39665-39669

HEALTH AND SAFETY CODE
SECTION 39665-39669




39665.  (a) Following adoption of the determinations pursuant to
Section 39662, the executive officer of the state board shall, with
the participation of the districts, and in consultation with affected
sources and the interested public, prepare a report on the need and
appropriate degree of regulation for each substance which the state
board has determined to be a toxic air contaminant.
   (b) The report shall address all of the following issues, to the
extent data can reasonably be made available:
   (1) The rate and extent of present and anticipated future
emissions, the estimated levels of human exposure, and the risks
associated with those levels.
   (2) The stability, persistence, transformation products,
dispersion potential, and other physical and chemical characteristics
of the substance when present in the ambient air.
   (3) The categories, numbers, and relative contribution of present
or anticipated sources of the substance, including mobile,
industrial, agricultural, and natural sources.
   (4) The availability and technological feasibility of airborne
toxic control measures to reduce or eliminate emissions, the
anticipated effect of airborne toxic control measures on levels of
exposure, and the degree to which proposed airborne toxic control
measures are compatible with, or applicable to, recent technological
improvements or other actions which emitting sources have implemented
or taken in the recent past to reduce emissions.
   (5) The approximate cost of each airborne toxic control measure,
the magnitude of risks posed by the substances as reflected by the
amount of emissions from the source or category of sources, and the
reduction in risk which can be attributed to each airborne toxic
control measure.
   (6) The availability, suitability, and relative efficacy of
substitute compounds of a less hazardous nature.
   (7) The potential adverse health, safety, or environmental impacts
that may occur as a result of implementation of an airborne toxic
control measure.
   (8) The basis for the finding required by paragraph (3) of
subdivision (b) of Section 39658, if applicable.
   (c) The staff report, and relevant comments received during
consultation with the districts, affected sources, and the public,
shall be made available for public review and comment at least 45
days prior to the public hearing required by Section 39666.



39666.  (a) Following a noticed public hearing, the state board
shall adopt airborne toxic control measures to reduce emissions of
toxic air contaminants from nonvehicular sources.
   (b) For toxic air contaminants for which the state board has
determined, pursuant to Section 39662, that there is a threshold
exposure level below which no significant adverse health effects are
anticipated, the airborne toxic control measure shall be designed, in
consideration of the factors specified in subdivision (b) of Section
39665, to reduce emissions sufficiently so that the source will not
result in, or contribute to, ambient levels at or in excess of the
level which may cause or contribute to adverse health effects as that
level is estimated pursuant to subdivision (c) of Section 39660.
   (c) For toxic air contaminants for which the state board has not
specified a threshold exposure level pursuant to Section 39662, the
airborne toxic control measure shall be designed, in consideration of
the factors specified in subdivision (b) of Section 39665, to reduce
emissions to the lowest level achievable through application of best
available control technology or a more effective control method,
unless the state board or a district board determines, based on an
assessment of risk, that an alternative level of emission reduction
is adequate or necessary to prevent an endangerment of public health.
   (d) Not later than 120 days after the adoption or implementation
by the state board of an airborne toxic control measure pursuant to
this section or Section 39658, the districts shall implement and
enforce the airborne toxic control measure or shall propose
regulations enacting airborne toxic control measures on nonvehicular
sources within their jurisdiction which meet the requirements of
subdivisions (b), (c), and (e), except that a district may, at its
option, and after considering the factors specified in subdivision
(b) of Section 39665, adopt and enforce equally effective or more
stringent airborne toxic control measures than the airborne toxic
control measures adopted by the state board. A district shall adopt
rules and regulations implementing airborne toxic control measures on
nonvehicular sources within its jurisdiction in conformance with
subdivisions (b), (c), and (e), not later than six months following
the adoption of airborne toxic control measures by the state board.
   (e) District new source review rules and regulations shall require
new or modified sources to control emissions of toxic air
contaminants consistent with subdivisions (b), (c), and (d) and
Article 2.5 (commencing with Section 39656).
   (f) Where an airborne toxic control measure requires the use of a
specified method or methods to reduce, avoid, or eliminate the
emissions of a toxic air contaminant, a source may submit to the
district an alternative method or methods that will achieve an equal
or greater amount of reduction in emissions of, and risk associated
with, that toxic air contaminant. The district shall approve the
proposed alternative method or methods if the operator of the source
demonstrates that the method is, or the methods are, enforceable,
that equal or greater amounts of reduction in emissions and risk will
be achieved, and that the reductions will be achieved within the
time period required by the applicable airborne toxic control
measure. The district shall revoke approval of the alternative method
or methods if the source fails to adequately implement the approved
alternative method or methods or if subsequent monitoring
demonstrates that the alternative method or methods do not reduce
emissions and risk as required. The district shall notify the state
board of any action it proposes to take pursuant to this subdivision.
This subdivision is operative only to the extent it is consistent
with the federal act.



39667.  Based on its determinations pursuant to Section 39662, the
state board shall consider the adoption of revisions in the emission
standards for vehicular sources and regulations specifying the
content of motor vehicle fuel, to achieve the maximum possible
reduction in public exposure to toxic air contaminants. Except for
regulations affecting new motor vehicles which shall be based upon
the most advanced technology feasible for the model year, regulations
developed pursuant to this section shall be based on the utilization
of the best available control technologies or more effective control
methods, unless the state board determines, based on an assessment
of risk, that an alternative level of emission reduction is adequate
or necessary to prevent an endangerment of public health. Those
regulations may include, but are not limited to, the modification,
removal, or substitution of vehicle fuel, vehicle fuel components, or
fuel additives, or the required installation of vehicular control
measures on new motor vehicles.


39668.  (a) The state board shall, on or before January 1, 1989,
prepare a written report on the availability and effectiveness of
toxic air contaminant monitoring options in consultation with the
Scientific Review Panel on Toxic Air Contaminants, the districts, the
Department of Food and Agriculture, and the State Department of
Health Services. In preparing the report, the state board shall
conduct at least one public workshop. The report shall include, but
not be limited to, all of the following:
   (1) An evaluation of existing toxic air contaminant monitoring
capacity and assessment capabilities within the state, including, but
not limited to, existing monitoring stations and equipment of the
state board and of the districts.
   (2) An analysis of the available options for monitoring and
assessing current levels of exposure to identified and all potential
toxic air contaminants in urban areas of the state, taking into
consideration the technical feasibility and costs of these monitoring
options. The report shall evaluate the extent to which the
establishment of additional monitoring capacity is appropriate and
feasible to facilitate the identification and control of toxic air
contaminants.
   (3) A list of all substances or classes of substances addressed by
the state board pursuant to paragraph (2), including, but not
limited to, a discussion of the appropriateness and availability of
monitoring for those substances or classes of substances.
   (4) An analysis of the feasibility and costs of establishing an
indoor toxic air contaminant monitoring program to facilitate the
implementation of Section 39660.5.
   (b) Based on the findings in the report prepared pursuant to
subdivision (a), the state board shall develop, by July 1, 1989, in
conjunction with the districts, guidelines for establishing
supplemental toxic air contaminant monitoring networks to be
implemented by the districts. The board shall develop the guidelines
only to the extent that it determines, pursuant to paragraph (2) of
subdivision (a), that establishing additional monitoring capacity is
appropriate and feasible.
   (c) The guidelines established pursuant to subdivision (b) shall
include a priority list for establishing and implementing the
supplemental toxic air contaminant monitoring networks. The state
board shall give priority to that supplemental monitoring capacity it
determines to be most needed to identify and control toxic air
contaminants. The state board shall allocate to districts, in the
priority order included in the guidelines, state funds provided in
subdivision (b) of Section 3 of the act adding this section and in
subsequent Budget Acts for establishing and implementing the
supplemental toxic air contaminant monitoring networks. The state
board shall allocate state funds to the districts, upon appropriation
by the Legislature, on a 50 percent matching basis, and shall not
provide state funds for the supplemental toxic air contaminant
monitoring program established by Section 40715 to any district in
excess of district funds allocated by the district in establishing
and implementing the supplemental monitoring networks created
pursuant to Section 40715.
   (d) The state board shall request in its annual budget sufficient
state funds, in addition to those provided in subdivision (b) of
Section 3 of the act adding this section, to match, on a 50 percent
basis, those district funds allocated by the districts for
establishing and implementing the supplemental monitoring program
specified in the guidelines adopted pursuant to subdivision (b).



39669.  Nothing in this chapter is a limitation on the authority of
the state board or a district to implement and enforce an airborne
toxic control measure adopted prior to January 1, 1993.