40460-40471

HEALTH AND SAFETY CODE
SECTION 40460-40471




40460.  (a) No later than January 31, 1979, the south coast district
board shall adopt a plan to achieve and maintain the state and
federal ambient air quality standards for the South Coast Air Basin.
The plan shall be revised and adopted by the south coast district
board by January 31, 1982, according to a schedule consistent with
subdivision (a) of Section 40463. The plan revisions shall be
compiled by the south coast district board, with the cooperation of
the state board and the Department of Transportation, and the active
participation of the Southern California Association of Governments
and the counties and cities within the South Coast Air Basin.
   (b) With the assistance of counties and cities, the Southern
California Association of Governments shall have responsibility for
preparing and approving the portions of the plan relating to regional
demographic projections and integrated regional land use, housing,
employment, and transportation programs, measures, and strategies.
The Southern California Association of Governments shall analyze and
provide emissions data related to its planning responsibilities.
   (c) The south coast district shall have the responsibility for
preparing and analyzing the portions of the plan elements relating to
existing air quality, emissions data, results of air quality
modeling, and stationary source control measures. The south coast
district shall combine its portion of the plan with those prepared by
the Southern California Association of Governments.
   In consultation with the south coast district board, the Southern
California Association of Governments, and other appropriate local
agencies, the state board shall provide the emissions reductions
attributed to technological vehicular source control strategies
included in the plan.
   (d) Upon adoption by the state board, the plan and future
revisions shall be the air quality management plan and, as submitted
to the Environmental Protection Agency, the federally required state
implementation plan for the South Coast Air Basin. Notwithstanding
any other provision of this division, the state implementation plan
for the air basin shall only include those provisions necessary to
meet the requirements of the Clean Air Act (42 U.S.C. Sec. 7401 et
seq.).


40461.  The plan, as adopted and revised by the south coast district
board, shall be in lieu of the basinwide air pollution control plan
required pursuant to Chapter 2 (commencing with Section 41600) of
Part 4.


40462.  (a) The plan and subsequent revisions shall contain
deadlines for compliance with the federally mandated attainment of
primary ambient air quality standards. The plan and subsequent
revisions shall contain deadlines and schedules to achieve the state
ambient air quality standards by the earliest date achievable by the
application of all reasonably available control measures and
technologies, including, but not limited to, the best available
control technology, indirect source controls, and transportation
control measures, and the use of cleaner burning alternative fuels.
The plan and subsequent revisions shall contain deadlines and
schedules to achieve the federal secondary ambient air quality
standards by the earliest date achievable by the application of all
reasonably available control measures and technologies.
   (b) The plan and subsequent revisions shall ensure that future
growth and development in the South Coast Air Basin and within the
sensitive zone established pursuant to subdivision (a) of Section
40410.5 are, to the maximum extent feasible, consistent with the goal
of achieving and maintaining those air quality standards. The
revisions to the plan shall identify the resources necessary to carry
out its provisions, including enforcement costs and the effect of
its provisions on energy resources.



40463.  (a) The plan shall be formally reviewed every two years
beginning in 1982 by the agencies responsible for preparing plan
revisions. In the event of revisions, the compliance schedules and
emission limitations shall be amended to reflect advances in
technology, control strategies, and administrative practices. The
south coast district board may delay submittal of revisions up to two
years if necessary to synchronize with the dates of submittal
required under the Clean Air Act (42 U.S.C. Sec. 7401 et seq.).
   (b) With the active participation of the Southern California
Association of Governments, a South Coast Air Basin emission carrying
capacity for each state and federal ambient air quality standard
shall be established by the south coast district board for each
formal review of the plan consistent with subdivision (a) and shall
be updated to reflect new data and modeling results. A carrying
capacity is the maximum level of emissions which would enable the
attainment and maintenance of an ambient air quality standard for a
pollutant. Emission carrying capacity for state standards shall not
be a part of the state implementation plan requirements of the Clean
Air Act for the South Coast Air Basin.
   (c) The state board shall review and comment, within 60 days of
submittal by the south coast district, on the emission carrying
capacity, air quality model selection, and all other data required by
this section. The south coast district board and the Southern
California Association of Governments Executive Committee shall
consider the comments of the state board and shall either accept the
state board's recommendations regarding carrying capacity or shall
advise the state board that the recommendations are not accepted.
   (d) If the state board receives notification that its
recommendations are not accepted, the state board shall convene a
conflict resolution committee within 30 days to attempt to resolve
the differences. The committee shall be composed of two members each
of the state board, the Executive Committee of the Southern
California Association of Governments, and the south coast district
board appointed by the entity they represent. The committee shall
make a recommendation to the three governing boards.



40464.  The Southern California Association of Governments shall
coordinate the efforts of the counties and cities in the process of
developing and reviewing plan elements which meet the requirements of
the plan, state and federal law, and local needs relating to
transportation, land use, demographic projections, employment,
housing, and other matters of local concern.



40465.  The Southern California Association of Governments shall
submit its plan elements to the south coast district board by June 1
of each odd-numbered year, except in the case of a delayed submittal
as provided in subdivision (a) of Section 40463, for incorporation
into the air quality management plan. The district shall combine the
association's plan elements with the south coast district elements as
specified in subdivision (a) of Section 40460. Each agency shall
prepare and submit all necessary documentation, including that of
public and intergovernmental involvement.



40466.  (a) The south coast district board shall adopt plan
revisions, pursuant to subdivision (a) of Section 40463, after
holding public hearings throughout the south coast district. The
south coast district board shall submit the adopted plan revisions to
the state board and to the Legislature.
   (b) Notice of the times and places of the public hearings shall be
given not less than 45 days prior to the first hearing and shall be
published in each county in the south coast district in accordance
with the requirements of Section 6061 of the Government Code. The
period of notice shall commence on the first day of publication.
Notice shall be mailed to every person who filed a written request
for notice concerning the plan with the south coast district and any
person the south coast district believes to be interested in the
plan. The notice shall include a list of supporting information,
documents, and other materials relevant to the plan revision prepared
by the south coast district or at its direction, any environmental
assessment, and the name, address, and telephone number of the
district officer and employee from whom these materials, and a copy
of the draft plan, may be obtained.



40467.  Prior to formal submittal of this plan to the state board by
the south coast district board, and during the time period specified
in subdivision (a) of Section 40463, the south coast district board
and the state board shall meet to identify and agree on the portions
of the plan which are of prime importance to subsequent state board
approval of the plan. The south coast district board and the state
board shall work together to resolve any differences concerning these
key sections prior to formal submission of the plan to the state
board. The south coast district board and the state board shall
jointly adopt the procedures by which these plan differences shall be
resolved.


40468.  The state board shall not require as a condition of approval
of the plan or subsequent revisions, any indirect source review
program or other land use control measures.



40469.  (a) Following submittal by the south coast district, the
state board shall review the plan to determine its adequacy to meet
federally mandated primary ambient air quality standards and all
other requirements of the federal Clean Air Act (42 U.S.C. Sec. 7401
et seq.) and its adequacy to meet the requirements of the California
Clean Air Act of 1988 (Chapter 1568, Statutes of 1988) and to attain
state ambient air quality standards through application of the best
available control technology, indirect source controls,
transportation control measures, and the use of cleaner burning
alternative fuels. If the state board determines that portions of the
plan meet the requirements of the state and federal acts and are
adequate to attain state ambient air quality standards, it shall
adopt those portions and submit to the Environmental Protection
Agency the portions of the plan required by the federal act within
120 days after receipt of the plan from the south coast district.
   (b) If the state board determines that the plan does not meet all
the requirements of the state and federal acts, or does not include a
deadline for the attainment of the state ambient air quality
standards by application of the best available control technology,
indirect source controls, transportation control measures, and the
use of cleaner burning alternative fuels, the state board shall,
prior to amending the plan, convene a committee comprised of two
members each of the state board, the Executive Committee of the
Southern California Association of Governments, and the south coast
district board appointed by the entity they represent to attempt to
resolve the differences. If it is necessary to amend the plan, the
state board shall do so at a public hearing held pursuant to Section
41652 and shall submit to the Environmental Protection Agency the
portions of the plan required by the federal act within 120 days
after receipt of the plan from the south coast district. In
submitting the plan to the Environmental Protection Agency, the state
board shall indicate what changes have been made to the plan.
   (c) Within 30 days after the receipt of the plan from the south
coast district, the state board shall determine if, with respect to
any part of the plan concerning the control of a source of emissions
that is within the state board's responsibility under law, it has
sufficient information to determine whether the plan, or any part of
the plan, meets the applicable requirements of the state and federal
acts and is adequate to attain state ambient air quality standards.
The state board shall thereupon notify the south coast district, in
writing, of the additional information needed to make the
determination, and the south coast district shall promptly furnish
the information.


40469.5.  Following the adoption of those portions of the plan that
comply with the California Clean Air Act of 1988 (Chapter 1568,
Statutes of 1988) and the federal Clean Air Act (42 U.S.C. Sec. 7401
et seq.) and are adequate to attain state ambient air quality
standards, the state board shall make all reasonable efforts to
assist the south coast district by providing any additional
information required to achieve an approvable state implementation
plan, including convening joint public workshops on air quality
monitoring, modeling, control technologies, and other matters coming
within the state board's responsibility under law, and assisting the
south coast district in researching and testing transportation
control measures.



40470.  The Southern California Association of Governments shall
participate in the joint agency review and conflict resolution
processes established by Sections 40463, 40467, and 40469 insofar as
the processes relate to plan elements for which the Southern
California Association of Governments has plan development
responsibility.



40471.  (a) Within one year from the date that a new federal ambient
air standard for PM2.5 is adopted, the south coast district shall
make a preliminary assessment of the nature of PM2.5 in the South
Coast Air Basin, and shall revise its air quality management plan to
include a discussion of how the south coast district's current PM10
strategy and ozone plan will assist the South Coast Air Basin to make
progress in achieving compliance with the 24-hour federal ambient
air standard for PM2.5.
   (b) On or before December 31, 2001, and every three years
thereafter, as part of the preparation of the air quality management
plan revisions, the south coast district board, in conjunction with a
public health organization or agency, shall prepare a report on the
health impacts of particulate matter air pollution in the South Coast
Air Basin. The south coast district board shall submit its report to
the advisory council appointed pursuant to Section 40428 for review
and comment. The advisory council shall undertake peer review
concerning the report prior to its finalization and public release.
The south coast district board shall hold public hearings concerning
the report and the peer review, and shall append to the report any
additional material or information that results from the peer review
and public hearings.