Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
Definitions
For the purpose of sections
70600 and
70601, the following definitions
shall apply:
(1) "all feasible
measures" means air pollution control measures, including but not limited to
emissions standards and limitations, applicable to all air pollution source
categories under a district's authority that are based on the maximum degree of
reductions achievable for emissions of ozone precursors, taking into account
technological, social, environmental, energy and economic factors, including
cost-effectiveness.
(2) "ozone
precursors" means oxides of nitrogen and reactive organic
gases.
(b) Specific
Requirements
Districts within the areas of origin of transported air
pollutants, as identified in section
70500(c), shall
include sufficient emission control measures in their attainment plans for
ozone adopted pursuant to part 3, chapter 10 (commencing with section
40910) of division 26 of the
Health and Safety Code, to mitigate the impact of pollution sources within
their jurisdictions on ozone concentrations in downwind areas commensurate with
the level of contribution. An upwind district shall comply with the transport
mitigation planning and implementation requirements set forth in this section
regardless of its attainment status, unless the upwind district complies with
the requirements of section
70601. At a minimum, the
attainment/transport mitigation plans for districts within the air basins or
areas specified below shall conform to the following requirements:
(1) Broader Sacramento Area (as defined in
section 70500(b)(3))
shall:
(A) require the adoption and
implementation of all feasible measures as expeditiously as
practicable.
(B) require the
adoption and implementation of best available retrofit control technology, as
defined in Health and Safety Code section
40406,
on all existing stationary sources of ozone precursor emissions as
expeditiously as practicable.
(C)
require the implementation, by December 31, 2004, of a stationary source
permitting program designed to achieve no net increase in the emissions of
ozone precursors from new or modified stationary sources that emit or have the
potential to emit 10 tons or greater per year of an ozone precursor.
(D) include measures sufficient to attain the
state ambient air quality standard for ozone by the earliest practicable date
within the Upper Sacramento Valley and that portion of the Mountain Counties
Air Basin north of the Calaveras-Tuolumne County border and south of the
Sierra-Plumas County border, except as provided in Health and Safety Code
section
41503(d),
during air pollution episodes which the state board has determined meet the
following conditions:
(i) are likely to
produce a violation of the state ozone standard in the Upper Sacramento Valley
or that portion of the Mountain Counties Air Basin north of the
Calaveras-Tuolumne County border and south of the Sierra-Plumas County
border;
(ii) are dominated by
overwhelming pollutant transport from the Broader Sacramento Area;
and
(iii) are not measurably
affected by emissions of ozone precursors from sources located within the Upper
Sacramento Valley or that portion of the Mountain Counties Air Basin north of
the Calaveras-Tuolumne County border and south of the Sierra-Plumas County
border.
(2) San
Francisco Bay Area Air Basin shall:
(A)
require the adoption and implementation of all feasible measures as
expeditiously as practicable.
(B)
require the adoption and implementation of best available retrofit control
technology, as defined in Health and Safety Code section
40406,
on all existing stationary sources of ozone precursor emissions as
expeditiously as practicable.
(C)
require the implementation, by December 31, 2004, of a stationary source
permitting program designed to achieve no net increase in the emissions of
ozone precursors from new or modified stationary sources that emit or have the
potential to emit 10 tons or greater per year of an ozone precursor.
(D) include measures sufficient to attain the
state ambient air quality standard for ozone by the earliest practicable date
within the North Central Coast Air Basin, that portion of Solano County within
the Broader Sacramento Area, that portion of Sonoma County within the North
Coast Air Basin, and that portion of Stanislaus County west of Highway 33,
except as provided in Health and Safety Code section
41503(d),
during air pollution episodes which the state board has determined meet the
following conditions:
(i) are likely to
produce a violation of the state ozone standard in the North Central Coast Air
Basin, or that portion of Solano County within the Broader Sacramento Area, or
that portion of Sonoma County within the North Coast Air Basin, or that portion
of Stanislaus County west of Highway 33;
(ii) are dominated by overwhelming pollutant
transport from the San Francisco Bay Area Air Basin; and
(iii) are not measurably affected by
emissions of ozone precursors from sources located within the North Central
Coast Air Basin, or that portion of Solano County within the Broader Sacramento
Area, or that portion of Sonoma County within the North Coast Air Basin, or
that portion of Stanislaus County west of Highway
33.
(3) San
Joaquin Valley Air Basin shall:
(A) require
the adoption and implementation of all feasible measures as expeditiously as
practicable.
(B) require the
adoption and implementation of best available retrofit control technology, as
defined in Health and Safety Code section
40406,
on all existing stationary sources of ozone precursor emissions as
expeditiously as practicable.
(C)
include measures sufficient to attain the state ambient air quality standard
for ozone by the earliest practicable date within the Mojave Desert Air Basin,
the Great Basin Valleys Air Basin, and that portion of the Mountain Counties
Air Basin south of the Amador-El Dorado County border, except as provided in
Health and Safety Code section
41503(d),
during air pollution episodes which the state board has determined meet the
following conditions:
(i) are likely to
produce a violation of the state ozone standard in the Mojave Desert Air Basin
or the Great Basin Valleys Air Basin, or that portion of the Mountain Counties
Air Basin south of the Amador-El Dorado County border;
(ii) are dominated by overwhelming pollutant
transport from the San Joaquin Valley Air Basin; and
(iii) are not measurably affected by
emissions of ozone precursors from sources located within the Mojave Desert Air
Basin or the Great Basin Valleys Air Basin, or that portion of the Mountain
Counties Air Basin south of the Amador-El Dorado County
border.
(4)
South Central Coast Air Basin south of the Santa Barbara-San Luis Obispo County
border shall, for sources located in that portion of the Basin:
(A) require the adoption and implementation
of all feasible measures as expeditiously as practicable.
(B) require the adoption and implementation
of best available retrofit control technology, as defined in Health and Safety
Code section
40406,
on all existing stationary sources of ozone precursor emissions as
expeditiously as practicable.
(5) South Coast Air Basin shall:
(A) require the adoption and implementation
of all feasible measures as expeditiously as practicable.
(B) require the adoption and implementation
of best available retrofit control technology, as defined in Health and Safety
Code section
40406,
on all existing stationary sources of ozone precursor emissions as
expeditiously as practicable.
(C)
include measures sufficient to attain the state ambient air quality standard
for ozone by the earliest practicable date within the South Central Coast Air
Basin south of the Santa Barbara-San Luis Obispo County border, the San Diego
Air Basin, the Mojave Desert Air Basin, and the Salton Sea Air Basin, except as
provided in Health and Safety Code section
41503(d),
during air pollution episodes which the state board has determined meet the
following conditions:
(i) are likely to
produce a violation of the state ozone standard in the South Central Coast Air
Basin south of the Santa Barbara-San Luis Obispo County border, or in the San
Diego Air Basin, or in the Mojave Desert Air Basin, or in the Salton Sea Air
Basin;
(ii) are dominated by
overwhelming pollutant transport from the South Coast Air Basin; and
(iii) are not measurably affected by
emissions of ozone precursors from sources located within the South Central
Coast Air Basin south of the Santa Barbara--San Luis Obispo County border, or
the San Diego Air Basin, or the Mojave Desert Air Basin, or the Salton Sea Air
Basin.
(c) Implementation
(1) Prior to revising its
attainment/transport mitigation plan pursuant to section
40925
of the Health and Safety Code, each district subject to the requirements set
forth in section
70600(b) shall,
in consultation with the downwind districts, review the list of control
measures in its most recently approved attainment plan and make a finding as to
whether the list of control measures meets the requirements of section
70600(b). The
district shall include the finding in its proposed triennial plan
revision.
(2) If the ARB determines
that a district's plan does not satisfy the requirements of section
40912
of the Health and Safety Code and this regulation, the Board and the district
shall follow the procedures specified in section
41503.2
of the Health and Safety Code for addressing plan
deficiencies.
1. New
section filed 12-20-90; operative 12-20-90 (Register 91, No. 6).
2.
Repealer of subsection
1(b),
2(b),
3(b),
4(b) and
5(b),
redesignation of subsections and amendment of newly designated subsections
(e)(2)(A) and (e)(2)(C) and NOTE filed 10-27-93; operative 10-27-93 (Register
93, No. 44).
3. Amendment of subsections (a)(2)-(a)(2)(A),
(a)(2)(C), (b)(2)-(b)(2)(C), (c)(2)-(c)(2)(A), (c)(2)(C) and (e)(2)(A) filed
8-8-94; operative 9-7-94 (Register 94, No. 32).
4. Amendment filed
8-27-97; operative 9-26-97 (Register 97, No. 35).
5. Amendment of
section and NOTE filed 4-22-2002; operative 5-22-2002 (Register 2002, No.
17).
6. Amendment of section and NOTE filed 12-4-2003; operative
1-3-2004 (Register 2003, No. 49).
Note: Authority cited: Sections
39600,
39601
and
39610(b),
Health and Safety Code. Reference: Sections
39610,
40912,
40913,
40921,
40924,
40925
and
41503,
Health and Safety Code.
