2010 California Code
Health and Safety Code
Article 2.5. Coordination With The Federal Act

39656.  It is the intent of the Legislature that the state board and
the districts implement a program to regulate toxic air contaminants
that will enable the state to receive approval to implement and
enforce emission standards and other requirements for air pollutants
subject to Section 112 of the federal act (42 U.S.C. Sec. 7412). The
state board and the districts may establish a program that is
consistent with the requirements for state programs set forth in
subsection (l) of Section 112 and Section 502 of the federal act (42
U.S.C. Secs. 7412( l) and 7661a). Nothing in this chapter requires
that the program be identical to the federal program for hazardous
air pollutants as set forth in the federal act.



39657.  (a) Except as provided in subdivision (b), the state board
shall identify toxic air contaminants which are emitted into the
ambient air of the state using the procedures and following the
requirements prescribed by Article 3 (commencing with Section 39660).
   (b) The state board shall, by regulation, designate any substance
that is listed as a hazardous air pollutant pursuant to subsection
(b) of Section 112 of the federal act (42 U.S.C. Sec. 7412(b)) as a
toxic air contaminant. A regulation that designates a hazardous air
pollutant as a toxic air contaminant shall be deemed to be a
regulation mandated by federal law and is not subject to Sections
11346.2 and 11346.9 of the Government Code, Article 6 (commencing
with Section 11349) of Chapter 3.5 of Part 1 of Division 3 of Title 2
of the Government Code, or Article 3 (commencing with Section
39660).


39658.  The state board shall establish airborne toxic control
measures for toxic air contaminants in accordance with all of the
following:
   (a) If a substance is identified as a toxic air contaminant
pursuant to Article 3 (commencing with Section 39660), the airborne
toxic control measure applicable to the toxic air contaminant shall
be adopted following the procedures and meeting the requirements of
Article 4 (commencing with Section 39665).
   (b) If a substance is designated as a toxic air contaminant
because it is listed as a hazardous air pollutant pursuant to
subsection (b) of Section 112 of the federal act (42 U.S.C. Sec. 7412
(b)), the state board shall establish the airborne toxic control
measure applicable to the substance as follows:
   (1) If an emission standard applicable to the hazardous air
pollutant has been adopted by the Environmental Protection Agency
pursuant to Section 112 of the federal act (42 U.S.C. Sec. 7412),
except as provided in paragraphs (2), (3), and (4), that emission
standard adopted pursuant to Section 112 of the federal act (42
U.S.C. Sec. 7412) for the hazardous air pollutant is also the
airborne toxic control measure for the toxic air contaminant. The
state board shall implement the relevant emission standard and it
shall be the airborne toxic control measure for purposes of this
chapter. The implementation of the emission standard is not subject
to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division
3 of Title 2 of the Government Code or Article 4 (commencing with
Section 39665).
   (2) If an emission standard applicable to the hazardous air
pollutant has been adopted by the Environmental Protection Agency
pursuant to Section 112 of the federal act (42 U.S.C. Sec. 7412) and
the state board finds that the emission standard does not achieve the
purposes set forth in subdivision (b) or (c), as applicable, of
Section 39666, the state board shall adopt an airborne toxic control
measure for the toxic air contaminant that it finds will achieve
those purposes. The state board shall, when it adopts an airborne
toxic control measure pursuant to this paragraph, follow the
procedures and meet the requirements of Article 4 (commencing with
Section 39665).
   (3) If the state board implements an airborne toxic control
measure applicable to the substance pursuant to paragraph (1) and
later finds that the purposes set forth in subdivision (b) or (c), as
applicable, of Section 39666 are not achieved by the airborne toxic
control measure, the state board may revise the airborne toxic
control measure to achieve those purposes. The state board shall,
when it revises an airborne toxic control measure pursuant to this
paragraph, follow the procedures and meet the requirements of Article
4 (commencing with Section 39665). The state board may revise an
airborne toxic control measure pursuant to this paragraph only if it
first finds that the reduction in risk to the public health that will
be achieved by the revision justifies the burden that will be
imposed on persons who are in compliance with the airborne toxic
control measure previously implemented pursuant to paragraph (1).
   (4) If an emission standard applicable to the hazardous air
pollutant has not been adopted by the Environmental Protection Agency
pursuant to Section 112 of the federal act (42 U.S.C. Sec. 7412),
the state board may adopt an airborne toxic control measure
applicable to the toxic air contaminant pursuant to Article 4
(commencing with Section 39665).



39659.  (a) The state board and the districts may adopt regulations
which do both of the following:
   (1) Impose monitoring requirements, establish procedures for
issuing, reissuing, and enforcing permits, and take any other action
that may be necessary to establish, implement, and enforce programs
for the regulation of hazardous air pollutants which have been listed
as toxic air contaminants pursuant to subdivision (b) of Section
39657.
   (2) Meet the requirements of subsection ( l) of Section 112 and
Section 502 of the federal act (42 U.S.C. Secs. 7412( l) and 7661a)
and the guidelines and regulations adopted by the Environmental
Protection Agency pursuant to those sections.
   (b) In adopting regulations pursuant to subdivision (a), the state
board and the districts shall, to the extent necessary to ensure
that the requirements of the federal act are met, use the definitions
contained in subsection (a) of Section 112 of the federal act (42
U.S.C. Sec. 7412(a)).