Section 70600 - Emission Control Requirements(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.Cal. Code Regs. Tit. 17, § 70600
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.
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).