42500. This chapter shall be known, and may be cited, as the
Protect California Air Act of 2003.
42501. The Legislature finds and declares all of the following:
(a) For over 25 years, the federal Clean Air Act (42 U.S.C. Sec.
7401, et seq.) has required major new and modified sources of air
pollution to be subject to a new source review program for
nonattainment areas and for the prevention of significant
deterioration, in order to ensure that those sources use the
requisite level of emission control, offset any new emissions, and
comply with other requirements, as a means of ensuring that those new
and modified sources do not adversely affect air quality.
(b) Requiring controls and emission offsets for new and modified
sources ensures that industrial growth does not result in
unacceptable levels of air pollution and that existing sources
operate more cleanly over time by applying emission controls when
those sources are overhauled or upgraded. Without these limits, air
quality would degrade over time, and industrial growth, critical to
the economic health of the state, would be foreclosed.
(c) The new source review program has been a cornerstone of the
state's efforts to reduce pollution from new and existing industrial
sources by requiring those sources to use the requisite level of
emission controls based on the attainment status of the area where
the source is located.
(d) The U.S. Environmental Protection Agency (U.S. E.P.A.)
initially promulgated, and subsequently has revised, the new source
review program to carry out the requirements of the federal Clean Air
Act for preconstruction review of new and modified sources of air
pollutants by the states.
(e) On December 31, 2002, the U.S. E.P.A., under the direction of
the President of the United States, promulgated regulations that
substantially weaken the basic federal new source review program (67
Fed.Reg. 80186-80289 (Dec. 31, 2002)). In promulgating the regulatory
amendments, the U.S. E.P.A. claims that the new source review
program has impeded or resulted in the cancellation of projects that
would maintain or improve reliability, efficiency, and safety. This
claim is contradicted by California's experience under the new source
review programs of the air pollution control and air quality
management districts.
(f) The amendments promulgated December 31, 2002, will drastically
reduce the circumstances under which modifications at an existing
source would be subject to federal new source review. The U.S. E.P.A.
has also proposed a rule that will change the definition of "routine
maintenance, repair and replacement." If that rule is finalized, it
will significantly worsen the situation.
(g) The newly revised and proposed federal new source review
reneges on the promise of clean air embodied in the federal Clean Air
Act, and threatens to undermine the air quality of the State of
California and thereby threaten the health and safety of the people
of the State of California.
(h) Section 107 of the federal Clean Air Act (42 U.S.C. Sec. 7407)
provides that the state has primary responsibility for meeting
ambient air quality standards in all areas of the state, and that the
means to achieve the standards shall be set out in the state
implementation plan, or SIP.
(i) Section 116 of the federal Clean Air Act (42 U.S.C. Sec. 7416)
preserves the right of states to adopt air pollution control
requirements that are more stringent than comparable federal
requirements. Moreover, the recent revisions to the federal new
source review regulations provide that the states may adopt
permitting programs that are "at least as stringent" as the new
federal "revised base program," and that the federal regulations
"certainly do not have the goal of 'preempting' State creativity or
innovation." (67 Fed.Reg. 80241 (Dec. 31, 2002)).
42502. The Legislature further finds and declares all of the
following:
(a) The people of the State of California have a primary interest
in safeguarding the air quality in the state from degradation and in
ensuring the enhancement of the air quality of the state.
(b) Emissions from nonvehicular sources are a significant
contributing factor to unhealthful levels of air pollution in
California. These emissions must be controlled to protect public
health and the environment, and to allow the economic benefits of new
and expanded business in this state without compromising those
important goals.
(c) Under state law, air quality management districts and air
pollution control districts have primary responsibility for
controlling air pollution caused by nonvehicular sources, including
stationary sources. The primary mechanism for controlling pollution
from new and modified stationary sources is the existing new source
review program of the districts. The application of the new source
review programs requires that all new and modified sources, unless
specifically exempted, must apply control technology and offset
emissions increases as a condition of receiving a permit.
(d) The districts generally require the application of the lowest
achievable emission rate, also known as California BACT, to achieve
the necessary level of emission control from new or modified sources.
(e) The requirement for California BACT, offsets, and other
requirements are set out in the rules and regulations adopted by the
districts to establish the new source review program. These rules and
regulations, which typically are more stringent than the minimum
requirements established by federal law, are reviewed and approved by
the state board and transmitted to the U.S. E.P.A. for inclusion in
the SIP.
(f) The districts have one of the most effective new source review
programs in the nation, with requirements for advanced emission
control technology on new and expanding sources as its foundation.
This technology-based program succeeds by requiring application of
emission control technology at the time of construction or when a
source undergoes a significant modification, which maximizes the
emission reduction benefits and reduces costs.
(g) With this and other programs, California has been able to
improve air quality despite increases in population, industrial
output, and motor vehicle use. However, significant areas of the
state still do not meet the federal or state ambient air quality
standards, which are set at levels necessary to protect public health
and welfare. Any rollback of the new source review program, as a
result of the federal "reforms," would exacerbate the continuing air
pollution challenges faced by the state and delay attainment of the
state and federal ambient air quality standards.
42503. The purposes of this chapter are all of the following:
(a) To attain and maintain state and federal ambient air quality
standards by the earliest practicable date.
(b) To protect public health and welfare from any actual or
potential adverse effect which reasonably may be anticipated to occur
from air pollution.
(c) To preserve, protect and enhance the air quality in national
parks, national wilderness areas, national monuments, national
seashores, and other areas of special national or regional natural,
recreational, scenic, or historic value.
(d) To ensure that economic growth will occur in a manner
consistent with the preservation of existing clean air resources.
(e) To ensure that emissions from any source in the state will not
interfere with any portion of the applicable implementation plan to
prevent significant deterioration of air quality for this or any
other state.
(f) To ensure that any decision to permit increased air pollution
in any area to which this chapter applies is made only after careful
evaluation of all the consequences of that decision and after
adequate procedural opportunities for informed public participation
in the decisionmaking process.
42504. (a) No air quality management district or air pollution
control district may amend or revise its new source review rules or
regulations to be less stringent than those that existed on December
30, 2002. If the state board finds, after a public hearing, that a
district's rules or regulations are not equivalent to or more
stringent than the rules or regulations that existed on December 30,
2002, the state board shall promptly adopt for that district the
rules or regulations that may be necessary to establish equivalency,
consistent with subdivision (b).
(b) (1) In amending or revising its new source review rules or
regulations, a district may not change any of the following that
existed on December 30, 2002, if the amendments or revisions would
exempt, relax or reduce the obligations of a stationary source for
any of the requirements listed in paragraph (2):
(A) The applicability determination for new source review.
(B) The definition of modification, major modification, routine
maintenance, or repair or replacement.
(C) The calculation methodology, thresholds or other procedures of
new source review.
(D) Any definitions or requirements of the new source review
regulations.
(2) (A) Any requirements to obtain new source review or other
permits to construct, prior to commencement of construction.
(B) Any requirements for best available control technology (BACT).
(C) Any requirements for air quality impact analysis.
(D) Any requirements for recordkeeping, monitoring and reporting
in a manner that would make recordkeeping, monitoring, or reporting
less representative, enforceable, or publicly accessible.
(E) Any requirements for regulating any air pollutant covered by
the new source review rules and regulations.
(F) Any requirements for public participation, including a public
comment period, public notification, public hearing, or other
opportunities or forms of public participation, prior to issuance of
permits to construct.
(c) In amending or revising its new source review rules or
regulations, a district may change any of the items in paragraph (1)
of subdivision (b) only if the change is more stringent than the new
source review rules or regulations that existed on December 30, 2002.
(d) Notwithstanding subdivisions (a), (b), and (c), a district may
amend or revise a rule or regulation if a district board, at the
time the amendments or revisions are adopted, makes its decision
based upon substantial evidence in the record, the amendments or
revisions are submitted to and approved by the state board after a
public hearing, and each of the following conditions is met:
(1) The amended or revised rule or regulation will do one of the
following:
(A) Will replace an existing rule or regulation that caused a risk
to public health or safety from exposure to a toxic material, a
dangerous condition, or an infectious disease with a rule or
regulation that provides greater protection to public health or
safety.
(B) Will replace an existing rule or regulation that has been
found to be unworkable due to engineering or other technical problems
with a rule or regulation that is effective.
(C) Will allow an amendment to an existing rule or regulation that
otherwise will cause substantial hardship to a business, industry,
or category of sources, if all of the following criteria are met:
(i) The amendment is narrowly tailored to relieve the identified
hardship.
(ii) The district provides equivalent reductions in emissions of
air contaminants to offset any increase in emissions of air
contaminants.
(iii) All reductions in emissions of air contaminants are real,
surplus, quantifiable, verifiable, enforceable, and timely. For the
purposes of this clause, reductions are timely if they occur no more
than three years prior to, and no more than three years following,
the occurrence of the increase in emissions of air contaminants.
(iv) Information regarding the reductions in emissions of air
contaminants is available to the public.
(D) Is a temporary rule or regulation necessary to respond to an
emergency consisting of a sudden, unexpected occurrence and demanding
prompt action to prevent or mitigate loss of or damage to life,
health, property, or essential services and the temporary rule or
regulation does not extend beyond the reasonably anticipated duration
of the emergency.
(E) Will not, if the district is in attainment with all national
ambient air quality standards, impair or impede continued maintenance
of those standards or progress toward achieving attainment of state
ambient air quality standards.
(2) The amended or revised rule or regulation will not exempt,
relax, or reduce the obligation of any stationary source under the
rules or regulations of the district, as those rules or regulations
existed on December 30, 2002, to obtain a permit or to meet best
available control technology requirements. This paragraph only
applies to a source that constituted a major source under the rules
or regulations of a district that existed on December 30, 2002, and
does not apply to any individual best available control technology
determination.
(3) The amended or revised rule or regulation is otherwise
consistent with this division.
(4) The amended or revised rule or regulation is consistent with
any guidance approved by the state board regarding environmental
justice.
42505. For purposes of this chapter, each district's "existing new
source review program" is comprised of those new source review rules
and regulations for both nonattainment and prevention of significant
deterioration for new, modified, repaired, or replaced sources that
have been adopted by the district governing board on or prior to
December 30, 2002, that have been submitted to the U.S. Environmental
Protection Agency by the state board for inclusion in the state
implementation plan and are pending approval or have been approved by
the U.S. Environmental Protection Agency.
42506. In order to assist in interpreting district rules and
regulations governing new source review for nonattainment areas and
for prevention of significant deterioration, the state board shall
provide on its Web site and in writing for purchase by the public, a
copy of the federal new source review regulations as they existed on
December 30, 2002, and the United States Environmental Protection
Agency's guidance document entitled, "New Source Review Workshop
Manual: Prevention of Significant Deterioration and Nonattainment
Area Permitting," (October 1990 Draft).
42507. If any provision of this chapter or the application thereof
to any person or circumstance is held invalid, it is the intent of
the Legislature that the invalidity not affect other provisions or
applications of the chapter that can be given effect without the
invalid provision or application, and to this end the provisions of
this chapter are severable.
42500. This chapter shall be known, and may be cited, as the
Protect California Air Act of 2003.
42501. The Legislature finds and declares all of the following:
(a) For over 25 years, the federal Clean Air Act (42 U.S.C. Sec.
7401, et seq.) has required major new and modified sources of air
pollution to be subject to a new source review program for
nonattainment areas and for the prevention of significant
deterioration, in order to ensure that those sources use the
requisite level of emission control, offset any new emissions, and
comply with other requirements, as a means of ensuring that those new
and modified sources do not adversely affect air quality.
(b) Requiring controls and emission offsets for new and modified
sources ensures that industrial growth does not result in
unacceptable levels of air pollution and that existing sources
operate more cleanly over time by applying emission controls when
those sources are overhauled or upgraded. Without these limits, air
quality would degrade over time, and industrial growth, critical to
the economic health of the state, would be foreclosed.
(c) The new source review program has been a cornerstone of the
state's efforts to reduce pollution from new and existing industrial
sources by requiring those sources to use the requisite level of
emission controls based on the attainment status of the area where
the source is located.
(d) The U.S. Environmental Protection Agency (U.S. E.P.A.)
initially promulgated, and subsequently has revised, the new source
review program to carry out the requirements of the federal Clean Air
Act for preconstruction review of new and modified sources of air
pollutants by the states.
(e) On December 31, 2002, the U.S. E.P.A., under the direction of
the President of the United States, promulgated regulations that
substantially weaken the basic federal new source review program (67
Fed.Reg. 80186-80289 (Dec. 31, 2002)). In promulgating the regulatory
amendments, the U.S. E.P.A. claims that the new source review
program has impeded or resulted in the cancellation of projects that
would maintain or improve reliability, efficiency, and safety. This
claim is contradicted by California's experience under the new source
review programs of the air pollution control and air quality
management districts.
(f) The amendments promulgated December 31, 2002, will drastically
reduce the circumstances under which modifications at an existing
source would be subject to federal new source review. The U.S. E.P.A.
has also proposed a rule that will change the definition of "routine
maintenance, repair and replacement." If that rule is finalized, it
will significantly worsen the situation.
(g) The newly revised and proposed federal new source review
reneges on the promise of clean air embodied in the federal Clean Air
Act, and threatens to undermine the air quality of the State of
California and thereby threaten the health and safety of the people
of the State of California.
(h) Section 107 of the federal Clean Air Act (42 U.S.C. Sec. 7407)
provides that the state has primary responsibility for meeting
ambient air quality standards in all areas of the state, and that the
means to achieve the standards shall be set out in the state
implementation plan, or SIP.
(i) Section 116 of the federal Clean Air Act (42 U.S.C. Sec. 7416)
preserves the right of states to adopt air pollution control
requirements that are more stringent than comparable federal
requirements. Moreover, the recent revisions to the federal new
source review regulations provide that the states may adopt
permitting programs that are "at least as stringent" as the new
federal "revised base program," and that the federal regulations
"certainly do not have the goal of 'preempting' State creativity or
innovation." (67 Fed.Reg. 80241 (Dec. 31, 2002)).
42502. The Legislature further finds and declares all of the
following:
(a) The people of the State of California have a primary interest
in safeguarding the air quality in the state from degradation and in
ensuring the enhancement of the air quality of the state.
(b) Emissions from nonvehicular sources are a significant
contributing factor to unhealthful levels of air pollution in
California. These emissions must be controlled to protect public
health and the environment, and to allow the economic benefits of new
and expanded business in this state without compromising those
important goals.
(c) Under state law, air quality management districts and air
pollution control districts have primary responsibility for
controlling air pollution caused by nonvehicular sources, including
stationary sources. The primary mechanism for controlling pollution
from new and modified stationary sources is the existing new source
review program of the districts. The application of the new source
review programs requires that all new and modified sources, unless
specifically exempted, must apply control technology and offset
emissions increases as a condition of receiving a permit.
(d) The districts generally require the application of the lowest
achievable emission rate, also known as California BACT, to achieve
the necessary level of emission control from new or modified sources.
(e) The requirement for California BACT, offsets, and other
requirements are set out in the rules and regulations adopted by the
districts to establish the new source review program. These rules and
regulations, which typically are more stringent than the minimum
requirements established by federal law, are reviewed and approved by
the state board and transmitted to the U.S. E.P.A. for inclusion in
the SIP.
(f) The districts have one of the most effective new source review
programs in the nation, with requirements for advanced emission
control technology on new and expanding sources as its foundation.
This technology-based program succeeds by requiring application of
emission control technology at the time of construction or when a
source undergoes a significant modification, which maximizes the
emission reduction benefits and reduces costs.
(g) With this and other programs, California has been able to
improve air quality despite increases in population, industrial
output, and motor vehicle use. However, significant areas of the
state still do not meet the federal or state ambient air quality
standards, which are set at levels necessary to protect public health
and welfare. Any rollback of the new source review program, as a
result of the federal "reforms," would exacerbate the continuing air
pollution challenges faced by the state and delay attainment of the
state and federal ambient air quality standards.
42503. The purposes of this chapter are all of the following:
(a) To attain and maintain state and federal ambient air quality
standards by the earliest practicable date.
(b) To protect public health and welfare from any actual or
potential adverse effect which reasonably may be anticipated to occur
from air pollution.
(c) To preserve, protect and enhance the air quality in national
parks, national wilderness areas, national monuments, national
seashores, and other areas of special national or regional natural,
recreational, scenic, or historic value.
(d) To ensure that economic growth will occur in a manner
consistent with the preservation of existing clean air resources.
(e) To ensure that emissions from any source in the state will not
interfere with any portion of the applicable implementation plan to
prevent significant deterioration of air quality for this or any
other state.
(f) To ensure that any decision to permit increased air pollution
in any area to which this chapter applies is made only after careful
evaluation of all the consequences of that decision and after
adequate procedural opportunities for informed public participation
in the decisionmaking process.
42504. (a) No air quality management district or air pollution
control district may amend or revise its new source review rules or
regulations to be less stringent than those that existed on December
30, 2002. If the state board finds, after a public hearing, that a
district's rules or regulations are not equivalent to or more
stringent than the rules or regulations that existed on December 30,
2002, the state board shall promptly adopt for that district the
rules or regulations that may be necessary to establish equivalency,
consistent with subdivision (b).
(b) (1) In amending or revising its new source review rules or
regulations, a district may not change any of the following that
existed on December 30, 2002, if the amendments or revisions would
exempt, relax or reduce the obligations of a stationary source for
any of the requirements listed in paragraph (2):
(A) The applicability determination for new source review.
(B) The definition of modification, major modification, routine
maintenance, or repair or replacement.
(C) The calculation methodology, thresholds or other procedures of
new source review.
(D) Any definitions or requirements of the new source review
regulations.
(2) (A) Any requirements to obtain new source review or other
permits to construct, prior to commencement of construction.
(B) Any requirements for best available control technology (BACT).
(C) Any requirements for air quality impact analysis.
(D) Any requirements for recordkeeping, monitoring and reporting
in a manner that would make recordkeeping, monitoring, or reporting
less representative, enforceable, or publicly accessible.
(E) Any requirements for regulating any air pollutant covered by
the new source review rules and regulations.
(F) Any requirements for public participation, including a public
comment period, public notification, public hearing, or other
opportunities or forms of public participation, prior to issuance of
permits to construct.
(c) In amending or revising its new source review rules or
regulations, a district may change any of the items in paragraph (1)
of subdivision (b) only if the change is more stringent than the new
source review rules or regulations that existed on December 30, 2002.
(d) Notwithstanding subdivisions (a), (b), and (c), a district may
amend or revise a rule or regulation if a district board, at the
time the amendments or revisions are adopted, makes its decision
based upon substantial evidence in the record, the amendments or
revisions are submitted to and approved by the state board after a
public hearing, and each of the following conditions is met:
(1) The amended or revised rule or regulation will do one of the
following:
(A) Will replace an existing rule or regulation that caused a risk
to public health or safety from exposure to a toxic material, a
dangerous condition, or an infectious disease with a rule or
regulation that provides greater protection to public health or
safety.
(B) Will replace an existing rule or regulation that has been
found to be unworkable due to engineering or other technical problems
with a rule or regulation that is effective.
(C) Will allow an amendment to an existing rule or regulation that
otherwise will cause substantial hardship to a business, industry,
or category of sources, if all of the following criteria are met:
(i) The amendment is narrowly tailored to relieve the identified
hardship.
(ii) The district provides equivalent reductions in emissions of
air contaminants to offset any increase in emissions of air
contaminants.
(iii) All reductions in emissions of air contaminants are real,
surplus, quantifiable, verifiable, enforceable, and timely. For the
purposes of this clause, reductions are timely if they occur no more
than three years prior to, and no more than three years following,
the occurrence of the increase in emissions of air contaminants.
(iv) Information regarding the reductions in emissions of air
contaminants is available to the public.
(D) Is a temporary rule or regulation necessary to respond to an
emergency consisting of a sudden, unexpected occurrence and demanding
prompt action to prevent or mitigate loss of or damage to life,
health, property, or essential services and the temporary rule or
regulation does not extend beyond the reasonably anticipated duration
of the emergency.
(E) Will not, if the district is in attainment with all national
ambient air quality standards, impair or impede continued maintenance
of those standards or progress toward achieving attainment of state
ambient air quality standards.
(2) The amended or revised rule or regulation will not exempt,
relax, or reduce the obligation of any stationary source under the
rules or regulations of the district, as those rules or regulations
existed on December 30, 2002, to obtain a permit or to meet best
available control technology requirements. This paragraph only
applies to a source that constituted a major source under the rules
or regulations of a district that existed on December 30, 2002, and
does not apply to any individual best available control technology
determination.
(3) The amended or revised rule or regulation is otherwise
consistent with this division.
(4) The amended or revised rule or regulation is consistent with
any guidance approved by the state board regarding environmental
justice.
42505. For purposes of this chapter, each district's "existing new
source review program" is comprised of those new source review rules
and regulations for both nonattainment and prevention of significant
deterioration for new, modified, repaired, or replaced sources that
have been adopted by the district governing board on or prior to
December 30, 2002, that have been submitted to the U.S. Environmental
Protection Agency by the state board for inclusion in the state
implementation plan and are pending approval or have been approved by
the U.S. Environmental Protection Agency.
42506. In order to assist in interpreting district rules and
regulations governing new source review for nonattainment areas and
for prevention of significant deterioration, the state board shall
provide on its Web site and in writing for purchase by the public, a
copy of the federal new source review regulations as they existed on
December 30, 2002, and the United States Environmental Protection
Agency's guidance document entitled, "New Source Review Workshop
Manual: Prevention of Significant Deterioration and Nonattainment
Area Permitting," (October 1990 Draft).
42507. If any provision of this chapter or the application thereof
to any person or circumstance is held invalid, it is the intent of
the Legislature that the invalidity not affect other provisions or
applications of the chapter that can be given effect without the
invalid provision or application, and to this end the provisions of
this chapter are severable.
42500. This chapter shall be known, and may be cited, as the
Protect California Air Act of 2003.
42501. The Legislature finds and declares all of the following:
(a) For over 25 years, the federal Clean Air Act (42 U.S.C. Sec.
7401, et seq.) has required major new and modified sources of air
pollution to be subject to a new source review program for
nonattainment areas and for the prevention of significant
deterioration, in order to ensure that those sources use the
requisite level of emission control, offset any new emissions, and
comply with other requirements, as a means of ensuring that those new
and modified sources do not adversely affect air quality.
(b) Requiring controls and emission offsets for new and modified
sources ensures that industrial growth does not result in
unacceptable levels of air pollution and that existing sources
operate more cleanly over time by applying emission controls when
those sources are overhauled or upgraded. Without these limits, air
quality would degrade over time, and industrial growth, critical to
the economic health of the state, would be foreclosed.
(c) The new source review program has been a cornerstone of the
state's efforts to reduce pollution from new and existing industrial
sources by requiring those sources to use the requisite level of
emission controls based on the attainment status of the area where
the source is located.
(d) The U.S. Environmental Protection Agency (U.S. E.P.A.)
initially promulgated, and subsequently has revised, the new source
review program to carry out the requirements of the federal Clean Air
Act for preconstruction review of new and modified sources of air
pollutants by the states.
(e) On December 31, 2002, the U.S. E.P.A., under the direction of
the President of the United States, promulgated regulations that
substantially weaken the basic federal new source review program (67
Fed.Reg. 80186-80289 (Dec. 31, 2002)). In promulgating the regulatory
amendments, the U.S. E.P.A. claims that the new source review
program has impeded or resulted in the cancellation of projects that
would maintain or improve reliability, efficiency, and safety. This
claim is contradicted by California's experience under the new source
review programs of the air pollution control and air quality
management districts.
(f) The amendments promulgated December 31, 2002, will drastically
reduce the circumstances under which modifications at an existing
source would be subject to federal new source review. The U.S. E.P.A.
has also proposed a rule that will change the definition of "routine
maintenance, repair and replacement." If that rule is finalized, it
will significantly worsen the situation.
(g) The newly revised and proposed federal new source review
reneges on the promise of clean air embodied in the federal Clean Air
Act, and threatens to undermine the air quality of the State of
California and thereby threaten the health and safety of the people
of the State of California.
(h) Section 107 of the federal Clean Air Act (42 U.S.C. Sec. 7407)
provides that the state has primary responsibility for meeting
ambient air quality standards in all areas of the state, and that the
means to achieve the standards shall be set out in the state
implementation plan, or SIP.
(i) Section 116 of the federal Clean Air Act (42 U.S.C. Sec. 7416)
preserves the right of states to adopt air pollution control
requirements that are more stringent than comparable federal
requirements. Moreover, the recent revisions to the federal new
source review regulations provide that the states may adopt
permitting programs that are "at least as stringent" as the new
federal "revised base program," and that the federal regulations
"certainly do not have the goal of 'preempting' State creativity or
innovation." (67 Fed.Reg. 80241 (Dec. 31, 2002)).
42502. The Legislature further finds and declares all of the
following:
(a) The people of the State of California have a primary interest
in safeguarding the air quality in the state from degradation and in
ensuring the enhancement of the air quality of the state.
(b) Emissions from nonvehicular sources are a significant
contributing factor to unhealthful levels of air pollution in
California. These emissions must be controlled to protect public
health and the environment, and to allow the economic benefits of new
and expanded business in this state without compromising those
important goals.
(c) Under state law, air quality management districts and air
pollution control districts have primary responsibility for
controlling air pollution caused by nonvehicular sources, including
stationary sources. The primary mechanism for controlling pollution
from new and modified stationary sources is the existing new source
review program of the districts. The application of the new source
review programs requires that all new and modified sources, unless
specifically exempted, must apply control technology and offset
emissions increases as a condition of receiving a permit.
(d) The districts generally require the application of the lowest
achievable emission rate, also known as California BACT, to achieve
the necessary level of emission control from new or modified sources.
(e) The requirement for California BACT, offsets, and other
requirements are set out in the rules and regulations adopted by the
districts to establish the new source review program. These rules and
regulations, which typically are more stringent than the minimum
requirements established by federal law, are reviewed and approved by
the state board and transmitted to the U.S. E.P.A. for inclusion in
the SIP.
(f) The districts have one of the most effective new source review
programs in the nation, with requirements for advanced emission
control technology on new and expanding sources as its foundation.
This technology-based program succeeds by requiring application of
emission control technology at the time of construction or when a
source undergoes a significant modification, which maximizes the
emission reduction benefits and reduces costs.
(g) With this and other programs, California has been able to
improve air quality despite increases in population, industrial
output, and motor vehicle use. However, significant areas of the
state still do not meet the federal or state ambient air quality
standards, which are set at levels necessary to protect public health
and welfare. Any rollback of the new source review program, as a
result of the federal "reforms," would exacerbate the continuing air
pollution challenges faced by the state and delay attainment of the
state and federal ambient air quality standards.
42503. The purposes of this chapter are all of the following:
(a) To attain and maintain state and federal ambient air quality
standards by the earliest practicable date.
(b) To protect public health and welfare from any actual or
potential adverse effect which reasonably may be anticipated to occur
from air pollution.
(c) To preserve, protect and enhance the air quality in national
parks, national wilderness areas, national monuments, national
seashores, and other areas of special national or regional natural,
recreational, scenic, or historic value.
(d) To ensure that economic growth will occur in a manner
consistent with the preservation of existing clean air resources.
(e) To ensure that emissions from any source in the state will not
interfere with any portion of the applicable implementation plan to
prevent significant deterioration of air quality for this or any
other state.
(f) To ensure that any decision to permit increased air pollution
in any area to which this chapter applies is made only after careful
evaluation of all the consequences of that decision and after
adequate procedural opportunities for informed public participation
in the decisionmaking process.
42504. (a) No air quality management district or air pollution
control district may amend or revise its new source review rules or
regulations to be less stringent than those that existed on December
30, 2002. If the state board finds, after a public hearing, that a
district's rules or regulations are not equivalent to or more
stringent than the rules or regulations that existed on December 30,
2002, the state board shall promptly adopt for that district the
rules or regulations that may be necessary to establish equivalency,
consistent with subdivision (b).
(b) (1) In amending or revising its new source review rules or
regulations, a district may not change any of the following that
existed on December 30, 2002, if the amendments or revisions would
exempt, relax or reduce the obligations of a stationary source for
any of the requirements listed in paragraph (2):
(A) The applicability determination for new source review.
(B) The definition of modification, major modification, routine
maintenance, or repair or replacement.
(C) The calculation methodology, thresholds or other procedures of
new source review.
(D) Any definitions or requirements of the new source review
regulations.
(2) (A) Any requirements to obtain new source review or other
permits to construct, prior to commencement of construction.
(B) Any requirements for best available control technology (BACT).
(C) Any requirements for air quality impact analysis.
(D) Any requirements for recordkeeping, monitoring and reporting
in a manner that would make recordkeeping, monitoring, or reporting
less representative, enforceable, or publicly accessible.
(E) Any requirements for regulating any air pollutant covered by
the new source review rules and regulations.
(F) Any requirements for public participation, including a public
comment period, public notification, public hearing, or other
opportunities or forms of public participation, prior to issuance of
permits to construct.
(c) In amending or revising its new source review rules or
regulations, a district may change any of the items in paragraph (1)
of subdivision (b) only if the change is more stringent than the new
source review rules or regulations that existed on December 30, 2002.
(d) Notwithstanding subdivisions (a), (b), and (c), a district may
amend or revise a rule or regulation if a district board, at the
time the amendments or revisions are adopted, makes its decision
based upon substantial evidence in the record, the amendments or
revisions are submitted to and approved by the state board after a
public hearing, and each of the following conditions is met:
(1) The amended or revised rule or regulation will do one of the
following:
(A) Will replace an existing rule or regulation that caused a risk
to public health or safety from exposure to a toxic material, a
dangerous condition, or an infectious disease with a rule or
regulation that provides greater protection to public health or
safety.
(B) Will replace an existing rule or regulation that has been
found to be unworkable due to engineering or other technical problems
with a rule or regulation that is effective.
(C) Will allow an amendment to an existing rule or regulation that
otherwise will cause substantial hardship to a business, industry,
or category of sources, if all of the following criteria are met:
(i) The amendment is narrowly tailored to relieve the identified
hardship.
(ii) The district provides equivalent reductions in emissions of
air contaminants to offset any increase in emissions of air
contaminants.
(iii) All reductions in emissions of air contaminants are real,
surplus, quantifiable, verifiable, enforceable, and timely. For the
purposes of this clause, reductions are timely if they occur no more
than three years prior to, and no more than three years following,
the occurrence of the increase in emissions of air contaminants.
(iv) Information regarding the reductions in emissions of air
contaminants is available to the public.
(D) Is a temporary rule or regulation necessary to respond to an
emergency consisting of a sudden, unexpected occurrence and demanding
prompt action to prevent or mitigate loss of or damage to life,
health, property, or essential services and the temporary rule or
regulation does not extend beyond the reasonably anticipated duration
of the emergency.
(E) Will not, if the district is in attainment with all national
ambient air quality standards, impair or impede continued maintenance
of those standards or progress toward achieving attainment of state
ambient air quality standards.
(2) The amended or revised rule or regulation will not exempt,
relax, or reduce the obligation of any stationary source under the
rules or regulations of the district, as those rules or regulations
existed on December 30, 2002, to obtain a permit or to meet best
available control technology requirements. This paragraph only
applies to a source that constituted a major source under the rules
or regulations of a district that existed on December 30, 2002, and
does not apply to any individual best available control technology
determination.
(3) The amended or revised rule or regulation is otherwise
consistent with this division.
(4) The amended or revised rule or regulation is consistent with
any guidance approved by the state board regarding environmental
justice.
42505. For purposes of this chapter, each district's "existing new
source review program" is comprised of those new source review rules
and regulations for both nonattainment and prevention of significant
deterioration for new, modified, repaired, or replaced sources that
have been adopted by the district governing board on or prior to
December 30, 2002, that have been submitted to the U.S. Environmental
Protection Agency by the state board for inclusion in the state
implementation plan and are pending approval or have been approved by
the U.S. Environmental Protection Agency.
42506. In order to assist in interpreting district rules and
regulations governing new source review for nonattainment areas and
for prevention of significant deterioration, the state board shall
provide on its Web site and in writing for purchase by the public, a
copy of the federal new source review regulations as they existed on
December 30, 2002, and the United States Environmental Protection
Agency's guidance document entitled, "New Source Review Workshop
Manual: Prevention of Significant Deterioration and Nonattainment
Area Permitting," (October 1990 Draft).
42507. If any provision of this chapter or the application thereof
to any person or circumstance is held invalid, it is the intent of
the Legislature that the invalidity not affect other provisions or
applications of the chapter that can be given effect without the
invalid provision or application, and to this end the provisions of
this chapter are severable.
