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Official Government Sites
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HEALTH AND SAFETY CODE
SECTION 41700-41712
41700. Except as otherwise provided in Section 41705, no person
shall discharge from any source whatsoever such quantities of air
contaminants or other material which cause injury, detriment,
nuisance, or annoyance to any considerable number of persons or to
the public, or which endanger the comfort, repose, health, or safety
of any such persons or the public, or which cause, or have a natural
tendency to cause, injury or damage to business or property.
41701. Except as otherwise provided in Section 41704, or Article 2
(commencing with Section 41800) of this chapter other than Section
41812, or Article 2 (commencing with Section 42350) of Chapter 4, no
person shall discharge into the atmosphere from any source whatsoever
any air contaminant, other than uncombined water vapor, for a period
or periods aggregating more than three minutes in any one hour which
is:
(a) As dark or darker in shade as that designated as No. 2 on the
Ringelmann Chart, as published by the United States Bureau of Mines,
or
(b) Of such opacity as to obscure an observer's view to a degree
equal to or greater than does smoke described in subdivision (a).
41701.5. (a) Neither the state board nor any district shall impose
a discharge requirement on emissions of visible smoke from diesel
pile-driving hammers which is more stringent than the requirements of
this section, except as provided in subdivisions (b) and (c).
(b) A district shall issue a permit to the operator of a diesel
pile-driving hammer if the operator submits a completed application
for a permit to the district and the district determines, on the
basis of information provided in the application, that the proposed
use will comply with one of the following requirements:
(1) Meets the Ringelmann 1 limit, as published by the United
States Bureau of Mines, and does not exceed that limit for more than
four minutes during the driving of a single pile.
(2) Meets the Ringelmann 2 limit, as published by the United
States Bureau of Mines, does not exceed that limit for more than four
minutes during the driving of a single pile, and uses kerosene fuel,
smoke suppressing fuel additives, and synthetic lubricating oil. A
district may establish other requirements for compliance with this
paragraph if the requirements are technologically and economically
feasible. A district may consider the type of soil in which the pile
driving is to occur and the number of blows required to drive a pile
in determining the technological and economic feasibility of other
conditions to be imposed by the district.
(c) A permit issued by a district shall be valid until the
pile-driving work has been approved or accepted by the person or
entity for which the work is being performed. Upon request of an
operator or of a person or entity for which the pile-driving work is
performed, a district may extend the time period for which the permit
is valid if the operator continues to comply with this section.
41701.6. Neither the state board nor any district shall impose a
discharge requirement on emissions of visible smoke from any diesel
auxiliary engine or generator used exclusively to operate a drinking
water system which is more stringent than the Ringelmann 2 limit, as
published by the United States Bureau of Mines on January 1, 1995,
when operated under emergency circumstances, or operated not more
than 30 minutes each week, or two hours each month, under
nonemergency circumstances.
41702. No person shall operate any article, machine, equipment, or
other contrivance which is the subject of a variance if that article,
machine, equipment, or other contrivance, as may be the case, is not
in compliance with a required schedule of increments of progress,
unless such operation is authorized by a hearing board.
41703. If a district board adopts a rule or regulation of emission
standards to take effect as of a future date, the rule or regulation
shall also require any person who owns or operates a source of air
contaminants whose emissions exceed such standards to submit to the
hearing board, for a public hearing, after notice pursuant to Section
40826, a schedule of increments of progress by which the source
emissions will be brought into compliance by the time such standards
take effect.
If the rule or regulation itself includes a schedule of increments
of progress, the person shall apply for a modification in accordance
with Section 42357 in the event he cannot comply with the schedule
in the rule or regulation, except that an application for a change in
the final compliance date shall be subject to the requirements for a
variance, as provided in Section 42352.
41704. Section 41701 does not apply to any of the following:
(a) Fires set pursuant to Section 41801.
(b) Agricultural burning for which a permit has been granted
pursuant to Article 3 (commencing with Section 41850).
(c) Fires set or permitted by any public officer in the
performance of his or her official duty for the improvement of
watershed, range, or pasture.
(d) Use of any aircraft to distribute seed, fertilizer,
insecticides, or other agricultural aids over lands devoted to the
growing of crops or raising of fowl or animals.
(e) Open outdoor fires used only for cooking of food for human
beings or for recreational purposes.
(f) The use of orchard and citrus grove heaters which are in
compliance with the requirements set forth in Section 41860.
(g) Agricultural operations necessary for the growing of crops or
raising of fowl or animals.
(h) The use of other equipment in agricultural operations
necessary for the growing of crops or raising of fowl or animals.
(i) Fugitive dust emissions from rock crushing facilities within
the Southeast Desert Air Basin, where the facilities were in
existence prior to January 1, 1970, at a location where the
population density is less than 10 persons per square mile in each
square mile within a seven-mile radius of the facilities; provided,
however, that under no circumstances shall the emissions cause a
measurable degradation of the ambient air quality or create a
nuisance. This subdivision does not apply to any rock crushing
facilities which (1) process in excess of 100 tons of rock in any
24-hour period, averaged over any period of 30 consecutive days, (2)
have 25 or more employees, (3) fail to operate and maintain in good
working order any emission control equipment installed prior to
January 1, 1978, or (4) undergo a change of ownership after January
1, 1977.
(j) Emissions from vessels using steam boilers during emergency
boiler shutdowns for safety reasons, safety and operational tests
required by governmental agencies, and where maneuvering is required
to avoid hazards.
(k) Emissions from vessels during a breakdown condition, as long
as the discharge is reported in accordance with district
requirements.
(l) The use of visible emission generating equipment in training
sessions conducted by governmental agencies necessary for certifying
persons to evaluate visible emissions for compliance with Section
41701 or applicable district rules and regulations. Any local or
regional authority rule or regulation relating to visible emissions
are not applicable to the equipment.
(m) Smoke emissions from teepee burners operating in compliance
with Section 4438 of the Public Resources Code during the disposal of
forestry and agricultural residues or forestry and agricultural
residues with supplementary fossil fuels when the emissions result
from the startup or shutdown of the combustion process or from the
malfunction of emission control equipment. This subdivision does not
apply to emissions which exceed a period or periods of time
aggregating more than 30 minutes in any 24-hour period. This
subdivision does not apply to emissions which result from the failure
to operate and maintain in good working order any emission control
equipment.
(n) Smoke emissions from burners used to produce energy and fired
by forestry and agricultural residues with supplementary fossil fuels
when the emissions result from startup or shutdown of the combustion
process or from the malfunction of emission control equipment. This
subdivision does not apply to emissions which exceed a period or
periods of time aggregating more than 30 minutes in any 24-hour
period, or which result from the failure to operate and maintain in
good working order any emission control equipment.
(o) Emissions from methanol fuel manufacturing plants which
manufacture not more than 2,000,000 gallons of methanol fuel per day
from wood, agricultural waste, natural gas, or coke (exclusive of
petroleum coke). As used in this subdivision, "manufacturing plant"
includes all necessary support systems, including field operations
equipment that provide feed stock. However, this subdivision shall
apply to not more than one methanol fuel manufacturing plant in each
air basin and each plant shall be located in an area designated as an
"attainment area" pursuant to the Clean Air Act (42 U.S.C. Sec. 7401
et seq.) and shall meet all applicable standards required by the
district board. This subdivision shall remain in effect with respect
to a plant until five years after construction of the plant and
shall have no force and effect with respect to the plant on and after
that date.
(p) The use of an obscurant for the purpose of training military
personnel and the testing of military equipment by the United States
Department of Defense on any military reservation.
41705. (a) Section 41700 does not apply to odors emanating from any
of the following:
(1) Agricultural operations necessary for the growing of crops or
the raising of fowl or animals.
(2) Operations that produce, manufacture, or handle compost, as
defined in Section 40116 of the Public Resources Code, if the odors
emanate directly from the compost facility or operations.
(3) Operations that compost green material or animal waste
products derived from agricultural operations, and that return
similar amounts of the compost produced to that same agricultural
operations source, or to an agricultural operations source owned or
leased by the owner, parent company, or subsidiary conducting the
composting operation. The composting operation may produce an
incidental amount of compost not exceeding 2,500 cubic yards of
compost, which may be given away or sold annually.
(b) If a district receives a complaint pertaining to an odor
emanating from a compost operation exempt from Section 41700 pursuant
to paragraph (2) or (3) of subdivision (a), that is subject to the
jurisdiction of an enforcement agency under Division 30 (commencing
with Section 40000) of the Public Resources Code, the district shall,
within 24 hours or by the next working day, refer the complaint to
the enforcement agency.
(c) This section shall become inoperative on April 1, 2003, unless
the California Integrated Waste Management Board adopts and submits
regulations governing the operation of organic composting sites to
the Office of Administrative Law pursuant to subdivision (c) of
Section 43209.1 of the Public Resources Code on or prior to that
date.
41705. (a) Section 41700 shall not apply to odors emanating from
agricultural operations necessary for the growing of crops or the
raising of fowl or animals.
(b) This section shall become operative on April 1, 2003, unless
the California Integrated Waste Management Board adopts and submits
regulations governing the operation of organic composting sites to
the Office of Administrative Law pursuant to subdivision (c) of
Section 43209.1 of the Public Resources Code on or prior to that
date.
41706. (a) The Legislature hereby finds and declares that recent
evidence indicates that lead compounds emitted into the air by
nonvehicular sources accumulate in and upon vegetation in the
vicinity of such sources, pose a grave threat to the health of
animals which consume such vegetation, and constitute a potential
human health hazard.
(b) Every district shall establish emission standards for lead
compounds emitted into the air from nonvehicular sources. Where a
district has failed to establish such standards, the state board
shall establish such standards for that district.
41707. Notwithstanding the provisions of this chapter restricting
burning, the state board, after consultation with the district in
which the burning is to take place, may issue permits for
experimental burning designed to develop new or improved techniques
of burning to reduce emissions, except that no experimental burning
may create a nuisance.
41708. Any district may adopt a rule or regulation for the control
of volatile organic compound emissions from cutback asphalt paving
material based on local considerations, including, but not limited
to, the degree of air pollution resulting from such paving material,
the economic impact of the rule and regulation, and the feasibility
of implementing the rule and regulation.
The state board shall not override or otherwise amend any action
taken by a district relating to the use of cutback asphalts.
41712. (a) For purposes of this section, the following terms have
the following meaning:
(1) "Consumer product" means a chemically formulated product used
by household and institutional consumers, including, but not limited
to, detergents; cleaning compounds; polishes; floor finishes;
cosmetics; personal care products; home, lawn, and garden products;
disinfectants; sanitizers; aerosol paints; and automotive specialty
products; but does not include other paint products, furniture
coatings, or architectural coatings.
(2) "Health benefit product" means an antimicrobial product
registered with the Environmental Protection Agency.
(3) "Maximum feasible reduction in volatile organic compounds
emitted" means at least a 60-percent reduction in the emissions of
volatile organic compounds resulting from the use of aerosol paints,
calculated with respect to the 1989 baseline year, including acetone
in that baseline year.
(4) "Medical expert" means a physician, including a pediatrician,
a microbiologist, or a scientist involved in research related to
infectious disease and infection control.
(b) The state board shall adopt regulations to achieve the maximum
feasible reduction in volatile organic compounds emitted by consumer
products, if the state board determines that adequate data exists to
establish both of the following:
(1) The regulations are necessary to attain state and federal
ambient air quality standards.
(2) The regulations are commercially and technologically feasible
and necessary.
(c) A regulation shall not be adopted which requires the
elimination of a product form.
(d) The state board shall not adopt regulations pursuant to
subdivision (b) unless the regulations are technologically and
commercially feasible, and necessary to carry out this division. The
state board shall consider the effect that the regulations proposed
for health benefit products will have on the efficacy of those
products in killing or inactivating agents of infectious diseases
such as viruses, bacteria, and fungi, and the impact the regulations
will have on the availability of health benefit products to
California consumers.
(e) (1) Prior to adopting regulations pursuant to this section
governing health benefit products, the state board shall consider any
recommendations received from federal, state, or local public health
agencies and medical experts in the field of public health.
(2) Within 30 days from the date of the adoption of any regulation
pursuant to this section governing health benefit products, the
state board shall prepare and submit to the Legislature and the
Governor a report that summarizes any recommendations received
pursuant to paragraph (1) and any conclusions made by the state board
concerning the recommendations.
(f) A district shall adopt no regulation pertaining to
disinfectants, nor any regulation pertaining to a consumer product
that is different than any regulation adopted by the state board for
that purpose.
(g) A consumer product manufactured prior to each effective date
specified in regulations adopted by the state board pursuant to this
section that applies to that consumer product may be sold, supplied,
or offered for sale for a period of three years from the specified
effective date if the date of manufacture or a representative date
code is clearly displayed on the product at the point of sale. An
explanation of the date code shall be filed with the state board.
(h) (1) It is the intent of the Legislature that, prior to January
1, 2000, air pollution control standards affecting the formulation
of aerosol adhesives and limiting emissions of reactive organic
compounds resulting from the use of aerosol adhesives be set solely
by the state board to ensure uniform standards applicable on a
statewide basis.
(2) The Legislature recognizes that the current state board
volatile organic compound (VOC) limit for aerosol adhesives is 75
percent by weight. Effective January 1, 1997, the state board's
75-percent standard shall apply to all uses of aerosol adhesives,
including consumer, industrial, and commercial uses, and any district
regulations limiting the VOC content of, or emissions from, aerosol
adhesives, are null and void. After that date, a district may adopt
and enforce the state board's 75-percent standard for aerosol
adhesives, or a subsequently adopted state board standard, in the
same manner as a district regulation limiting the issuance of air
contaminants.
(3) On or before July 1, 2000, the state board shall prepare a
study and conduct a public hearing on the need for, and the
feasibility of, establishing a more stringent standard or standards
for aerosol adhesives. If the state board finds that more stringent
limits for aerosol adhesives are expected to become feasible, the
state board shall, at that time, adopt a standard or standards to
implement more stringent VOC limits. At a minimum, the state board
shall establish standards pursuant to this paragraph that constitute
best available retrofit control technology, as defined in Section
40406, and implement all plans adopted pursuant to Chapter 10
(commencing with Section 40910) of Part 3 unless the state board
determines that those measures are not achievable.
(4) Notwithstanding any other provision of this section, on and
after January 1, 2000, a district may adopt and enforce a regulation
setting an emission standard or standards for VOC emissions for the
use of aerosol adhesives that is more stringent than the standards
adopted by the state board.
(i) (1) It is the intent of the Legislature that air pollution
control standards affecting the formulation of aerosol paints and
limiting the emissions of volatile organic compounds resulting from
the use of aerosol paints be set solely by the state board to ensure
uniform standards applicable on a statewide basis. A district shall
not adopt or enforce any regulation regarding the volatile organic
compound content of, or emissions from, aerosol paints until such
time as the state board has adopted a regulation regarding those
paints, and any district regulation shall not be different than the
state board regulation. A district may observe and enforce a state
board regulation regarding aerosol paints in the same manner as a
district regulation limiting the issuance of air contaminants. This
subdivision shall not apply to any district that has adopted a rule
or regulation regarding aerosol paints pursuant to an order of a
federal court, until such time as the federal court has authorized
the district to observe and enforce the state board regulation in
lieu of the district regulation.
(2) On or before January 1, 1995, the state board shall adopt
regulations requiring the maximum feasible reduction in volatile
organic compounds emitted from the use of aerosol paints. The
regulations shall establish final limits and require full compliance
not later than December 31, 1999, and shall establish interim limits
prior to that date resulting in reductions in reactive organic
compounds.
(3) On or before December 31, 1998, the state board shall conduct
a public hearing on the technological or commercial feasibility of
achieving full compliance with the final limits by December 31, 1999.
If the state board determines that a 60-percent reduction in
emissions of reactive organic compounds from the use of aerosol
paints is not technologically or commercially feasible by December
31, 1999, the state board may grant an extension of time not to
exceed five years. During any such extension of time, the most
stringent interim limits shall be applicable. Any regulation adopted
by the state board shall include a provision authorizing the time
extension and requiring a public hearing on technological or
commercial feasibility consistent with this subdivision. The state
board shall seek to ensure that the final limits for aerosol paints
established pursuant to this subdivision do not become federally
enforceable prior to the effective date established by the state
board for these limits, including any extension granted under this
subdivision.
(4) Reductions required for aerosol paints under this subdivision
are not intended to apply to any other consumer product.
(j) The state board shall not adopt a regulation pertaining to
disinfectants any sooner than December 1, 2003.
(k) The state board shall comply with its volatile organic
compound emission reduction obligations under the 1994 State
Implementation Plan, or any amendments thereto, and shall ensure that
there is no loss of emission reductions as a result of its
compliance with subdivision (j).
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