM 2.5 might be expected.
(e) During the initial two years of expanded monitoring, PM 2.5
monitoring shall be done at one or more of the highest level PM 10
sites in any region that violates the federal ambient air quality
standard for PM 10, to enable a determination of the correlation
between levels of PM 10 and PM 2.5.
(f) In regions where ambient source characterization studies for
PM 2.5 have not been completed, the state board shall work with the
district to develop and conduct those studies.
(g) The state board shall place on its Web site, updated at a
minimum January 1 of each year, the status and results of the
airborne fine particulate air pollution monitoring program.
39619.6. (a) By June 30, 2002, the state board and the State
Department of Health Services, in consultation with the State
Department of Education, the Department of General Services, and the
Office of Environmental Health Hazard Assessment, shall conduct a
comprehensive study and review of the environmental health conditions
in portable classrooms, as defined in subdivision (k) of Section
17070.15 of the Education Code.
(b) The state board and the department shall jointly coordinate
the study, oversee data analysis and quality assurance, coordinate
stakeholder participation, and prepare recommendations. The state
board shall develop and oversee the contract for field work, air
monitoring, and data analysis, and obtain equipment for the study.
The department shall oversee the assessment of ventilation systems
and practices and the evaluation of microbiological contaminants, and
may provide laboratory analyses as needed.
(c) By August 31, 2000, the state board shall release a request
for proposals for the field portion of the study. Field work shall
begin not later than July 2001. The final report shall be completed
on or before June 30, 2002, and shall be provided to the appropriate
policy committees of the Legislature. The study of portable
classrooms shall include all of the following:
(1) Review of design and construction specifications, including
those for ventilation systems.
(2) Review of school maintenance practices, including the actual
operation or nonoperation of ventilation systems.
(3) Assessment of indoor air quality.
(4) Assessment of potential toxic contamination, including molds
and other biological contaminants.
(d) The final report shall summarize the results of the study and
review, and shall include recommendations to remedy and prevent
unhealthful conditions found in portable classrooms, including the
need for all of the following:
(1) Modified design and construction standards, including
ventilation specifications.
(2) Emission limits for building materials and classroom
furnishings.
(3) Other mitigation actions to ensure the protection of children'
s health.
39619.7. (a) A written communication from the state board alleging
that an administrative or civil penalty will be, or could be, imposed
either by the state board or another party, including the Attorney
General, for a violation of air pollution law, shall contain a clear
explanation of all of the following:
(1) The manner in which the administrative or civil penalty amount
was determined, including the aggravating and mitigating factors the
state board considered in arriving at the amount, and, where
applicable, the per unit or per vehicle basis for the penalty.
(2) The provision of law or regulations under which the alleged
violator is being assessed the administrative or civil penalty,
including the reason that provision is most appropriate for that
violation.
(3) Whether the administrative or civil penalty is being assessed
under a provision of law that prohibits the emission of pollution at
a specified level, and if so, a quantification of the specific amount
of pollution emitted in excess of that level, where practicable.
This quantification may be based on estimates or emission factors.
(b) The information described in subdivision (a) and all final
mutual settlement agreements reached between the state board and a
person alleged to have violated air pollution laws shall be made
available to the public.
39619.8. On or before July 1, 2010, the state board, in
consultation with the Public Utilities Commission, the State Energy
Resources Conservation and Development Commission, the State Water
Resources Control Board, and the Independent System Operator, shall
prepare and submit to the Governor and the Legislature a report that
evaluates the electrical system reliability needs of the South Coast
Air Basin and recommends the most effective and efficient means of
meeting those needs while ensuring compliance with state and federal
law, including, but not limited to, all of the following policies and
requirements:
(a) The California Global Warming Solutions Act of 2006 (Division
25.5 (commencing with Section 38500)).
(b) Section 316(b) of the federal Clean Water Act, and any
policies and regulations adopted by the State Water Resources Control
Board as these regulations applied to thermal powerplants within the
basin.
(c) State and federal air pollution laws and regulations,
including, but not limited to, any requirements for emission
reductions credits for new and modified sources of air pollution.
(d) Renewable energy and energy efficiency requirements adopted
pursuant to Division 1 (commencing with Section 201) of the Public
Utilities Code and Division 15 (commencing with Section 25000) of the
Public Resources Code.
(e) Division 13 (commencing with Section 21000) of the Public
Resources Code.
(f) The resource adequacy requirements for load-serving entities
established by the Public Utilities Commission pursuant to Section
380 of the Public Utilities Code.
