2009 California Health and Safety Code - Section 42700-42708 :: Chapter 5. Monitoring Devices

42700.  (a) The Legislature hereby finds and declares that
stationary sources of air pollution are known to emit significant
amounts of pollutants into the air, but that existing sampling
techniques are not sufficiently precise to permit accurate
measurement. The Legislature further finds and declares that more
accurate data will improve the design of strategies for the control
of pollutants in the most cost-effective manner.
   (b) The Legislature further finds and declares that public
complaints about excessive emissions from stationary sources are
difficult or impossible to evaluate in the absence of adequate means
of monitoring emissions on a continuing basis. The Legislature
further finds and declares that, although the state board and the
districts are authorized under Sections 41511 and 42303 to require
stationary sources of air contaminants to install and operate
monitoring devices to measure and record continuously the emissions
concentration and amount of any specified pollutant, many districts
have failed to exercise that authority.
   (c) The Legislature further finds and declares that all districts,
especially the bay district, the districts located, in whole or
part, within the South Coast Air Basin, and the San Diego County Air
Pollution Control District, should be encouraged to require that
monitoring devices be installed in each stationary source of air
contaminants that emits into the atmosphere 100 tons or more each
year of nonmethane hydrocarbons, oxides of nitrogen, oxides of
sulfur, reduced sulfur compounds, or particulate matter or 1,000 tons
or more each year of carbon monoxide.
   (d) The Legislature further finds and declares that, pursuant to
Section 39616, the south coast district has required the installation
of a substantial number of monitoring devices and the installation
and use of strip chart recorders for compliance purposes. However,
electronic or computer data capture and storage is generally less
costly and may have the capability to provide greater data
availability with the same degree of security.
   (e) To encourage the districts to take actions to monitor
emissions of stationary sources as described in this section, the
state board shall determine the availability, technological
feasibility, and economic reasonableness of monitoring devices for
those stationary sources as provided by Section 42701.
   (f) To make emissions data available to the public and to minimize
burdens on the private sector, the districts shall allow stationary
sources the option of using electronic or computer data storage for
purposes of compliance with Section 39616.

42701.  (a) For the purposes of Sections 41511 and 42303, the state
board shall determine the availability, technological feasibility,
and economic reasonableness of monitoring devices to measure and
record continuously the emissions concentration and amount of
nonmethane hydrocarbons, oxides of nitrogen, oxides of sulfur,
reduced sulfur compounds, particulate matter, and carbon monoxide
emitted by stationary sources. Such determination shall be made for
stationary sources which emit such contaminants in the quantities set
forth in Section 42700, and may be made for stationary sources which
emit lesser amounts. The state board shall complete an initial
review of submitted devices by June 1, 1975.

42702.  The state board shall specify the types of stationary
sources, processes, and the contaminants, or combinations thereof,
for which a monitoring device is available, technologically feasible,
and economically reasonable. Such specification may be by any
technologically based classification, including on an industrywide
basis or by individual stationary source, by air basin, by district,
or any other reasonable classification.

42703.  The state board shall require the manufacturer of any
monitoring device submitted for a determination to reimburse the
state board for its actual expenses incurred in making the
determination, including, where applicable, its contract expenses for
testing and review.

42704.  After the state board has made a determination of
availability, the state board may, as appropriate, revoke or modify
its prior determination of availability if circumstances beyond the
control of the state board, or of a stationary source required to
install a monitoring device, cause a substantial delay or impairment
in the availability of the device or cause the device no longer to be
available.

42705.  Any stationary source required by the district in which the
source is located to install and operate a monitoring device shall
retain the records from the device for not less than two years and,
upon request, shall make the records available to the state board and
the district. The district shall allow the source the option of
using electronic or computer data storage, as defined in Section
40407.5 and consistent with Section 40440.3, as a method of record
retention. The source shall not be limited solely to the installation
or maintenance of strip chart recorders.

42706.  Any violation of any emission standard to which the
stationary source is required to conform, as indicated by the records
of the monitoring device, shall be reported by the operator of the
source to the district within 96 hours after such occurrence. The
district shall, in turn, report the violation to the state board
within five working days after receiving the report of the violation
from the operator.

42707.  The air pollution control officer shall inspect, as he
determines necessary, the monitoring devices installed in every
stationary source of air contaminants located within his jurisdiction
required to have such devices to insure that such devices are
functioning properly. The district may require reasonable fees to be
paid by the operator of any such source to cover the expense of such
inspection and other costs related thereto.

42708.  This chapter shall not prevent any local or regional
authority from adopting monitoring requirements more stringent than
those set forth in this chapter or be construed as requiring the
installation of monitoring devices on any stationary source or
classes of stationary sources. This section shall not limit the
authority of the state board to require the installation of
monitoring devices pursuant to Chapter 1 (commencing with Section
41500).