2009 California Health and Safety Code - Section 40400-40408 :: Article 1. General Provisions

HEALTH AND SAFETY CODE
SECTION 40400-40408

40400.  This chapter shall be known and may be cited as the
"Lewis-Presley Air Quality Management Act."

40402.  The Legislature finds and declares all of the following:
   (a) That the South Coast Air Basin is a geographical entity not
reflected by political boundaries.
   (b) That the basin is acknowledged to have critical air pollution
problems caused by the operation of millions of motor vehicles in the
basin, stationary sources of pollution, frequent atmospheric
inversions that trap aerial contaminants, and the large amount of
sunshine that transforms vehicular and nonvehicular emissions into a
variety of deleterious chemicals.
   (c) That these critical air pollution problems are most acute in
the foothill communities of the San Gabriel/Pomona Valleys and the
Riverside/San Bernardino areas, where pollutants which originate in
other parts of the basin are trapped by geographical and
meteorological conditions characteristic of these areas.
   (d) That the state and federal governments have promulgated
ambient air quality standards for the protection of public health,
and it is in the public interest that those standards not be
exceeded.
   (e) That, in order to achieve and maintain air quality within the
ambient air quality standards, a comprehensive basinwide air quality
management plan must be developed and implemented to provide for the
rapid abatement of existing emission levels to levels which will
result in the achievement and maintenance of the state and federal
ambient air quality standards and to ensure that new sources of
emissions are planned and operated so as to be consistent with the
basin's air quality goals.
   (f) That, in recognition of the fact that some regions within the
basin face more critical air pollution problems than others, it is
necessary for the basinwide air quality management plan to consider
the specific air pollution problems of regions within the air basin
in planning for facilities which create new sources of emissions.
   (g) That, in order to successfully develop and implement a
meaningful strategy for achieving and maintaining ambient air quality
standards, local governments in the South Coast Air Basin must be
delegated additional authority from the state in the control of
vehicular sources and must retain existing authority to set stringent
emission standards for nonvehicular sources.
   (h) That, in order to successfully implement a comprehensive
program for the achievement and maintenance of state and federal
ambient air quality standards in the South Coast Air Basin, the
responsibilities of local and regional authorities with respect to
air pollution control and air quality management plan adoption must
be fully integrated into an agency with basinwide authority, largely
to be governed by representatives of county and city governments.

40404.  The Legislature further finds and declares that the south
coast district shall take a leadership role to sponsor, coordinate,
and promote projects which increase the use of clean-burning fuels in
the transportation and stationary source sectors, and that it is the
intent of the Legislature that the district establish voluntary
programs to accelerate the utilization of clean-burning fuels within
the South Coast Air Basin.

40404.5.  The Legislature further finds and declares that the south
coast district, in fulfilling its directive to require the use of
best available control technology for new sources, and in
consideration of the state policy to promote and encourage the use of
solar energy systems, shall make reasonable efforts to incorporate
solar energy technology into its air quality management plan in
applications where it can be shown to be cost-effective.

40405.  (a) As used in this chapter, "best available control
technology" means an emission limitation that will achieve the lowest
achievable emission rate for the source to which it is applied.
Subject to subdivision (b), "lowest achievable emission rate," as
used in this section, means the more stringent of the following:
   (1) The most stringent emission limitation that is contained in
the state implementation plan for the particular class or category of
source, unless the owner or operator of the source demonstrates that
the limitation is not achievable.
   (2) The most stringent emission limitation that is achieved in
practice by that class or category or source.
   (b) "Lowest achievable emission rate" shall not be construed to
authorize the permitting of a proposed new source or a modified
source that will emit any pollutant in excess of the amount allowable
under the applicable new source standards of performance.

40406.  As used in this chapter, "best available retrofit control
technology" means an emission limitation that is based on the maximum
degree of reduction achievable, taking into account environmental,
energy, and economic impacts by each class or category of source.

40407.  As used in this chapter, "electric plant" means an electric
plant as defined in Section 217 of the Public Utilities Code, whether
publicly or privately owned or operated.

40407.5.  As used in this chapter, "electronic or computer data
storage" means paperless record retention utilizing optical,
electronic, magnetic, micrographic, or photographic media or other
similar technology capable of accurately producing or reproducing
data in accordance with minimum standards or guidelines for the
preservation and reproduction of the medium adopted by the American
National Standards Institute or the Association for Information and
Image Management.

40408.  As used in this chapter, "plan" means the south coast
district air quality management plan.



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