California § 42301.16. 42301.16. (Amended by Stats. 2015, Ch. 303, Sec. 322.)

California Statutes

§ 42301.16. — 42301.16. (Amended by Stats. 2015, Ch. 303, Sec. 322.)

California·Code HSC Health and Safety Code - HSC·Div. 26. DIVISION 26. AIR RESOURCES·Part 4. PART 4. NONVEHICULAR AIR POLLUTION CONTROL·Ch. 4. CHAPTER 4. Enforcement·Art. 1. ARTICLE 1. Permits

(a)In addition to complying with the requirements of this chapter, a permit system established by a district pursuant to Section 42300 shall ensure that any agricultural source that is required to obtain a permit pursuant to Title I (42 U.S.C. Sec. 7401 et seq.) or Title V (42 U.S.C. Sec. 7661 et seq.) of the federal Clean Air Act is required by district regulation to obtain a permit in a manner that is consistent with the federal requirements.

(b)Except as provided in subdivision (c), a district shall require an agricultural source of air pollution to obtain a permit unless it makes all of the following findings in a public hearing:

(1)The source is subject to a permit requirement pursuant to Section 40724.6.

(2)A permit is not necessary to impose or enforce reductions of emissions of

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(a)
In addition to complying with the requirements of this chapter, a permit system established by a district pursuant to Section 42300 shall ensure that any agricultural source that is required to obtain a permit pursuant to Title I (42 U.S.C. Sec. 7401 et seq.) or Title V (42 U.S.C. Sec. 7661 et seq.) of the federal Clean Air Act is required by district regulation to obtain a permit in a manner that is consistent with the federal requirements.
(b)
Except as provided in subdivision (c), a district shall require an agricultural source of air pollution to obtain a permit unless it makes all of the following findings in a public hearing:
(1)
The source is subject to a permit requirement pursuant to Section 40724.6.
(2)
A permit is not necessary to impose or enforce reductions of emissions of air pollutants that the district shows cause or contribute to the violation of a state or federal ambient air quality standard.
(3)
The requirement for the source or category of sources to obtain a permit would impose a burden on those sources that is significantly more burdensome than permits required for other similar sources of air pollution.
(c)
Prior to requiring a permit for an agricultural source of air pollution with actual emissions that are less than one-half of any applicable emissions threshold for a major source in the district for any air contaminant, but excluding fugitive dust, a
district shall, in a public hearing, make all of the following findings:
(1)
The source is not subject to a permit requirement pursuant to Section 40724.6.
(2)
A permit is necessary to impose or enforce reductions of emissions of air pollutants that the district shows cause or contribute to a violation of a state or federal ambient air quality standard.
(3)
The requirement for a source or category of sources to obtain a permit would not impose a burden on those sources that is significantly more burdensome than permits required for other similar sources of air pollution.

California § 42301.16. (42301.16. (Amended by Stats. 2015, Ch. 303, Sec. 322.)) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.